[Rev. 3/1/2019 5:31:34 PM]
LAWS OF THE STATE OF NEVADA
κ1957 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FORTY-EIGHTH SESSION OF THE LEGISLATURE
1957
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Senate Bill No. 1Senator Johnson
CHAPTER 1
AN ACT creating a legislative fund.
[Approved January 23, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of paying the salaries, mileage, and the postage and stationery allowances of members of the 1957 Nevada legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, and the unpaid expenses incurred by the 1956 special session of the Nevada legislature, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise appropriated, the sum of $150,000, which shall constitute the legislative fund.
Sec. 2. The state controller is hereby authorized and required to draw his warrants on the legislative fund in favor of the members and employees of the senate and assembly for per diem, mileage, stationery allowances, compensation, and incidental expenses of the respective houses, when properly certified in accordance with law, and the state treasurer is hereby authorized and required to pay the same.
Sec. 3. Any unexpended portion of the legislative fund shall revert to the general fund on December 31, 1959.
Sec. 4. This act shall become effective upon passage and approval.
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Senate Bill No. 2Committee on Judiciary
CHAPTER 2
AN ACT to revise the laws and statutes of the State of Nevada of a general or public nature; to adopt and enact such revised laws and statutes, to be known as the Nevada Revised Statutes, as the law of the State of Nevada; to repeal all prior laws and statutes of a general, public and permanent nature; providing penalties; and other matters relating thereto.
[Approved January 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Enactment of Nevada Revised Statutes. The Nevada Revised Statutes, being the statute laws set forth after section 9 of this act, are hereby adopted and enacted as law of the State of Nevada.
κ1957 Statutes of Nevada, Page 2 (CHAPTER 2, SB 2)κ
Sec. 2. Designation and Citation. The Nevada Revised Statutes adopted and enacted into law by this act, and as hereafter amended and supplemented and printed and published pursuant to law, shall be known as Nevada Revised Statutes and may be cited as NRS followed by the number of the Title, chapter or section, as appropriate.
Sec. 3. Repeal of Prior Laws. Except as provided in section 5 of this act and unless expressly continued by specific provisions of Nevada Revised Statutes, all laws and statutes of the State of Nevada of a general, public and permanent nature enacted prior to January 21, 1957, hereby are repealed.
Sec. 4. Construction of Act.
1. The Nevada Revised Statutes, as enacted by this act, are intended to speak for themselves; and all sections of the Nevada Revised Statutes as so enacted shall be considered to speak as of the same date, except that in cases of conflict between two or more sections or of any ambiguity in a section, reference may be had to the acts from which the sections are derived, for the purpose of applying the rules of construction relating to repeal or amendment by implication or for the purpose of resolving the ambiguity.
2. The provisions of Nevada Revised Statutes as enacted by this act shall be considered as substituted in a continuing way for the provisions of the prior laws and statutes repealed by section 3 of this act.
3. The incorporation of initiated and referred measures is not to be deemed a legislative reenactment or amendment thereof, but only a mechanical inclusion thereof into the Nevada Revised Statutes.
4. The various analyses set out in Nevada Revised Statutes, constituting enumerations or lists of the Titles, chapters and sections of Nevada Revised Statutes, and the descriptive headings or catchlines immediately preceding or within the texts of individual sections, except the section numbers included in the headings or catchlines immediately preceding the texts of such sections, do not constitute part of the law. All derivation and other notes set out in Nevada Revised Statutes are given for the purpose of convenient reference, and do not constitute part of the law.
5. Whenever any reference is made to any portion of Nevada Revised Statutes or of any other law of this state or of the United States, such reference shall apply to all amendments and additions thereto now or hereafter made.
Sec. 5. Effect of Enactment of NRS and Repealing Clause.
1. The adoption and enactment of Nevada Revised Statutes shall not be construed to repeal or in any way affect or modify:
(a) Any special, local or temporary laws.
(b) Any law making an appropriation.
(c) Any law affecting any bond issue or by which any bond issue may have been authorized.
(d) The running of the statutes of limitations in force at the time this act becomes effective.
(e) The continued existence and operation of any department, agency or office heretofore legally established or held.
(f) Any bond of any public officer.
κ1957 Statutes of Nevada, Page 3 (CHAPTER 2, SB 2)κ
(g) Any taxes, fees, assessments or other charges incurred or imposed.
(h) Any statutes authorizing, ratifying, confirming, approving or accepting any compact or contract with any other state or with the United States or any agency or instrumentality thereof.
2. All laws, rights and obligations set forth in subsection 1 of this section shall continue and exist in all respects as if Nevada Revised Statutes had not been adopted and enacted.
3. The repeal of prior laws and statutes provided in section 3 of this act shall not affect any act done, or any cause of action accrued or established, nor any plea, defense, bar or matter subsisting before the time when such repeal shall take effect; but the proceedings in every case shall conform with the provisions of Nevada Revised Statutes.
4. All the provisions of laws and statutes repealed by section 3 of this act shall be deemed to have remained in force from the time when they began to take effect, so far as they may apply to any department, agency, office, or trust, or any transaction, or event, or any limitation, or any right, or obligation, or the construction of any contract already affected by such laws, notwithstanding the repeal of such provisions.
5. No fine, forfeiture or penalty incurred under laws or statutes existing prior to the time Nevada Revised Statutes take effect shall be affected by repeal of such existing laws or statutes, but the recovery of such fines and forfeitures and the enforcement of such penalties shall be effected as if the law or statute repealed had still remained in effect.
6. When an offense is committed prior to the time Nevada Revised Statutes take effect, the offender shall be punished under the law or statute in effect when the offense was committed.
7. No law or statute which heretofore has been repealed shall be revived by the repeal provided in section 3 of this act.
8. The repeal by section 3 of this act of a law or statute validating previous acts, contracts or transactions shall not affect the validity of such acts, contracts or transactions, but the same shall remain as valid as if there had been no such repeal.
9. If any provision of the Nevada Revised Statutes as enacted by this act, derived from an act that amended or repealed a preexisting statute, is held unconstitutional, the provisions of section 3 of this act shall not prevent the preexisting statute from being law if that appears to have been the intent of the legislature or the people.
Sec. 6. Severability of Provisions. If any provision of the Nevada Revised Statutes or amendments thereto, or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of the Nevada Revised Statutes or such amendments that can be given effect without the invalid provision or application, and to this end the provisions of Nevada Revised Statutes and such amendments are declared to be severable.
Sec. 7. Effective Date. This act, and each and all of the laws and statutes herein contained and hereby enacted as the Nevada Revised Statutes, shall take effect upon passage and approval.
κ1957 Statutes of Nevada, Page 4 (CHAPTER 2, SB 2)κ
statutes herein contained and hereby enacted as the Nevada Revised Statutes, shall take effect upon passage and approval.
Sec. 8. Omission From Session Laws. The provisions of NRS 1.010 to 710.590, inclusive, appearing following section 9 of this act shall not be printed or included in the Statutes of Nevada as provided by NRS 218.500 and NRS 218.510; but there shall be inserted immediately following section 9 of this act the words: (Here followed NRS 1.010 to 710.590, inclusive.)
Sec. 9. Content of Nevada Revised Statutes. The following laws and statutes attached hereto, consisting of NRS sections 1.010 to 710.590, inclusive, constitute the Nevada Revised Statutes:
(Here followed NRS 1.010 to 710.590, inclusive.)
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Senate Bill No. 3Committee on Judiciary
CHAPTER 3
AN ACT to amend NRS section 218.310 relating to drafting of bills, and to amend NRS sections 220.100, 220.130, 220.160 and 220.170 relating to the duties of the statute revision commission.
[Approved January 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.310 is hereby amended to read as follows:
218.310 1. Bills to amend existing general statutes and all bills to enact new statutes of a general, public and permanent nature shall be deemed amendments to NRS and shall contain reference to [sections of] NRS. [in the body of the bill rather than in the title.]
2. New matter shall be indicated by underscoring in the typewritten copy and italics in the printed copy [.] except in bills to add new chapters or Titles to NRS and which do not amend existing sections of NRS.
3. Matter to be omitted shall be indicated by brackets in the typewritten copy and brackets or strike-out type in the printed copy.
4. In the drafting and printing of bills all matter appearing as omitted and bracketed in previously enacted and printed statutes shall be omitted entirely.
Sec. 2. NRS 220.100 is hereby amended to read as follows:
220.100 1. As soon as practicable after May 1, 1951, the commission shall commence the preparation of a complete revision and compilation of the laws of the State of Nevada of general application, and a compilation of the constitution of the State of Nevada, together with brief annotations to sections thereof.
2. The revision when completed shall be known as Nevada Revised Statutes [, ., and the year of first publication shall be filled in in the blank space of the title. For brevity the title may be cited as NRS .] and may be cited as NRS followed by the number of the Title, chapter or section, as appropriate.
κ1957 Statutes of Nevada, Page 5 (CHAPTER 3, SB 3)κ
Sec. 3. NRS 220.130 is hereby amended to read as follows:
220.130 1. Upon completion of Nevada Revised Statutes, the commission is authorized and directed to have the same printed, lithoprinted or reproduced by any other process at the state printing office. Sufficient copies of each page shall be printed or reproduced so that there shall be bound 2,500 copies of each volume of Nevada Revised Statutes.
2. Upon completion of the final printing or other reproduction the separate volumes shall be bound as required in this chapter and forwarded to the secretary of state for safekeeping and disposition. The secretary of state shall sell each set at a price to be set by the commission as near as possible to the cost of preparing, printing and binding, and all proceeds of sales shall be deposited in the general fund.
3. A master copy of Nevada Revised Statutes [, .,] shall be kept in the office of the commission, and the master copy shall not be removed from the office except in the custody of a member of the commission or the director thereof.
Sec. 4. NRS 220.160 is hereby amended to read as follows:
220.160 1. Upon the completion of Nevada Revised Statutes [, .,] the commission is authorized and directed to prepare and have printed or reproduced such replacement and supplementary pages for such laws as may, from time to time, be necessary. In any event, the commission shall prepare replacement and supplementary pages made necessary by the sessions of the legislature as soon as possible after each session.
2. The intent of this section is that Nevada Revised Statutes shall be kept current insofar as may be possible. To that end, the provisions of this chapter and, in particular, NRS 220.120 shall be applicable to the preparation and printing or reproduction of such replacement and supplementary pages.
3. Prices shall be set by the commission as near as possible to the cost of preparing, printing and reproduction.
Sec. 5. NRS 220.170 is hereby amended to read as follows:
220.170 [Upon completion, Nevada Revised Statutes, ., may be cited as prima facie evidence of the law in all of the courts of this state. Such evidence may be rebutted by proof that the same differ from the official statutes of Nevada.] 1. The master copy of Nevada Revised Statutes, as printed and bound in accordance with NRS 220.130, shall contain a certificate of the director that he has compared each section thereof with the original section of the enrolled bill by which Nevada Revised Statutes was adopted and enacted, and that the sections in the published edition are correctly copied. All other printed and bound copies of Nevada Revised Statutes shall contain a copy of the certificate.
2. Each set of replacement or supplementary pages, prepared in accordance with NRS 220.160 and provided for inclusion in the master copy of Nevada Revised Statutes, shall be accompanied by a certificate of the director that he has compared each section thereof with the original section of the enrolled bill, and that, with the exception of the changes authorized by law, the sections set forth in the replacement or supplementary pages are correctly copied.
κ1957 Statutes of Nevada, Page 6 (CHAPTER 3, SB 3)κ
or supplementary pages are correctly copied. All other sets of replacement or supplementary pages shall be accompanied by a copy of the certificate. All such certificates shall be inserted in the bound copies of Nevada Revised Statutes in chronological order immediately following the initial certificate of the director.
3. Copies of Nevada Revised Statutes, as printed, published, revised, supplemented and certified in accordance with this chapter, may be cited as prima facie evidence of the law in all of the courts of this state. Such evidence may be rebutted by proof that the same differ from the official statutes of Nevada.
Sec. 6. This act shall become effective upon passage and approval.
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Assembly Bill No. 14Messrs. McKissick and Hill
CHAPTER 4
AN ACT to amend chapter 379 of NRS relating to county, city and town public libraries by creating a new provision providing penalties for willful detention of property owned by public libraries.
[Approved February 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 379 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who willfully detains any book, newspaper, magazine, pamphlet, manuscript, filmstrip or other property of any public library or reading room for more than 30 days after receipt of written notice demanding the return of any such article or property shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $50.
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Assembly Bill No. 74Washoe County Delegation
CHAPTER 5
AN ACT to amend and supplement an act entitled An Act authorizing and empowering the board of county commissioners of the county of Washoe, State of Nevada, in their discretion, not later than 3 years after the passage and approval of this act, to issue bonds for the construction, furnishing and equipment of additional medical facilities at Washoe Medical Center, a public county hospital in such county, and to levy a tax for the payment of interest thereon and the redemption thereof; and other matters relating thereto, approved February 25, 1956; and to ratify, approve and confirm action and proceedings heretofore taken or adopted relating to the issuance of those bonds.
[Approved February 18, 1957]
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 17, Statutes of Nevada 1956, is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 7 (CHAPTER 5, AB 74)κ
Section 1. [For] Notwithstanding the provisions of any other law, including but not limited to NRS 350.010 to 350.200, inclusive, without first having obtained the approval and authorization of the voters of Washoe County, for the purpose of providing for the construction, furnishing and equipment of additional medical facilities at the public county hospital known as Washoe Medical Center, the county commissioners of Washoe County are hereby authorized and empowered, in their discretion, except as herein otherwise provided in section 8, not later than 3 years after the passage and approval of this act, to issue bonds in the name of the county of Washoe, not to exceed in amount $100,000, which shall be known as Washoe Medical Center Improvement Bonds, Series 195 .. Such bonds and interest thereon shall be payable in lawful money of the United States of America.
Sec. 2. The above-entitled act, being chapter 17, Statutes of Nevada 1956, is hereby amended by adding thereto sections 11.1 and 11.2 which shall immediately follow section 11, and shall read as follows:
Section 11.1. All action taken by the board of county commissioners, the board of trustees of the Washoe Medical Center, and the officers of such county prior to the adoption of the amendment by which this section is enacted, and all proceedings theretofore adopted relating to the authorization, sale and issuance of such bonds, be, and the same hereby are, ratified, approved and confirmed, including, without limiting the generality of the foregoing, the authorization to issue the Washoe Medical Center Improvement Bonds, Series July 2, 1956, in the principal amount of $100,000, and the acceptance of the proposal for the purchase of the bonds submitted by the State of Nevada through the state board of finance by a resolution passed, adopted and approved on the 20th day of July, 1956, by the board of county commissioners of Washoe County.
Section 11.2. If any section, subsection, sentence, clause, or phrase of this act be for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this act. The legislature of the State of Nevada hereby declares that it would have passed this act and each section, subsection, sentence, clause and phrase thereof separately and irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be invalid.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 50Mr. Ryan
CHAPTER 6
AN ACT to amend NRS section 218.220 relating to the per diem and travel expenses of legislators.
[Approved February 20, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.220 is hereby amended to read as follows:
218.220 1. Notwithstanding the provisions of NRS 281.170 or any other law, the [The] per diem expense allowance and the travel expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.
κ1957 Statutes of Nevada, Page 8 (CHAPTER 6, AB 50)κ
other law, the [The] per diem expense allowance and the travel expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.
2. If a senator or assemblyman travels daily from his home to sessions of the legislature, he shall be allowed for each mile between the capital and his home, for each day the house of the legislature to which he belongs is actually convened or for each day he travels to the capital on official legislative business, [the same mileage allowance made to state officers and employees traveling by private conveyance on state business.] travel expenses at the rate of 10 cents per mile traveled.
3. If the senator or assemblyman does not travel from home daily but takes up a temporary residence in the vicinity of the capital for the duration of the legislative session, he shall be allowed [the] a per diem expense allowance [made to officers and employees of the state] of $15 for each day he is away from his home and for the entire period that the legislature is in session.
4. Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund [.] once each week.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 12Miss Herr, Messrs. Godbey, Von Tobel and DeSpain
CHAPTER 7
AN ACT to amend chapter 41 of NRS relating to actions and proceedings in particular cases concerning persons by creating a new provision relating to civil liability of parents or guardian for a minors act or willful misconduct resulting in property damage.
[Approved February 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any act of willful misconduct of a minor under the age of 18 years which results in any injury to the property of another shall be imputed to the parents or guardian having custody and control of the minor for all purposes of civil damages, and such parents or guardian having custody or control shall be jointly and severally liable with such minor for all damages resulting from such willful misconduct.
2. The joint and several liability of one or both parents or guardian having custody or control of a minor under this section shall not exceed $300 for any such act of willful misconduct of the minor.
3. The liability imposed by this section is in addition to any liability now imposed by law.
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κ1957 Statutes of Nevada, Page 9κ
Assembly Bill No. 30Committee on Judiciary
CHAPTER 8
AN ACT to amend NRS section 130.090 relating to duties of support enforcible under the Uniform Reciprocal Enforcement of Support Act.
[Approved February 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 130.090 is hereby amended to read as follows:
130.090 Duties of support [enforcible] applicable under this chapter are those imposed or imposable under the laws of any state where the [alleged] obligor was present during the period for which support is sought. [or where the obligee was present when the failure to support commenced, at the election of the obligee.] The obligor is presumed to have been present in the responding state during the period for which support is sought until otherwise shown.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 32Committee on Judiciary
CHAPTER 9
AN ACT to amend NRS section 169.060 relating to collection of court costs in criminal cases; providing for the transmission of such costs to the county general fund.
[Approved February 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 169.060 is hereby amended to read as follows:
169.060 Judgment for costs shall be entered against the defendant, to be collected as judgments in civil cases. All moneys so collected shall be deposited in the county general fund.
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Assembly Bill No. 33Committee on Judiciary
CHAPTER 10
AN ACT to amend NRS section 328.260 relating to the ceding of jurisdiction over land comprising the United States Naval Ammunition Depot in Mineral County.
[Approved February 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 328.260 is hereby amended to read as follows:
328.260 1. The State of Nevada, except as hereinafter reserved and provided, hereby cedes jurisdiction to the United States upon and over the land and within the premises of that certain area situated near Hawthorne, Nevada, in Mineral County, commonly known as the U.S.N.
κ1957 Statutes of Nevada, Page 10 (CHAPTER 10, AB 33)κ
over the land and within the premises of that certain area situated near Hawthorne, Nevada, in Mineral County, commonly known as the U.S.N. Ammunition Depot, comprising all of that certain area now occupied by the Federal Government in connection with the plant, [or to be hereafter acquired or annexed thereto, or to be used in connection therewith,] including all the buildings and improvements thereon.
2. It is hereby reserved and provided by the State of Nevada that any private property upon the lands or premises shall be subject to taxation by the state, or any subdivision thereof having the right to levy and collect such taxes, but any property upon or within such premises which belongs to the Government of the United States shall be free of taxation by the state, by the county of Mineral, or any of its subdivisions.
3. The State of Nevada reserves the right to serve or cause to be served, by any of its proper officers, any criminal or civil process upon such land or within such premises for any cause there or elsewhere in the state arising, where such cause comes properly under the jurisdiction of the laws of this state or any subdivision thereof.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 31Committee on Judiciary
CHAPTER 11
AN ACT to amend NRS section 108.200 relating to lien foreclosure actions.
[Approved February 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.200 is hereby amended to read as follows:
108.200 1. Liens may be enforced by an action in any court of competent jurisdiction, on setting out in the complaint the particulars of the demand, with a description of the premises to be charged with the lien.
2. At the time of filing the complaint and issuing the summons, the plaintiff shall cause a notice to be published at least once a week for 3 successive weeks, in one newspaper published in the county, and if there is no newspaper published in the county, then in such mode as the court may determine, notifying all persons holding or claiming liens under the provisions of NRS 108.010 to 108.240, inclusive, on the premises:
(a) To be and appear before the court on a day specified therein; and
(b) To exhibit then and there the proof of their liens.
3. If it appears from the records of the county recorder that there are other lien claims recorded against the same premises at the time of the commencement of the action, the plaintiff shall, in addition to and after the initial publication of the notice as provided in subsection 2, mail to such other lien claimants, by registered mail, a copy of the notice as published.
κ1957 Statutes of Nevada, Page 11 (CHAPTER 11, AB 31)κ
[3.] 4. On the day appointed, the court shall enter judgment according to the right of the parties, and shall, by decree, proceed to hear and determine the claims in a summary way, or may, if it be the district court, refer the same to a master to ascertain and report upon the liens and the amount justly due thereon. All liens not so exhibited shall be deemed to be waived in favor of those which are so exhibited.
[4.] 5. On ascertaining the whole amount of the liens with which the premises are justly chargeable, as provided in NRS 108.010 to 108.240, inclusive, the court shall cause the premises to be sold in satisfaction of the liens and costs, including costs of suit, and any party in whose favor such judgment may be rendered may cause the premises to be sold within the time and in the manner provided for sales on execution, issued out of any district court, for the sale of real property.
[5.] 6. If the proceeds of sale, after the payment of costs, shall not be sufficient to satisfy the whole amount of such liens included in the decree of sale, then the proceeds shall be apportioned according to the right of the several parties. In case the proceeds of sale amount to more than the sum of the liens and the cost of sale, then the remaining shall be paid over to the owner of the property.
[6.] 7. Each party whose claim is not satisfied in the manner herein provided for shall have personal judgment for the residue against the party legally liable for the same if such person has been personally summoned or has appeared in the action.
[7.] 8. This section shall be applicable to actions in justices courts as to action on, trial of and sale of premises under mechanics liens, where the sum involved is within the provisions of paragraph (k) of subsection 1 of NRS 4.370.
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Assembly Bill No. 79Committee on Judiciary
CHAPTER 12
AN ACT to amend NRS section 127.040 relating to the manner of consent to adoptions and for relinquishments to authorized agencies; providing the instances when such consent shall be required.
[Approved February 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 127.040 is hereby amended to read as follows:
127.040 1. Written consent to the specific adoption proposed by the petition [,] or for relinquishment to an agency authorized under NRS 127.050, [sworn to] duly acknowledged by the person or persons consenting, shall be required from:
(a) Both parents if both are living;
(b) One parent if the other is dead;
(c) The mother only of a child born out of wedlock; or
(d) The guardian of the person of a child duly appointed by a court of competent jurisdiction.
κ1957 Statutes of Nevada, Page 12 (CHAPTER 12, AB 79)κ
2. Consent shall not be required of a parent who has been adjudged insane for a period of 2 years, and the court is satisfied by proof that such insanity is incurable.
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Assembly Bill No. 81Committee on Judiciary
CHAPTER 13
AN ACT to amend NRS section 345.050 relating to the sale price of the Statutes of Nevada and the legislative journals.
[Approved February 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 345.050 is hereby amended to read as follows:
345.050 1. The secretary of state is authorized to sell the following publications at the prices herein provided:
(a) Nevada Reports.
For each volume............................................................................................ $10.00
(b) Statutes of Nevada.
For each volume up to and including Statutes of Nevada 1928-1929... 1.00
For each volume published after Statutes of Nevada 1928-1929. [4.00] 10.00
For each volume of special session laws.................................................. .50
(c) Compilations of laws.
Compiled Laws of Nevada (1861-1873), by Bonnifield and Healy (two volumes), for each set............................................................................................ 2.00
General Statutes Nevada 1885 (1861-1885), by Baily & Hammond, for each volume................................................................................................................. 1.00
Compiled Laws of Nevada 1861-1900, by Cutting, for each volume..... 1.00
Revised Laws of Nevada 1912, Volumes I and II (two volumes), for each set .......................................................................................................... 3.00
Revised Laws of Nevada 1919, Volume III, for each volume................. 1.50
(d) Miscellaneous publications.
Nevada Constitutional Debates and Proceedings 1864, for each volume .......................................................................................................... 1.00
Nevada and Sawyers Digest 1878, for each volume.............................. .50
Nevada Digest Annotated (1912), by Patrick, for each volume............. 1.50
Journals of the assembly or senate, for each volume............................ 5.00
2. No volumes shall be sold or delivered until the purchase price therefor is first received.
Sec. 2. This act shall become effective upon passage and approval.
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κ1957 Statutes of Nevada, Page 13κ
Assembly Bill No. 103Committee on Judiciary
CHAPTER 14
AN ACT to amend NRS section 7.030 relating to the oath and admission fees for attorneys.
[Approved February 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 7.030 is hereby amended to read as follows:
7.030 Every person, before receiving a license to practice law, shall:
1. Take, before some officer authorized by the laws of this state to administer oaths, the oath prescribed by law.
2. Pay to the clerk of the supreme court the sum of $25. The clerk of the supreme court shall remit the fees to the state treasurer as provided by subsection 7 of NRS 2.250. The moneys so received by the state treasurer shall be placed in the [state library fund.] general fund.
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Assembly Bill No. 27Committee on State Libraries
CHAPTER 15
AN ACT to amend NRS section 378.020 relating to the qualifications of the state librarian.
[Approved February 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 378.020 is hereby amended to read as follows:
378.020 The state librarian shall:
1. Be a graduate of a library school accredited by the American Library Association; [or] and
2. Have at least 2 years of library experience in an administrative capacity.
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Assembly Bill No. 19Committee on State Institutions
CHAPTER 16
AN ACT to repeal NRS section 85.080 relating to reports to the county commissioners and to the legislature by hospitals and charitable asylums.
[Approved February 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 85.080 is hereby repealed.
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κ1957 Statutes of Nevada, Page 14κ
Assembly Bill No. 2Mr. Byrne
CHAPTER 17
AN ACT to amend chapter 600 of NRS relating to trade-marks, trade names and advertisements by creating new provisions relating to laundry supply designations; providing penalties; and other matters properly relating thereto.
[Approved February 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 600 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. 1. Registrant means any person who files and publishes a name, mark or device under sections 2 to 12, inclusive.
2. Supplies means towels, sheets, napkins, pillowcases, linens or other kindred articles bearing a name, mark or device filed and published under sections 2 to12, inclusive.
Sec. 3. Any person engaged in the business of supplying clean laundered garments, towels, table linen or other articles which are the property of the supplier, in a regular service, periodically exchanging clean articles for soiled for a fixed compensation, may adopt and use a name or other mark or device woven, impressed or produced thereon as an indicium of ownership, and may register the name, mark or device by filing and publishing it under the provisions provided in sections 2 to 12, inclusive.
Sec. 4. In order to register a name, mark or device under sections 2 to 12, inclusive, the supplier shall do all of the following:
1. File in the office of the secretary of state and also in the office of the county clerk of the county in which the principal place of business of the supplier is located, or if such place of business is located outside of the state then in the office of the county clerk of any county of the state, a description of the names, marks or devices so used.
2. Cause the description of the name, mark or device to be printed once a week for 3 successive weeks in a newspaper published in the county in which the description has been filed.
Sec. 5. The registrant shall pay to the secretary of state for filing each laundry supply designation described and for issuing a certificate of filing a fee of $5, and to the county clerk a fee of $1 for each such designation described and filed.
Sec. 6. It is unlawful for any persons, except the registrant, a person who has the written consent of the registrant, or a person who has purchased the supplies from the registrant, to do any of the following prohibited acts:
1. Selling, buying, renting, giving, taking or otherwise trafficking in any supplies bearing a name, mark or device registered under sections 2 to 12, inclusive.
2. Obliterating or otherwise covering up, concealing or removing a name, mark or device registered under sections 2 to 12, inclusive.
3. Using a tablecloth or napkin in a place where food is served to the public for any purpose other than that for which it was intended.
κ1957 Statutes of Nevada, Page 15 (CHAPTER 17, AB 2)κ
The words for which it was intended shall mean that a tablecloth or napkin shall be used for the exclusive use of the customer of such place.
4. Laundering, washing, cleaning, renovating, or causing such laundering, washing, cleaning or renovating, any towels, sheets, napkins, pillowcases, linens, or other supplies or kindred articles bearing a name, mark or device registered under sections 2 to 12, inclusive.
Sec. 7. The acceptance by the registrant of any sum of money as a deposit to secure the safekeeping and return of the supplies does not constitute a sale of the supplies, either optional or otherwise, in any proceeding under sections 2 to 12, inclusive.
Sec. 8. The use by any person other than the registrant of any supplies without the written consent provided in sections 2 to 12, inclusive, or the possession of supplies so marked by any junk dealer or dealer of secondhand articles is presumptive evidence of unlawful use of or traffic in such supplies.
Sec. 9. Every person who finds or receives in the regular course of business or in any other manner any supplies shall make diligent effort to find the owner and restore or return the supplies.
Sec. 10. Whenever the registrant or any member of any corporation or association which is the registrant takes an oath before any magistrate that he has reason to believe and does believe that any supplies are being unlawfully used, sold or secreted in any place, the magistrate shall issue a search warrant to discover and obtain the supplies and may also bring before him the person in whose possession the supplies are found.
Sec. 11. If the magistrate finds that any person brought before him has been guilty of a violation of any provision of sections 2 to 10, inclusive, he shall impose the punishment prescribed in section 12 and also award the possession of the property taken upon the search warrant to the owner.
Sec. 12. Any person who violates any provision of sections 3 to 11, inclusive, is guilty of a misdemeanor.
________
Senate Bill No. 54Senator Whitacre
CHAPTER 18
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Lyon County, Nevada; regulating the employment and compensation of deputies and other employees of county officers; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto, approved February 7, 1955.
[Approved February 25, 1957]
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 4, Statutes of Nevada 1955, at page 4, is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 16 (CHAPTER 18, SB 54)κ
Section 2. District Attorney.
1. The district attorney of Lyon County, Nevada, shall receive an annual salary of [$4,800] $6,000 for all his services as such officer.
2. The district attorney is hereby authorized and empowered:
(a) To employ one person to act as his secretary, who shall receive as salary an amount set by the board of county commissioners.
(b) To employ a deputy, who shall receive as salary an amount set by the board of county commissioners, provided the board of county commissioners shall deem the employment of such a deputy necessary.
3. The district attorney shall be allowed only his actual expenses while attending to official business of the county or state, but no claim for expenses, any part of which pertains to any private matter or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Lyon County or any governmental agency.
Sec. 2. Section 3 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, at page 4, is hereby amended to read as follows:
Section 3. Sheriff.
1. The sheriff of Lyon County, Nevada, shall receive an annual salary of [$4,800.] $6,000. He shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature.
2. When it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
3. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed.
4. The sheriff of Lyon County, Nevada, may, subject to the approval of the board of county commissioners, employ one undersheriff who shall receive an annual salary not to exceed [$3,840,] $4,800, and such other deputies as the board of county commissioners shall deem necessary, each of whom shall receive an annual salary not to exceed [$3,840.] $4,800.
Sec. 3. Section 4 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, at page 4, is hereby amended to read as follows:
Section 4. Assessor.
1. The assessor of Lyon County, Nevada, shall receive an annual salary of [$4,800.] $6,000.
2. When it becomes necessary in the discharge of his official duties for the assessor to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties, and he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
κ1957 Statutes of Nevada, Page 17 (CHAPTER 18, SB 54)κ
official duties, and he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
3. The assessor of Lyon County, Nevada, may appoint a deputy who shall receive an annual salary not to exceed [$3,840.] $4,800.
Sec. 4. Section 5 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, at page 4, is hereby amended to read as follows:
Section 5. County Clerk and Ex Officio Treasurer.
1. The county clerk and ex officio treasurer of Lyon County, Nevada, and ex officio clerk of the district court of the First Judicial District of the State of Nevada, in and for the County of Lyon, shall receive an annual salary of [$4,800.] $6,000.
2. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
3. The county clerk and ex officio treasurer may appoint one deputy who shall receive compensation in an amount not to exceed [$3,840] $4,800 a year.
Sec. 5. Section 6 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, at page 5, is hereby amended to read as follows:
Section 6. County Recorder and Ex Officio Auditor.
1. The county recorder and ex officio auditor of Lyon County, Nevada, shall receive an annual salary of [$4,800] $6,000 for all his services as such officer.
2. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
3. The county recorder and ex officio auditor may appoint one deputy who shall receive compensation in an amount not to exceed [$3,840] $4,800 a year.
Sec. 6. Section 7 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, at page 5, is hereby amended to read as follows:
Section 7. County Commissioners. The county commissioners of Lyon County, Nevada, shall each receive:
1. An annual salary of [$1,800] $2,250 which shall be in full compensation for all services whatsoever required of such commissioners.
2. Not to exceed 10 cents per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; but no such allowance shall be made to any commissioner residing at the county seat.
Sec. 7. Section 9 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, at page 5, is hereby amended to read as follows:
Section 9. Appointment, Compensation and Expenses of Other Assistants. The county commissioners of Lyon County, Nevada, are authorized and empowered:
1. To appoint such other assistants to the officers named in this act and for such period of time as may be necessary and to fix their compensation in an amount not to exceed [$10] $12.50 per day for any such assistant.
κ1957 Statutes of Nevada, Page 18 (CHAPTER 18, SB 54)κ
2. To fix the compensation of deputies and other assistants named in this act, but not in excess of the compensation named herein for such deputy or assistant.
3. To fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers and their deputies; but such rate shall not be in excess of 10 cents per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any officer.
Sec. 8. Section 11 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, at page 6, is hereby repealed.
Sec. 9. This act shall become effective on the first day of the first month following its passage and approval.
________
Assembly Bill No. 15Mr. Kean
CHAPTER 19
AN ACT to amend NRS sections 629.070 and 629.080 relating to examinations and the waiver of examinations under the Basic Sciences Act of 1951.
[Approved February 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 629.070 is hereby amended to read as follows:
629.070 1. The board shall conduct examinations on the 1st Tuesday after the 1st Monday in [January, April, July and October] March, June, September and December of each year, at such time and place as shall be most convenient to the board.
2. Every applicant shall be examined to determine his knowledge, ability and skill in the basic sciences. The examinations shall be conducted in writing, but may be supplemented by oral examinations, and if practicable shall be supplemented by examinations in the laboratory or dissecting room.
3. If the applicant receives a credit of 75 percent or more in each of the basic sciences, he shall be considered as having passed the examination. If the applicant receives less than 75 percent in one subject and receives 75 percent or more in each of the remaining subjects, he shall be allowed a reexamination at the examination next ensuing, on application and the payment of the prescribed fee, and he shall be required to be reexamined only in the subject in which he received a rating of less than 75 percent. If the applicant receives less than 75 percent in more than one subject, he shall not be reexamined unless he presents proof at least 6 months later, satisfactory to the board, of additional study in the basic sciences sufficient to justify reexamination, and he shall be reexamined in all of the subjects.
4. Qualified personnel may be employed to provide an examination to be approved by the board and administered under its supervision.
5. All problems in the conduct of the examinations shall be resolved upon the basis of a unanimous vote of the board except problems relative to the difficulty of particular questions in the examination, which problems shall be resolved by a majority vote of the board.
κ1957 Statutes of Nevada, Page 19 (CHAPTER 19, AB 15)κ
upon the basis of a unanimous vote of the board except problems relative to the difficulty of particular questions in the examination, which problems shall be resolved by a majority vote of the board.
6. The name or proposed branch of the healing art of any applicant taking the examination will not be made known to any member of the board other than the secretary until such time as the applicant has been finally approved or rejected.
Sec. 2. NRS 629.080 is hereby amended to read as follows:
629.080 The board may, in its discretion, waive the examination required by NRS 629.070, when proof satisfactory to the board is submitted, showing:
1. That the applicant has passed an examination in the basic sciences in another state [; and] , which examination was given by a State Basic Science Board of Examiners in that state; and
2. That the requirements of that state are not less than those required by this chapter as a condition precedent to the issuance of a certificate; and
3. That the board of examiners in the basic sciences in that state grants like exemption from examination in the basic sciences to persons holding certificates from the state board of examiners in the basic sciences of Nevada.
________
Senate Bill No. 30Senator Brown
CHAPTER 20
AN ACT to amend an act entitled An Act authorizing the board of county commissioners of Clark County to issue and sell bonds for the purpose of constructing a new courthouse or altering the present courthouse of Clark County; providing for the payment thereof and the interest thereon by levy and collection of tax; and providing that such bonds shall not be issued until approved by a majority of the electors voting thereon at the next election called in Clark County, approved March 22, 1955, as amended.
[Approved February 25, 1957]
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 166, Statutes of Nevada 1955, at page 246, is hereby amended to read as follows:
Sec. 3. The board of county commissioners of Clark County is hereby authorized to negotiate the sale of the bonds or such number of them, from time to time, as the board may deem necessary, at not less than their par value, to the highest responsible bidder, or by private sales, and may reject any or all bids. However, none of the bonds shall be sold after [2] 5 years from the effective date of this act.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 20κ
Senate Bill No. 18Senator Brown
CHAPTER 21
AN ACT to amend NRS section 7.400 relating to the number and terms of the members of the board of governors of the State Bar of Nevada; providing the manner of filling vacancies created by the addition of new members of the board of governors; and other matters properly relating thereto.
[Approved February 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 7.400 is hereby amended to read as follows:
7.400 1. There is hereby constituted a board of governors of the state bar which shall consist of [11] 15 members to be elected as follows: From the counties of Clark and Lincoln, [2] 4 members; from the counties of White Pine and Elko, [1 member;] 2 members; from the counties of Ormsby, Eureka, Lander, Humboldt and Churchill, 2 members; from the counties of Lyon, Douglas, Mineral, Nye, Esmeralda, Pershing and Storey, 1 member; from the county of Washoe, [5] 6 members.
2. The members of the board shall hold office until the next annual meeting and until their successors are elected and qualified.
Sec. 2. The enactment of this amendatory act shall create vacancies in the board of governors of the state bar, which vacancies shall be filled by appointment by the board of governors pursuant to the provisions of NRS 7.420. Persons appointed to fill such vacancies shall hold office until the next annual meeting of the state bar and until their successors are elected and qualified.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 7Committee on State and County Affairs
CHAPTER 22
AN ACT to amend NRS section 379.010 relating to county public libraries and the setting apart of moneys for their establishment and maintenance.
[Approved February 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 379.010 is hereby amended to read as follows:
379.010 1. Each board of county commissioners of the several counties may set apart [the sum of $6,000] a sum of money to be used in the establishment and maintenance of a free public library in the county seat of each county; and each year thereafter the board of county commissioners may set apart an amount of money adequately sufficient to maintain the same. [, but not exceeding the amount originally set apart.]
2. The fund so created shall be known as the public library fund.
[3. In cases where the total assessable property valuation of the county decreases to the extent of 15 percent or more, the appropriation may, in the discretion of the board of county commissioners, be discontinued.]
κ1957 Statutes of Nevada, Page 21 (CHAPTER 22, SB 7)κ
county decreases to the extent of 15 percent or more, the appropriation may, in the discretion of the board of county commissioners, be discontinued.]
________
Assembly Bill No. 1Messrs. Kean and Von Tobel
CHAPTER 23
AN ACT to amend Title 13 of NRS relating to guardianships, conservatorships and trusts by creating a new chapter relating to gifts of money or securities to minors.
[Approved February 25, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 13 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 11, inclusive, of this act.
Sec. 2. This chapter shall be known and may be cited as the Nevada Uniform Gifts to Minors Act.
Sec. 3. In this act, unless the context otherwise requires:
1. An adult is a person who has attained the age of 21 years.
2. A bank is a bank, trust company or national banking association.
3. A broker is a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his own account, through a broker or otherwise, as a part of a regular business.
4. Court means the district court.
5. The custodial property includes:
(a) All securities and money under the supervision of the same custodian for the same minor as a consequence of a gift or gifts made to the minor in a manner prescribed in this act;
(b) The income from the custodial property; and
(c) The proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment or other disposition of such securities, money and income.
6. A custodian is a person so designated in a manner prescribed in this act.
7. A guardian of a minor includes the general guardian, guardian, tutor or curator of his property, estate or person.
8. An issuer is a person who places or authorizes the placing of his name on a security (other than as a transfer agent) to evidence that it represents a share, participation or other interest in his property or in an enterprise or to evidence his duty or undertaking to perform an obligation evidenced by the security, or who becomes responsible for or in place of any such person.
9. A legal representative of a person is his executor or the administrator, general guardian, guardian, committee, conservator, tutor or curator of his property or estate.
κ1957 Statutes of Nevada, Page 22 (CHAPTER 23, AB 1)κ
10. A member of a minors family means any of the minors parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption.
11. A minor is a person who has not attained the age of 21 years.
12. A security includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation in, any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in registered form when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer.
13. A transfer agent is a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities or in the cancellation of surrendered securities.
14. A trust company is a bank authorized to exercise trust power in this state.
Sec. 4. 1. An adult person may, during his lifetime, make a gift of a security or money to a person who is a minor on the date of the gift:
(a) If the subject of the gift is a security in registered form, by registering it in the name of the donor, another adult person or a trust company, followed, in substance, by the words: as custodian for (name of minor) under the Nevada Uniform Gifts to Minors Act;
(b) If the subject of the gift is a security not in registered form, by delivering it to an adult person other than the donor or a trust company, accompanied by a statement of gift in the following form, in substance, signed by the donor and the person designated as custodian:
Gift Under the Nevada Uniform Gifts to Minors Act
I, .. (name of donor) .., hereby deliver to .. (name of custodian) .. as custodian for .. (name of minor) .. under the Nevada Uniform Gifts to Minors Act, the following security (ies): (Insert an appropriate description of the security or securities delivered sufficient to identify it or them).
...........................................
(Signature of donor)
.. (name of custodian) .. hereby acknowledges receipt of the above-described security (ies) as custodian for the above minor under the Nevada Uniform Gifts to Minors Act.
Dated: .................................... .........................................
(Signature of custodian)
(c) If the subject of the gift is money, by paying or delivering it to a broker or a bank for credit to an account in the name of the donor, another adult person or a bank with trust powers, followed, in substance, by the words: as custodian for ..
κ1957 Statutes of Nevada, Page 23 (CHAPTER 23, AB 1)κ
substance, by the words: as custodian for .. (name of minor) .. under the Nevada Uniform Gifts to Minors Act.
2. Any gift made in a manner prescribed in subsection 1 may be made to only one minor and only one person may be the custodian.
3. A donor who makes a gift to a minor in a manner prescribed in subsection 1 shall promptly do all things within his power to put the subject of the gift in the possession and control of the custodian, but neither the donors failure to comply with this subsection, nor his designation of an ineligible person as custodian, nor renunciation by the person designated as custodian affects the consummation of the gift.
Sec. 5. 1. A gift made in a manner prescribed in this act is irrevocable and conveys to the minor indefeasibly vested legal title to the security or money given, but no guardian of the minor has any right, power, duty or authority with respect to the custodial property except as provided in this act.
2. By making a gift in a manner prescribed in this act, the donor incorporates in his gift all the provisions of this act and grants to the custodian, and to any issuer, transfer agent, bank, broker or third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in this act.
Sec. 6. 1. The custodian shall collect, hold, manage, invest and reinvest the custodial property.
2. The custodian shall pay over to the minor for expenditure by him, or expend for the minors benefit, so much of or all the custodial property as the custodian deems advisable for the support, maintenance, education and benefit of the minor in the manner, at the time or times, and to the extent that the custodian in his discretion deems suitable and proper, with or without court order, with or without regard to the duty of himself or of any other person to support the minor or his ability to do so, and with or without regard to any other income or property of the minor which may be applicable or available for any such purpose.
3. The court, on the petition of a parent or guardian of the minor or of the minor, if he has attained the age of 14 years, may order the custodian to pay over to the minor for expenditure by him or to expend so much of or all the custodial property as is necessary for the minors support, maintenance or education.
4. To the extent that the custodial property is not so expended, the custodian shall deliver or pay it over to the minor on his attaining the age of 21 years or, if the minor dies before attaining the age of 21 years, he shall thereupon deliver or pay it over to the estate of the minor.
5. The custodian, notwithstanding statutes restricting investments by fiduciaries, shall invest and reinvest the custodial property as would a prudent man of discretion and intelligence who is seeking a reasonable income and the preservation of his capital, except that he may, in his discretion and without liability to the minor or his estate, retain a security given to the minor in a manner prescribed in this act.
6. The custodian may sell, exchange, convert or otherwise dispose of custodial property in the manner, at the time or times, for the price or prices and upon the terms he deems advisable.
κ1957 Statutes of Nevada, Page 24 (CHAPTER 23, AB 1)κ
or prices and upon the terms he deems advisable. He may vote in person or by general or limited proxy a security which is custodial property. He may consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of an issuer, a security of which is custodial property, and to the sale, lease, pledge or mortgage of any property by or to such an issuer, and to any other action by such an issuer. He may execute and deliver any and all instruments in writing which he deems advisable to carry out any of his powers as custodian.
7. The custodian shall register each security which is custodial property and in registered form in the name of the custodian, followed, in substance, by the words: as custodian for .. (name of minor) .. under the Nevada Uniform Gifts to Minors Act. The custodian shall hold all money which is custodial property in an account with a broker or in a bank in the name of the custodian, followed, in substance, by the words: as custodian for .. (name of minor) .. under the Nevada Uniform Gifts to Minors Act. The custodian shall keep all other custodial property separate and distinct from his own property in a manner to identify it clearly as custodial property.
8. The custodian shall keep records of all transactions with respect to the custodial property and make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor, if he has attained the age of 14 years.
9. A custodian has and holds as powers in trust, with respect to the custodial property, in addition to the rights and powers provided in this act, all the rights and powers which a guardian has with respect to property not held as custodial property.
Sec. 7. 1. A custodian is entitled to remimbursement from the custodial property for his reasonable expenses incurred in the performance of his duties.
2. A custodian may act without compensation for his services.
3. Unless he is a donor, a custodian may receive from the custodial property reasonable compensation for his services determined by one of the following standards in the order stated:
(a) A direction by the donor when the gift is made;
(b) A statute of this state applicable to custodians;
(c) The statute of this state applicable to guardians; or
(d) An order of the court.
4. Except as otherwise provided in this act, a custodian shall not be required to give a bond for the performance of his duties.
5. A custodian not compensated for his services is not liable for losses to the custodial property unless they result from his bad faith, intentional wrongdoing or gross negligence or from his failure to maintain the standard of prudence in investing the custodial property provided in this act.
Sec. 8. No issuer, transfer agent, bank, broker or other person acting on the instructions of or otherwise dealing with any person purporting to act as a donor or in the capacity of a custodian is responsible for determining whether the person designated by the purported donor or purporting to act as a custodian has been duly designated or whether any purchase, sale or transfer to or by or any other act of any person purporting to act in the capacity of custodian is in accordance with or authorized by this act, or is obliged to inquire into the validity or propriety under this act of any instrument or instructions executed or given by a person purporting to act as a donor or in the capacity of a custodian, or is bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him.
κ1957 Statutes of Nevada, Page 25 (CHAPTER 23, AB 1)κ
whether any purchase, sale or transfer to or by or any other act of any person purporting to act in the capacity of custodian is in accordance with or authorized by this act, or is obliged to inquire into the validity or propriety under this act of any instrument or instructions executed or given by a person purporting to act as a donor or in the capacity of a custodian, or is bound to see to the application by any person purporting to act in the capacity of a custodian of any money or other property paid or delivered to him.
Sec. 9. 1. Only an adult member of the minors family, a guardian of the minor or a trust company is eligible to become successor custodian. A successor custodian has all the rights, powers, duties and immunities of a custodian designated in a manner prescribed by this act.
2. A custodian, other than the donor, may resign and designate his successor by:
(a) Executing an instrument of resignation designating the successor custodian; and
(b) Causing each security which is custodial property and in registered form to be registered in the name of the successor custodian followed, in substance, by the words: as custodian for .. (name of minor) .. under the Nevada Uniform Gifts to Minors Act; and
(c) Delivering to the successor custodian the instrument of resignation, each security registered in the name of the successor custodian and all other custodial property, together with any additional instruments required for the transfer thereof.
3. A custodian, whether or not a donor, may petition the court for permission to resign and for the designation of a successor custodian.
4. If the person designated as custodian is not eligible, renounces or dies before the minor attains the age of 21 years, the guardian of the minor shall be successor custodian. If the minor has no guardian, a donor, his legal representative, the legal representative of the custodian, an adult member of the minors family, or the minor, if he has attained the age of 14 years, may petition the court for the designation of a successor custodian.
5. A donor, the legal representative of a donor, an adult member of the minors family, a guardian of the minor or the minor, if he has attained the age of 14 years, may petition the court that, for cause shown in the petition, the custodian be removed and a successor custodian be designated or, in the alternative, that the custodian be required to give bond for the performance of his duties.
6. Upon the filing of a petition as provided in this section, the court shall grant an order, directed to the persons and returnable on such notice as the court may require, to show cause why the relief prayed for in the petition should not be granted and, in due course, grant such relief as the court finds to be in the best interests of the minor.
Sec. 10. 1. The minor, if he has attained the age of 14 years, or the legal representative of the minor, an adult member of the minors family, or a donor or his legal representative may petition the court for an accounting by the custodian or his legal representative.
2. The court, in a proceeding under this act or otherwise, may require or permit the custodian or his legal representative to account and, if the custodian is removed, shall so require and order delivery of all custodial property to the successor custodian and the execution of all instruments required for the transfer thereof.
κ1957 Statutes of Nevada, Page 26 (CHAPTER 23, AB 1)κ
require or permit the custodian or his legal representative to account and, if the custodian is removed, shall so require and order delivery of all custodial property to the successor custodian and the execution of all instruments required for the transfer thereof.
Sec. 11. 1. This act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
2. This act shall not be construed as providing an exclusive method for making gifts to minors.
________
Senate Bill No. 55Senator McGowan
CHAPTER 24
AN ACT to amend an act entitled An Act concerning certain county officers of the county of Pershing, State of Nevada, providing for their compensation, and other matters properly relating thereto, approved March 27, 1953.
[Approved February 26, 1957]
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 is hereby amended to read as follows:
Section 1. The officers of Pershing County, Nevada, and their deputies, clerks or secretaries, shall receive the following salaries and compensation which shall be full compensation for all services rendered:
The county commissioners shall each receive a salary of [$1,500] $1,650 per annum, and mileage; the county clerk, as such and as ex officio county treasurer, shall receive a salary of [$4,500] $5,100 per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed [$3,000] $3,600 per annum; the sheriff of said county shall receive [$4,500] $5,100 per annum, and he shall be allowed to appoint, by and with the approval of the county commissioners, one deputy who shall receive a salary of not to exceed [$3,780] $4,500 per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed [$5] $10 per day, such compensation to be paid by and with the approval only of the board of county commissioners; the assessor shall receive a salary of [$4,500] $5,100 per annum, and by and with the approval of the board of county commissioners he may appoint a deputy whose salary shall be not to exceed [$3,000] $3,600 per annum; the county recorder, as such, and ex [efficio] officio auditor, shall receive a salary of [$4,500] $5,100 per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed [$3,000] $3,600 per annum; the district attorney shall receive [$3,780] $4,400 per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, and compensation for such clerks and stenographers to be fixed and approved by the county commissioners, and not to exceed [$2,220] $2,700 per annum, to be paid in a like manner as other county officers are paid.
κ1957 Statutes of Nevada, Page 27 (CHAPTER 24, SB 55)κ
commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, and compensation for such clerks and stenographers to be fixed and approved by the county commissioners, and not to exceed [$2,220] $2,700 per annum, to be paid in a like manner as other county officers are paid.
The board of county commissioners of Pershing county is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies and additional clerks and assistants as they may from time to time authorize in the offices of the county clerk and treasurer, county recorder and auditor, sheriff, assessor, and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 41Senators Seevers, Brown, Lattin and Whitacre
CHAPTER 25
AN ACT to amend NRS section 218.480 relating to the compilation of the legislative journal indices and the delivery of the journal indices to the superintendent of state printing.
[Approved February 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.480 is hereby amended to read as follows:
218.480 1. Whenever any message, report or other document in pamphlet form is ordered printed by the legislature, 125 copies, supplemental to the number ordered, shall be printed and retained by the superintendent of state printing for binding with the journals of the senate and assembly.
2. At the end of each session of the legislature, 125 copies of the journals shall be printed, indexed and bound in book form in the same style as those of the 1927 session of the legislature. The journal of each house shall be bound separately.
3. At the end of each session of the legislature, 50 copies of the appendices shall be printed and bound in book form in the same style as those of the 1927 session of the legislature.
4. The [secretary of the senate and the chief clerk of the assembly] legislative counsel shall direct the compilation of the journal indices, and shall deliver the completed journal indices to the superintendent of state printing.
5. The bound volumes shall be delivered to the secretary of state and shall constitute the journals of the senate and the assembly.
6. Each member of the legislature of which such journals are the record shall be entitled to one copy of the senate journal and one copy of the assembly journal.
Sec. 2. This act shall become effective immediately upon passage and approval.
________
κ1957 Statutes of Nevada, Page 28κ
Assembly Bill No. 53Mr. Ryan
CHAPTER 26
AN ACT to amend NRS section 616.515 relating to the receipt of accident benefits by an injured employee under the Nevada Industrial Insurance Act.
[Approved February 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.515 is hereby amended to read as follows:
616.515 Every injured employee within the provisions of this chapter shall be entitled to receive, and shall receive promptly, such accident benefits as may reasonably be required at the time of the injury and within 6 months thereafter, which may be further extended by [the commission for an additional period of 1 year] unanimous vote of the commission for additional periods as may be, in the opinion of the commission, required.
________
Assembly Bill No. 58Mr. Ryan
CHAPTER 27
AN ACT to amend chapter 616 of NRS relating to industrial insurance by creating a new provision relating to the authorized use of mechanical facsimile signatures by Nevada industrial insurance commissioners.
[Approved February 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Each commissioner is authorized to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise; provided:
1. That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place; and
2. That the use of the facsimile signature shall be made only under the direction and supervision of the commissioner; and
3. That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the same.
________
κ1957 Statutes of Nevada, Page 29κ
Assembly Bill No. 56Mr. Ryan
CHAPTER 28
AN ACT to amend NRS section 616.675 relating to punishment for the receipt of compensation under the Nevada Industrial Insurance Act by false statements and representations.
[Approved February 26, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.675 is hereby amended to read as follows:
616.675 1. Any person who willfully makes a false statement or representation for the purpose of obtaining any benefit or payment under the provisions of this chapter, either for himself or for any other person, shall be guilty of a gross misdemeanor.
2. If a claimant is convicted of violating the provisions of subsection 1, he shall forfeit all right to compensation under this chapter after conviction for the offense.
________
Assembly Bill No. 145Mr. Berrum
CHAPTER 29
AN ACT to amend an act entitled An Act fixing the salaries and compensation of certain officers of Douglas county, Nevada, providing for the appointment and salaries of deputy sheriffs and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith, approved March 21, 1953, as amended.
[Approved February 27, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 213, as amended by chapter 120, Statutes of Nevada 1955, at page 164, is hereby amended to read as follows:
Section 1. The following-named officers of Douglas County, Nevada, shall receive, in full payment for all services rendered by them, the following salaries:
The sheriff shall receive the sum of [$4,000] $5,400 per annum, and mileage at the rate of 7 1/2 cents per mile when traveling by private conveyance in the performance of his official duties in the county. Said sheriff may, with the consent and approval of the board of county commissioners, appoint one or more deputies, and each deputy shall receive such salary, [not to exceed $300 per month,] not less than $300 or more than $400 per month, based on the length of service, and mileage, as may be fixed by the board of county commissioners. Said salaries shall be in full payment for all services performed by said sheriff and deputies.
κ1957 Statutes of Nevada, Page 30 (CHAPTER 29, AB 145)κ
Sec. 2. Section 2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 214, as amended by chapter 120, Statutes of Nevada 1955, at page 164, is hereby amended to read as follows:
Section 2. The assessor shall receive the sum of [$4,200] $5,400 per annum. Said salary shall be in full payment for all services now required by law to be performed by the assessor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county, at the rate of 7 1/2 cents per mile.
Sec. 3. Section 3 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 214, is hereby amended to read as follows:
Section 3. The county clerk and county treasurer shall receive the sum of [$4,300] $5,400 per annum. Said salary shall be in full payment for all services now required by law to be performed by the county clerk and county treasurer, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 4. Section 4 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 214, as amended by chapter 120, Statutes of Nevada 1955, at page 164, is hereby amended to read as follows:
Section 4. The county recorder and county auditor shall receive the sum of [$4,300] $5,400 per annum. Said salary shall be in full payment for all services now required by law to be performed by the county recorder and county auditor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 5. Section 7 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 214, as amended by chapter 120, Statutes of Nevada 1955, at page 164, is hereby amended to read as follows:
Section 7. The county commissioners of Douglas County shall receive the sum of [$900] $1,800 per annum each, payable quarterly on the last day of March, June, September, and December, and mileage at the rate of fifteen cents (15’) per mile in going to the county seat when attending a session of the board.
Sec. 6. This act shall become effective on the first day of the first month following its passage and approval.
________
κ1957 Statutes of Nevada, Page 31κ
Assembly Bill No. 146Washoe County Delegation
CHAPTER 30
AN ACT authorizing Washoe County, State of Nevada, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, either a county courthouse or jail, or both, and improvements incidental thereto, to equip and furnish the same, and to acquire a suitable site or grounds therefor; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $2,000,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and concerning other matters properly relating thereto.
[Approved March 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Washoe County, State of Nevada, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, either a county courthouse or jail, or both, and improvements incidental thereto, to equip and furnish the same, to acquire a suitable site or grounds therefor, and to issue general obligation bonds therefor in not to exceed the aggregate principal amount of $2,000,000. (Such building, incidental improvements, equipment, furnishings, sites and grounds, are hereinafter sometimes designated as the facilities.)
Sec. 2. The board of county commissioners is hereby authorized and empowered to submit to the qualified electors of the county a question or questions authorizing the issuance of general obligation bonds to defray the cost of such facilities, at a special, primary or general election, held in compliance with NRS 350.010 to 350.200, inclusive, and all laws amendatory thereof, and all other election laws of the state so far as the same can be made applicable and which are not inconsistent herewith. In the event a majority of the white ballots and a majority of the colored ballots on any such questions both are in favor of the issuance of such bonds, the proposal to issue them shall have carried, and the board of county commissioners may thereafter proceed to issue the bonds as herein provided. If a majority of either the white ballots or the colored ballots, or a majority of both, on such question, is against the issuance of the bonds, then such proposal shall have failed and the board shall be without power to issue the bonds as herein provided. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election or elections called for that purpose.
Sec. 3. The bonds shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or upon an amortization plan for the bonds so that substantially equal amounts shall be required annually for the payment of the principal of and interest on the bonds, except for the first or last installment, or both, which may be for greater or lesser amounts, or both, than required by either of the aforesaid limitations, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from such date, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals.
κ1957 Statutes of Nevada, Page 32 (CHAPTER 30, AB 146)κ
amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from such date, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada as may be provided by the board, and the bonds shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. The board of county commissioners may provide for the registration of the bonds for payment as to principal or interest, or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds.
Sec. 4. The board is hereby authorized to sell such bonds at one time, or from time to time, at public or private sale, as the board may determine, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition, reconstruction, improvement, extension or betterment of such facilities and with the authorization, issuance and sale of such bonds.
Sec. 5. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and so far as legally possible, within the limitations of Section 2 of Article X of the Constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing. It shall be the duty of the board and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by Section 2 of Article X of the Constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of such Section 2 of Article X.
κ1957 Statutes of Nevada, Page 33 (CHAPTER 30, AB 146)κ
made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of such Section 2 of Article X. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of such interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 6. The ordinance or ordinances providing for the issuance of such bonds may state the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 7. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 8. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 9. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 10. This act being necessary to secure and preserve the public health, safety, and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 11. If any provision of this act or the application thereof to any person, association, corporation, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
Sec. 12. This act shall become effective upon passage and approval.
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κ1957 Statutes of Nevada, Page 34κ
Assembly Bill No. 57Mr. Ryan
CHAPTER 31
AN ACT to amend NRS section 616.400 relating to details of monthly payroll information to be furnished to the Nevada industrial commission by employers under the Nevada Industrial Insurance Act.
[Approved March 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.400 is hereby amended to read as follows:
616.400 1. Every employer within, and those electing to be governed by, the provisions of this chapter, shall, on or before the 25th day of each month, furnish the commission with a true and accurate payroll showing:
[(a) The aggregate number of shifts worked during the preceding month;
[(b)] (a) The total amount paid to employees for services performed during the month; and
[(c)] (b) A segregation of employment in accordance with the requirements of the commission,
together with the premium due thereon.
2. Any employer by agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than 60 days.
3. Failure on the part of any such employer to comply with the provisions of this section and NRS 616.395 shall operate as a rejection of this chapter, effective at the expiration of the period covered by his estimate.
4. If an audit of the accounts or actual payroll of such employer shows the actual premium earned to have exceeded the estimated advance premium paid, the commission may require the payment of a sum sufficient to cover such deficit, together with such amount as in its judgment would constitute an adequate advance premium for the period covered by the estimate.
5. The commission shall diligently proceed, by use of registered mail or by other suitable means, to notify any employer and his representative or his representative of any failure on his part to comply with the foregoing provisions; but [,] such notice or its omission shall in no way modify or waive the requirements or effective rejection of this chapter as otherwise provided in this chapter.
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κ1957 Statutes of Nevada, Page 35κ
Assembly Bill No. 110Mr. Franklin
CHAPTER 32
AN ACT to amend chapter 258 of NRS relating to constables by creating a new provision relating to appointment, compensation and duties of constables clerks.
[Approved March 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 258 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In any township in this state wherein the population at the last preceding federal decennial census was 25,000 or more, the board of county commissioners may appoint for the constable of any such township a clerk, and provide compensation therefor not to exceed $300 per month, upon the written nomination and recommendation of the duly elected, qualified and acting constable of the township.
2. The constables clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county.
3. The constables clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.
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Assembly Bill No. 97Clark County Delegation
CHAPTER 33
AN ACT to amend an act entitled An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved March 1, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of chapter II of the above-entitled act, as last amended by chapter 105, Statutes of Nevada 1953, at page 102, is hereby amended to read as follows:
Section 2. Officers-Elective. From and after the first day of [March 1953,] July 1957, the elective officers of the city of Las Vegas shall consist of a mayor, four commissioners, a city attorney, and a judge of the municipal court.
Sec. 2. Section 3 of chapter II of the above-entitled act, as last amended by chapter 110, Statutes of Nevada 1955, at page 155, is hereby amended to read as follows:
Section 3. Officers, Election of-[Election,] Elections, When and How Held; Commissioners Classes of Ballot. [After said election, as above provided for, and on the first Tuesday after the first Monday in May 1913 and on the same day every two years thereafter, until the year 1927, there shall be elected at large by the qualified voters of the city of Las Vegas, at a general election to be held for that purpose, a mayor and four commissioners.
κ1957 Statutes of Nevada, Page 36 (CHAPTER 33, AB 97)κ
above provided for, and on the first Tuesday after the first Monday in May 1913 and on the same day every two years thereafter, until the year 1927, there shall be elected at large by the qualified voters of the city of Las Vegas, at a general election to be held for that purpose, a mayor and four commissioners. Said officers, until the year 1927, shall hold office for a period of two years, and until their successors shall have been elected and qualified.
[On the first Tuesday after the first Monday in May 1927, and on the same day every four years, thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, a mayor who shall be elected and hold office for a period of four years and until his successor shall have been elected and qualified. On the first Tuesday after the first Monday in May 1927, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, four commissioners, two of whom shall each be designated by an odd number and two of whom shall each be designated by an even number. The two commissioners designated by the odd numbers and so elected shall be elected and hold office for a period of four years, and until their successors are elected and qualified. The two commissioners designated by the even numbers and so elected shall be elected and hold office for a period of two years, and until their successors are elected and qualified.
[On the first Tuesday after the first Monday in May 1929, and on the same day every two years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, two commissioners, who shall be elected and hold office for a period of four years, and until their successors are elected and qualified.
[On the first Tuesday after the first Monday in May 1945, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city both a judge of the municipal court and a city attorney, who shall be elected and hold office for a period of four years and until their successors are elected and qualified.
[The board of commissioners of said city shall, not later than the first Tuesday in March of each year in which said general city election is to be held, order such general election, and shall determine the places in said city for holding the same, the mayor of said city shall forthwith make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure of the part of the general laws of the state to provide for some feature of said city election, then the board of commissioners of said city shall have the power to provide for such deficiency. The four commissioners to be elected, as provided for in this act, shall be voted for and elected separately and shall be separately designated on the official ballot by numbering the same 1, 2, 3, and 4. Each person desiring to become a candidate for commissioner, as aforesaid, shall designate the number of the class to which he desires to become a candidate, and his name shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each class.
κ1957 Statutes of Nevada, Page 37 (CHAPTER 33, AB 97)κ
name shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each class. Each person desiring to become a candidate for commissioner as aforesaid, shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each class.] On the first Tuesday after the first Monday in May 1957, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for the two commissioners offices, the same being those designated as commissioners 2 and 4 whose terms expire in June 1957, a city attorney, and a judge of the municipal court.
On the first Tuesday after the first Monday in May 1959, and on the same day every four years thereafter, a primary municipal election shall be held at which time there shall be nominated candidates for mayor, two commissioners offices, the same being those designated as commissioners 1 and 3.
A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk, not less than thirty (30) days nor more than forty (40) days before the primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
If, in the primary municipal election, one candidate shall receive more than a majority of votes cast in that election for the office for which he is a candidate, his name alone shall be placed on the ballot for the general municipal election. If, in the primary municipal election, no candidate shall receive a majority of votes cast in that election for which he is a candidate, then the names of the two candidates receiving the highest number of votes shall be placed on the ballot for the general city election.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1957, at which time there shall be elected two commissioners, as hereinbefore provided, one city attorney, and one judge of the municipal court. All candidates, at the general municipal election, shall be voted on by the electors of the city at large.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1957, and on the same day every four years thereafter, at which time there shall be elected two commissioners, the same being designated as commissioners 2 and 4, a city attorney and a judge of the municipal court. All candidates shall be voted upon by the electors of the city at large.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1959, and on the same day every four years thereafter, at which time there shall be elected a mayor and two commissioners, the same being designated as commissioners 1 and 3. All candidates shall be voted upon by the electors of the city at large.
The board of commissioners of said city shall, not later than the first Tuesday in March of each year in which said city elections are to be held, order such elections and shall determine the places in said city for holding the same.
κ1957 Statutes of Nevada, Page 38 (CHAPTER 33, AB 97)κ
Tuesday in March of each year in which said city elections are to be held, order such elections and shall determine the places in said city for holding the same. The mayor of said city shall forthwith make proclamation thereof, and otherwise said elections and the manner of holding the same shall be governed by the laws of the State of Nevada governing primary and general elections, so far as the same may be applicable thereto, and in the event there shall be any failure on the part of the general laws of the state to provide for some feature of said city elections, then the board of commissioners of said city shall have the power to provide for such deficiency. The four commissioners to be elected as provided for in this act shall be voted for and elected separately and shall be designated on the official ballot by numbering the same 1, 2, 3, and 4. Each person desiring to become a candidate for commissioner, as aforesaid, shall designate the number of the class to which he desires to become a candidate and his name shall be placed on the official ballots beneath the number he selected, and each voter shall vote for only one candidate in each class.
The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May 1953 shall hold office until the first regular meeting of the board of commissioners next succeeding that in which canvass of returns is made following the general municipal election to be held in June 1957.
Sec. 3. Section 5 of chapter II of the above-entitled act, as last amended by chapter 132, Statutes of Nevada 1949, at page 223, is hereby amended to read as follows:
Section 5. Officers, Appointive and Ex Officio, Enumeration of-Compensation-Bonds. The county assessor of the county of Clark shall be an ex officio assessor of the city of Las Vegas; and said officer shall be allowed such deputies, assistants, or clerks, as the board of commissioners, in their judgment, may prescribe; such deputies, assistants, or clerks to receive such compensation as may be fixed from time to time by said board. The county assessor of the county of Clark, as ex officio assessor of the city of Las Vegas, shall receive as compensation, fifty dollars ($50) per month. The county assessor of the county of Clark shall be liable on his official bond for the faithful discharge of the duties imposed on him by this act.
From and after the first Monday in June 1949, the appointive officers of the [City] city of Las Vegas shall consist of a city manager, a city treasurer, a [city engineer, a comptroller,] director of public works, a director of finance, a city clerk, a director of parks and recreation, a chief of police, [and] a fire chief, and five civil service trustees. The board of commissioners may from time to time establish by ordinance, resolution or order such additional appointive offices as in their judgment they deem advisable. The compensation of the appointive officers shall be fixed, allowed, and paid by the board of commissioners out of such city funds as the board may designate. Any two or more of such appointive offices may, in the discretion of the city manager, be combined and the duties thereof be discharged by one person. All county officers acting as city officers ex officio, and all other officers of the city, may act in the same manner and with like effect by their regularly appointed deputies.
κ1957 Statutes of Nevada, Page 39 (CHAPTER 33, AB 97)κ
Sec. 4. Section 5 1/2 of chapter II of the above-entitled act, as last amended by chapter 132, Statutes of Nevada 1949, at page 224, is hereby amended to read as follows:
Section 5 1/2. [City Engineer] Director of Public Works-Duties of. The [city engineer] director of public works shall perform all the engineering and surveying required by the city, in the carrying on of any public works and improvements, and prepare all estimates, plans and specifications of any public improvements or sidewalks. All maps, plats, profiles, field notes, estimates, and other memoranda of surveys and other professional work made or done by him or under his direction or control shall be and continue to be the property of the city. He shall keep a book in which he shall record each and every item of expense, cost or indebtedness incurred in the making of any public improvement or laying of sidewalks, so that the actual cost of said work may at any time be ascertained, and the said book shall be open to inspection by any person interested in the said improvement at all reasonable hours. The [city engineers] director of public works office shall be an office of record of all maps, plans, plats, profiles, drawings, dedications, final estimates, specifications and contracts which in [anyway] any way relate to the affairs of the city. The [city engineer] director of public works shall be custodian of and must keep all the drawings and documents above mentioned on file, properly indexed, and his office shall be supplied with necessary books, cases and supplies for recording and filing as herein required. The [city engineer] director of public works shall be provided with a seal by the city for his use, containing the words City of Las Vegas, Nevada, [Engineering Department,] Department of Public Works, and said seal shall be affixed to every certification or approval by him. He shall keep all documents and records filed in his office in good condition and turn the same over to his successor in office. Copies of all documents, maps, files, estimates, plans, profiles, drawings, specifications, dedications, and all other records filed in the office of the [city engineer,] director of public works, when properly authenticated or certified by the [city engineer,] director of public works, shall be admitted as evidence in all courts of law, the same as documents of any other office of record. The [city engineer] director of public works may be required to perform the duties of superintendent of streets, [superintendent of public works] city engineer and building inspector. As street superintendent the [city engineer] director of public works shall see that all laws, ordinances, rules, and regulations concerning the public streets, highways, alleys, and roads within the city are observed, and that the penalties for any breach thereof are rigidly enforced. He shall superintend the sweeping, cleaning, and sprinkling of streets, the cleaning and flushing of sewers, and have general care of the streets, alleys, and highways of the city, and from time to time make such recommendations as to their betterment and improvement as he shall deem proper. It shall be his duty to enforce all rules, regulations and ordinances pertaining to the streets, alleys, highways, roads, and sidewalks in the city, and to receive, investigate, and act on all complaints concerning the same. He shall inspect all street improvements or sidewalk improvement works carried on by the city or individuals, and shall have the power to approve, reject, change, or alter therein or the manner of the construction thereof.
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or individuals, and shall have the power to approve, reject, change, or alter therein or the manner of the construction thereof. He shall report to the board of commissioners from time to time and whenever required, and shall perform such other and further duties as may be required by the board of commissioners or which may be prescribed by ordinance.
Sec. 5. Section 6 of chapter II of the above-entitled act, as last amended by chapter 105, Statutes of Nevada 1953, at page 104, is hereby amended to read as follows:
Section 6. Officers, Elective-Qualifications of. The mayor, each of the four commissioners, the city attorney, and the judge of the municipal court shall not be less than twenty-five (25) years of age, citizens of the United States, and qualified voters of [Clark county] the city of Las Vegas for at least two years immediately preceding the year in which said election is held. No incumbent commissioner shall be eligible for nomination or election to the office of mayor, but nothing herein contained shall be construed so as to prevent any commissioner from first resigning his office of commissioner and then becoming a candidate for the office of mayor. All officers made elective by the popular vote shall within twenty days after the result of the election is ascertained qualify as required by this charter and the constitution and laws of the State of Nevada, and enter upon the duties of their office on the first Monday in [June] July of the year in which said general election is held, and failing to do so within said time, such office shall be and become vacant.
Sec. 6. Section 11 of chapter II of the above-entitled act is hereby amended to read as follows:
Section 11. Commissioners Not to Hold Other Office-Officers Not to Contract with City or Make Bonds to City-Forfeiture of Office. No member of the board of commissioners shall hold any other public office or employment under the county of Clark, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the city of Las Vegas, nor be elected nor appointed to any office created by or the compensation of which was increased or fixed by the board of commissioners while he was a member thereof. Nor shall any member of the board of commissioners of the city of Las Vegas be pecuniarily interested directly or indirectly in any contract let by the city, nor in any matter wherein the rights or liberties of the city of Las Vegas are, or may be, involved; nor shall any member of the board of commissioners of the city of Las Vegas be interested directly or indirectly in any public work or contract let, supervised or controlled, or which shall be paid for wholly or in part by the city, nor shall any such commissioner become the surety of any person or any bond or other obligation of the city of Las Vegas. Any member of the board of commissioners of the city becoming interested directly or indirectly as aforesaid, or by commission, or retainer, or fee, or by gift, or loan given or received at the time of the transaction or before or after the same, in any contract, franchise, work, purchase, or sale, by or with any of the agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in said city, and shall be expelled therefrom by the board of commissioners, or, if they shall fail to remove said member of the board of commissioners, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of any five citizens taken in the district court of Clark County in such proceedings as are appropriate and proper.
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and shall be expelled therefrom by the board of commissioners, or, if they shall fail to remove said member of the board of commissioners, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of any five citizens taken in the district court of Clark County in such proceedings as are appropriate and proper. No member of the board of commissioners shall, during the term for which he is elected, or for one year thereafter, be eligible to hold the position of city manager.
Sec. 7. Section 16 1/2 of chapter II of the above-entitled act, as last amended by chapter 132, Statutes of Nevada 1949, at page 229, is hereby amended to read as follows:
Section 16 1/2. The City Manager-Powers and Duties. The city manager shall be appointed by the board of commissioners, and shall receive such compensation as may be fixed by said board. The city manager shall, before entering upon the duties of his office, furnish a good and sufficient bond, conditioned upon the faithful discharge of the duties of his office, in an amount specified by the board of commissioners, subject to the approval of said board.
The city manager shall be the chief administrative officer and the head of the administrative branch of the city government. He shall be responsible to the board of commissioners for the proper administration of all affairs of the city and to that end, subject to the personnel provisions of this act, he shall have power and shall be required to:
Appoint, and when necessary for the good of the city government, remove all appointive officers and employees of the city except as otherwise provided by this act and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office; provided, however, that both appointment and removal of the appointive officers shall be subject to ratification and approval by the board of commissioners.
Except as otherwise provided by this act or by ordinance, the duties of all appointive officers and employees shall be prescribed by the city manager.
Prepare the budget annually and submit it to the board of commissioners for approval, and be responsible for its administration after adoption.
Prepare and submit to the board of commissioners as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year.
Keep the board of commissioners advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable.
Perform such other duties as may be prescribed by this act or required of him by the board of commissioners, not inconsistent with this act.
The manager shall be chosen on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during his tenure of office he shall reside within the city. [No member of the board of commissioners shall, during the term for which he was elected, or for one year thereafter, be eligible to hold the position of manager.]
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for which he was elected, or for one year thereafter, be eligible to hold the position of manager.] The city manager shall be appointed for an indefinite term, but may be removed at the pleasure of the board of city commissioners. Before removing the city manager from office the board of commissioners shall grant the city manager a hearing, but the action of the board of commissioners shall be final and conclusive, it being the intention of this act to vest all authority, and fix all responsibility for such removal, in the board of commissioners. Whenever the office of city manager shall become vacant, the affairs of the city shall be administered by the board of commissioners until the office has again been filled.
Sec. 8. Section 18 of chapter II of the above-entitled act, as last amended by chapter 152, Statutes of Nevada 1955, at page 207, is hereby amended to read as follows:
Section 18. Claims, Accounts and Demands-Filing Notice of-Warrants, How Issued-Final Statements-Publication of. The city manager shall audit all accounts or claims against the city, but before payment all accounts shall be approved by the board of commissioners, and no money shall be paid for any purpose except upon order executed by the mayor and attested by the city clerk upon order of the board, except as otherwise hereinafter provided, and the commissioners shall cause complete and full records of all such claims and transactions to be kept by the [city comptroller] director of finance in books secured for that purpose, and the board of commissioners shall cause to be posted in three public places in the city of Las Vegas once each month, the amount of bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made. Said board of commissioners shall require a statement to be published, or cause to be posted, as may be designated by them, in January, April, July and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof, and all outstanding bonds and other obligations.
No demand or account, arising out of contract, express or implied, shall be heard, considered, audited, approved, allowed or paid unless a written notice thereof, duly authenticated, and in such form and containing such information relative to such demand or account as the board of commissioners shall prescribe, shall have been first presented to and filed with the [city comptroller] director of finance within six months from the time the last item of such demand or account shall have become due and payable; nor shall any claim, arising in tort, be heard, considered, audited, approved, allowed or paid unless a written notice thereof, duly authenticated, and in such form and containing such information relative to such claim as the board of commissioners shall prescribe, shall have been first presented to and filed with the city clerk within six months from the time the acts from which said claim arose shall have occurred. No notice of demand, account or claim heretofore or hereafter presented and filed shall be deemed valid so as to authorize the consideration, auditing, approval, allowance or payment of such demand, account or claim unless the provisions of any ordinance relative to and in effect at the time of the presentation and filing of such notice shall have been strictly complied with; provided, such ordinance otherwise conforms with the requirements of this section.
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allowance or payment of such demand, account or claim unless the provisions of any ordinance relative to and in effect at the time of the presentation and filing of such notice shall have been strictly complied with; provided, such ordinance otherwise conforms with the requirements of this section. Provided, that the board of commissioners shall have the authority to approve in advance the payment of salaries and wages to employees of the city for the next succeeding pay period in an amount certified by the [comptroller] director of finance to be the estimated sums required for such payments based on the current payroll status of persons employed by the city. Warrants for such payroll disbursements shall be drawn by the [comptroller,] director of finance, and certified by the city treasurer.
Sec. 9. Section 30 of chapter II of the above-entitled act, as last amended by chapter 132, Statutes of Nevada 1949, at page 234, is hereby amended to read as follows:
Section 30. Ordinances-Procedure for Adoption. All proposed ordinances shall first be read by title to the board of commissioners, at a regular meeting, or special meeting called for that purpose, and then referred to a committee for consideration. The committee shall report said ordinances back to the board of commissioners at the next regular meeting, or at a special meeting called for that purpose, when said ordinances shall be read in full as first introduced, or if amended by the committee, as so amended, and shall be adopted or disapproved as so finally read. All ordinances, when adopted, shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the commissioners voting for or against such adoption, once a week for two successive weeks immediately following such adoption, in a newspaper published in said city, and shall become effective immediately following the second publication thereof; provided, that in cases of emergency, all proposed ordinances shall be read in full when first introduced at a regular meeting, or special meeting called for that purpose and shall be adopted or disapproved as so read, or if amended, adopted as amended, and such ordinances shall be designated as emergency ordinances. All emergency ordinances shall be signed by the mayor and attested by the city clerk, and be published in full, together with the names of the commissioners voting for or against their adoption, once a week for two successive weeks immediately following said adoption, in a newspaper published in said city, and shall become effective immediately following the second publication thereof.
The board may at any time make an order for the revision or codification of the ordinances of said city. Such revision or codification may, upon its adoption, include amendments, changes, and additions to existing ordinances, and new matters unrelated thereto. The proposed revision or codification of ordinances shall first be adopted by the board after the same has been read in full at a regular meeting or at a special meeting called for that purpose, and shall be signed by the mayor and attested by the city clerk. When such a revision or codification of ordinances shall be so adopted, signed, and attested, and at least fifty copies thereof shall have been printed or typewritten in book or pamphlet form and not less than three copies thereof are filed in the office of the clerk of said city, and a notice referring to such revision or codification, adoption, and filing shall have been published once a week for two successive weeks in a newspaper published in said city, the ordinances as contained in such revision, or codification shall become effective immediately after the second publication of such notice.
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filed in the office of the clerk of said city, and a notice referring to such revision or codification, adoption, and filing shall have been published once a week for two successive weeks in a newspaper published in said city, the ordinances as contained in such revision, or codification shall become effective immediately after the second publication of such notice. It shall not be necessary to publish such revision or codification, or the ordinance adopting the same, as required in this section with respect to ordinances generally.
The city clerk shall record all ordinances except the revision or code of ordinances, in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book or certified copy of the ordinance therein recorded in the name of the city, and the book or pamphlet containing the revision or codification of ordinances or certified copy of all or any part thereof in the name of the city, shall be prima-facie evidence in all courts and places without further proof.
An ordinance adopting any specialized or uniform building or plumbing or electrical code, or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city of Las Vegas, and with such other changes as may be desirable, by reference thereto. Such ordinance or the code adopted thereby need not be read or published as required in the above portion of this same section, if three (3) copies of such code, either typewritten or printed with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least one week prior to the adoption of the ordinance adopting said code. Notice of such filing shall be given daily in a newspaper in the city of Las Vegas at least one week prior to the adoption of the ordinance adopting said code.
Sec. 10. Section 31 of chapter II of the above-entitled act, as last amended by chapter 152, Statutes of Nevada 1955, at page 210, is hereby amended to read as follows:
Section 31. The board of commissioners shall have the power:
1. To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution or statutes of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum not to exceed five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment, and in addition thereto the punishment may include any other penalty provided by statute for the same or similar offense against the statutes of the State of Nevada.
2. To control the finances and property of the corporation.
3. To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.
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4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. Subject to the general laws of the state relating to the issuance of bonds by municipalities, to borrow money on the credit of the city for the corporate purposes hereinafter designated, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them preferred liens against the real or other property of the city; provided, that except as otherwise provided in this act, said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll, nor shall said city have issued or outstanding at any time warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, issuing bonds, or loaning its credit for establishing, constructing, purchasing, otherwise acquiring, improving, extending and bettering supplies of water, the municipal water works, and other water facilities.
Said board shall have the power, in addition to the powers elsewhere conferred upon said board, either individually or jointly with other municipalities, to establish, construct, purchase, otherwise acquire, improve, extend, and better a sanitary sewer system, storm sewer system, or joint sanitary and storm sewer system, sanitary sewers, waste mains, storm drains, storm sewers, sewer disposal plants, a supply of water, a municipal water works, other water facilities, electric light and power plants, transmission lines, and other electric facilities, or other public utilities, streets, alleys, and other public highways, highway viaducts, overpasses, subways, underpasses, public parks, playgrounds, swimming pools, auditoriums, convention halls, amusement halls, golf courses, recreation centers, other recreational facilities, a city hall, fire extinguishing equipment, and buildings therefor, buildings for other municipal facilities and activities, to acquire a suitable site or grounds for any of said facilities, to equip and furnish the same, and to issue bonds therefor, at one time, or from time to time, which bonds shall be of convenient denominations, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or substantially equal amounts of principal and interest, commencing not later than 3 years from the date of the bonds and ending not later than 25 years from said date, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk.
Before issuing said bonds, the said board shall publish a notice at least once a week, on the same date of the week, for at least three consecutive weeks in some newspaper published within said city, calling for the submission of a question authorizing the issuance of such bonds to the regularly qualified electors of the city at a general or special election.
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consecutive weeks in some newspaper published within said city, calling for the submission of a question authorizing the issuance of such bonds to the regularly qualified electors of the city at a general or special election. Such notice shall state the amount of the proposed bond issue, that said bonds shall bear a rate of interest not to exceed 7 percent per annum, the time and the manner of their payment, and that they are for a purpose therein designated. The board shall cause a sufficient number of ballots to be printed which shall bear substantially the following words: ..bonds-Yes and ..bonds-No, printed thereon in parallel lines one above the other. The voter will stamp a cross or capital X in the square after the word No, if opposed to the bond issue and after the word Yes, if in favor of the issue. The election shall be conducted and the votes canvassed and announced in all several particulars as in other elections.
If the majority of the votes cast are in favor of the issuance of the bonds, the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act.
Said bonds shall be sold at not less than their par value. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient in their judgment to pay the principal of and the interest on said bonds as the same become due. Said taxes shall be assessed and collected the same as other taxes paid to the county treasurer and by him placed in a fund appropriately designated and solely used for the redemption of the principal of and the interest on said bonds, and any prior redemption premium due in connection therewith. All facilities or improvements constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board or it may advertise for plans and specifications and bids for construction as they may see fit.
6. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation of or refunding of the same.
7. To divide the city into districts for the purpose of local taxation or to create districts for the purpose as occasion may require.
8. To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and to regulate the same by ordinance. All such licenses, fees, and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of licenses and the terms and manner of their issuance.
10. To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business, whatsoever, conducted in whole or in part within the city, including, but not limited to, all theaters, theatrical, or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged, circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof; hotels, auto camps, restaurants, chophouses, cafes, eating houses, lunch counters, lodginghouses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city; auctioneers, stockbrokers, and stock exchanges; grocers, merchants of any, every, and all kinds, trades and traders of all kinds, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar store, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dying establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, or purchaser or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
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tables, bowling alleys and exhibitions and amusements; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof; hotels, auto camps, restaurants, chophouses, cafes, eating houses, lunch counters, lodginghouses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed brickyards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city; auctioneers, stockbrokers, and stock exchanges; grocers, merchants of any, every, and all kinds, trades and traders of all kinds, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and stone dealers, saddle or harness makers or shops, cigar store, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, paint or oil stores, bicycle shops, repair shops, cycleries, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance companies, and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dying establishments, all billiard or pool games, or other or any table games played with cue or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, or purchaser or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit and lemonade stands, refreshments or coffee stands, booths and sheds, dry goods stores of every and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
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all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation, or profession.
Within said city to regulate, prescribe the location of, or prohibit, and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, and dance houses.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress, raffles, hawkers, peddlers, except those dealing in their own agricultural products of this state, street fakers, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed or sales stables, cattle or horse corrals, foundries and machine shops, dog fights, prize fights, cockfights, bear, bull or badger baits, sparring and sparring contests.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress taverns, saloons, barrooms, and all establishments dealing in the sale of liquor whether for consumption on or off the premises.
To fix, impose, and collect a license tax on, regulate, prescribe the location of, or prohibit and suppress games, gaming houses, gambling, as allowed by law, in all its various forms.
11. To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, taxis, express wagons, drays, job wagons and other public vehicles, and to regulate their charges, and to require schedule of charges to be posted in or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns and other businesses.
12. To lay out, establish, open, alter, widen, extend, narrow, vacate either on its own motion or as prescribed by the general law of the state, the streets, alleys, avenues, public ways, sidewalks, parks, and public grounds, or improve the same by macadamizing, remacadamizing, concreting, reconcreting, oiling, reoiling, curbing, recurbing, grading, regrading, graveling, regraveling, paving, repaving, draining, parking, reparking, cleaning, repairing, lighting, relighting, surfacing, resurfacing, or in any other way improve the same, and by ordinance, resolution, or order require and provide for such improvements. To install, reinstall, construct, reconstruct, acquire, repair sewers, storm sewers, drains, storm drains, disposal plants and waste mains therefrom, and otherwise improve the same; to require the occupant or owner of improved property to connect his premises to the municipal sewage disposal system if the same be immediately adjacent to such property on a public street or alley and to provide for the punishment of such owner or occupant for failure to make such connection; to fix, impose, and collect a charge and fee to be paid in advance by the occupant or owner of the premises served by or through said sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law, and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless said charge and fee is paid.
κ1957 Statutes of Nevada, Page 49 (CHAPTER 33, AB 97)κ
advance by the occupant or owner of the premises served by or through said sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law, and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless said charge and fee is paid.
13. To plant or direct and regulate the planting of ornamental shade trees, in, along, and upon streets, avenues, sidewalks, parks, and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs, and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sale upon the streets, sidewalks, and in public places, including the power to acquire, install, maintain, operate and regulate parking meters at the curbs of the city streets and upon any other property acquired for the purpose of establishing off-street public parking facilities for vehicles. The parking fees to be charged for the use of the parking facilities regulated by such meters shall be fixed by ordinance. The commissioners shall have the power to acquire property within the city by any lawful means, including eminent domain, for the purpose of establishing off-street public parking facilities for vehicles. The commission may issue revenue bonds for the purpose of acquiring such property and erecting such improvements thereon as may be proper, and the commission may in such bonds pledge the general credit of the city to secure the payment of the principal thereof and interest thereon.
19. To regulate the use of sidewalks and all structures thereunder, thereupon or thereover, and to require the owner or occupant of any property to keep sidewalks in front or along the same, free from snow and other obstructions.
20. To regulate and prevent the throwing or disposing of ashes, offal, dirt, garbage, or any offensive matter, in, and to prevent injury or obstruction to, any street, avenue, alley, park, or public grounds.
21. To provide for the collection, removal, hauling, conveying, transporting or disposal of garbage, rubbish, dirt, ashes, offal, refuse, dead animals, and any offensive matter from public or private property by contract or otherwise; to regulate the collection, removal, hauling, conveying, transporting, disposal, or burning of the same, and to prohibit such collection, removal, hauling, conveying, transporting, disposal, or burning by any person or persons other than the city or its duly authorized contractor and his or its agents, servants, and employees; to fix, impose, and collect a charge and fee to be paid by the occupants or owners [or] of premises from which such collection, removal, hauling, conveying, transporting, and disposal is made.
κ1957 Statutes of Nevada, Page 50 (CHAPTER 33, AB 97)κ
the occupants or owners [or] of premises from which such collection, removal, hauling, conveying, transporting, and disposal is made. Provided, however, that the city shall not maintain any dump for the open-air disposal or burning of rubbish or refuse within three miles of the city limits.
22. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds, for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisements.
23. To regulate or prevent the flying of flags banners, or signs across the street, or from buildings.
24. To regulate or prohibit the exhibition, distribution, or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
25. To regulate the speed of horses and other animals, bicycles, automobiles, and other conveyances, and vehicles, and cars and locomotives within the city limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horse racing, immoderate driving or riding in the streets, alleys, avenues, and public places.
26. To compel persons to fasten animals attached to vehicles standing or remaining on the streets, alleys, avenues and public places.
27. To regulate or prohibit any public demonstrations and processions.
28. To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets, or on the sidewalks, or to frighten teams or horses.
29. To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements, or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
30. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
31. To permit, regulate, or prohibit the location, construction, or laying of the tracks of any railroad or tramway in any street, alleys, avenue, or public place, and to grant franchises to persons or corporations to lay, maintain, and operate in, upon, along, through, or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks and connecting and terminal tracks.
32. To require every railroad and street railway company to keep the streets in repair between the tracks and along and within two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.
33. To declare a nuisance and take up and remove, or to cause to be taken up and removed, the tracks of any railway which shall have been laid upon, in, along, through, or across any of the streets, alleys, avenues or public places of the city and which shall not have been operated with cars for public use for a period of one year after the laying thereof.
κ1957 Statutes of Nevada, Page 51 (CHAPTER 33, AB 97)κ
avenues or public places of the city and which shall not have been operated with cars for public use for a period of one year after the laying thereof.
34. To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and to keep the same in repair within the limits of the city.
35. To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley or avenue; to compel railroad companies to make and keep open and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage on adjacent property shall not be impaired.
36. To grant an exclusive franchise to any person, firm, association, or corporation to operate and maintain a bus line in the city of Las Vegas, such franchise to be granted only upon terms which shall be advantageous to the city of Las Vegas; and the board of commissioners shall have the right to fix and prescribe the fare to be charged by the person, firm, association, or corporation procuring such franchise, or operating and maintaining such bus line.
37. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
38. To regulate the opening and use thereof for the laying of conduits, gas, or water mains, or pipes, and the building and repairing of sewers, tunnels, and drains.
39. To contract with, authorize or grant to any person, company, or association a franchise to construct, maintain, and operate gas, electric, or other lighting works in the city, and to give such person, company, or association the privilege of furnishing light for the public buildings, streets, sidewalks, and alleys of said city.
40. To provide for the lighting of streets, laying down of gas pipes, and erecting of lampposts; to regulate the use of gas, natural gas, and electric and other lights and electric power, and to regulate the inspection thereof.
41. To construct and maintain waterworks, gasworks, electric light works, street railways, or bathhouses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
42. To construct or authorize the construction of waterworks without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes, and drains used in or necessary for the construction, maintenance and operation of the same, and over the stream or source from which the water is taken, above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
κ1957 Statutes of Nevada, Page 52 (CHAPTER 33, AB 97)κ
43. To regulate and control the water and watercourses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
44. To construct, purchase or lease, and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic, or other public purposes; and to prevent all waste of water flowing from artesian wells, and if necessary to secure said sources of water supply, to purchase or lease the land from or upon which said water has been appropriated or applied. Also, to purchase, acquire, or lease stock in ditch, canal, reservoir, or water companies for the purpose of providing water for such city and the inhabitants thereof.
45. To fix the rate to be paid for the use of water furnished by the city.
46. To purchase, construct, lease, rent, manage, and maintain any system or part of a system of waterworks, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
47. To regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and to prescribe what qualifications shall be had by persons following said trade.
48. To establish markets and market houses and to provide for the regulation and use thereof.
49. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same.
50. To provide for and regulate the inspection of meats, fruits, poultry, fish, butter, cheese, lard, vegetables, flour, meal, milk and all other provisions.
51. To provide for the inspection, measurement or gradation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
52. To provide for the inspection and scaling of weights and measures.
53. To enforce the keeping and use of proper weights and measures by vendors. To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, ice and coal, and the measuring and selling of firewood and all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and appoint the necessary officers therefor.
κ1957 Statutes of Nevada, Page 53 (CHAPTER 33, AB 97)κ
54. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.
55. To provide for and regulate the location, management, and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, livery stables and blacksmith shops in or within one mile of the limits of the corporation.
56. To prohibit any offensive or unwholesome business or establishments in or within one mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer, or other unwholesome or nauseous house or place, to cleanse, abate or remove the same, and to regulate the location thereof.
57. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious, malignant diseases into the city, and to make quarantine laws and regulations and to enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
58. To purchase, hold, and pay for lands within or without the city limits for the burial of the dead, and all necessary grounds for hospitals, and to erect, maintain, and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery ground, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
59. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties of physicians, sextons and others for default therein.
60. To provide for the burial of the indigent dead and to pay the expenses thereof.
61. To authorize the taking and to provide for the safekeeping and education, for such periods of time as may be expedient, of all children who are destitute or without proper parental care.
62. To establish, maintain, and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
63. To define fire limits, and prescribe limits within which no buildings shall be constructed, except if it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
κ1957 Statutes of Nevada, Page 54 (CHAPTER 33, AB 97)κ
64. To prescribe the manner of constructing stone, brick and other buildings and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens, or other appliances therein.
65. To prevent the dangerous construction and condition of chimneys, fireplaces, hearth, stoves, stovepipes, heater, ovens, furnaces, boilers and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.
66. To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
67. To regulate and prohibit the keeping of any lumberyard and the placing or piling or selling of any lumber, timber, wood or other combustible material within the fire limits of the city.
68. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof and other combustible or explosive material, and the use of lights in stables and other places, and the building of bonfires.
69. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
70. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination; regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers, or steam-generating apparatus, or elevators within the corporate limits of the city.
71. To prohibit cruelty to animals.
72. To prevent the running at large in the city of poultry, hogs, sheep, goats, swine, horses, cows, or other animals; to establish and maintain a pound and to authorize the impounding, sale or disposal of any animals found running at large, and to authorize the destruction of all fowls or poultry running at large.
73. To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior, and to punish the interference with any city officer in the discharge of his duty; also, to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
κ1957 Statutes of Nevada, Page 55 (CHAPTER 33, AB 97)κ
74. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
75. To provide for the punishment of all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business.
76. To prevent intoxication, fighting, quarreling, dogfights, cockfights, prizefights, bullfights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the street, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretenses does not exceed in value the sum of fifty dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. 73 of this section.
77. To regulate and prohibit the carrying of concealed weapons.
78. To declare by ordinance that any offense made a misdemeanor by the laws of the State of Nevada shall also be deemed to be a misdemeanor in the city of Las Vegas whenever such offense is committed within the boundaries of said city.
79. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
80. To punish for keeping, maintaining, or becoming an inmate of, visiting or in any way contributing to the support of any place, house, or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.
81. To provide for and regulate the numbering of houses and lots.
82. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries, and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property, and to do all other things in relation thereto which natural persons might do; including the right to contract for the sale or purchase of real and personal property for a period of not to exceed ten (10) years; provided, that the board shall not have the power to mortgage, hypothecate or pledge any property of the city for any purpose.
κ1957 Statutes of Nevada, Page 56 (CHAPTER 33, AB 97)κ
power to mortgage, hypothecate or pledge any property of the city for any purpose.
83. To erect and maintain all needful buildings for the use of the city.
84. Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto, including the right to condemn, appropriate and use real and personal property either alone or jointly with any other incorporated city, the county of Clark, or other municipal corporation beyond the corporate limits for water facilities, including pumping plants, water lines, water distribution system, sewer plants, sewer effluent, sewage disposal lines and appurtenances thereto.
85. To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.
86. To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary in the judgment of the board of commissioners to enforce or maintain any right of the city and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any street or building or any sidewalk or other improvement which benefits the property of the owner thereof. All such suits, actions, and proceedings shall be instituted, commenced, prosecuted and defended, as the case may be, by the city attorney, without additional compensation.
87. To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances in, along, over, under and across the streets, alleys, and public places; provided, that no such appliances shall be placed so as to interfere with the fire alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, alleys or public places.
88. To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits.
89. Whenever ten (10) per centum or more of the qualified voters resident within the corporate limits of the city of Las Vegas, as shown by the number of votes cast for mayor at the last preceding election at which a mayor was elected for such city, shall by petition, in writing, presented to such board, express their wish that any act be done or ordinance be passed, the board of commissioners shall cause a special election to be held as provided by law, unless the submission of such proposition or propositions, at the next general, city, county, or state election, may appear to such board more practicable and economical.
κ1957 Statutes of Nevada, Page 57 (CHAPTER 33, AB 97)κ
state election, may appear to such board more practicable and economical. Such proposition, or propositions, shall be submitted to the people at such general or special election, as the case may be, in a brief and concise manner so as to be readily understood by the ordinary person of common understanding, and if a special election, it shall be conducted in the manner now provided by law for the conduct of special elections; provided, however, the said board may, at its discretion, give effect to such wish by appropriate action in that behalf if within the limits of the powers granted by this act. At the conclusion of any election at which any proposition or propositions were so submitted to the people, said board is hereby authorized, empowered, and directed to give, by such appropriate act as may be necessary, full force and effect to each, all and every choice or wish so expressed at such election if within the limits of powers granted by this act.
90. To require the construction and repair of sidewalks, curbs and gutters by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected [.] , and said lien shall be completed by the filing of a statement of the cost thereof with a description of the property in the office of the County Recorder of Clark County, Nevada.
91. To adopt and enforce by ordinance all such regulations, in case no express provision is in this act made, as the board of commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof.
Sec. 11. Section 41 of chapter II of the above-entitled act, as last amended by chapter 152, Statutes of Nevada 1955, at page 224, is hereby amended to read as follows:
Section 41. Duties of the Clerk. He shall countersign all contracts made in behalf of the city and every such contract or contracts to which the city is a party shall be void unless signed by the city clerk.
The city clerk shall countersign all orders upon the treasurer in pursuance of any order or resolution of the board of city commissioners.
[The city clerk shall be allowed such deputies, assistants, or clerks as the board of city commissioners may prescribe.]
Sec. 12. Section 42 of chapter II of the above-entitled act, as last amended by chapter 50, Statutes of Nevada 1945, at page 72, is hereby amended to read as follows:
Section 42. Duties of [Comptroller.] Director of Finance. There shall be appointed by the city manager, subject to ratification of board of city commissioners, a [comptroller] director of finance who shall draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the board, and keep a full and accurate account thereof in books provided for that purpose; shall make to the board, from time to time, upon the order of the board, reports of the financial condition of the city; and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the board as shall secure the payment of the principal and interest of such bonds; shall keep regular books of accounts in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount of bonds, orders, certificates, or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from different sources of revenue and the amounts which they have disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasury; shall audit all claims and demands against the city before they are allowed by the board; and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts; and said book shall be open to the inspection of all persons interested; and shall perform such other duties as the board may provide by ordinance, or as may be prescribed by the city manager.
κ1957 Statutes of Nevada, Page 58 (CHAPTER 33, AB 97)κ
draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the board, and keep a full and accurate account thereof in books provided for that purpose; shall make to the board, from time to time, upon the order of the board, reports of the financial condition of the city; and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the board as shall secure the payment of the principal and interest of such bonds; shall keep regular books of accounts in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount of bonds, orders, certificates, or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from different sources of revenue and the amounts which they have disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasury; shall audit all claims and demands against the city before they are allowed by the board; and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts; and said book shall be open to the inspection of all persons interested; and shall perform such other duties as the board may provide by ordinance, or as may be prescribed by the city manager.
Sec. 13. Section 43 of chapter II of the above-entitled act, as last amended by chapter 50, Statutes of Nevada 1945, at page 73, is hereby amended to read as follows:
Section 43. Statement of Finances. The [city comptroller] director of finance shall prepare on or before the first Monday in [March] September of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and expenditures for the previous fiscal year, ending [December 31,] June 30, showing:
1. The total receipts of the city, stating particularly the source of each portion of revenue.
2. The amount of cash on hand at the date of the last report.
3. The amount of sinking fund and how invested.
4. The number, date and amount of every bond issued or redeemed, and the amount received or paid therefor.
5. The indebtedness of the city, funded, and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.
6. Each warrant issued, to whom and on what account.
7. The amount of cash in the city treasury and in its several funds. He shall publish on or before the first Monday in [March] September of each year, in some newspaper having a general circulation in the city, a notice that such a detailed statement has been prepared, is on file in his office, and open to public inspection at all times.
Sec. 14. Section 59 of chapter II of the above-entitled act, as last amended by chapter 152, Statutes of Nevada 1955, at page 224, is hereby reenacted to read as follows:
κ1957 Statutes of Nevada, Page 59 (CHAPTER 33, AB 97)κ
Section 59. Any Cost Over One Hundred Percent of the Value of Property Paid by the City. The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed 100 percent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding 100 percent, which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as a part of such assessment.
Sec. 15. This act shall become effective upon passage and approval.
________
Assembly Bill No. 124Miss Herr, Messrs. McMullen and Humphrey
CHAPTER 34
AN ACT to amend chapter 612 of NRS relating to unemployment compensation by creating a new provision relating to the exclusion of services performed by real estate salesmen and real estate brokers from employment under the Unemployment Compensation Law.
[Approved March 4, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Employment shall not include services performed by a licensed real estate salesman or licensed real estate broker who is employed as a salesman or associate broker by another licensed real estate broker, whether such services are performed for such employer or for a third person, if such services are performed for remuneration solely by way of commission.
________
Senate Bill No. 58Committee on Judiciary
CHAPTER 35
AN ACT to amend chapter 202 of NRS relating to crimes against public health and safety by creating a new provision relating to attempted suicide and providing punishment therefor.
[Approved March 4, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Every person who shall willfully attempt to take his life by any means whatsoever shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.
κ1957 Statutes of Nevada, Page 60 (CHAPTER 35, SB 58)κ
means whatsoever shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 26Committee on Judiciary
CHAPTER 36
AN ACT to amend chapter 177 of NRS relating to bills of exceptions and appeals in criminal cases by creating a new provision relating to appeals of moot questions in criminal cases, and providing for payment of attorneys fees.
[Approved March 4, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 177 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In addition to the instances specified in NRS 177.060 the state may appeal questions of law in criminal cases where such questions have become moot by virtue of acquittal of the defendant.
2. The attorney for the defendant, or any other attorney appointed by a court to defend the appeal, shall be compensated for his services and expenses in the manner provided in NRS 7.260.
________
Assembly Bill No. 38Committee on Judiciary
CHAPTER 37
AN ACT to amend chapter 41 of NRS relating to special actions and proceedings by creating new provisions imposing liability upon the owner of a motor vehicle for negligent operation thereof by immediate member of family.
[Approved March 4, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Any liability imposed upon a wife, husband, son, daughter, father, mother, brother, sister or other immediate member of a family arising out of his or her driving and operating a motor vehicle upon a highway with the permission, express or implied, of such owner, is hereby imposed upon the owner of the motor vehicle and such owner shall be jointly and severally liable with his or her wife, husband, son, daughter, father, mother, brother, sister or other immediate member of a family for any damages proximately resulting from such negligence or willful misconduct, and such negligent or willful misconduct shall be imputed to the owner of the motor vehicle for all purposes of civil damages.
κ1957 Statutes of Nevada, Page 61 (CHAPTER 37, AB 38)κ
Sec. 3. In any action against an owner on account of imputed negligence as imposed by section 2 of this act, the operator of the motor vehicle whose negligence is imputed to the owner shall be made a party defendant if service of process can be had upon the operator as provided by law. Upon recovery of judgment, recourse shall first be had against the property of the operator so served.
Sec. 4. If a motor vehicle is sold under a contract of conditional sale whereby the title to the motor vehicle remains in the vendor, the vendor or his assignee shall not be deemed an owner within the provisions of this act, but the vendee or his assignee shall be deemed the owner notwithstanding the terms of such contract, until the vendor or his assignee retake possession of the motor vehicle. A chattel mortgagee of a motor vehicle out of possession shall not be deemed an owner within the provisions of this act.
________
Assembly Bill No. 89Committee on Judiciary
CHAPTER 38
AN ACT to amend NRS section 212.060 relating to causing death in attempt to escape state prison.
[Approved March 4, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 212.060 is hereby amended to read as follows:
212.060 1. Notwithstanding any provision of NRS 200.030 and 213.120, [If] if one or more persons, lawfully imprisoned in the state prison, shall, separately or together, escape, or shall, separately or together, attempt to escape from such prison, and being so engaged, he, they, or either of them, shall cause the death of any human being in making, or attempting to make, such escape, the prisoner or prisoners causing such death shall be deemed guilty of murder in the first degree, and, on conviction thereof, shall suffer death [.] , or, upon the recommendation of the jury, imprisonment in the state prison for life without possibility of parole.
________
Assembly Bill No. 91Messrs. Pozzi, Barnum and Vaughan
CHAPTER 39
AN ACT to amend NRS sections 482.365 and 334.010 relating to the registration of vehicles publicly owned; limiting the cost of state-owned automobiles; providing for the labeling of such automobiles and their use for official purposes only; providing penalties.
[Approved March 4, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.365 is hereby amended to read as follows:
482.365 1. The department shall provide suitable distinguishing plates for vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district or irrigation district in the state, which shall be provided at cost and shall be displayed on such vehicles in the same manner as provided for privately owned vehicles.
κ1957 Statutes of Nevada, Page 62 (CHAPTER 39, AB 91)κ
plates for vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district or irrigation district in the state, which shall be provided at cost and shall be displayed on such vehicles in the same manner as provided for privately owned vehicles.
2. License plates furnished for such automobiles as are maintained for and used by or under the authority and direction of the state board of pardons and parole commissioners, auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison, and one automobile used by the Nevada school of industry shall not bear any distinguishing mark which would serve to identify such automobiles as state-owned vehicles.
3. Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling such vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except such automobiles as are maintained for and used by or under the authority and direction of the state board of pardons and parole commissioners, auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison [.] , and one automobile used by the Nevada school of industry.
Sec. 2. NRS 334.010 is hereby amended to read as follows:
334.010 1. Except as otherwise provided in subsection 2, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed $3,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
2. Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $5,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
3. No automobile shall be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.
4. All such automobiles shall be used for official purposes only.
5. All such automobiles, except automobiles maintained for and used by or under the authority and direction of the state board of pardons and parole commissioners, auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison, and one automobile used by the Nevada school of industry, shall be labeled on both sides thereof by painting the words For Official Use Only thereon in plain lettering and by placing a facsimile of the great seal of the State of Nevada thereon. The facsimile shall not be less than 12 inches in diameter and shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible.
κ1957 Statutes of Nevada, Page 63 (CHAPTER 39, AB 91)κ
inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The public service commission of Nevada shall furnish each state department or officer with stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on each such automobile and shall charge the necessary costs thereof to the department or officer receiving the same.
6. Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of a misdemeanor.
________
Assembly Bill No. 133Committee on Judiciary
CHAPTER 40
AN ACT to amend chapter 41 of NRS relating to actions and proceedings in particular cases concerning persons by creating a new provision relating to the liability of nonprofit corporations, associations or organizations for the negligent or wrongful acts of such nonprofit corporations, associations or organizations, their agents, employees or servants acting in the scope of their agency or employment.
[Approved March 4, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No nonprofit corporation, association or organization shall be immune from liability for the injury or damage caused any person, firm or corporation as a result of the negligent or wrongful act of such nonprofit corporation, association or organization, or its agents, employees or servants acting within the scope of their agency or employment.
________
Assembly Bill No. 45Mr. Humphrey
CHAPTER 41
AN ACT to amend NRS section 682.380 relating to investments by domestic insurance companies in first mortgages on improved unencumbered real property and other securities, and providing for limitations on the amount of such investments.
[Approved March 5, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 682.380 is hereby amended to read as follows:
682.380 1. Any domestic company may invest in entire first mortgages on improved unencumbered real property or the entire issue of bonds secured thereby located within this state and worth at least 50 percent more than the amount loaned thereon, the worth to be substantiated by the appraisal of three landowners, or by a recognized and experienced real estate appraiser, which appraisal the commissioner may accept if he is satisfied that the appraisers are competent and disinterested; provided:
κ1957 Statutes of Nevada, Page 64 (CHAPTER 41, AB 45)κ
experienced real estate appraiser, which appraisal the commissioner may accept if he is satisfied that the appraisers are competent and disinterested; provided:
(a) There is and has been no default in the payment of any part of the principal and there is no default in interest; and
(b) The investment in any one mortgage or any one issue of bonds does not exceed [$10,000] $15,000 or 2 percent of the companys admitted assets, whichever is the greater.
Before making such investment, a certificate of the value of such property, based on such appraisal, shall be executed by the board of directors or by an investment committee of the board of directors making or authorizing such investment on behalf of the company.
2. By improved real property, as used in this section, is meant all farmland which has been reclaimed and is used for the purpose of husbandry, whether for tillage or pasture, and all real property within the limits of an incorporated village, town or city on which permanent buildings suitable for residence or commercial use are situated.
3. Real property for the purposes of this section shall not be deemed to be encumbered within the meaning of this section by reason of the existence of instruments reserving rights-of-way, sewer rights and rights in walls, nor by reason of building restrictions or other restrictive covenants, nor by reason of the fact that it is subject to lease under which rents or profits are reserved to the owner, if the security for such investment is a full and unrestricted first lien upon such real property and there is no condition nor right of reentry or forfeiture under which such investments can be cut off, subordinated or otherwise disturbed.
4. Notwithstanding the restrictions set forth in this section, any domestic company may invest in bonds or notes secured by mortgage or trust deed insured by the Federal Housing Administrator, or in debentures issued by him under the terms of the National Housing Act, and in securities issued by national mortgage associations established by or under the authority of the National Housing Act.
5. No such domestic company shall in any manner, either directly or indirectly, by means of corporations, holding companies, trustees or otherwise, invest in real property securities junior to first mortgages.
6. Such domestic company shall not invest in excess of 50 percent of its admitted assets in the securities described in this section.
________
Assembly Bill No. 23Committee on Judiciary
CHAPTER 42
AN ACT to amend chapter 18 of NRS relating to costs and disbursements in civil actions by creating a new provision relating to bond premiums as court costs.
[Approved March 5, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 18 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any court or officer whose duty it is to pass upon or approve the account or cost bill of any person or corporation required by law to give a bond or undertaking in any action or proceeding in any court, may, whenever such person or corporation has given any duly qualified surety company as surety on such bond or undertaking, allow in the settlement of such account or cost bill the expense of procuring such surety, or such portion thereof as may be deemed reasonable by such court or officer.
κ1957 Statutes of Nevada, Page 65 (CHAPTER 42, AB 23)κ
account or cost bill of any person or corporation required by law to give a bond or undertaking in any action or proceeding in any court, may, whenever such person or corporation has given any duly qualified surety company as surety on such bond or undertaking, allow in the settlement of such account or cost bill the expense of procuring such surety, or such portion thereof as may be deemed reasonable by such court or officer.
2. This section shall not apply to any state, county or municipal officer required by law to give a bond, except as may be otherwise authorized by law.
________
Senate Bill No. 70Senators Seevers, Brown, Whitacre and Lattin
CHAPTER 43
AN ACT to amend NRS section 449.290 relating to the advisory hospital council for hospitals and maternity homes.
[Approved March 5, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 449.290 is hereby amended to read as follows:
449.290 [1. The governor shall appoint an advisory hospital council to advise and consult with the state department in carrying out the administration of NRS 449.250 to 449.430, inclusive.
[2. The council shall consist of the state health officer, who shall serve as chairman ex officio, and six members, and shall include representatives of nongovernment organizations or groups, and of state agencies, concerned with the operation, construction or utilization of hospitals, including representatives of the consumers of hospital services selected from among persons familiar with the need for such services.
[3. Of the members first appointed, three shall be designated by the governor to hold office for 2 years, and three shall be designated by the governor to hold office for 4 years. Members other than the members first appointed shall hold office for a term of 4 years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term.
[4. Council members, while serving on business of the council, shall receive no compensation but shall be entitled to receive travel and subsistence expenses as provided by law while so serving away from their places of residence.
[5. The council shall meet as frequently as the state health officer deems necessary, but not less than once each year. Upon request by three or more members, the state health officer shall call a meeting of the council.] The hospital advisory council, appointed pursuant to NRS 449.100, shall advise and consult with the state department in carrying out the administration of NRS 449.250 to 449.430, inclusive.
________
κ1957 Statutes of Nevada, Page 66κ
Assembly Bill No. 93Messrs. Pozzi, Barnum and Vaughan
CHAPTER 44
AN ACT to repeal chapter 335 of NRS relating to the state board of control; to amend NRS section 239.080 relating to the power of the state board of control over disposition of obsolete records; to amend NRS section 382.060 relating to the acceptance of obsolete property and public records by the Nevada historical society from the state board of control; to amend NRS section 538.220 relating to the approval of the state board of control of the Colorado River commissions actions concerning the installation of generating machinery and equipment; and other matters properly relating thereto.
[Approved March 5, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 335 of NRS is hereby repealed.
Sec. 2. NRS 239.080 is hereby amended to read as follows:
239.080 1. Upon request made by any state board or officer to the state board of [control,] examiners, it shall be lawful for the state board of [control] examiners to order the removal from storage or other place where old and obsolete state papers, books, pamphlets and documents are kept and to order the destruction thereof, if the state board of [control] examiners is satisfied that any such papers, books, pamphlets and documents are no longer of value to the state.
2. The state board of [control] examiners shall keep a record showing when any of the papers, books, pamphlets and documents mentioned in subsection 1 was destroyed, and the kind and nature thereof.
3. If any of the papers, books, pamphlets and documents has a historical value, it may be presented to the Nevada historical society for preservation.
Sec. 3. NRS 382.060 is hereby amended to read as follows:
382.060 The Nevada historical society shall preserve all old and obsolete property and obsolete and noncurrent public records presented to it under the provisions of NRS 239.080 [, 239.090 and 335.060.] and 239.090.
Sec. 4. NRS 538.220 is hereby amended to read as follows:
538.220 1. Notwithstanding anything in NRS 538.040 to 538.260, inclusive, to the contrary, the commission is authorized to request, on behalf of the State of Nevada, in accordance with general regulations promulgated by the Secretary of the Interior of the United States on May 20, 1941, or to be hereafter promulgated by that officer, for generation and sale of power in accordance with the Boulder Canyon Project Adjustment Act, the installation of such generating machinery and equipment as the commission in its discretion may deem necessary or convenient to meet and serve the future power demands and requirements of the State of Nevada, and the commission is authorized and directed to negotiate for and obtain and enter into and execute and cause to be executed such contracts, documents and instruments as are appropriate and requisite to carry such requests into effect. [; but before executing any such request the commission shall secure the written approval of the state board of control.]
2. In the event of the installation of any generating machinery and equipment pursuant to a request therefor by the commission, the faith and credit of the State of Nevada hereby is and shall be irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract heretofore or hereafter entered into with the United States of America.
κ1957 Statutes of Nevada, Page 67 (CHAPTER 44, AB 93)κ
and equipment pursuant to a request therefor by the commission, the faith and credit of the State of Nevada hereby is and shall be irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract heretofore or hereafter entered into with the United States of America.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 111Committee on Judiciary
CHAPTER 45
AN ACT to amend NRS section 52.070 relating to presumptions which may be controverted; to repeal NRS section 135.100 relating to the repeal of subsection 40 of NRS 52.070.
[Approved March 5, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 52.070 is hereby amended to read as follows:
52.070 All other presumptions are satisfactory, if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind:
1. That a person is innocent of crime or wrong.
2. That an unlawful act was done with an unlawful intent.
3. That a person intends the ordinary consequences of his voluntary act.
4. That a person takes ordinary care of his own concerns.
5. That evidence willfully suppressed would be adverse if produced.
6. That higher evidence would be adverse from inferior being produced.
7. That money paid by one to another was due to the latter.
8. That a thing delivered by one to another belonged to the latter.
9. That an obligation delivered up to the debtor has been paid.
10. That former rent or installments have been paid when a receipt for the latter is produced.
11. That things which a person possesses are owned by him.
12. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership.
13. That a person in possession of an order on himself for the payment of money, or the delivery of a thing, has paid the money or delivered the thing accordingly.
14. That a person acting in a public office was regularly appointed to it.
15. That official duty has been regularly performed.
16. That a court or judge, acting as such, whether in this state or any other state or country, was acting in the lawful exercise of his jurisdiction.
17. That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties.
κ1957 Statutes of Nevada, Page 68 (CHAPTER 45, AB 111)κ
18. That all matters within an issue were laid before the jury and passed upon by them; and in like manner, that all matters within a submission to arbitration were laid before the arbitrators and passed upon by them.
19. That private transactions have been fair and regular.
20. That the ordinary course of business has been followed.
21. That a promissory note or bill of exchange was given or endorsed for a sufficient consideration.
22. That an endorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill.
23. That a writing is truly dated.
24. That a letter duly directed and mailed was received in the regular course of the mail.
25. Identity of person from the identity of name.
26. That a person not heard from in 7 years is dead.
27. That acquiescence followed from a belief that a thing acquiesced in was comformable to the right or fact.
28. That the thing happened according to the ordinary course of nature and the ordinary habits of life.
29. That persons acting as copartners have entered into a contract of copartnership.
30. That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage.
31. That a child born in lawful wedlock, there being no divorce from bed and board, is legitimate.
32. That a thing once proved to exist continues as long as usual with things of that nature.
33. That the law has been obeyed.
34. That a document or writing more than 30 years old is genuine when the same has been since generally acted upon as genuine by persons having an interest in the question, and its custody has been satisfactorily explained.
35. That a printed and published book, purporting to be printed or published by public authority, was so printed or published.
36. That a printed and published book, purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published, contains correct reports of such cases.
37. That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest.
38. That the uninterrupted use by the public of land for a burial ground for 5 years, with the consent of the owner and without a reservation of his rights, is presumptive evidence of his intention to dedicate it to the public for that purpose.
39. That there was a good and sufficient consideration for a written contract.
[40. That when two persons perish in the same accident, calamity or disaster, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, survivorship is presumed from the probabilities resulting from the strength, age and sex, according to the following rules:
κ1957 Statutes of Nevada, Page 69 (CHAPTER 45, AB 111)κ
[(a) If both of those who have perished were under the age of 15 years, the older is presumed to have survived.
[(b) If both were above the age of 60 years, the younger is presumed to have survived.
[(c) If one be under 15 years and the other above 60 years, the former is presumed to have survived.
[(d) If both be over 15 years and under 60 years and the sexes be different, the male is presumed to have survived; if the sexes be the same, then the older is presumed to have survived.
[(e) If one be under 15 years, or over 60 years, and the other between those ages, the latter is presumed to have survived.]
Sec. 2. NRS 135.100 is hereby repealed.
________
Assembly Bill No. 117Committee on Judiciary
CHAPTER 46
AN ACT to amend NRS sections 1.230 and 1.240 relating to disqualification and change of judges in district court actions or proceedings.
[Approved March 5, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 1.230 is hereby amended to read as follows:
1.230 1. A judge shall not act as such in an action or proceeding [:] when he entertains actual bias or prejudice for or against one of the parties to the action.
2. A judge shall not act as such in an action or proceeding when implied bias exists in any of the following respects:
(a) When he is a party to or interested in the action or proceeding.
(b) When he is related to either party by consanguinity or affinity within the third degree.
(c) When he has been attorney or counsel for either of the parties in the particular action or proceeding before the court.
(d) When he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.
3. A judge, upon his own motion, may disqualify himself from acting in any matter upon the ground of actual or implied bias.
4. Any party to an action or proceeding, seeking to disqualify a judge for actual or implied bias, shall file a charge in writing, specifying the facts upon which such disqualification is sought. Hearing on such charge shall be had before such other district judge as the parties may by agreement select, or in absence of such agreement before such judge as shall be appointed by the judge sought to be disqualified.
5. A judge shall not act as such if [(e) If] either [part] party to a civil action in the district court shall file an affidavit alleging that the judge before whom the action is to be tried has a bias or prejudice either against him or in favor of an opposite party to the action, the judge shall proceed no further therein but either transfer the action to some other department of the court, if there be more than one department of the court in the district, or request the judge of some other district court of some other district to preside at the hearing and trial of the action.
κ1957 Statutes of Nevada, Page 70 (CHAPTER 46, AB 117)κ
other district court of some other district to preside at the hearing and trial of the action. Every affidavit must be filed before the hearing on any contested matter in the action has commenced, and if no contested matter has been heard in the action prior to the day of the trial thereof, then the affidavit must be filed at least 10 days before the date set for the trial of the action. No affidavit shall be filed unless accompanied by a certificate of the attorney of record for affiant that the affidavit is made in good faith and not for delay, and the party filing the affidavit for change of judge shall at the time of filing same pay to the clerk of the court in which the affidavit is filed $25, which sum shall be by the clerk transmitted to the state treasurer who shall place the same to the credit of the district judges traveling fund.
[2.] 6. No judge or court shall punish for contempt anyone making, filing or presenting [such affidavit or motion founded thereon.] a charge for disqualification pursuant to subsection 4 or an affidavit pursuant to subsection 5.
[3.] 7. This section shall not apply to the arrangement of the calendar or the regulation of the order of business.
[4.] 8. Paragraph (d) of subsection [1] 2 shall not apply to the presentation of ex parte or uncontested matters, except in fixing fees for attorneys related within the degree of consanguinity or affinity therein specified.
Sec. 2. NRS 1.240 is hereby amended to read as follows:
1.240 Not more than one change of judge may be granted in any civil action [, whether the change be granted upon affidavit filed therefor or on the judges own motion,] under the procedure provided by subsection 5 of NRS 1.230, but each party to the action shall have an opportunity to urge his objections to any judge before the action or proceeding is assigned to another judge, and the assignment shall be to the most convenient judge to whom the objections of the parties do not apply or are least applicable.
________
Assembly Bill No. 197Mr. Berrum
CHAPTER 47
AN ACT to amend NRS section 472.040 relating to the powers and duties of the state forester firewarden; to amend NRS section 472.050 relating to cooperative agreements with the Federal Government and others for forest protection and forest management.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 472.040 is hereby amended to read as follows:
472.040 1. The duties of the state forester firewarden or his assistant shall be to:
(a) Supervise or coordinate all forestry and watershed work [,] on state- and privately-owned lands, including fire control, in Nevada, working with federal agencies, private associations, counties, towns, [or] cities [.] or private individuals.
κ1957 Statutes of Nevada, Page 71 (CHAPTER 47, AB 197)κ
(b) Administer all fire control laws and all forestry laws in Nevada outside of townsite boundaries, and to perform such other duties as might be designated by the state board of forestry and fire control or by state law.
(c) Assist and encourage county or local fire protection districts to create legally constituted fire protection districts where they are needed and offer guidance and advice in their operation.
2. The state forester firewarden or his assistant is authorized in carrying out the provisions of this chapter to:
(a) Appoint such paid foresters and firewardens as he may deem necessary to enforce the provisions of the laws of this state respecting forest and watershed management or the protection of forests and other lands from fire, subject to the approval of the board or boards of county commissioners of the county or counties concerned, and when so appointed the foresters and firewardens shall have only the police powers necessary to enforce the provisions of such laws.
(b) Appoint, in such number and localities as he may deem proper, suitable citizen-wardens who shall have all of the police powers of paid firewardens. Such citizen-wardens shall serve voluntarily except that they may receive compensation when an emergency is declared by the state forester firewarden or his duly appointed and authorized assistants.
(c) Appoint, upon the recommendation of the appropriate federal officials, resident officers of the United States Forest Service and the United States Bureau of Land Management as voluntary firewardens. Such voluntary firewardens shall have all of the police powers of paid firewardens, but they shall receive no compensation for their services.
(d) Employ clerical assistance, county and district coordinators, patrolmen, fire fighters, and other employees as needed, and to expend such sums as may be necessarily incurred for this purpose.
(e) Purchase, or acquire by donation, supplies, material, equipment and improvements necessary to fire protection and forest and watershed management.
(f) With the approval of the state board of examiners, purchase or accept the donation of real property to be used for lookout sites and for other administrative purposes. No real property shall be purchased or accepted unless an examination of the title shows such property to be free from encumbrances, with title vested in the grantor. The title to such real property shall be examined and approved by the attorney general.
Sec. 2. NRS 472.050 is hereby amended to read as follows:
472.050 1. The state forester firewarden is authorized and directed to represent the State of Nevada in negotiating and entering into [an agreement] agreements with the Federal Government for the purpose of securing cooperation in forest management and the protection of the forest and watershed areas of Nevada from fire, and to enter into such other agreements with boards of county commisisoners, municipalities, organizations and individuals in the State of Nevada owning lands therein, as are necessary in carrying out the terms of the federal [agreement] agreements or that will otherwise promote and encourage forest management and the protection from fire of forest or other lands having an inflammable cover.
κ1957 Statutes of Nevada, Page 72 (CHAPTER 47, AB 197)κ
2. Any federal funds allotted to the State of Nevada under the terms of the federal [agreement] agreements and such other funds as may be received by the state for the management and protection of forests and watershed areas therein shall be deposited in the state treasury in the forest protection fund hereby created, which fund shall be used for the sole [purpose] purposes of managing and protecting forests and watershed areas in the manner prescribed by the terms and provisions in the cooperative agreements, and all moneys accumulating in the fund are hereby appropriated for [this purpose] these purposes to be paid only on claims approved by the state forester firewarden.
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Assembly Bill No. 70Mr. Ryan
CHAPTER 48
AN ACT to amend NRS section 616.585 relating to compensation for temporary total disability under the Nevada Industrial Insurance Act.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.585 is hereby amended to read as follows:
616.585 Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for temporary total disability:
1. During the period of temporary total disability, but in no event for more than 100 months, [90] 65 percent 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,] during the time for which compensation is paid, an additional 15 percent for each dependent, but no more than 90 percent of the average monthly wage.
2. Any excess of wages over [$200] $250 a month shall not be taken into account in computing such compensation.
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Assembly Bill No. 21Committee on Education
CHAPTER 49
AN ACT to amend NRS sections 385.150, 385.160 and 385.170 relating to the appointment, qualifications and salary of the superintendent of public instruction.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 385.150 is hereby amended to read as follows:
385.150 1. The superintendent of public instruction shall be [elected quadrennially by the qualified electors of the state at the same time and in the same manner as the governor is elected.]
κ1957 Statutes of Nevada, Page 73 (CHAPTER 49, AB 21)κ
[elected quadrennially by the qualified electors of the state at the same time and in the same manner as the governor is elected.] appointed by the state board of education; but any person elected to the office of superintendent of public instruction prior to the effective date of this section shall continue to hold such office until the expiration of the term for which he may have been elected.
[2. He shall hold office for a term of 4 years, beginning on the 1st Monday in January immediately following each such election, and continuing until the 1st Monday in January 4 years later, or until his successor is elected and qualified.] 2. The superintendent of public instruction shall:
(a) Hold office subject to being removed at the pleasure of the state board of education.
(b) Be in the unclassified service as provided by the provisions of chapter 284 of NRS.
Sec. 2. NRS 385.160 is hereby amended to read as follows:
385.160 To be eligible to the office of superintendent of public instruction, a person shall:
[1. Be a qualified elector.
[2. Be a graduate of the University of Nevada or a college of equal standard.
[3. Hold a Nevada teachers certificate of the high school grade.
[4. At the time of his nomination, have had at least 20 semester hours in educational subjects, by actual attendance at some standard college or university, or, in lieu of such semester hours, shall hold a Nevada life diploma of high school and elementary grade.
[5. At the time of his election:
[(a) Have attained the age of 25 years and been a citizen resident of this state for 2 years next preceding the election.
[(b) Have had not less than 45 months of successful teaching experience, at least 20 months of which shall have been in the State of Nevada.] 1. Have attained the age of 21 years at the time of his appointment; and
2. Hold a masters degree in the field of education or school administration.
Sec. 3. NRS 385.170 is hereby amended to read as follows:
385.170 [1. The annual salary of the superintendent of public instruction shall be $6,600. From and after the expiration of the present term of the superintendent of public instruction, his successor and successors in office thereafter shall receive an annual salary of $9,000.
[2. From March 2, 1956, until 12 p. m. of the 1st Monday of January 1959, the superintendent of public instruction as ex officio secretary of the state textbook commission shall receive an annual salary of $2,400, payable from the general fund at the times and in the manner provided by law.] The state board of education shall fix the annual salary of the superintendent of public instruction which salary shall not exceed $12,000; but from the effective date of this section until July 1, 1959, the annual salary of the superintendent of public instruction shall be $9,000.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 74κ
Assembly Bill No. 28Committee on Judiciary
CHAPTER 50
AN ACT to amend NRS section 80.010 relating to filing of articles of incorporation by foreign corporations.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, which shall enter this state for the purpose of doing business therein, shall:
(a) File in the office of the secretary of state of Nevada a certified copy of its articles of incorporation, or of the statute or statutes, or legislative, or executive, or governmental acts, or other instrument or authority by which it was created;
(b) File in the office of the secretary of state of Nevada certified copies of all papers, documents and instruments, amendatory thereof, supplemental thereto, or otherwise related to any of the instruments of creation designated in paragraph (a), which, pursuant to the laws of the place of creation of the corporation are required to be filed or recorded in the place of creation, and which have been filed or recorded therein since the creation of the corporation to the date of submission of the papers, documents and instruments to the office of the secretary of state of Nevada for the purpose of qualifying the corporation in this state; and
(c) Submit with the certified papers, documents and instruments required by paragraphs (a) and (b) a second copy of all thereof, conformed in every respect to the certified papers, documents and instruments, for certification by the secretary of state of Nevada for filing by the corporation in the office of the county clerk of the county where its principal place of business is located in this state.
2. The secretary of state shall not file the articles of incorporation of any foreign corporation whose name is the same as, or deceptively similar to, the name of any corporation formed or incorporated in this state or any other foreign corporation authorized to transact business within this state or a name reserved for the use of any proposed corporation under NRS 78.040 [.] , unless the written acknowledged consent of such other corporation or person for whom such name is reserved to the adoption of such name is filed with the articles.
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κ1957 Statutes of Nevada, Page 75κ
Assembly Bill No. 29Committee on Judiciary
CHAPTER 51
AN ACT to amend NRS section 78.035 relating to content of articles of incorporation of a private corporation, and NRS section 78.315 relating to meetings of directors of private corporations.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.035 is hereby amended to read as follows:
78.035 The certificate or articles of incorporation shall set forth:
1. The name of the corporation, [(which name shall end with the word Incorporated, Limited, Inc., or Ltd., or shall contain one of the following words, used therein as a substantive noun, Association, Company, Co., Corporation, Corp., Club, Society, Syndicate, Synd., Union)] which shall not be the same as, or deceptively similar to, the name of any other corporation formed or incorporated in this state or of any foreign corporation authorized to transact business within this state or a name reserved for the use of any other proposed corporation as provided in NRS 78.040 [.] , unless the written acknowledged consent of such other corporation or person for whom such name is reserved, to the adoption of such name is filed with the articles. A name appearing to be that of an individual and containing a given name or initials shall not be used as a corporate name except with an additional word or words such as Incorporated, Limited, Inc., Ltd,. Company, Co., Corporation, Corp. or other word which identifies it as not being an individual.
2. The name of the county, and of the city or town, and of the place within the county, city or town in which its principal office or place of business is to be located in this state, giving the street and number wherever practicable; and if not so described as to be easily located within the county, city or town. the secretary of state shall refuse to issue his certificate until such location is marked and established.
3. The nature of the business, or objects or purposes proposed to be transacted, promoted or carried on by the corporation. It shall be a sufficient compliance with this subsection to state, either alone or with other purposes, that the corporation may engage in any lawful activity, subject to expressed limitations, if any. Such statement shall make all lawful activities within the objects or purposes of the corporation.
4. The amount of the total authorized capital stock of the corporation, and the number and par value of the shares of which it is to consist; or, if the corporation is to issue shares without par value, the total number of shares that may be issued by the corporation, the number of such shares, if any, which are to have a par value, and the par value of each thereof, and the number of such shares which are to be without par value. If the corporation is to issue more than one class of stock, there shall be set forth therein a description of the different classes thereof and a statement of the relative rights of the holders of stock of such classes; and if the corporation is to issue in series any class of stock which is preferred as to dividends, assets or otherwise, over stock of any other class or classes, there shall be set forth in the certificate or articles of incorporation the limits, if any, of variation between each series of each class, as to amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion price or otherwise; but in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine upon the same as provided by NRS 78.195.
κ1957 Statutes of Nevada, Page 76 (CHAPTER 51, AB 29)κ
different classes thereof and a statement of the relative rights of the holders of stock of such classes; and if the corporation is to issue in series any class of stock which is preferred as to dividends, assets or otherwise, over stock of any other class or classes, there shall be set forth in the certificate or articles of incorporation the limits, if any, of variation between each series of each class, as to amount of preference upon distribution of assets, rate of dividends, premium or redemption, conversion price or otherwise; but in any corporation the certificate or articles of incorporation may vest authority in the board of directors to fix and determine upon the same as provided by NRS 78.195.
5. Whether the members of the governing board shall be styled directors or trustees of the corporation, and the number, names and post office addresses of the first board of directors or trustees, which shall not be less than three; together with any desired provisions relative to the right to change the number of directors as provided by NRS 78.330.
6. Whether or not capital stock, after the amount of the subscription price, or par value, has been paid in shall be subject to assessment to pay the debts of the corporation, and unless provision is made in such original certificate or articles of incorporation for assessment upon paid-up stock, no paid-up stock, and no stock issued as fully paid up, shall ever be assessable, or assessed, and the articles of incorporation shall not be amended in this particular.
7. The name and post office address of each of the incorporators signing the certificate or articles of incorporation.
8. Whether or not the corporation is to have perpetual existence, and, if not, the time when its existence is to cease.
9. The certificate or articles of incorporation may also contain any provisions, not contrary to the laws of this state, which the incorporators may choose to insert for the regulation of the business and for the conduct of the affairs of the corporation, and any provisions creating, defining, limiting and regulating the powers of the corporation, and the rights, powers or duties of the directors or stockholders, or any classes of stockholders, or holders of the bonds or other obligations of the corporation, or providing for governing the distribution or division of the profits of the corporation.
Sec. 2. NRS 78.315 is hereby amended to read as follows:
78.315 1. Unless the certificate or articles of incorporation, or an amendment thereof, or the bylaws, shall provide for a lesser proportion, a majority of the board of directors of the corporation, at a meeting duly assembled, shall be necessary to constitute a quorum for the transaction of business and the act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors or trustees.
2. The bylaws may provide that any action of a majority, although not at a regularly called meeting, and the record thereof, if assented to in writing by all of the other members of the board, shall always be as valid and effective in all respects as if passed by the board in regular meeting.
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κ1957 Statutes of Nevada, Page 77κ
Assembly Bill No. 49Mrs. Isbell and Mr. Kean
CHAPTER 52
AN ACT to amend NRS sections 640.030, 640.090 and 640.150 relating to the composition, appointment, terms and qualifications of the state board of physical therapy examiners; provides for increasing the board of physical therapy examiners from three to five; provides for increasing registration and renewal registration fees.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 640.030 is hereby amended to read as follows:
640.030 1. The state board of physical therapy examiners is hereby created.
2. [The] Until the effective date of this amendatory act, the board shall consist of the three members appointed by the governor [.] pursuant to law. [Any person who is a member in good standing of the American Physical Therapy Association or the American Registry of Physical Therapists shall be eligible for membership on the first board appointed by the governor under the provisions of this chapter. Thereafter, each member appointed shall be a registered physical therapist.] After the effective date of this amendatory act, the board shall consist of five members appointed by the governor. The terms of the three members appointed by the governor prior to the effective date of this amendatory act shall expire on January 1, 1958, January 1, 1959, and January 1, 1960. The two vacancies on the board created by this amendatory act shall be filled by appointment by the governor of two registered physical therapists pursuant to the provisions of NRS 640.040. The term of one of the persons so appointed shall expire on January 1, 1958, and the term of the other person so appointed shall expire on January 1, 1959.
3. [On or before January 1, 1956, the governor shall appoint as members of the first board one person for a term of 1 year, one person for a term of 2 years, and one person for a term of 3 years. The terms of the members of the first board shall commence on January 1, 1956. Thereafter,] Each member appointed shall be a registered physical therapist, and, except as is otherwise provided in subsection 2, all appointments, except appointments to fill unexpired terms, shall be for terms of 3 years each.
4. No member of the board shall serve more than two consecutive terms.
Sec. 2. NRS 640.090 is hereby amended to read as follows:
640.090 Unless entitled to registration under NRS 640.120, 640.130 or 640.140, a person who desires to be registered as a physical therapist shall:
1. Apply to the board, in writing, on a blank furnished by the board.
2. Embody in the application evidence, under oath, satisfactory to the board, of his possessing the qualifications preliminary to examination required by NRS 640.080.
κ1957 Statutes of Nevada, Page 78 (CHAPTER 52, AB 49)κ
3. Pay to the board at the time of filing his application a fee of [$25] $30.
Sec. 3. NRS 640.150 is hereby amended to read as follows:
640.150 1. Every registered physical therapist shall, during January 1957, and during January of every year thereafter, apply to the board for an extension of his registration and pay a fee of [$2.] $5. Registration that is not so extended, in the first instance before April 1, 1957, and thereafter before April 1 every year, shall automatically lapse.
2. The board may, in its discretion, revive and extend a lapsed registration on the payment of all past unpaid extension fees not to exceed $10.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 88Mr. Humphrey
CHAPTER 53
AN ACT to amend NRS section 266.155 relating to the adoption of uniform codes or amendments thereto by city ordinance.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.155 is hereby amended to read as follows:
266.155 An ordinance adopting any specialized or uniform building, plumbing or electrical code or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto [.] , without the necessity of reading the same at length as provided in NRS 266.115. Such code, upon adoption, need not be published as required by NRS 266.115 if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least 1 week prior to the passage of the ordinance adopting the code, or any amendment thereto. Notice of such filing shall be given by one publication in a newspaper in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the passage of the ordinance adopting the code.
________
κ1957 Statutes of Nevada, Page 79κ
Assembly Bill No. 100Messrs. McMullen and Von Tobel
CHAPTER 54
AN ACT to amend NRS sections 616.465 and 616.470 relating to investment and deposit of Nevada industrial commission funds.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.465 is hereby amended to read as follows:
616.465 1. The commission may, pursuant to a resolution of the commission, approved by the [governor, state treasurer and state controller, two of whom shall constitute a majority,] state board of finance, invest any of the surplus or reserve of funds in:
(a) Farm mortgage loans fully insured and guaranteed by the Farmers Home Administration of the United States Department of Agriculture.
(b) Bonds and certificates of the United States.
(c) Bonds of federal agencies where underwritten or payment guaranteed by the United States.
(d) Bonds of this or other states.
(e) Bonds of any county of the State of Nevada or other states.
(f) Bonds of incorporated cities, irrigation and drainage districts and school districts of the State of Nevada.
2. The commission shall make due and diligent inquiry as to the financial standing of the state or states, county or counties, city or cities, school district or school districts, and irrigation or drainage district or districts, whose bonds or securities it proposes to purchase. The commission shall also require the attorney general to give his legal opinion in writing as to the validity of any act or acts of any state or county or city or school district, irrigation or drainage district, under which such bonds are issued.
3. All such bonds or securities shall be placed in the hands of the state treasurer, who shall:
(a) Be the custodian thereof.
(b) Collect the principal and interest thereon when due, and pay the same into the state insurance fund.
(c) Notify the commission of the amounts so paid into the state insurance fund, giving full details of the transaction.
(d) Pay all vouchers drawn on the state insurance fund for the making of such investments, when signed by a commissioner and countersigned by the commission auditor or other bonded employees of the commission, upon delivery of the bonds or securities to him when there is attached to such vouchers a copy of the resolution of the commission authorizing the investment, approved by the [governor, state treasurer and state controller, two of whom shall constitute a majority,] state board of finance, the copy to be certified by the secretary of the commission under seal of the commission.
4. The commission may, at any time upon its resolution, approved by the [governor, state treasurer and state controller, two of whom shall constitute a majority,] state board of finance, sell or otherwise dispose of any of the bonds or securities so purchased.
κ1957 Statutes of Nevada, Page 80 (CHAPTER 54, AB 100)κ
shall constitute a majority,] state board of finance, sell or otherwise dispose of any of the bonds or securities so purchased.
Sec. 2. NRS 616.470 is hereby amended to read as follows:
616.470 1. The state treasurer may, upon written authority of the commission, approved by the [governor, state treasurer and state controller, two of whom shall constitute a majority,] state board of finance, deposit not to exceed 25 percent of the reserve and surplus of the state insurance fund in a bank or banks in the State of Nevada, upon interest at not less than the prevailing and current rate paid in Nevada at savings accounts by banks.
2. Such bank or banks shall deposit with the state treasurer bonds of the United States or other securities in which funds of the state insurance fund are authorized to be invested, as provided in NRS 616.465, in an amount, market value, sufficient to protect and guarantee the depositor against any loss by reason of the failure or suspension of the bank, or loss from any other cause. The amount of the security to be deposited and the fair value of the bonds deposited shall be determined and fixed by the commission and state treasurer, and approved by the [governor, state treasurer and state controller, two of whom shall constitute a majority,] state board of finance, but in no event shall the value of the bonds deposited be less than the sum deposited in the particular bank.
3. Interest earned by such portion of the state insurance fund which may be so deposited in any bank or banks, as herein provided, shall be placed to the credit of the state insurance fund.
________
Assembly Bill No. 102Mr. Revert
CHAPTER 55
AN ACT to amend an act entitled An Act incorporating the city of Gabbs, in Nye County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor; and other matters properly relating thereto, approved March 29, 1955.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of the above-entitled act, being chapter 381, Statutes of Nevada 1955, at page 665, is hereby amended to read as follows:
Section 9. Officers, Appointive and Ex Officio-Enumeration of-Compensation. The county assessor of the county of Nye shall be ex officio assessor of the city of Gabbs; the justice of the peace of Gabbs township, county of Nye, shall be ex officio police judge and preside over the municipal court of the city of Gabbs; the city clerk shall be ex officio license collector of the city of Gabbs; the constable of Gabbs township, county of Nye, shall be ex officio city marshal of the city of Gabbs. The assessor of the county of Nye and ex officio city assessor of the city of Gabbs shall perform the duties of his office under the city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of councilmen, upon the request of the city assessor may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit.
κ1957 Statutes of Nevada, Page 81 (CHAPTER 55, AB 102)κ
of city assessor relative to special assessments as in this act provided, the board of councilmen, upon the request of the city assessor may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit. The assessor of the county of Nye, the justice of the peace and the constable of Gabbs township, county of Nye, shall be liable on their official bonds for the faithful discharge of their duties imposed on them by this act. The board of councilmen may fix, allow and pay a salary or fees to the ex officio judge not in excess of $150 each calendar month and to the ex officio city marshal [, but] not in excess of [$150] $450 each calendar month. The board of councilmen shall appoint a city clerk with a salary to be fixed by the board, which salary shall not be in excess of $250 per calendar month; and fees, not in excess of 8 percent for services as city license collector. The county treasurer of Nye County shall be ex officio city treasurer and for his services may receive a salary which shall not be in excess of $250 each calendar month. The board may also in its discretion appoint or employ a city attorney and a city auditor from time to time and compensate them for such legal advice and services as they may deem necessary. The board of councilmen may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof. The duties and compensation of the appointive officers shall be fixed, allowed and paid by the board of councilmen out of such city funds as the board may designate. Any one or more of such appointive offices may, in the discretion of the board of councilmen, be combined and the duties thereof discharged by one person.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 62Senators Crumley and Johnson
CHAPTER 56
AN ACT to repeal an act entitled An Act approving, ratifying and enacting into law the Columbia Basin Interstate Compact for the division, apportionment and use of the waters of the Columbia River and its tributaries and the determination of rights in connection therewith and incidental thereto; creating the Columbia Interstate Compact Commission; providing for the member of such commission from the State of Nevada; providing for the carrying out of the compact, and other matters relating thereto, approved March 7, 1955.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 67, Statutes of Nevada 1955, entitled An Act approving, ratifying and enacting into law the Columbia Basin Interstate Compact for the division, apportionment and use of the waters of the Columbia River and its tributaries and the determination of rights in connection therewith and incidental thereto; creating the Columbia Interstate Compact Commission; providing for the member of such commission from the State of Nevada; providing for the carrying out of the compact, and other matters relating thereto, approved March 7, 1955, is hereby repealed.
κ1957 Statutes of Nevada, Page 82 (CHAPTER 56, SB 62)κ
the Columbia Interstate Compact Commission; providing for the member of such commission from the State of Nevada; providing for the carrying out of the compact, and other matters relating thereto, approved March 7, 1955, is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 69Mr. Olaeta
CHAPTER 57
AN ACT to amend chapter 644 of NRS relating to cosmetology by creating a new provision relating to permits for demonstrations and exhibitions of hair styling, makeup and hair dyeing techniques.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 644 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board may grant a permit authorizing a person to conduct demonstrations and exhibitions, temporarily and primarily for educational purposes, of hair styling, makeup and hair dyeing techniques for the benefit and instruction of hairdressers, cosmeticians, electrologists, manicurists and permanent wavers licensed under this chapter, junior operators and students enrolled in licensed schools of cosmetology.
2. The permit shall specify the purpose for which it is granted, the period during which the person is permitted to conduct such demonstrations and exhibitions, which period shall not exceed 10 days, and the time and place of exercising the privilege granted by the permit.
3. A person may be granted a permit under this section only if he:
(a) Makes application to the board for the permit.
(b) Furnishes the board with a certificate from a local or state health officer of this state or from a physician licensed under the laws of this state stating he is free from contagious or infectious disease.
(c) Demonstrates to the satisfaction of the board that the permit is sought primarily for educational purposes.
(d) Pays a permit fee of $2.
4. The provisions of this section shall not be construed as applying to demonstrators as defined in NRS 644.020.
5. It is unlawful:
(a) For any person to conduct a demonstration or exhibition without a permit.
(b) For any person who is granted a permit to allow persons other than hairdressers, cosmeticians, electrologists, manicurists and permanent wavers licensed under this chapter, junior operators and students enrolled in licensed schools of cosmetology to attend any demonstration or exhibition made or given by him.
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κ1957 Statutes of Nevada, Page 83κ
Assembly Bill No. 167Messrs. Christensen (Washoe) and Valentine
CHAPTER 58
AN ACT authorizing the superintendent of the Nevada state hospital to sell certain real property belonging to the Nevada state hospital; specifying the purchase price thereof; and other matters properly relating thereto.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state hospital is hereby authorized and empowered to sell and convey any part or all of the following described real property owned by the Nevada state hospital being and lying in Washoe County, Nevada, being a portion of the NE 1/4 of the NE 1/4 of Section 7, T. 19 N., R. 20 E., M.D.B. & M., and being more particularly described by metes and bounds as follows:
Beginning at a point on the north boundary of said Section 7. Said point of beginning further described as bearing S. 89° 35' 54" W., a distance of 1014.04 feet from the NE Corner of said Section 7; thence S. 29° 01' 46" E., along the east line of this parcel, a distance of 356.77 feet to a point on the Southern Pacific Railroad Right-of-Way line; thence from a tangent which bears N. 82° 42' 49" W., curving to the left along said right-of-way line with a radius of 11,524.20 feet, through an angle of 0° 11' 56", an arc distance of 40.00 feet to a point; thence N. 31° 17' 58" W., along the west line of this parcel, a distance of 358.80 feet to a point on the aforesaid north boundary of Section 7; thence N. 89° 35' 54" E., along said section line, a distance of 52.97 feet to the point of beginning, containing an area of 0.316 of an acre, more or less.
Subject to an easement to English Mill Ditch Company for a 48-inch pipe along the length of this parcel; and
Subject to an easement previously conveyed to Nevada State Highway Department for a 30-inch drain across the southern end of this parcel.
Sec. 2. None of the real property herein authorized to be sold and conveyed shall be sold for less than $2,500 per acre, and the superintendent of the Nevada state hospital shall issue his deed to the purchaser or purchasers upon payment in full of the purchase price. The full amount of such purchase price shall be deposited by the superintendent in the state treasury to the credit of the general fund. All sales may be public with or without notice having been given by the superintendent.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 84κ
Assembly Bill No. 196Miss Frazier and Mr. Bailey
CHAPTER 59
AN ACT to amend NRS section 385.290 relating to the qualifications, appointment, powers and duties of the first assistant superintendent of public instruction.
[Approved March 6, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 385.290 is hereby amended to read as follows:
385.290 1. The superintendent of public instruction shall have power to appoint a first assistant superintendent of public instruction, who shall: [have the same qualifications as those required of the superintendent of public instruction.]
(a) Be a graduate of the University of Nevada or a college of equal standard.
(b) Have had at least 20 semester hours in educational subjects by attendance at a standard college or university.
(c) Have had at least 50 months of administrative experience, 30 months of which shall have been in Nevada.
2. The first assistant superintendent of public instruction shall:
(a) Assist in the work of the office of the superintendent of public instruction, and do such work as the state board of education or the superintendent of public instruction may direct under the laws of the state.
(b) Have the power to perform all duties required of the superintendent of public instruction.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 141Nye County Delegation
CHAPTER 60
AN ACT to amend NRS section 218.070 relating to Nye County assembly districts.
[Approved March 8, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.070 is hereby amended to read as follows:
218.070 [1.] Nye County is divided into two assembly districts as follows:
[(a)] 1. All that portion of Nye County comprising the election precincts of Manhattan, Round Mountain, Tonopah No. 1, Tonopah No. 2 and Tonopah No. 3, as presently constituted, shall be known as assembly district No. 1, with one assemblyman to be elected at large. [therein.]
[(b)] 2. All the remaining portion of Nye County shall be known as assembly district No. 2, with one assemblyman to be elected at large. [therein.]
κ1957 Statutes of Nevada, Page 85 (CHAPTER 60, AB 141)κ
[2. Assemblymen shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 85Mr. Humphrey
CHAPTER 61
AN ACT to amend NRS section 361.340 relating to the composition of county boards of equalization.
[Approved March 8, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.340 is hereby amended to read as follows:
361.340 [1. The board of county commissioners of each county shall constitute a county board of equalization.] 1. The board of equalization of each county shall consist of:
(a) The board of county commissioners.
(b) One member of the board of trustees of the county school district to be selected by the board of trustees.
(c) One member of a city council or like officer of an incorporated city in the county. If there be more than one incorporated city within the county, the respective city councils shall jointly act to appoint such member. If there be but one incorporated city within the county, the city council shall appoint such member. If there be no incorporated city within the county, the board of county commissioners shall appoint a taxpayer, residing within an unincorporated city, town or village in the county, who is not a member of the board of county commissioners. The clerk of the board of county commissioners shall be the clerk of the county board of equalization.
2. A [quorum] majority of the [board of county commissioners] members of the county board of equalization shall be sufficient to constitute [the county board of equalization,] a quorum, and a majority of the [members present] board shall determine the action of the board.
3. The county board of equalization of each county shall meet during the month of January of each year, and shall hold such number of meetings during that month as may be necessary to care for the business of equalization presented to it. The business of equalization must be concluded during the month of January.
4. The county assessor shall attend all meetings of the county board of equalization, without additional compensation.
________
κ1957 Statutes of Nevada, Page 86κ
Senate Bill No. 48Senators Settlemeyer, Whitacre, Lattin and Lovelock
CHAPTER 62
AN ACT providing an additional and supplemental appropriation to the California-Nevada interstate compact fund.
[Approved March 11, 1957]
Whereas, The California-Nevada interstate compact fund, a special fund created pursuant to chapter 153, Statutes of Nevada 1955, with an initial appropriation thereto of $30,000 was continued in force by the provisions of NRS 538.330 for the purpose of carrying out the provisions of NRS 538.270 to 538.410, inclusive; and
Whereas, The cost of engineering and legal studies paid from such fund has exceeded original estimates of costs; and
Whereas, Because of payment of such necessary costs the balance remaining in such fund will be insufficient to pay necessary expenses for the fiscal year ending June 30, 1957; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing additional support of the California-Nevada interstate compact commission to carry out the provisions of NRS 538.270 to 538.410, inclusive, there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of $10,000 from the general fund to the California-Nevada interstate compact fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 53Senator Whitacre
CHAPTER 63
AN ACT to amend NRS section 244.285 relating to the construction and repair of county public buildings by boards of county commissioners.
[Approved March 11, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.285 is hereby amended to read as follows:
244.285 The board of county commissioners shall have power and jurisdiction in their respective counties to cause to be erected and furnished a courthouse, a jail and such other public buildings as may be necessary, and to repair, remodel or build additions thereto, and to keep the same in repair; but the contract for building the courthouse, jail and other buildings and additions thereto shall be let out, after at least 30 days previous public notice of the boards readiness to receive proposals therefor, as provided in NRS 244.280, to the lowest bidder, who will give good and sufficient security for the completion of any contract which he may make respecting the same. No bid shall be accepted which the board may deem too high.
________
κ1957 Statutes of Nevada, Page 87κ
Senate Bill No. 59Committee on Judiciary
CHAPTER 64
AN ACT to amend NRS section 98.050 relating to penalties for false statements by vendors under bulk sales law.
[Approved March 11, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 98.050 is hereby amended to read as follows:
98.050 Any vendor of any portion of a stock of merchandise otherwise than in the ordinary course of trade and in the regular and usual prosecution of the sellers business or an entire stock of merchandise in bulk, or any person who is acting for or on behalf of such vendor who shall knowingly or willfully make or deliver, or cause to be made or delivered, a statement as provided for in NRS 98.020, which shall not include the names of all the creditors of such vendor with the correct amount due and to become due to each of them, or which shall contain any false or untrue statement, shall be [deemed] guilty of [perjury,] a misdemeanor, and upon conviction thereof shall be punished by a fine [in any sum not exceeding $2,000,] not exceeding $500, or by imprisonment in the [state prison for not less than 1 year nor more than years,] county jail not exceeding 6 months, or by both fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 82Senator Settelmeyer
CHAPTER 65
AN ACT to provide for the improvement of streets and alleys in the unincorporated town of Gardnerville, Douglas County, Nevada; providing for local improvements, the levy and collection of special assessments, the issuance of improvement bonds by the unincorporated town of Gardnerville; and other matters properly relating thereto.
[Approved March 11, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Such part of the expenses of making any public improvement, such as constructing sanitary, storm, or other sewers, or laying pavement, constructing sidewalks, installing street lights, or in any way improving streets and alleys in the unincorporated town of Gardnerville, Douglas County, Nevada, as the board of county commissioners of Douglas County, acting as the town board for the unincorporated town of Gardnerville, shall determine, may be paid from the general fund or district street fund, from the proper street district, or the cost or a portion thereof, as the board shall determine, may be defrayed by special assessments upon lots and premises abutting upon that part of the street or alley so improved or proposed so to be, or the lands abutting upon such improvement and such other lands as in the opinion of the board may be benefited by the improvement.
κ1957 Statutes of Nevada, Page 88 (CHAPTER 65, SB 82)κ
the lands abutting upon such improvement and such other lands as in the opinion of the board may be benefited by the improvement.
Sec. 2. When expenses for such improvements or repairs shall be assessed, and there shall be lands belonging to the town or public grounds not taxable, abutting on such improvements, such part of the expenses of such improvements as, in the opinion of the board, would by justly apportionable to such public grounds and town property, and to any interior squares or spaces formed by the intersections of streets where the abutting property is taxable, shall be paid from the general fund or from the proper street or district street fund, or partly from each, as the board shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement or improved streets in proportion to their number of feet frontage; or, if the special assessment shall include other lands not abutting upon the improvement, then upon all the land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When assessment is to be made upon the lots and premises in proportion to frontage, if, from the shape or size of any lot, the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the board may assess such lots for such number of feet frontage as in their opinion would be just.
Sec. 3. Municipal buildings for the use of the town, and its officers, engine houses, and the structures of the fire department, and other public purposes, including the necessary land for such purposes, shall be paid for from the proper general fund of the town, except that, in case of lands apportioned for streets and rights-of-way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed. Whenever, in the opinion of the board, the benefits thereof are special rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvements. Such special assessments may be made in the manner hereinafter specified.
Sec. 4. When the board shall determine to make any such public improvements and shall determine to defray the whole or any part of the cost and expenses thereof by special assessment, they shall so declare by ordinance stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, if any, has been or is proposed to be appropriated from the general fund of the town, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, they shall by apt description designate the district including the lands to be assessed; and they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis it shall be sufficient for the ordinance so to state and to define the location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to designate the property, district, or the location so that the various parts to be assessed can be ascertained and described by the county assessor acting as ex officio town assessor.
κ1957 Statutes of Nevada, Page 89 (CHAPTER 65, SB 82)κ
any case to describe minutely in the ordinance each particular lot to be assessed, but simply to designate the property, district, or the location so that the various parts to be assessed can be ascertained and described by the county assessor acting as ex officio town assessor.
Sec. 5. Before ordering any of the public improvements, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the county clerk for public examination; and they shall give notice thereof and of the proposed improvements, or work, of the location of the improvements, and, if assessments are to be according to benefits, of the district to be assessed, or, if assessments are to be by feet frontage, such notice shall state that abutting property is to be assessed according to frontage. Such notice shall be given by publication once a week for 2 consecutive weeks in some newspaper published in the county and of general circulation in the town, by posting notices of the same, in at least one public place in the town, and in addition by posting notices in three public places near the site of the proposed work. The notices shall state the time when and the place where the board will meet in the town to consider any suggestions and objections that may be made by parties in interest to the proposed improvements. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered and the notice shall so specify.
Sec. 6. The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon such lot or premises, shall be paid from the general funds of the town. The board shall provide that the fees and compensation properly charged in the work of making any special assessment shall be included as part of such assessment.
Sec. 7. No contract for doing the work or making the improvement contemplated herein shall be made or awarded, nor shall the board incur any expense or liability in relation thereto, except for plats, diagrams, estimates and notices, until after the notice and hearing provided for herein shall have been given and had. But nothing herein contained shall be construed as preventing the board from advertising, at least once a week for 2 consecutive weeks, for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.
Sec. 8. When a special assessment is to be made pro rata upon the lots or premises, in any special district, according to frontage or benefits, the board shall, by ordinance, direct such special assessment to be made by the assessor, and shall state therein the amount to be assessed, and whether according to frontage or benefits, and describe or designate the lots and premises or the locality constituting the district to be assessed.
κ1957 Statutes of Nevada, Page 90 (CHAPTER 65, SB 82)κ
assessed. In fixing the amount or sum of money that may be required to pay the costs of improvement, the board need not necessarily be governed by the estimates of the costs of such improvement provided for herein, but the board may fix such other sum, within the limits prescribed, as they may deem necessary to cover the cost of such improvement.
Sec. 9. Upon the passage of such ordinance the assessor shall prepare an assessment roll, entering and describing therein all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon the amount to be assessed in the manner directed by the board and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor, he shall, in lieu of the name of the owner, insert the word unknown; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated; but shall, in all respects, be as valid upon and against such lot, parcel of land or premises as though assessed in the name of the owner thereof, and when the assessment roll shall have been confirmed, such assessment shall become a lien on such lot, parcel of land or premises, and be collected as provided by law.
Sec. 10. If the assessment be made upon the basis of frontage, the assessor shall assess each lot or parcel of land with such relative portion of the whole amount to be levied as the length of front of such premises abutting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape or size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the assessor.
If the assessment is directed to be according to benefits, the assessor shall assess upon each lot such relative portion of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.
Sec. 11. When the assessor shall have completed the assessment he shall report the same to the board. Such report shall be signed by him and made in the form of a certificate endorsed on the assessment roll as follows:
|
State of Nevada
County of Douglas |
} |
ss. |
To the Board of County Commissioners of Douglas County, acting as town board of the unincorporated town of Gardnerville: I hereby certify and report that the foregoing is the assessment roll and assessment made by me pursuant to an ordinance of the Board of County Commissioners of Douglas County, acting as town board of the unincorporated town of Gardnerville, adopted (give date), for the purpose of paying that part of the cost which the board decided should be paid and borne by special assessment for .
κ1957 Statutes of Nevada, Page 91 (CHAPTER 65, SB 82)κ
. in such town. That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the direction contained in the ordinance of the board hereinbefore referred to.
.......................................................... Assessor.
Dated , Nevada, . A. D. 19........................ .
Sec. 12. When any expense shall be incurred by the town or in respect to any single lot, parcel of land or premises which, by the provisions of this act, the board is authorized to charge and collect as a special assessment against the same, and not being in that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or services for which such expense was incurred, verified by the officer or person performing the services, or causing the same to be done, with a description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the board. And the provisions of the previous sections hereof, with reference to special assessments, shall not apply to the assessments to cover the expenses incurred, in respect to the class of improvement contemplated in this section.
Sec. 13. The board shall determine what amount or part of every expense shall be charged as a special assessment and the premises upon which the same shall be levied; and as often as the board shall deem it expedient they shall require all of the several lots or premises chargeable therewith respectively to be reported by the county clerk to the assessor for assessment.
Sec. 14. Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of such lots or premises respectively, and when completed he shall report the assessment roll to the board. When any special assessment shall be reported by the assessor to the board, as in this section directed, the same shall be filed in the office of the county clerk and numbered. Before adopting the assessment, the board shall cause notice to be published in a newspaper published in the county and of general circulation in the town, once a week for 2 consecutive weeks, after the filing of the same with the county clerk, and appointing a time when the board and assessor will meet to review the assessments.
Any person objecting to the assessment may file his objection thereto with the county clerk.
The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
(Form of notice)
Notice of Special Assessment
To . (insert the names of persons against whom the assessment appears) and to all persons interested, take notice:
κ1957 Statutes of Nevada, Page 92 (CHAPTER 65, SB 82)κ
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board of county commissioners of Douglas County, Nevada, acting as town board of the unincorporated town of Gardnerville, decided should be paid and borne by special assessment for (describe the improvement) in such town is now on file at my office for public inspection. Notice is hereby given that the board and the county assessor will meet at ................................... in such town on ................................... (insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard.
Date ....................................... ....................................... County Clerk
Sec. 15. At the time appointed for the purpose aforesaid the board and assessor shall meet and then or at some adjourned meeting review the assessments, and shall hear any objection to the assessments which may be made by any person deeming himself aggrieved thereby, and shall decide upon the same; and the board may correct the same as to any assessment or description of the premises appearing therein, and may by resolution or ordinance confirm it as reported or as corrected, or they may refer the assessment back to the assessor for revision, or annul it and direct a new assessment, in which case the assessment shall be made anew. When a special assessment shall be confirmed the clerk of the board shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words:
Special assessment roll for the ................................... (describe fully what the assessment is for) ................................... approved by the board of county commissioners of Douglas County, Nevada, acting as town board of the unincorporated town of Gardnerville, the . day of (month), 19 ... .
Dated...................................... .................................................... , Clerk
of the Board of County Commissioners of Douglas County,
Nevada, acting as town board of the unincorporated town of Gardnerville.
Sec. 16. When any special assessment roll is confirmed by the board it shall be final and conclusive. The bill, when so endorsed by the clerk of the board, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessment and assessment roll.
Sec. 17. All special assessments shall from the date of approval thereof constitute a lien upon the respective lots or parcels of land assessed. Upon the approval of any assessment, the amount thereof may be divided into not more than 15 annual or 30 semiannual installments to be collected at such time, with such interest, at a rate not to exceed 8 percent per annum, and with such penalties to be collected upon delinquent payments, as the board may determine; provided, that at the option of the owner of property assessed, the whole or any part of the unpaid principal, with interest accruing thereon to the next interest payment date, is payable at any time.
Sec. 18. All special assessments, except such installments thereof as the board shall make payable at a future time, as provided in the preceding section, shall be due and payable on confirmation.
κ1957 Statutes of Nevada, Page 93 (CHAPTER 65, SB 82)κ
Sec. 19. Should any lots of land be divided after a special assessment thereon shall have been approved and divided into installments and before the collection of the installments, the board may require the assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment, when approved, shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivision.
Sec. 20. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund of the town; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Sec. 21. Whenever any special assessment shall, in the opinion of the board, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment in this act.
Sec. 22. Whenever any sum or part thereof levied upon any premises in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the premises.
Sec. 23. When any special assessment shall be confirmed and payable, the board may direct its clerk to report to the assessor a description of such lots and premises as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made, and to require the assessor to levy the several sums so assessed as a tax upon the several lots or premises to which they were assessed in the general assessment roll next thereafter, to be made in a column for special assessments, and thereupon the amount so levied in the assessment roll shall be collected and enforced, by the county treasurer acting as ex officio town treasurer, with the other taxes in the assessment roll, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the town from collecting any special assessment by suit in the name of the board of county commissioners or other duly constituted governing body of the town; and the special assessment roll and the certified resolution or ordinance confirming it, as recorded, shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Sec. 24. If in any action it shall appear by reason of any irregularity or informality the assessment has not been properly made against the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
κ1957 Statutes of Nevada, Page 94 (CHAPTER 65, SB 82)κ
the defendant, or the lot or premises sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the lot or premises in question, render judgment for the amount properly chargeable against such defendant or upon such lot or premises.
Sec. 25. When the board of county commissioners of Douglas County, acting as the town board for the unincorporated town of Gardnerville, shall determine to make any public improvements as herein provided and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, said board may, by ordinance, at the time it directs such special assessment to be made by the assessor, or at any time thereafter while any part of the assessment remains unpaid, without submitting the question to the electors of the town at any general or special election, cause to be issued bonds of the town, not exceeding the amount of the assessments outstanding and unpaid, for the purpose of defraying all or part of the cost or expense of such improvements. The bonds shall be signed by the chairman of the board of county commissioners, acting as the town board, and countersigned by the clerk of the board. They shall each be in a denomination in a multiple of $100, but not exceeding $1,000, except bond numbered one may be in an odd denomination; the bonds shall be serial in form and maturity, the various annual maturities commencing not later than the third year and ending not later than 15 years after date of issue, and shall mature in equal annual installments; provided, however, that the first and last installments may be for a greater or lesser amount than the other installments. Interest on all such bonds shall be at a rate at least 1 percent per annum less than the interest on the installments of principal of assessments outstanding and unpaid, but shall in no event exceed the rate of 7 percent per annum, and shall be payable annually or semiannually at such times as the board may direct. The bonds shall be subject to prior redemption at the option of the town, whenever funds are available therefor, on any interest payment date prior to maturity, at a price equal to the principal amount thereof with such premium, if any, not to exceed 4 percent of the principal amount of any bond redeemed, as the board may at the time of issue direct, and with accrued interest to the redemption date.
The board, without notice to the state board of finance, may issue the bonds, or part thereof, to the contractor or contractors making such improvements, and, in such case, may issue additional of such bonds to pay directly for such other costs or expenses incidental thereto for which assessments were levied; or, at least 3 weeks after mailing notice of sale to the state board of finance, Carson City, Nevada, it may publicly, upon such terms and pursuant to such public notice as the board may direct, or privately sell the bonds issued pursuant to this section, the proceeds of which shall be used to defray all or part of the costs or expenses of such improvements; provided, however, that none of the bonds shall be sold at less than 95 percent of the principal amount thereof, plus accrued interest on the principal amount to the date of delivery. The board may enter into a contract to sell the bonds at any time; provided, however, any other provisions of this act notwithstanding, that if the board so contracts before it awards the contract for making the improvements, the board may terminate the contract to sell the bonds, if, before the awarding of the construction contract, it determines not to make the improvements; provided, further, that if the board shall cease to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed duly file written objections to the improvements, as provided in section 5 of this act, or for any other reason, the contract to sell the bonds shall thereupon be terminated and inoperative.
κ1957 Statutes of Nevada, Page 95 (CHAPTER 65, SB 82)κ
the bonds at any time; provided, however, any other provisions of this act notwithstanding, that if the board so contracts before it awards the contract for making the improvements, the board may terminate the contract to sell the bonds, if, before the awarding of the construction contract, it determines not to make the improvements; provided, further, that if the board shall cease to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed duly file written objections to the improvements, as provided in section 5 of this act, or for any other reason, the contract to sell the bonds shall thereupon be terminated and inoperative.
The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed until paid, as in this act provided, and, when collected, shall be placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid.
The issuance of any bonds, as herein provided, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds.
In the event that the special fund created by the proceeds of the special assessment shall be insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund.
Sec. 26. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objects, and not an exclusive one, and this act or any part thereof shall not be construed to be repealed or modified except by acts or parts of acts of the legislature making provision directly contrary to this act or any part thereof.
Sec. 27. If any section, subsection, sentence, clause, or phrase of this act be for any reason held to be invalid, such holding shall not affect the validity of the remaining portion of this act. The legislature of the State of Nevada hereby declares that it would have passed this act in each section, subsection, sentence, clause, or phrase thereof separately and irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be invalid.
Sec. 28. This act shall become effective upon passage and approval.
________
Senate Bill No. 83Committee on Finance
CHAPTER 66
AN ACT providing an additional and supplemental appropriation for the general support of the statute revision commission for the biennium ending June 30, 1957.
[Approved March 11, 1957]
Whereas, By section 40 of chapter 324, Statutes of Nevada 1955, there was appropriated for the general support of the statute revision commission the sum of $131,189; and
κ1957 Statutes of Nevada, Page 96 (CHAPTER 66, SB 83)κ
Whereas, Due to additional legislative demands requiring the employment of increased personnel, there will be a deficiency for the fiscal year ending June 30, 1957; 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 from any money in the general fund in the state treasury not otherwise appropriated the sum of $10,000 for the general support of the statute revision commission as an additional and supplemental appropriation to that allowed by section 40 of chapter 324, Statutes of Nevada 1955.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 251Washoe County Delegation
CHAPTER 67
AN ACT authorizing Washoe County, State of Nevada, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, a juvenile detention home, and improvements incidental thereto, to equip and furnish the same, and to acquire a suitable site or grounds therefor; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $200,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and concerning other matters properly relating thereto.
[Approved March 11, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Washoe County, State of Nevada, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, a juvenile detention home, and improvements incidental thereto, to equip and furnish the same, to acquire a suitable site or grounds therefor, and to issue general obligation bonds therefor in not to exceed the aggregate principal amount of $200,000. (Such building, incidental improvements, equipment, furnishings, sites and grounds, are hereinafter sometimes designated as the facilities.)
Sec. 2. The board of county commissioners is hereby authorized and empowered to submit to the qualified electors of the county a question or questions authorizing the issuance of general obligation bonds to defray the cost of such facilities, at a special, primary or general election, held in compliance with NRS 350.010 to 350.200, inclusive, all laws amendatory thereof, and all other election laws of this state so far as the same can be made applicable and which are not inconsistent herewith. In the event a majority of the white ballots and a majority of the colored ballots on any such question both are in favor of the issuance of such bonds, the proposal to issue them shall have carried, and the board of county commissioners may thereafter proceed to issue the bonds as herein provided.
κ1957 Statutes of Nevada, Page 97 (CHAPTER 67, AB 251)κ
shall have carried, and the board of county commissioners may thereafter proceed to issue the bonds as herein provided. If a majority of either the white ballots or the colored ballots, or a majority of both, on such question, is against the issuance of the bonds, then such proposal shall have failed and the board shall be without power to issue the bonds as herein provided. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election or elections called for that purpose.
Sec. 3. The bonds shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or upon an amortization plan for the bonds so that substantially equal amounts shall be required annually for the payment of the principal of and interest on the bonds, except for the first or last installment, or both, which may be for greater or lesser amounts, or both, than required by either of the aforesaid limitations, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from such date, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada as may be provided by the board, and the bonds shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. The board of county commissioners may provide for the registration of the bonds for payment as to principal or interest, or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds.
Sec. 4. The board is hereby authorized to sell such bonds at one time, or from time to time, at public or private sale, as the board may determine, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition, reconstruction, improvement, extension or betterment of such facilities and with the authorization, issuance and sale of such bonds.
Sec. 5. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and, so far as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing.
κ1957 Statutes of Nevada, Page 98 (CHAPTER 67, AB 251)κ
the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and, so far as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing. It shall be the duty of the board and of any other body as may be charged with the duty of levying taxes therein, annually in due season, to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of such section 2 of article 10. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of the interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 6. The ordinance or ordinances providing for the issuance of such bonds may state the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 7. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 8. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 9. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
κ1957 Statutes of Nevada, Page 99 (CHAPTER 67, AB 251)κ
agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 10. This act being necessary to secure and preserve the public health, safety, and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 11. If any provision of this act or the application thereof to any person, association, corporation, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
Sec. 12. This act shall become effective upon passage and approval.
________
Assembly Bill No. 268Messrs. Revert and David
CHAPTER 68
AN ACT to amend NRS section 19.230 relating to the fees of the county clerk of Nye County, Nevada.
[Approved March 11, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.230 is hereby amended to read as follows:
19.230 [1. The county clerk of Nye County and ex officio clerk of the Fifth Judicial District Court of the State of Nevada, in and for the County of Nye, shall charge and collect fees as follows:
On the commencement of any action or proceeding in the district court (except probate or guardianship proceedings), to be paid by the party commencing the action or proceeding.................................................................... $12.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them .............................................................................................. 5.00
For additional defendant appearing separately....................... 2.50
For filing a complaint in intervention....................................................... 5.00
For filing a judgment or decree................................................................. 3.00
The foregoing fees shall be paid in full for all services rendered by the clerk in the case, to and including the making up of the judgment roll.
For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), to be paid by the party moving for a new trial or to set aside judgment........................................... 2.50
For filing notice and undertaking and all services, including indexing, on appeal to the supreme court.......................................................................... 3.50
For entering judgment by confession..................................................... 5.00For filing remittitur from supreme court.......................... $1.00
κ1957 Statutes of Nevada, Page 100 (CHAPTER 68, AB 268)κ
For filing remittitur from supreme court................................................... $1.00
For recording judgment entered thereon........................................ 2.50
For issuing execution or order of sale..................................................... 1.50
For copying decree and return, per folio......................................... .20
For services performed in an action appealed from the justices court ...................................................................................................... 10.00
For services performed in an action transferred from the district court of another county.................................................................................................. 10.00
For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of copies, express charge or postage................................................... 2.50
For services performed in proceedings to perpetuate testimony........ 1.00
For certificates for dismissal of appeal.................................................... 2.50
For filing any paper in any case after judgment, not otherwise provided for .......................................................................................................... .50
For issuing transcript of judgment........................................................... 2.00
For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $400 in value....................................................... 5.00
For services in probate proceedings wherein a summary administration shall be ordered................................................................................................. 15.00
For services in probate proceedings wherein summary administration is not ordered................................................................................................. 25.00
For services in guardianship proceedings.............................................. 15.00
For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross-petition to the appointment of any executor, administrator or guardian.................................................................. 5.00
[2. The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:
For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio...................................... .20
For each certificate of the clerk under the seal of the court................. .50
For filing and indexing all papers to be kept by the clerk, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each.............................................................................. .50
For articles of incorporation, and amendments...................................... 2.00
For certificate of acceptance and change of residence......................... 1.00
[3. For all services not herein enumerated, such fees as are now or may hereafter be fixed by law.
[4. No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case or adoption matter.
[5. The foregoing fees shall include fees provided for and known as court fees in NRS 19.020.
[6. The clerk shall, on or before the fifth day of each month, pay to the county treasurer the amount of all fees collected by the clerk during the next preceding month.
κ1957 Statutes of Nevada, Page 101 (CHAPTER 68, AB 268)κ
[7. All fees shall be paid at the time of filing of the instruments, documents and papers specified in this section.]
1. The county clerk of Nye County shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law............................................................................................................... $17.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them...................................................................................................... 10.00
For every additional defendant, appearing separately....... 5.00
On the filing of any paper in intervention............................................. 10.00
On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:
Where the stated value of the estate is more than $400 and less than $3,000.................................................................................... 15.00
Where the stated value of the estate is in excess of $3,000.. 25.00
Where the stated value of the estate is less than $400, no fee shall be collected.
On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil................................................................ 5.00
On filing a petition to contest any will or codicil, to be paid by the petitioner............................................................................................................... 15.00
On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion........................ 5.00
For issuing an execution or order of sale in any action.................... 1.00
For filing a notice of appeal and appeal bonds, each........................ 1.00
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage.............................................................................. 2.50
For any copy of any record, proceeding or paper on file in the office of the clerk:
When the copy is typed by him, per folio................................. .20
When the copy is photostated, for the first page.................... .50
For each additional page photostated.................................... .50For each certificate of the clerk, under the seal of the court ................................................................ $0.75
κ1957 Statutes of Nevada, Page 102 (CHAPTER 68, AB 268)κ
For each certificate of the clerk, under the seal of the court............. $0.75
For filing remittitur from the supreme court......................................... 1.00
For recording judgment entered thereon, per folio............... .20
For issuing transcript of judgment and certifying thereto................. 1.00
For filing and docketing abstract of judgment of a justices court.. 1.00
For issuing execution thereon................................................... 1.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk ....................................................................................................... 1.00
For comparing such copy with the original, per folio.......... .05
For filing and indexing articles of incorporation............................... 1.00
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement............................................. 1.00
For filing and recording a bond of a notary public............................ 2.50
For administering each oath, without a certificate, except in a pending action or proceeding..................................................................................... .50
For taking any affidavit, except in criminal cases.............................. .50
For searching records or files in the office of the clerk, for each year ......................................................................................................... .50
For taking acknowledgments.................................................................. 1.00
For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.
For each name, where the certificate contains in excess of four names................................................................................................. .25
2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Nye County, or any city or town within Nye County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 103κ
Senate Bill No. 90Senators Lamb and McGowan
CHAPTER 69
AN ACT to amend NRS section 244.260 relating to county surplus building and maintenance reserve funds.
[Approved March 12, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.260 is hereby amended to read as follows:
244.260 1. With the approval of the state board of finance, the board of county commissioners of any county may accumulate a fund, for a period not to exceed 10 years, for the purpose of constructing, making additions to, or repairing any and all buildings which by law the board is authorized to build, repair, manage and control, by the levy of an annual special tax not to exceed 25 cents on each $100 of assessed value of real and personal property in the county.
2. All moneys collected from the special tax shall be placed with the county treasurer in a fund to be known as the county surplus building and maintenance reserve fund. Any moneys in the fund at the end of a fiscal year shall not revert to the county general fund but shall remain in the county surplus building and maintenance reserve fund until earmarked for a specific purpose.
3. Any moneys in the county surplus building and maintenance reserve fund may, from time to time, be invested only in short-term United States Government bonds.
________
Assembly Bill No. 76Churchill County Delegation
CHAPTER 70
AN ACT to amend chapter 393 of NRS relating to public school property by creating a new provision relating to the power of a board of trustees of a school district to lease school buildings for community center purposes; and other matters properly relating thereto.
[Approved March 12, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 393 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Notwithstanding any of the provisions of NRS 393.220 to 393.320, inclusive, the board of trustees shall have the power to lease any school building not in use at a nominal rental for community center purposes.
2. The following conditions shall apply:
(a) The lease must be made with a nonprofit association properly and regularly formed and maintained by residents of a particular community or area within the school district desiring to utilize an available school building as a community center.
κ1957 Statutes of Nevada, Page 104 (CHAPTER 70, AB 76)κ
(b) Any school building so leased must be used for community center purposes only, and may not be used for private gain.
(c) The lease shall provide for cancellation of the lease and a return of the school building to the possession of the school district, upon 30 days written notice and demand, should the board of trustees find it desirable again to operate a school within the building or should the building cease to be used for community center purposes.
________
Assembly Bill No. 36Committee on Judiciary
CHAPTER 71
AN ACT to amend NRS section 108.310 relating to the satisfaction of liens of vehicle and airplane dealers, repairmen and garagemen.
[Approved March 12, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108. 310 is hereby amended to read as follows:
108.310 The lien created in NRS 108.270 to 108.360, inclusive, may be satisfied as follows:
1. The motor vehicle or airplane dealer, garage or airport keeper, or automobile or airplane repairman, shall give written notice [within 30 days from the date on which the work was completed or from the date of first storage] to the person on whose account the storing, maintaining, keeping, repairing, labor, supplies or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, upon which the lien is asserted, and to the motor vehicle division of the public service commission of Nevada.
2. The notice shall be given by delivery in person or by registered letter addressed to the last-known place of business or abode of the person or persons to be notified, and if no address is known then addressed to such person or persons at the place where the lien claimant has his place of business.
3. The notice shall contain:
(a) An itemized statement of the claim, showing the sum due at the time of the notice and the date or dates when it became due.
(b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer against which the lien exists.
(c) A demand that the amount of the claim as stated in the notice, and of such further claim as shall accrue, shall be paid on or before a day mentioned, not less than 10 days from the delivery of the notice if it is personally delivered, or from the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.
(d) A statement that unless the claim is paid within the time specified the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer will be advertised for sale, and sold by auction at a specified time and place.
κ1957 Statutes of Nevada, Page 105 (CHAPTER 71, AB 36)κ
4. In accordance with the terms of a notice so given, a sale by auction may be had to satisfy any valid claim which has become a lien on the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer, the sale shall be had in the place where the lien was acquired, or, if such place is manifestly unsuitable for the purpose, at the nearest suitable place.
5. After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer to be sold, and stating the name of the owner or person on whose account the same is held, and the time and place of the sale, shall be published once a week for 2 consecutive weeks, being 3 successive weekly issues, in a newspaper published in the place where such sale is to be held, but if no newspaper is published in such place then in some newspaper published in the State of Nevada and having a general circulation in such place. The sale shall not be held less than 15 days from the time of the first publication. [If there is no newspaper published in such place, the advertisement shall be posted at least 10 days before such sale in not less than 6 conspicuous places therein.]
6. From the proceeds of such sale the motor vehicle or airplane dealer, garage or airport keeper, or automobile or airplane repairman furnishing services, labor, accessories or supplies shall satisfy his lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of such proceeds shall be delivered, on demand, to the person to whom he would have been bound to deliver, or justified in delivering, the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer.
________
Assembly Bill No. 37Committee on Judiciary
CHAPTER 72
AN ACT to amend NRS section 108.290 relating to secondary liens of vehicle and airplane dealers, repairmen and garagemen when vehicles, airplanes and other equipment are sold or leased on a conditional sales agreement or recorded lease or mortgage.
[Approved March 12, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.290 is hereby amended as follows:
108.290 Any lien or liens in excess of [$100] $300 acquired as provided in NRS 108.270 to 108.360, inclusive, shall be secondary lien or liens when the motor vehicle, airplane, motorcycle, motor or airplane equipment, or trailer in question is sold or leased on a conditional sales agreement or a recorded lease or mortgage.
________
κ1957 Statutes of Nevada, Page 106κ
Assembly Bill No. 66Mr. Byrne
CHAPTER 73
AN ACT to amend NRS section 305.230 relating to sale or furnishing of alcoholic beverages during general, special or municipal elections.
[Approved March 12, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 305.230 is hereby amended to read as follows:
305.230 1. [It shall be unlawful for any person to sell, give away or furnish, or cause to be sold, given away or furnished, either for or without pay, within this state, on any day upon which a general election is held, or within the limits of any county or city on any day upon which any special or municipal election is held therein, any spirituous, malt or fermented liquors or wines.] It shall be unlawful during the hours when the polls are open for any person to sell, give away or furnish, or cause to be sold, given away or furnished, either for or without pay, any spirituous, malt or fermented liquors or wines:
(a) Within any city on any day upon which any city election is held therein;
(b) Within any county on any day upon which a county election is held therein; or
(c) Within this state on any day upon which a statewide primary or general election is held.
2. Any person violating any of the provisions of subsection 1 shall be guilty of a gross misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment in the county jail for not less than 1 month nor more than 6 months, or by both fine and imprisonment.
[3. The judges of the district courts of the several judicial districts in this state shall specially give this section in charge to every grand jury impaneled in their respective districts.]
________
Assembly Bill No. 217Clark County Delegation
CHAPTER 74
AN ACT to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved March 12, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 145, is hereby amended by adding thereto a new section, which section shall be designated as section 31a, shall immediately follow section 31, and shall read as follows:
κ1957 Statutes of Nevada, Page 107 (CHAPTER 74, AB 217)κ
Section 31a. Upon the approval of the board of county commissioners of Clark County, the board of commissioners of the city of Las Vegas may, as an alternative method of disposing of the proceeds from the taxes levied and collected by the city for the redemption of the bonds provided for in section 31, pay such proceeds to the city treasurer to be by him placed in an appropriate fund, instead of paying them to the county treasurer and requiring the county treasurer to place them in an appropriate fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 254Mr. Nevin
CHAPTER 75
AN ACT fixing the compensation of the county officers of Storey County, Nevada, and regulating the employment and compensation of deputies and other employees of such offices, and repealing all acts and parts of acts in conflict herewith.
[Approved March 12, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Storey County, Nevada, their deputies and such other employees as are named in this act shall receive the following salaries in full compensation for all services rendered by them.
Sec. 2. The district attorney of Storey County, Nevada, shall receive a salary of $4,800 per annum for all his services as such officer. In case of emergency he may, with the unanimous consent of the board of county commissioners, employ one deputy who shall receive a salary in an amount not to exceed $350 per month. In case of emergency he may, with the unanimous consent of the board of county commissioners, employ one person to act as his secretary, such secretary to serve only as long as the emergency may continue and to be paid at the rate of $12 per day, but not to exceed $350 per month for services performed in any one month by such secretary.
Sec. 3. The sheriff, for services as such and as ex officio assessor, shall receive $4,800 per annum. He shall be allowed to appoint one deputy who shall receive a salary of $350 per month, and he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature. In cases of emergency and when the board of county commissioners deems it necessary the sheriff may, with the unanimous consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at the rate of $12 per day, but not to exceed $350 per month for services performed in any one month by such deputy.
Sec. 4. The county recorder, for services as such and as ex officio auditor, shall receive a salary of $4,800 per annum. He shall be allowed to appoint one deputy at a salary not to exceed $350 per month; but in the case of emergency and when the board of county commissioners deems it necessary the county recorder and ex officio auditor may, with the unanimous consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at the rate of $12 per day, but not to exceed $350 per month for services performed in any one month by such deputy.
κ1957 Statutes of Nevada, Page 108 (CHAPTER 75, AB 254)κ
deems it necessary the county recorder and ex officio auditor may, with the unanimous consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at the rate of $12 per day, but not to exceed $350 per month for services performed in any one month by such deputy. The recorder and ex officio auditor shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 5. The county clerk, for services as such and as ex officio treasurer, clerk of the district court, and clerk of the board of county commissioners, shall receive a salary of $4,800 per annum, which shall be in full compensation for all services rendered. He shall be allowed to appoint one deputy who shall receive a salary of $350 per month. In case of emergency and when the board of county commissioners deems it necessary, the clerk may, with the unanimous consent and approval of the board of county commissioners, appoint one or more deputies, such deputy or deputies to serve only as long as the emergency may continue and to be paid at the rate of $12 per day, but not to exceed $350 per month for services performed in any one month by such deputy. The clerk and ex officio treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 6. The county commissioners of Storey County, Nevada, shall each receive the sum of $1,200 per annum, which shall be in full compensation for all services whatsoever required of such commissioners.
Sec. 7. No officer shall be allowed any additional compensation for travel within the county of Storey, nor outside the county, except when a necessary trip is made in the interest of the county and in the performance of his official duties and the same shall first be approved by the board of county commissioners, in which event the mileage shall be allowed and paid as provided in NRS 245.060.
Sec. 8. All annual salaries herein provided shall be payable semimonthly in 24 equal installments.
Sec. 9. No officer mentioned in this act shall receive any fee or commission or perquisites to his own use for the performance of any duty connected with his office, or for the performance of any additional duty imposed upon him, notwithstanding any other law to the contrary.
Sec. 10. The employment of extra employees by any officer mentioned in this act must be first approved by the board of county commissioners, and such extra employees shall be compensated at the rate of $1.50 for each hour of service rendered to the county of Storey.
Sec. 11. Chapter 177, Statutes of Nevada 1953, at pages 207 and 208, entitled An Act fixing the compensation of the county officers of Storey county, Nevada, and regulating the employment and compensation of deputies and other employees of said offices, and repealing all acts and parts of acts in conflict herewith, approved March 21, 1953, and all other acts and parts of acts in conflict herewith, are hereby repealed.
Sec. 12. This act shall become effective on the first day of the first month following its passage and approval.
________
κ1957 Statutes of Nevada, Page 109κ
Assembly Bill No. 187Committee on Judiciary
CHAPTER 76
AN ACT to amend NRS sections 2.200, 2.210 and 281.010 relating to the appointment, qualifications and removal of the clerk of the supreme court and the superintendent of public instruction, and classification and commissions of officers.
[Approved March 13, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.200 is hereby amended to read as follows:
2.200 [At the general election in 1866 and at the general election every 4 years thereafter, the clerk of the supreme court shall be chosen by the qualified electors of the state, and he shall hold his office for the term of 4 years from the 1st Tuesday after the 1st Monday in January next after his election and until his successor is qualified.] 1. The supreme court shall appoint a clerk of the supreme court; but any person elected to the office of clerk of the supreme court before the effective date of this section shall continue to hold such office until the expiration of the term for which he may have been elected.
2. The clerk of the supreme court shall hold office and be removable at the pleasure of the supreme court.
Sec. 2. NRS 2.210 is hereby amended to read as follows:
2.210 No person shall be eligible to the office of clerk of the supreme court unless:
1. He shall have attained the age of 21 years at the time of his [election] appointment; and
2. He shall be a qualified elector and a citizen resident of this state for 1 year next preceding [the election.] his appointment.
Sec. 3. NRS 281.010 is hereby amended to read as follows:
281.010 1. The following officers shall be elected:
(a) A governor.
(b) A lieutenant governor.
(c) Two United States Senators.
(d) The number of members of the House of Representatives of the United States to which this state may be entitled.
(e) The number of presidential electors to which this state may be entitled.
(f) Three justices of the supreme court.
(g) District judges, as provided in NRS 3.010.
(h) Senators and members of the assembly.
(i) A secretary of state.
(j) A state treasurer.
(k) A state controller.
(l) An attorney general.
(m) A surveyor general.
[(n) A clerk of the supreme court.
[(o) A superintendent of public instruction.
[(p)] (n) A superintendent of state printing.
[(q)] (o) An inspector of mines.
κ1957 Statutes of Nevada, Page 110 (CHAPTER 76, AB 187)κ
[(r)] (p) Other officers whose elections are provided for by law.
[(s)] (q) For each county:
(1) One county clerk, who shall be ex officio clerk of the board of county commissioners and clerk of the district court of his county.
(2) One sheriff.
(3) One district attorney.
(4) One public administrator, except where otherwise provided by law.
(5) One county assessor.
(6) One county treasurer.
(7) One county surveyor.
(8) The number of county commissioners as provided by law.
(9) One county recorder, who shall be ex officio county auditor.
(10) Justices of the peace.
(11) Constables.
2. The following officers shall be appointed:
(a) Notaries public.
(b) Commissioners of deeds for the respective states and territories of the United States and foreign countries.
(c) All officers who are not elected.
________
Senate Bill No. 164Senator Johnson
CHAPTER 77
AN ACT making a supplemental appropriation for the support of the 1957 session of the Nevada legislature.
[Approved March 13, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing additional support of the 1957 session of the Nevada legislature, and for the purpose of paying the unpaid expenses incurred by the 1956 special session of the Nevada legislature, the sum of $90,000 is hereby appropriated from the general fund to the legislative fund, heretofore created.
Sec. 2. The state controller is hereby authorized and directed to draw his warrants on the fund for salaries, per diem, mileage and incidental expenses of the respective houses of the legislature, when properly certified to in accordance with law, and the state treasurer is hereby authorized and directed to pay the same.
Sec. 3. Any unexpended portion of the fund shall revert to the general fund on December 31, 1958.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 111κ
Assembly Bill No. 230Mr. Franklin
CHAPTER 78
AN ACT to amend NRS section 254.010 relating to the appointment and compensation of the county engineer.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 254.010 is hereby amended to read as follows:
254.010 The board of county commissioners of any county in this state having a population of not less than 10,000 is authorized to appoint a county engineer and to fix his compensation at a sum not to exceed [$600] $900 per month.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 15Senator Lovelock
CHAPTER 79
AN ACT to amend chapter 686 of NRS relating to general provisions applicable to insurance companies, by creating new provisions relating to provision of funds to defray the expenses of investigation, analysis and valuation of securities owned by insurance companies, and other matters properly relating thereto.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 686 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. The purpose of this act is to provide a means of making funds, not in excess of $250,000 in any 1 year, available to the committee on valuation of securities of the National Association of Insurance Commissioners to defray the expenses of such committee in the investigation, analysis and valuation of securities and the determination of the amortizability of bonds owned by insurance companies, and for the purpose of furnishing to the several states on a uniform basis information needed in the supervision of insurance companies licensed to transact business in the several states.
Sec. 3. The commissioner is authorized to disburse in the manner provided in section 5, in cooperation with supervisory officials of other states, funds obtained through assessments for such purpose under the provisions of this act.
Sec. 4. The commissioner shall periodically obtain from the committee on valuation of securities of the National Association of Insurance Commissioners a verified budget estimate of the receipts and expenses to be incurred by the committee for a stated period, not exceeding 1 year, with appropriate explanations of the estimates therein contained.
κ1957 Statutes of Nevada, Page 112 (CHAPTER 79, SB 15)κ
Sec. 5. 1. If the commissioner shall be satisfied as to the reasonableness of the budget estimate as provided in section 4, he shall determine the portion of the funds required by such budget estimate to be assessed as provided in this section, by deducting from such budget estimate or from the sum of $250,000, whichever is lesser, any amounts received or receivable by the committee from other states whose laws do not substantially conform to the method of assessment provided by this act and applying to the remainder the proportion which the total investments in securities of domestic life insurers bears to the total investments in securities of life insurers domiciled in this and other states whose laws authorize and require assessments on substantially the same basis as herein provided.
2. The commissioner shall thereafter, as soon as convenient, by notice stating the method of computation thereof, assess the amount to be paid on account of such expenses, pro rata, upon all domestic life insurers in the proportion which the total investments in securities of each domestic life insurer bears to the total investments in securities of all such insurers.
3. The total investments in securities of any life insurer for purposes of this section shall be the total admitted value of stocks and bonds reported as such in its annual statement last filed with the commissioner or other supervisory official of its state of domicile prior to such assessment.
4. Upon receipt of such notice, each insurance company shall, within 30 days, pay the assessment to the commissioner, who shall remit such funds to the state treasurer as custodian thereof.
5. The state treasurer shall place such money in a fund to be known as the valuation of securities fund.
6. Upon presentation of proper vouchers approved by the commissioner, the state controller shall issue his warrants upon the fund, and the state treasurer shall pay the same out of the money credited to the fund. Such disbursement shall be made to the committee on valuation of securities of the National Association of Insurance Commissioners for the purposes provided in this act.
Sec. 6. The commissioner shall require annually, and at such other times as he may deem it necessary or advisable, a certified audit of receipts and disbursements and statement of assets and liabilities showing the details of the financial operations of the committee on valuation of securities of the National Association of Insurance Commissioners.
________
κ1957 Statutes of Nevada, Page 113κ
Senate Bill No. 23Senator Lovelock
CHAPTER 80
AN ACT to amend chapter 686 of NRS relating to general provisions concerning insurance and prohibited practices by insurance companies by creating new provisions relating to false advertising by certain insurance companies, and other matters properly relating thereto.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 686 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Whenever the commissioner shall have reason to believe that any unauthorized foreign or alien company is making, issuing, circulating or causing to be made, issued or circulated, to residents of this state or to corporations authorized to do business therein any estimate, illustration, circular, pamphlet or letter, or is causing to be made in any newspaper, magazine or other publication, or over any radio station or television station, any announcement or statement to such residents or corporations misrepresenting its financial condition or the terms of any contracts issued or to be issued or the benefits or advantages promised thereby, or the dividends or share of a surplus to be received thereon, the commissioner shall give notice in writing of such fact to the insurance supervisory official of the domiciliary state of such company. For the purpose of this section, the domiciliary state of an alien company shall be deemed to be the state of entry or the state of the principal office in the United States.
Sec. 3. If, after 30 days following the giving of notice by the commissioner to the domiciliary insurance supervisory official of false advertising by an unauthorized company, such company has failed to cease making, issuing or circulating such misrepresentations or causing the same to be made, issued or circulated in this state, and if the commissioner has reason to believe that a proceeding by him in respect to such matters would be to the interest of the public and that such company is issuing or delivering contracts of insurance to residents of this state or to corporations authorized to do business therein or collecting premiums on such contracts or otherwise transacting business in this state, he shall take action against such company under the provisions of NRS 686.390 to 686.470, inclusive.
Sec. 4. Service of process upon an unauthorized company shall be as provided in NRS 686.230.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 114κ
Senate Bill No. 25Senator Lovelock
CHAPTER 81
AN ACT to amend NRS 684.350 relating to countersignature of insurance policies.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 684.350 is hereby amended to read as follows:
684.350 1. All policies of insurance for or on behalf of any insurance company doing the kind or kinds of business described in classes 2 and 3 (NRS 681.030 and 681.040), on any property or insurable business activities or interests located within or transacted within this state, shall be countersigned by an agent licensed under this Title; but this section shall not apply to insurance covering the rolling stock belonging to and used in the operation of railroad corporations or other common carriers or property in transit while in the possession or custody of railroad or other common carriers.
2. Nothing herein contained shall be construed as preventing the free and unlimited right to negotiate contracts of insurance by licensed nonresident agents or brokers outside this state, provided the policies, endorsements or evidence of such contracts covering properties or insurable interests in this state are countersigned by a resident agent of this state.
3. Where a contract of insurance covering property or risks or insurable interests within this state is negotiated by a licensed nonresident agent or broker outside of this state, or by a company which is not represented by a licensed nonresident agent or broker, every such policy of insurance or bond shall be countersigned by a resident agent who is compensated on a commission basis and shall not be countersigned by a salaried company employee, unless such employee is a regular salaried employee of a mutual company and a licensed resident agent. In any case where it is necessary to execute an emergency bond, or a commissioned agent is not present who is authorized to execute such bond, a company manager or other employee having authority under a power of attorney may execute the bond in order to produce a valid contract between the company and the obligee, but such bond shall be subsequently countersigned by a resident commissioned agent, who shall make and retain an office record showing sufficient information regarding the transaction to indicate the essential information to preserve a record.
4. On such business produced by a licensed nonresident agent or broker, which requires the countersignature of a resident commissioned agent of this state, there shall be a division of the usual customary commission between the licensed nonresident producing agent or broker and the resident countersigning commissioned agent which shall produce for the latter a commission of at least 5 percent of the premium; but for countersigning such casualty insurance policies and fidelity or surety bonds the resident commissioned agent shall not be paid more than $50 nor less than $1 for countersigning any such policy or bond. Where the licensed nonresident agent or broker or the insurer assuming the risk desires the resident commissioned agent to render additional services during the life of a policy, then in such cases the compensation to be paid to such countersigning commissioned resident agent shall be a matter of contract between the parties in interest.
κ1957 Statutes of Nevada, Page 115 (CHAPTER 81, SB 25)κ
the risk desires the resident commissioned agent to render additional services during the life of a policy, then in such cases the compensation to be paid to such countersigning commissioned resident agent shall be a matter of contract between the parties in interest.
________
Senate Bill No. 50Senator Lovelock
CHAPTER 82
AN ACT to amend NRS section 684.080 relating to exemption of certain persons from examination for licensing as insurance agents; and to repeal NRS section 684.140 relating to temporary licenses of insurance agents.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 684.080 is hereby amended to read as follows:
684.080 No written examination shall be required of:
1. An applicant who is the holder of a valid agents license issued by the commissioner or an applicant for a renewal license, except in a case where the commissioner has good and sufficient cause to believe that the applicant for renewal has demonstrated incompetency in the conduct of his business as an insurance agent to the detriment of the insurance-buying public.
2. An applicant who is a ticket-selling agent or other representative of a public carrier and who shall act under a restricted license only as an agent with respect to accident insurance tickets covering the risks of travel.
3. In the discretion of the commissioner, an applicant whose license to do business or act as [a life] an insurance agent in this state has expired or was suspended without complaint less than 1 year prior to the date of application.
Sec. 2. NRS 684.140 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 85Senator Lovelock
CHAPTER 83
AN ACT to amend NRS sections 682.090, 682.110 and 682.120 relating to bonds, cash or securities deposits by incorporators or officers of domestic insurance companies; the powers of domestic stock and mutual insurance companies; permits for the solicitation of subscriptions and insurance applications; and other matters properly relating thereto.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 682.090 is hereby amended to read as follows:
682.090 1. The incorporators or duly elected officers shall deliver to the commissioner a bond in favor of the State of Nevada, in the penalty of [$5,000] $50,000, with the incorporators or duly elected officers as principals and a duly authorized surety company as surety.
κ1957 Statutes of Nevada, Page 116 (CHAPTER 83, SB 85)κ
penalty of [$5,000] $50,000, with the incorporators or duly elected officers as principals and a duly authorized surety company as surety. Such bond shall:
(a) Be for the use and benefit of subscribers, shareholders and creditors.
(b) Be conditioned upon strict compliance with the provisions of NRS 682.010 to 682.290, inclusive, and the complete accounting for all funds and property coming into the possession of the incorporators or the possession of the company prior to issuance to it of a certificate of authority to do an insurance business.
2. In lieu of delivering the bond as provided in subsection 1, the incorporators or duly elected officers may deposit with the commissioner [$5,000] $50,000 in cash or securities of the United States Government or of the State of Nevada, having a market value of at least [$5,000] $50,000. The cash or securities so deposited shall be held in trust by the commissioner until issuance of a license to the company to indemnify the subscribers, shareholders and creditors of the company for the complete accounting for all funds and property coming into the possession of the incorporators or officers and upon strict compliance with the provisions of NRS 682.010 to 682.290, inclusive.
Sec. 2. NRS 682.110 is hereby amended to read as follows:
682.110 1. A stock company shall have the power:
(a) To open books.
(b) To receive subscriptions to its capital stock.
(c) To keep such books open until the whole of such stocks, or so much thereof as may be necessary to satisfy the minimum capital requirements, has been subscribed for.
(d) To receive payments for such subscriptions to the capital stock.
(e) To invest the moneys in the manner prescribed in this Title.
(f) To expend money or to incur liabilities necessary or proper as organization expenses, to be paid out of the proceeds of subscriptions to capital stock, such expenses not to exceed the maximum amount prescribed in the permit mentioned in subsection 2.
2. The company shall not solicit subscriptions to its capital stock until it has received a permit therefor from the commissioner. Such permit shall be issued on the following conditions:
(a) The company shall have submitted an estimate for the total amount to be expended for organization expenses, and the commissioner shall have approved the same. Such estimates shall be recited in the permit. It shall also fix the maximum amount which may be expended for organization expenses, which shall in no event exceed [20] 15 percent of the total amount paid in subscriptions.
(b) Such permit shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the securities permitted to be issued. Such permit shall expire at the end of [2 years] 1 year from its date.
(c) The commissioner is satisfied, by such evidence as he may require or by such examination as he may deem expedient, that the company will hold in trust in some bank or trust company in this state all funds or securities received, less the amount allowed for organization expense. Such funds or securities shall not be withdrawn until the company has completed its organization and arranged for the deposit required by NRS 682.010 to 682.290, inclusive, or in the event that organization has not been completed within the time prescribed in NRS 682.010 to 682.290, inclusive, arrange to return the cash or securities received in payment, less the amount actually used for expenses within the limit prescribed in the permit issued, to the subscribers who have made such payment.
κ1957 Statutes of Nevada, Page 117 (CHAPTER 83, SB 85)κ
NRS 682.010 to 682.290, inclusive, or in the event that organization has not been completed within the time prescribed in NRS 682.010 to 682.290, inclusive, arrange to return the cash or securities received in payment, less the amount actually used for expenses within the limit prescribed in the permit issued, to the subscribers who have made such payment.
(d) Such company shall not enter into a contract with any person, firm, association or corporation to act as agent or broker for the sale of its securities to the public unless such person, firm, association or corporation obtains a permit from the commissioner to sell such securities subject to the provisions of this section.
Sec. 3. NRS 682.120 is hereby amended to read as follows:
682.120 1. A mutual company shall have the power:
(a) To receive such moneys as are necessary to comply with the requirements of NRS 682.010 to 682.290, inclusive, relative to the initial surplus fund of such a company.
(b) To borrow such money in accordance with the provisions of NRS 682.220.
(c) To open books to receive applications for insurance in such company from persons desiring and eligible to become members thereof.
(d) To keep them open until the minimum number and amount of such applications, together with the premium payments thereon as required by the provisions of NRS 682.010 to 682.290, inclusive, have been received.
(e) To invest the money so received in the manner prescribed in this Title for the investment of the minimum surplus of a mutual insurance company.
(f) To expend money or incur liabilities necessary or proper as organization expenses, such expenses not to exceed the maximum amount prescribed in the permit mentioned in subsection 2.
2. The company shall not solicit applications for insurance or receive premium payments thereon until it has received a permit therefor from the commissioner. Such permit, which shall expire at the end of 1 year from its date, shall be issued on the following conditions:
(a) If the commissioner is satisfied, by such evidence as he may require or by such examination as he may deem expedient, that the company will hold in trust for prospective policyholders a fund in cash or securities acceptable to him, at least equal at all times to the amount received in premiums collected on applications for policies.
(b) The company shall agree to return all premiums received to the applicants who have made such payments in the event organization is not completed within the time prescribed in NRS 682.010 to 682.290, inclusive.
(c) The company shall have submitted an estimate for the total amount to be expended for organization expenses and the commissioner shall have approved the same. Such estimate shall be recited in the permit, which shall also fix the maximum amount which may be expended for organization expenses, which in no event shall exceed [20] 15 percent of the total amount paid in subscriptions.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 118κ
Assembly Bill No. 315Churchill County Delegation
CHAPTER 84
AN ACT to amend NRS section 19.120 relating to the fees of the county clerk of Churchill County, Nevada.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.120 is hereby amended to read as follows:
19.120 [1. The county clerk of Churchill County and ex officio clerk of the First Judicial District Court of the State of Nevada shall charge and collect fees as follows:
On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding..................................................................... $15.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them .................................................................................................. 5.00
For every additional defendant appearing separately....................... 2.50
For filing a complaint in intervention........................................................... 5.00
The foregoing fees shall be paid in full for all services rendered by the clerk in the case, to and including the making up of the judgment roll.
For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), to be paid by the party moving for a new trial or to set aside judgment................................................ 2.50
For filing notice and undertaking and all services, including indexing, on appeal to the supreme court .............................................................................. 3.50
For entering judgment by confession.......................................................... 3.00
For filing remittitur from supreme court....................................................... 1.00
For recording judgment entered thereon, per folio............................ .20
For issuing execution or order of sale.......................................................... 1.00
For copying decree and return, per folio............................................. .20
For services performed in an action appealed from a justices court...... 10.00
For services performed in an action transferred from the district court of another county....................................................................................................... 10.00
For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charge or postage..................................................................... 2.50
For services performed in proceedings to perpetuate testimony............ 1.00
For certificates for dismissal of appeal:
When prepared by the clerk.................................................................. 2.50
When prepared and furnished by the attorney.................................. 1.00
For filing any paper in any case after judgment, not otherwise provided for .25For taking and certifying depositions:
κ1957 Statutes of Nevada, Page 119 (CHAPTER 84, AB 315)κ
For taking and certifying depositions:
For each folio........................................................................................... $0.20
For each days attendance.................................................................... 4.00
For issuing transcript of judgment, per folio.............................................. .20
For all services rendered in any proceeding had pursuant to NRS 146.070 where the estate exceeds $400 in value........................................................... 5.00
For services in probate proceedings wherein a summary administration shall be ordered...................................................................................................... 15.00
For services in probate proceedings wherein summary administration is not ordered...................................................................................................... 25.00
For services in guardianship proceedings.................................................. 15.00
For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross-petition to the appointment of an executor, administrator or guardian....................................................................... 5.00
[2. The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:
For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio.......................................... .20
For each certificate of the clerk under the seal of the court..................... .50
For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, each................................................................................... .25
[3. For all services not herein enumerated, such fees as are now or may hereafter be fixed by law.
[4. No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.
[5. The foregoing fees shall include the fees provided for and known as court fees in NRS 19.020.
[6. The clerk shall, on the 1st Monday of each month, pay to the county treasurer the amount of all fees charged by the clerk during the next preceding month.
[7. On the commencement in or removal to the district court of the county of any civil action, proceeding or appeal, on filing the first paper therein, the clerk of the court shall set aside from the costs received the sum of $4 in each such case for the law library fund of the county as the same is now constituted by law.]
1. The county clerk of Churchill County shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law ................................................................................................... $17.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................................... 10.00For every additional defendant, appearing separately...... $5.00
κ1957 Statutes of Nevada, Page 120 (CHAPTER 84, AB 315)κ
For every additional defendant, appearing separately............ $5.00
On the filing of any paper in intervention................................................. 10.00
On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:
Where the stated value of the estate is more than $400 and less than $3,000......................................................................................... 15.00
Where the stated value of the estate is in excess of $3,000....... 25.00
Where the stated value of the estate is less than $400, no fee shall be collected.
On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.................................................................... 5.00
On filing a petition to contest any will or codicil, to be paid by the petitioner ..................................................................................................... 15.00
On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion............................ 5.00
For issuing an execution or order of sale in any action......................... 1.00
For filing a notice of appeal and appeal bonds, each............................ 1.00
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage.................................................................................. 2.50
For any copy of any record, proceeding or paper on file in the office of the clerk:
When the copy is typed by him, per folio...................................... .20
When the copy is photostated, for the first page......................... .50
For each additional page photostated........................................ .50
For each certificate of the clerk, under the seal of the court................. .75
For filing remittitur from the supreme court............................................. 1.00
For recording judgment entered thereon, per folio................... .20
For issuing transcript of judgment and certifying thereto..................... 1.00
For filing and docketing abstract of judgment of a justices court....... 1.00
For issuing execution thereon....................................................... 1.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk 1.00
For comparing such copy with the original, per folio.............. .05
For filing and indexing articles of incorporation................................... 1.00For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement..... $1.00
κ1957 Statutes of Nevada, Page 121 (CHAPTER 84, AB 315)κ
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement........................................... $1.00
For filing and recording a bond of a notary public................................ 2.50
For administering each oath, without a certificate, except in a pending action or proceeding.......................................................................................... .50
For taking any affidavit, except in criminal cases................................... .50
For searching records or files in the office of the clerk, for each year. .50
For taking acknowledgments...................................................................... 1.00
For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.
For each name, where the certificate contains in excess of four names..................................................................................................... .25
2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Churchill County, or any city or town within Churchill County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 286Committee on Elections
CHAPTER 85
AN ACT to amend NRS section 300.060 relating to the appearance of absent voters before the county clerk and the use of voting machines.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 300.060 is hereby amended to read as follows:
300.060 1. If the applicant shall appear in person before the county clerk, the applicant shall stamp and reseal the ballot in the same manner as provided in NRS 300.040 and shall forthwith deliver the ballot to the county clerk who shall treat the ballot in the same way as ballots received by mail are treated by him.
2. When voting machines adopted in the county are assigned for use in absent ballot voting as provided for by law, the applicant shall register his vote on the voting machine [properly prepared for his ballot by precinct or district,] designated therefor, and in primaries by political affiliation or nonpartisanship, as well as real property ownership status in special bond elections.
κ1957 Statutes of Nevada, Page 122 (CHAPTER 85, AB 286)κ
register his vote on the voting machine [properly prepared for his ballot by precinct or district,] designated therefor, and in primaries by political affiliation or nonpartisanship, as well as real property ownership status in special bond elections.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill 264Mr. Collins
CHAPTER 86
AN ACT to amend NRS sections 108.480, 108.490 and 108.500 relating to hotel, inn, motel, motor court, boardinghouse and lodging house liens, and providing for the sale of baggage or property left in hotels, inns, motels, motor courts, boardinghouses and lodging houses to satisfy such liens.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.480 is hereby amended to read as follows:
108.480 1. Every hotel, inn, motel, motor court, boardinghouse or lodging house proprietor or proprietors, or person who lets rooms to lodgers for hire, shall have a lien upon all property belonging to his patron, guest, boarder or tenant brought within the hotel, inn, motel, motor court, boardinghouse, lodging house or rooms for the amount that may be due from any such person for boarding, lodging, rent or for money paid or advanced to him, and for such other extras as are furnished at his request, and is authorized to retain possession of such property until the innkeepers lien and the cost of enforcing it are satisfied.
2. At any time after [60] 30 days after default made in the payment of a debt secured by a lien upon personal property as in this section provided, such lien may be foreclosed by sale of the property or some part thereof as provided in NRS 108.500.
Sec. 2. NRS 108.490 is hereby amended to read as follows:
108.490 All baggage or property of whatever description left at a hotel, inn, motel, motor court, boardinghouse or lodging house for the period of [120] 60 days may be sold at public auction by the proprietor or proprietors thereof as provided in NRS 108.500.
Sec. 3. NRS 108.500 is hereby amended to read as follows:
108.500 1. All sales made under NRS 108.480 and 108.490 shall be made at public auction.
2. No sale shall be valid unless notice of the sale is published at least once a week for 2 successive weeks prior to the sale, in some newspaper published in the county in which the sale is to take place, or, in case no newspaper is published therein, by posting notices at least 10 days prior to the sale in at least 3 public places in the county, 2 of which shall be in the township where the property is to be offered for sale.
3. The notice shall:
(a) Give a description of the property to be sold.
(b) Give the time and place of the sale.
κ1957 Statutes of Nevada, Page 123 (CHAPTER 86, AB 264)κ
(c) Give the name of the hotel, inn, motel, motor court, boardinghouse or lodging house at which the property or baggage was left.
(d) Give the name of the owner of the property when known.
(e) Be signed by the person conducting the sale.
4. If the name and residence of the owner of the property upon which the lien is to be foreclosed is known, a copy of the notice shall, at the time of the posting or publication, be delivered to him, if he resides in the county; otherwise, it shall be mailed to him at his last-known place of residence.
5. After paying all costs of keeping the property until the time of sale, the reasonable costs of the sale and the amount due the lien claimant, the remainder, if any, shall be paid to the county treasurer of the county in which the lien is foreclosed with a statement of the innkeepers claim, the costs of enforcing it, a copy of the published or posted notice, and the amount received for the property sold at the sale. The residue shall be credited by the county treasurer to the county school fund, subject to a right of the guest or boarder, or his representative, to reclaim it within 6 months from the date of the deposit.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 284Messrs. Fullerton and Bleak
CHAPTER 87
AN ACT to amend NRS section 19.200 relating to the fees of the county clerk of Lincoln County, Nevada.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.200 is hereby amended to read as follows:
19.200 [1. The county clerk of Lincoln County, as county clerk and ex officio clerk of the District Court of the Seventh Judicial District of the State of Nevada, in and for the County of Lincoln, shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court (except a probate or guardianship proceeding), to be paid by the party commencing such action or proceeding, the fee to be paid in addition to the court fee of $3 now provided by law......................................................................... $7.00
On an appeal to the district court from a justices court, to be paid by the party taking such appeal, the fee to be paid in addition to the court fee of $1 now provided by law....................................................................................... 9.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................................... 5.00
For every additional defendant or defendants appearing jointly, and for every intervener........................................................................ 5.00On the filing of a petition for letters testamentary, or of administration, or of guardianship, to be paid by the petitioner, in addition to the court fee of $1.50 now provided by law.................................................. $8.50
κ1957 Statutes of Nevada, Page 124 (CHAPTER 87, AB 284)κ
On the filing of a petition for letters testamentary, or of administration, or of guardianship, to be paid by the petitioner, in addition to the court fee of $1.50 now provided by law.................................................................... $8.50
On filing a petition to contest any will or codicil, or objection or cross-petition to the appointment of an executor, administrator or guardian, or objection to settlement of any account or proceeding in an estate or guardianship matter, to be paid by the petitioner................................................................... 5.00
The foregoing fees shall be in full for all services rendered by such clerk in the case, to and including the making up of the judgment roll, and including certified copy of judgment or decree.
[2. The clerk shall also charge and collect the following fees, not provided for in subsection 1:
For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing the same, which shall be in full for all services to be rendered in connection with the motion............... 2.50
For issuing an execution or order of sale in any action............................ 1.00
For filing a notice of appeal and appeal bond, each.................................. .50
For filing remittitur from the supreme court................................................ 1.00
For rendering judgment entered thereon, per folio...................... .20
For issuing transcript of judgment and certifying thereto........................ 1.00
For filing and docketing abstract of judgment of justices court and issuing execution thereon.................................................................................... 1.50
For filing any paper in any case after judgment, not otherwise provided for .25
For making satisfaction of or credit on judgment...................................... .25
For recording any instrument or paper required to be recorded in his office, other than an instrument or paper in an action or proceeding in court as otherwise specified in this section, per folio......................................................... .20
For certifying any copy of any record, proceeding or paper on file in the office of the clerk.................................................................................................... .50
Where such copy is made by him, per folio.................................. .15
For filing all papers to be kept by him, not otherwise provided for, other than papers filed in an action or proceeding in court, and official bonds and certificates of appointment, each.......................................................... .25
For indexing....................................................................................... .25
For filing, indexing and recording original or amended articles of incorporation ....................................................................................................... 10.00
For filing, indexing and registering certificates of copartnership............ 1.00
For issuing marriage license, one-half to be paid to the county recorder 2.00
For administering each oath, without certificate, except in pending actions or proceedings............................................................................................. .25For issuing any certificate under seal, not otherwise provided for ........................................................................... $0.50
κ1957 Statutes of Nevada, Page 125 (CHAPTER 87, AB 284)κ
For issuing any certificate under seal, not otherwise provided for......... $0.50
For taking any affidavit, except in criminal cases....................................... .25
For searching records or files in his office, for each year (but no charge to be made to suitors or attorneys)................................................................ .50
For taking acknowledgment of any deed or other instrument, including the certificate.................................................................................................. 1.00
[3. The clerk shall not charge or collect any fees for services rendered by him to the State of Nevada or to Lincoln County, or in any criminal case, or in any habeas corpus proceeding.
[4. All fees collected by the county clerk under the provisions of this section shall be by him turned into the general fund of Lincoln County each month, except the court fee, concerning which other provision is made by law; and he may retain for his personal use such fees and compensation authorized by acts of Congress as are allowed for services performed by him in connection with the entry and final proofs relative to government lands, and in connection with naturalization papers.]
1. The county clerk of Lincoln County shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law ................................................................................................... $17.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................................... 10.00
For every additional defendant, appearing separately............ 5.00
On the filing of any paper in intervention................................................. 10.00
On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:
Where the stated value of the estate is more than $400 and less than $3,000......................................................................................... 15.00
Where the stated value of the estate is in excess of $3,000....... 25.00
Where the stated value of the estate is less than $400, no fee shall be collected.
On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.................................................................... 5.00On filing a petition to contest any will or codicil, to be paid by the petitioner...................................................................... $15.00
κ1957 Statutes of Nevada, Page 126 (CHAPTER 87, AB 284)κ
On filing a petition to contest any will or codicil, to be paid by the petitioner ................................................................................................... $15.00
On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion............................ 5.00
For issuing an execution or order of sale in any action......................... 1.00
For filing a notice of appeal and appeal bonds, each............................ 1.00
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage.................................................................................. 2.50
For any copy of any record, proceeding or paper on file in the office of the clerk:
When the copy is typed by him, per folio...................................... .20
When the copy is photostated, for the first page......................... .50
For each additional page photostated........................................ .50
For each certificate of the clerk, under the seal of the court................. .75
For filing remittitur from the supreme court............................................. 1.00
For recording judgment entered thereon, per folio................... .20
For issuing transcript of judgment and certifying thereto..................... 1.00
For filing and docketing abstract of judgment of a justices court....... 1.00
For issuing execution thereon....................................................... 1.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk 1.00
For comparing such copy with the original, per folio.............. .05
For filing and indexing articles of incorporation................................... 1.00
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement............................... 1.00
For filing and recording a bond of a notary public................................ 2.50
For administering each oath, without a certificate, except in a pending action or proceeding.......................................................................................... .50
For taking any affidavit, except in criminal cases................................... .50
For searching records or files in the office of the clerk, for each year. .50
For taking acknowledgments...................................................................... 1.00
For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.
For each name, where the certificate contains in excess of four names..................................................................................................... .25
2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
κ1957 Statutes of Nevada, Page 127 (CHAPTER 87, AB 284)κ
to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Lincoln County, or any city or town within Lincoln County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 259Messrs. Pozzi, Barnum, Vaughan, Schank, Palludan and Pasquale
CHAPTER 88
AN ACT to amend chapter 365 of NRS relating to motor vehicle fuel taxes by creating a new provision relating to refunds for bona fide farmers and ranchers, and other matters properly relating thereto.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 365 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. For the purposes of this section, bulk purchases means purchases in excess of 50 gallons which are not placed directly into the tanks of motor vehicles.
2. Any person determined by the tax commission to be a bona fide farmer or rancher, not engaged in other activities which would distort his highway usage, may claim a refund on the basis of 80 percent of his bulk purchases, without the necessity of maintaining records of use.
3. Any farmer or rancher desiring to claim a refund under the provisions of this section must first secure a permit from the tax commission, and such a permit shall bind the permittee to file claims for refunds under the provisions of this section until a request has been made for a change of basis for filing, which request has been approved by the tax commission.
4. The tax commission is empowered to issue reasonable rules and regulations to carry out the purposes of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 128κ
Assembly Bill No. 258Messrs. Pozzi, Barnum and Vaughan
CHAPTER 89
AN ACT to amend NRS section 396.370 relating to appropriations for support and maintenance of the University of Nevada.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.370 is hereby amended to read as follows:
396.370 1. The following money is hereby set aside and inviolably appropriated for the support and maintenance of the University of Nevada, and shall be paid out for the purposes designated by law creating the several funds:
(a) The interest derived from the investment of all moneys arising from the sale of the 90,000 acres of land granted to the State of Nevada by the Act of Congress entitled An Act donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and the Mechanic Arts, approved July 2, 1862 (c. 130, 12 Stat. 503).
(b) The interest derived from the investment of all moneys arising from the sale of the 72 sections of land granted to the State of Nevada by the Act of Congress entitled An Act concerning certain Lands granted to the State of Nevada, approved July 4, 1866 (c. 166, 14 Stat. 86), for the establishment and maintenance of a university.
(c) All money paid as interest on deferred installments on the purchase of lands named in this section which may be sold under contract as provided in NRS 321.240.
[(d) All money arising from an ad valorem tax of not to exceed 1 cent on each $100 of all taxable property in the State of Nevada, including net proceeds of mines and mining claims, for university purposes.]
2. Additional state maintenance and support of the University of Nevada shall be provided by direct legislative appropriation from the general fund, upon the presentation of budgets in the manner required by law.
________
Assembly Bill No. 247Mr. Evans
CHAPTER 90
AN ACT to amend NRS section 300.050 relating to the duties of the county clerk upon receipt of absent voters ballots.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 300.050 is hereby amended to read as follows:
300.050 1. Upon the receipt of the return ballot from the elector, any time [up to the closing of the polls an any election day,] prior to his delivery of ballots and supplies to election precincts pursuant to NRS 296.225, the county clerk shall:
κ1957 Statutes of Nevada, Page 129 (CHAPTER 90, AB 247)κ
his delivery of ballots and supplies to election precincts pursuant to NRS 296.225, the county clerk shall:
[1.] (a) In a book to be provided for the purpose, write in ink opposite the name of the voter the words Received .. sent to .. inspector of election .. precinct . County, Nevada.
[2.] (b) Send, by registered or certified mail or express if there be time, otherwise by accredited messenger if without additional expense to the county, 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.
2. Ballots which are received by the county clerk after the delivery of ballots and supplies to election precincts pursuant to NRS 296.225, but prior to the closing of the polls on any election day, shall be delivered to either of the special election boards provided in NRS 296.080. Upon receiving such ballots the clerk shall write in ink in the book referred to in paragraph (a) of subsection 1 the name of the elector, the date the ballot was received, and the board to which such ballot was delivered.
________
Assembly Bill No. 181Mr. Franklin
CHAPTER 91
AN ACT to amend NRS section 18.010 relating to compensation of attorneys, attorneys liens, costs and necessary disbursements allowed prevailing parties in civil actions.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 18.010 is hereby amended to read as follows:
18.010 1. The compensation of an attorney and counselor for his services is governed by agreement, express or implied, which is not restrained by law. From the commencement of an action, or the service of an answer containing a counterclaim, the attorney who appears for a party has a lien upon his clients cause of action or counterclaim which attaches to a verdict, report, decision or judgment in his clients favor and the proceeds thereof in whosesoever hands they may come, and cannot be affected by any settlement between the parties before or after judgment. There shall be allowed to the prevailing party in any action, or special proceeding in the nature of an action, in the supreme court and district courts, his costs and necessary disbursements in the action or special proceeding.
2. [In cases in which:
(a) The plaintiff does not seek recovery in excess of $1,000; or
(b) The defendant does not seek a recovery in excess of $1,000;
the court may, in its discretion, make an allowance of attorney fees to the prevailing party.] The court may make an allowance of attorneys fees to:
κ1957 Statutes of Nevada, Page 130 (CHAPTER 91, AB 181)κ
(a) The plaintiff as prevailing party when the plaintiff has not sought recovery in excess of $3,000; or
(b) The defendant as prevailing party when the defendant has not sought recovery in excess of $3,000; or
(c) The defendant as prevailing party when the plaintiff has not sought recovery in excess of $3,000.
________
Assembly Bill No. 177Committee on Judiciary
CHAPTER 92
AN ACT to amend chapter 146 of NRS relating to the support of the family of a deceased person by creating a new provision relating to transfer of personal property without probate proceedings in estates consisting of personal property not exceeding $1,000 in value.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 146 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When a decedent leaves no real property, nor interest therein nor lien thereon, in this state, and the total value of the decedents property in this state, over and above any amounts due to the decedent for services in the Armed Forces of the United States, does not exceed $1,000, the surviving spouse, the children, lawful issue of deceased children, the parent, the brother or sister of the decedent, or the guardian of the estate of any minor or insane or incompetent person bearing such relationship to the decedent, if such person has a right to succeed to the property of the decedent or is the sole beneficiary under the last will and testament of the decedent, may, 40 days after the death of decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to him upon furnishing the person, representative, corporation, officer or body owing the money, having custody of such property or acting as registrar or transfer agent of such evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive such money or property or to have such evidences transferred.
________
κ1957 Statutes of Nevada, Page 131κ
Assembly Bill No. 149Churchill County Delegation
CHAPTER 93
AN ACT to amend NRS section 710.140 relating to the control and management of county telephone systems by boards of county commissioners.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 710.140 is hereby amended to read as follows:
710.140 1. The control, management and conduct of any telephone line or system so purchased, acquired or constructed by any county shall be exercised by the board of county commissioners of such county.
2. The board of county commissioners shall have the right to employ such persons as may be necessary to carry on the business of the same and as may be required.
3. Notwithstanding the provisions of NRS 244.315 and 244.320, when exercising the powers herein granted, the board of county commissioners may, by resolution, dispense with the requirements of NRS 244.315 relating to advertisements for bids when the equipment or other property to be purchased for the use and benefit of the county telephone line or system can be supplied or furnished only by one supplier, contractor or manufacturer. The limitations and penalties contained in NRS 244.320 shall not apply to any contract let by the board of county commissioners for the purchase of such equipment or other property which can be supplied only by one supplier, contractor or manufacturer.
[3.] 4. It is expressly provided that no general or other statute shall limit or restrict the conduct and carrying on of such business by the board except as specifically set forth in this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 135Mr. Vaughan
CHAPTER 94
AN ACT to amend NRS section 266.020 relating to the signatures, contents and exhibits required in and to a petition for the incorporation of a city.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.020 is hereby amended to read as follows:
266.020 1. Whenever a majority of the qualified electors who are [taxpayers] the owners of real property within the limits of the city or town proposed to be incorporated, as shown by the last official registration lists and assessment roll, not embraced within the limits of any city or incorporated town, shall desire to be organized into a city or incorporated town, they may apply in writing to the district court of the proper county.
κ1957 Statutes of Nevada, Page 132 (CHAPTER 94, AB 135)κ
2. The application shall:
(a) Describe the territory to be embraced in such city or incorporated town.
(b) State the name proposed for such city or incorporated town.
(c) Have annexed thereto an accurate map or plat thereof, duly surveyed, and containing the streets and alleys.
(d) Be accompanied with:
(1) Satisfactory proof of the number of inhabitants within the territory embraced in the limits, for purposes of classification under the provisions of this chapter.
(2) An affidavit made by some person familiar with the facts that all of the names subscribed to the application or petition for incorporation were subscribed thereto not more than 90 days before the application or petition was presented to the district court.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 86Mr. Humphrey (by request)
CHAPTER 95
AN ACT to amend NRS section 354.350 relating to dates for the submission of city, town, municipality and school district budgets; to amend chapter 354 of NRS relating to financial administration by creating a new provision relating to the transfer of funds to meet immediate requirements, and other matters properly related thereto.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.350 is hereby amended to read as follows:
354.350 1. Between [February 1 and] March 1 and March 15 of each year, the governing board of each political subdivision shall prepare a budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of the political subdivision for the next fiscal year beginning the following July 1.
2. Whenever action to create a joint school district is completed prior to February 1 as provided by law, the persons who will constitute the first board of trustees of the joint school district on the following July 1 shall prepare the budget for the next fiscal year as required in this section.
3. If any governing board of a political subdivision is unable to complete its budget by [March 1,] March 15, a grace period of 2 weeks may be obtained within which to complete the budget if the governing board makes such a request to the Nevada tax commission prior to the due date of the budget, setting forth therein satisfactory reasons for such request.
4. Upon the failure of any governing board of a political subdivision to complete its budget by the due date or within the grace period, if such grace period has been obtained, the members of the governing board shall each be guilty of a misdemeanor in office.
κ1957 Statutes of Nevada, Page 133 (CHAPTER 95, AB 86)κ
Sec. 2. Chapter 354 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. A governing board of a political subdivision desiring to amend its regularly adopted budget for that fiscal year shall proceed in the following manner:
(a) A resolution shall be prepared which shall be read twice before the governing board, and no action shall be taken until after the second reading which must be at least 1 week after the first reading.
(b) The resolution shall be published once in a newspaper of general circulation within the county before it shall receive second reading.
(c) Upon adopting the resolution the governing board shall file a certified copy as an amendment to its budget with the Nevada tax commission.
2. No such amendment shall be accomplished wherein the proposed amended budget shall exceed the total amount of the budget initially filed for that fiscal year.
3. The procedure provided in this section shall not be considered an emergency loan and shall not be regulated by the provisions of NRS 354.410 to 354.460, inclusive.
________
Senate Bill No. 113Senator McGowan
CHAPTER 96
AN ACT to amend NRS section 19.250 relating to the fees of the county clerk of Pershing County, Nevada.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.250 is hereby amended to read as follows:
19.250 [1. The county clerk of Pershing County shall be allowed to charge and collect the following fees:
On the commencement of any action or proceeding in the district court (except a probate or guardianship proceedings), to be paid by the party commencing the action or proceeding, the fee to be paid in addition to the court fee of $3 now provided by law.............................................................................. $7.00
On an appeal to the district court, to be paid by the party taking such appeal, the fee to be paid in addition to the court fee of $1 now provided by law 7.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them .................................................................................................. 5.00
For every additional defendant, or intervener appearing separately .............................................................................................. 2.50
The foregoing fees shall be in full for all services rendered by such clerk in the case, to and including the making up of the judgment roll.
κ1957 Statutes of Nevada, Page 134 (CHAPTER 96, SB 113)κ
On the filing of a petition for letters testamentary, or of administration, or guardianship, to be paid by the petitioner, the fee to be paid in addition to the court fee of $1.50 now provided by law........................................ $8.50
And at the time of filing the inventory and appraisement in any such proceeding there shall be an additional deposit of 50 cents for each $1,000, or major fraction thereof, of the appraised value.
On filing a petition to contest any will or codicil, to be paid by the petitioner 5.00
On the filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk, in full for all services to be rendered in connection with the motion.................... 2.50
For all services performed in an action or proceeding which has been transferred from the district court of another county, the fee to be in full for all services rendered in such suit so transferred, to and including the making of the judgment roll............................................................................................ 10.00
For filing remittitur from supreme court....................................................... .50
For services performed and all papers filed in proceedings to perpetuate testimony.................................................................................................. 5.00
For filing objections or cross-petitions to the appointment of an executor, administrator or guardian, or objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving or objecting party..................................................................... 2.50
For issuing an execution or order of sale in any action............................ 1.00
For filing a notice of appeal and appeal bonds, each................................ 1.00
[2. The clerk shall also be entitled to charge and collect the following fees and compensation not provided for in subsection 1:
For any copy of any record, proceeding or paper on file in the office of the clerk relating to any civil action theretofore tried or pending in the court, when such copy is made by him, per folio..................................................... .20
For each certificate of the clerk under seal of the court............................ .50
[3. For services rendered by the clerk, not in connection with civil actions or proceedings in the court, he shall be entitled to charge and collect the following fees:
For issuing marriage licenses, one-half to be paid to the county recorder 2.00
For filing and indexing articles of incorporation........................................ 2.50
For filing, indexing and registering certificates of copartnership............ 2.50
For filing and indexing all papers kept by him, other than papers filed in actions and proceedings in court, and official bonds and certificates of appointment, each........................................................................................................... 1.00
For issuing any licenses required by law, other than marriage licenses 1.00
[4. No fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.
κ1957 Statutes of Nevada, Page 135 (CHAPTER 96, SB 113)κ
services rendered in any criminal case. The clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or to Pershing County.]
1. The county clerk of Pershing County shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, except probate proceedings, or on an appeal thereto, to be paid by the party commencing the action or proceeding, or taking such appeal, the fee to be in addition to the $3 court fee and $15 state civil fee as provided by law ................................................................................................... $17.00
On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them........................................................................................................... 10.00
For every additional defendant, appearing separately............ 5.00
On the filing of any paper in intervention................................................. 10.00
On the filing of a petition for letters testamentary or of administration or guardianship, to be paid by the petitioner, which fee shall include the court fee of $1.50 as provided by law:
Where the stated value of the estate is more than $400 and less than $3,000........................................................................................................... 15.00
Where the stated value of the estate is in excess of $3,000............. 25.00
Where the stated value of the estate is less than $400, no fee shall be collected.
On the filing of objections or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving party or party objecting, other than the filing of a petition to contest any will or codicil.................................................................... 5.00
On filing a petition to contest any will or codicil, to be paid by the petitioner ..................................................................................................... 15.00
On filing of any notice of motion to move for a new trial of any civil action or proceeding, the party filing the same shall pay to the clerk in full for all services rendered in connection with the motion............................ 5.00
For issuing an execution or order of sale in any action......................... 1.00
For filing a notice of appeal and appeal bonds, each............................ 1.00
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage.................................................................................. 2.50
For any copy of any record, proceeding or paper on file in the office of the clerk:
When the copy is typed by him, per folio...................................... .20
When the copy is photostated, for the first page......................... .75
For each additional page photostated........................................ .50For each certificate of the clerk, under the seal of the court............................................................................ $0.75
κ1957 Statutes of Nevada, Page 136 (CHAPTER 96, SB 113)κ
For each certificate of the clerk, under the seal of the court................. $0.75
For filing remittitur from the supreme court............................................. 1.00
For recording judgment entered thereon, per folio........................... .20
For issuing transcript of judgment and certifying thereto..................... 1.00
For filing and docketing abstract of judgment of a justices court....... 1.00
For issuing execution thereon....................................................... 1.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for the certificate of the clerk 1.00
For comparing such copy with the original, per folio.............. .05
For filing and indexing articles of incorporation................................... 1.00
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement........................................... 1.00
For filing and recording a bond of a notary public................................ 2.50
For administering each oath, without a certificate, except in a pending action or proceeding.......................................................................................... .50
For taking any affidavit, except in criminal cases................................... .50
For searching records or files in the office of the clerk, for each year. .50
For taking acknowledgments...................................................................... 1.00
For registering and indexing a certificate of fictitious name or designation, the fee provided in NRS 602.050.
For each name, where the certificate contains in excess of four names..................................................................................................... .25
2. All fees prescribed in this section shall be payable in advance if demanded by the county clerk.
3. The fees set forth in subsection 1 shall be in full for all services rendered by the county clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but such fees shall not include payment for typing, copying, certifying or exemplifying or authenticating copies.
4. The county clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada or Pershing County, or any city or town within Pershing County, or any officer thereof in his official capacity. No fee shall be charged any attorney and counselor at law admitted to practice in the State of Nevada for searching records or files in the office of the clerk. No fee shall be charged for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings.
5. All fees collected by the clerk pursuant to this section shall be paid over to the county treasurer on or before the first day of each month.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 137κ
Senate Bill No. 103Senators Lamb and Black
CHAPTER 97
AN ACT to amend NRS section 244.315 relating to advertisements for bids by county commissioners when expenditures under contracts exceed $1,000; to amend chapter 244 of NRS relating to county government by creating a new provision relating to expenditures by county commissioners without advertisement for bids in cases of emergency; and other matters properly relating thereto.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.315 is hereby amended to read as follows:
244.315 1. [In] Except as otherwise provided by law, in letting all contracts of any and every kind, character and description where the contract in the aggregate exceeds $1,000, the county commissioners shall advertise such contract or contracts to be let for 3 consecutive weeks in some newspaper. The notice shall state:
(a) The nature, character and object of the contract.
(b) If plans and specifications are to constitute part of the contract, where the same may be seen.
(c) Designate the time and place when and where the bids shall be received and opened.
(d) Such other matters as may properly pertain to giving notice of bids.
2. In case the contract is for constructing any public building, then the advertisement shall be in that newspaper published in the county which is nearest the selected location for such building. If there is no newspaper published in the county, then the advertisement shall be by posting notices of the same in five of the most conspicuous and public places in the county for the same period of time.
3. No contract shall be let within 20 days after the date of the first publication of the advertisement. All contracts shall be let to the lowest responsible bidder, subject to the provisions of NRS 244.310 to which this section is supplementary; but the provisions of this section shall not apply to contracts for the construction or repair of bridges, highways, streets or alleys where the same conflicts with other laws in relation to bridges, highways, streets or alleys.
Sec. 2. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding the provisions of NRS 244.315, in cases of emergency conditions created by flood, wind or other acts of God endangering lives and property, the board of county commissioners may let contracts of any and every kind, character and description, relating directly to the emergency, not exceeding in the aggregate $5,000, without the necessity of advertising for bids.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 138κ
Senate Bill No. 100Senator Brown
CHAPTER 98
AN ACT to amend NRS section 277.050 relating to sales, leases of real property between public agencies.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 277.050 is hereby amended to read as follows:
277.050 1. As used in this section, public agency includes the United States or a department or agency thereof, the State of Nevada or a department or agency thereof, a county, a public corporation and a public district.
2. Without a vote of the electors of a public agency first being had, the governing body thereof is authorized:
(a) To sell or exchange to another public agency any unused real property belonging to it, which, at the time of delivery of title or possession, is no longer required for public use by the selling or exchanging public agency.
(b) To lease to another public agency, for a term not exceeding 99 years, any unused real property belonging to it, which, at the time of delivery of possession, is no longer required for public use by the lessor public agency.
3. A sale or exchange may be:
(a) Negotiated without advertising for public bids.
(b) Made for cash [,] or property, or for part cash and property, or for part cash and terms of deferred payments secured by mortgage or deed of trust, but the purchasing public agency or exchanging public agencies shall pay or convey property worth an amount at least equal to the assessed value of the real property being conveyed [.] or exchanged. Funds derived from a sale shall be used for capital outlay.
4. A lease may be:
(a) Negotiated without advertising for public bids.
(b) Made for such consideration as may be authorized by action of the governing body of the lessor public agency.
5. Before ordering the sale, exchange or lease of any such property the governing body of a public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell or exchange the same, or a resolution declaring its intention to lease the same, as the case may be. The resolution shall:
(a) Describe the property proposed to be sold, exchanged or leased in such a manner as to identify it.
(b) Specify the minimum price, consideration or rent and the terms upon which it will be sold, exchanged or leased.
(c) Fix a time not less than 2 weeks thereafter for a public meeting of the governing body, at which meeting objections to the sale, exchange or lease may be made by the electors of the public agency.
6. Notice of the adoption of the resolution and of the time and place of the public meeting shall be published in a newspaper of general circulation published in the county in which the public agency or any part thereof is situated.
κ1957 Statutes of Nevada, Page 139 (CHAPTER 98, SB 100)κ
any part thereof is situated. The notice shall be published not less than twice, on successive days, the last publication to be not less than 7 days before the date of the public meeting.
7. Any resolution accepting a bid or any other form of acceptance of a bid by another public agency shall authorize and direct the chairman, president or other presiding officer of the governing body of the selling, exchanging or lessor public agency to execute a deed or lease and to deliver the same to the purchasing, exchanging or lessee public agency upon the performance and compliance by it of all the terms and conditions of the contract to be performed concurrently therewith.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 38Committee on Education and State University
CHAPTER 99
AN ACT authorizing and directing the superintendent of the Nevada state childrens home to sell certain real property owned by the Nevada state childrens home and situate in Lyon County; providing for a method of sale, a minimum sales price and the disposition of the proceeds thereof; and other matters properly related thereto.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state childrens home is hereby authorized and empowered to sell all or any part of that certain real property situate in the County of Lyon, State of Nevada, and more particularly described as follows, to wit:
Beginning at the Southeast corner of the intersection of West Street and Snyder Avenue, in the Ish Addition, thence South along the East line of West Street 212 feet to the place of beginning; thence first course South, along the said East line of West Street, 50 feet; thence at right angles East 140 feet to an alley 20 feet wide; thence third course North along the West side of said alley, 50 feet; thence fourth course at right angles West 140 feet to the place of beginning.
Said premises being further described as the South half of Lot No. 18 in Block 132, Ish Addition to the City of Yerington, according to the plat thereof on file in the office of the County Recorder of Lyon County, Nevada.
Sec. 2. The above-described parcel of land shall be sold at public sale, with reasonable notice thereof, at not less than $3,500.
Sec. 3. The superintendent of the Nevada state childrens home shall transmit the net proceeds received from the sale of the property described in section 1 of this act to the state treasurer, who shall deposit such moneys in the state childrens home fund to be designated solely for the use of 4-H club projects or other like succeeding projects of the Nevada state childrens home.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 140κ
Senate Bill No. 20Committee on Aviation, Transportation and Highways
CHAPTER 100
AN ACT to amend NRS section 37.100 relating to the occupancy of premises after commencement of condemnation proceedings.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 37.100 is hereby amended to read as follows:
37.100 1. The plaintiff may move the court or a judge thereof, at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant, if he is a resident of the county, or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the action, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature.
2. The court or a judge thereof shall take proof by affidavit or otherwise, of the value of the premises sought to be condemned and of the damages which will accrue from the condemnation, and of the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties.
3. If the motion is granted, the court or judge shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the same may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages, in case the property is condemned, and to pay all damages arising from occupation before judgment in case the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification. The amounts fixed shall be for the purpose of the motion only, and shall not be admissible in evidence on final hearing.
4. The court or judge may also, pending the action, restrain the defendant from hindering or interfering with the occupation of the premises and the doing thereon of the work required for the easement [.] , fee, or property rights.
5. The provisions of this section requiring the execution and filing of a bond shall not apply in any action or proceeding in which the State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada is hereby pledged as security in lieu of the bond.
________
κ1957 Statutes of Nevada, Page 141κ
Senate Bill No. 60Committee on State Institutions
CHAPTER 101
AN ACT to amend chapter 433 of NRS relating to the Nevada state hospital by creating a new provision relating to transfer of patients to veterans hospitals and facilities; to amend NRS sections 433.200, 433.240, 433.300, 433.320, 433.530 and 433.550 relating to commitment, transfer and release of patients of the Nevada state hospital.
[Approved March 14, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.200 is hereby amended to read as follows:
433.200 1. The judge of the district court in each judicial district, upon the application of any person under oath setting forth that any person is mentally ill, shall cause the person alleged to be mentally ill to be brought before him at such time and place as he may direct. The judge may direct the clerk of the court to issue subpenas for the attendance of witnesses at the examination of the person.
2. Persons alleged to be mentally ill shall be given professional examinations by two licensed practicing physicians authorized to practice medicine in Nevada, one of whom shall be a qualified psychiatrist whenever available. Such examinations shall be given within a period of 3 days prior to the hearing, and the physicians shall testify to the court as to the mental condition of the patient and other matters relating to the alleged illness. If the person alleged to be mentally ill is a veteran of the Armed Forces of the United States such examinations may be given by physician employees of the United States Veterans Administration.
3. The judge shall interview the person prior to commitment, unless the interview is waived for cause upon a physicians certificate.
4. If the physicians, after careful examination, shall certify upon oath that the charge is correct, and if the judge is satisfied that such person is mentally ill, and is unable to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, or children, of sufficient means and ability to provide properly for such care and support, he shall cause the person to be conveyed to the Nevada state hospital, at the expense of the state, and shall place the person in the charge of the superintendent of the hospital. A copy of the complaint, commitment, physicians certificate, and a full and complete transcript of the notes of the official reporter made at the examination of the person before the committing judge shall accompany the person when he is conveyed to the hospital.
Sec. 2. NRS 433.240 is hereby amended to read as follows:
433.240 Temporary commitment to the hospital may be made under the following circumstances:
1. At such times as the district judge for a particular county may not be available, the emergency hospitalization of a person who suddenly becomes acutely ill mentally, from any cause other than as a result of excessive use of alcohol, habituating drugs or opiates, may be authorized by two physicians within the county, who shall certify under oath the need for immediate admission [, and the county clerk, who shall order the patient committed] and commitment of the patient as an emergency patient for a period of not more than 10 days.
κ1957 Statutes of Nevada, Page 142 (CHAPTER 101, SB 60)κ
authorized by two physicians within the county, who shall certify under oath the need for immediate admission [, and the county clerk, who shall order the patient committed] and commitment of the patient as an emergency patient for a period of not more than 10 days. The [order] certificate committing any person who is a patient in a general hospital shall be accompanied by a clinical abstract including a history of illness, diagnosis, treatment and the names of relatives or correspondents. A copy of such certificate shall forthwith be delivered to the county clerk. No person charged with a crime shall be committed pursuant to this subsection.
2. When a person charged with a [felony] crime other than homicide is believed to be mentally ill, the district court having jurisdiction may order his temporary commitment for examination and report, which commitment shall continue until the further order of the court or until completion of the examination and report of the hospital.
Sec. 3. NRS 433.300 is hereby amended to read as follows:
433.300 1. The superintendent is authorized to receive and care for mentally deficient, noneducable children of the State of Nevada over 2 years of age at state expense when:
(a) Properly committed to the hospital; or
(b) Admission of children not over the age of 21 years is requested by a parent, parents or guardian upon application and proof to the superintendent.
2. A minor child over 2 years of age may be received, cared for and examined without commitment, if such examination is ordered by a juvenile court having jurisdiction of the minor in accordance with the provisions of paragraph (c) of subsection 1 of NRS 62.200, in which event the superintendent shall report the result of the examination to the juvenile court and shall detain the child until the further order of the court, but not to exceed 15 days after the superintendents report. When the child is found to be without specific mental disorder or is considered educable, the child shall not be detained at the hospital, but shall be released to such authority as the juvenile court may order.
Sec. 4. NRS 433.320 is hereby amended to read as follows:
433.320 1. Whenever a convict, while undergoing imprisonment in the Nevada state prison, shall become mentally ill, and be so adjudged by a court as in other cases of mental illness, the warden shall deliver such convict to the superintendent of the hospital, for detention and treatment therein.
2. The superintendent of the hospital shall receive such mentally ill convict and safely keep him, and, if the superintendent determines such convict to be cured or relieved of such mental illness before the expiration of his sentence to prison, the superintendent shall deliver him at the hospital to the warden thereof [,] or his representative, who shall retain such convict therein for the unexpired term of his sentence, unless the convict shall be released by order of the state board of pardons and parole commissioners.
3. An escape from the hospital by any convict therein shall be deemed an escape from the state prison and shall be punished as such.
κ1957 Statutes of Nevada, Page 143 (CHAPTER 101, SB 60)κ
Sec. 5. NRS 433.530 is hereby amended to read as follows:
433.530 The superintendent may authorize the transfer of a committed patient to a general hospital for necessary diagnostic, medical or surgical services not available at the Nevada state hospital. The expense of diagnostic, medical and surgical services furnished by persons not on the hospital staff, and hospitalization incidental and necessary thereto, shall be paid by those made responsible for such patients care under the order of commitment, or, in the case of an indigent patient, shall be a charge upon the county from which the commitment was made, if the indigent prior to commitment had been a resident of that county for more than 1 year.
Sec. 6. Chapter 433 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The superintendent may authorize the transfer to a United States Veterans Administration hospital or facility of any committed patient eligible for treatment therein.
Sec. 7. NRS 433.550 is hereby amended to read as follows:
433.550 1. At any time the superintendent may discharge any patient who in his opinion has recovered from his mental illness, or is a dotard and not mentally ill, or who is a person who in the judgment of the superintendent will not be detrimental to the public welfare or injurious to himself.
2. No committed indigent patient shall be discharged except upon 10 days written notice being first given to the county clerk of the county from which such patient was committed.
3. An indigent person discharged as having recovered from his mental illness, but having a residual medical or surgical disability which prevents him from obtaining or holding remunerative employment, shall be returned to the county from which he was committed. The superintendent shall first give notice in writing, not less than 10 days prior to discharge, to the board of county commissioners of the county. Delivery of the discharged person shall be made to an individual or agency designated by the board of county commissioners or county welfare department.
4. Nothing contained in this section shall authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.
5. The superintendent shall not discharge a patient known to have exhibited physical violence toward persons or property immediately prior to commitment and who was committed subject to further order of the court, without first giving notice in writing, not less than 10 days prior to discharge, to the court or judge who ordered such patient committed.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 144κ
Assembly Bill No. 4Mr. Von Tobel
CHAPTER 102
AN ACT to amend NRS section 3.010 relating to judicial districts and the number of district judges by creating a fourth office of district judge in the eighth judicial district; providing the manner of filling the vacancy so created; and other matters properly relating thereto.
[Approved March 16, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 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.] judicial district there shall be three judges elected. For the eighth judicial district there shall be four judges elected.
3. Whenever a vacancy shall occur in the office of any district judge it shall be filled as provided by law.
Sec. 2. The enactment of this amendatory act shall create a vacancy in the office of district judge in the eighth judicial district, which vacancy shall be filled by appointment by the governor for the time and in the manner provided in NRS 3.080.
Sec. 3. This act shall become effective on July 1, 1957.
________
κ1957 Statutes of Nevada, Page 145κ
Senate Bill No. 45Senator Lovelock
CHAPTER 103
AN ACT to amend NRS section 686.420 relating to unfair methods of competition and unfair and deceptive acts or practices of insurance companies.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 686.420 is hereby amended to read as follows:
686.420 The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:
1. Making, issuing, circulating, or causing to be made, issued or circulated, any estimate, illustration, circular or statement making any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or making any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates.
2. Making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio station or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.
3. Entering into any agreement to commit, or by any concerted action committing, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of or monopoly in the business of insurance.
4. Filing with any supervisory or other public official, or making, publishing, disseminating, circulating or delivering to any person, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false statement of financial condition of an insurer with intent to deceive.
5. Making any false entry in any book, report or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to report or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, willfully omitting to make a true entry of any material fact pertaining to the business of such insurer in any book, report or statement of such insurer.
6. To require, directly or indirectly, or through any trustee, director, officer, agent or other employee of affiliate, as a condition precedent to financing the purchase of real or personal property or of lending money on the security of real or personal property, or for any renewal or extension of any such loan, or for the performance of any other act in connection therewith, that any person negotiate any insurance or renewal thereof covering such property through a particular insurance agent, broker or company.
κ1957 Statutes of Nevada, Page 146 (CHAPTER 103, SB 45)κ
lending money on the security of real or personal property, or for any renewal or extension of any such loan, or for the performance of any other act in connection therewith, that any person negotiate any insurance or renewal thereof covering such property through a particular insurance agent, broker or company. This subsection shall not prevent the exercise by any such person, firm, corporation, trustee, director, officer, agent or employee of his or its right to approve or disapprove of the insurance company selected to underwrite the insurance on the basis of financial stability.
[6.] 7. Any violation of NRS 686.150, 686.160, 690.040, 690.050 or 692.100.
________
Senate Bill No. 24Senator Lovelock
CHAPTER 104
AN ACT to amend chapter 682 of NRS relating to domestic insurance companies by creating new provisions relating to suspension of licenses.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 682 of NRS is hereby amended by adding thereto the provisions set forth as section 2 of this act.
Sec. 2. 1. The commissioner may suspend the license of any domestic insurance company whenever he finds that such company willfully and knowingly engages in any of the following practices:
(a) Refuses or neglects to pay a valid final judgment against such company within 30 days after the rendition of such judgment.
(b) Violates any insurance law of this state which may affect the public interest or violates its charter, or exceeds its corporate powers in this state.
(c) Refuses to submit its books, papers, accounts, records, or affairs to the reasonable inspection or examination of the commissioner, his deputies, examiners or other official representative.
(d) Has an officer who refuses upon reasonable demand to be examined under oath relative to the affairs of the company.
(e) Fails or refuses to file its annual statement within 30 days after the date when it is required by law to file such statement.
(f) Fails to pay any taxes, fees or charges prescribed by this chapter within 30 days after they are due and payable, except that in case of objection or legal contest the company shall not be required to pay the tax until 30 days after the final disposition of the objection or legal contest.
(g) Fails to file any report for the purpose of enabling the commissioner to compute the taxes to be paid by such company within 30 days after the date when it is required by law to file such report.
(h) Has all its risks reinsured in their entirety in another company.
2. Except for the grounds stated in paragraph (f) of subsection 1, the commissioner shall not suspend the license of a domestic company until he has afforded the company an opportunity for a hearing following 10 days notice of the proposed suspension stating the grounds therefor.
κ1957 Statutes of Nevada, Page 147 (CHAPTER 104, SB 24)κ
until he has afforded the company an opportunity for a hearing following 10 days notice of the proposed suspension stating the grounds therefor.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 13Senator Lovelock
CHAPTER 105
AN ACT to amend NRS 685.100 relating to nonresident insurance adjusters.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 685.100 is hereby amended to read as follows:
685.100 1. On behalf of, and as authorized by, an insurer for which he is licensed as an agent, an agent may from time to time act as an adjuster without being required to be licensed as an adjuster; but:
(a) No agent may act as an adjuster for a company with whom he has a retrospective contract on losses incurred under policies written by him.
(b) No agent may be concurrently licensed as an agent and an adjuster or vice versa.
2. No license shall be required of a nonresident independent adjuster for the adjustment in this state of a single loss or for the adjustment of losses arising out of a catastrophe common to all such losses.
3. A nonresident adjuster, licensed in good standing in a state which will permit residents of Nevada to act as adjusters in such other state, and whose place of business in such other state is within 50 miles of the boundaries of this state, may be granted a nonresident adjusters license upon:
(a) Posting a bond to the State of Nevada in the penal sum of $5,000; and
(b) Paying an annual license fee of $10 to the commissioner.
________
Senate Bill No. 12Senator Lovelock
CHAPTER 106
AN ACT to amend NRS section 687.060 relating to receivership of domestic insurance companies; to repeal NRS section 687.050 relating to receivership of domestic insurance companies.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 687.060 is hereby amended to read as follows:
687.060 [Except as otherwise provided in NRS 687.050, no] No order, judgment or decree enjoining, restraining or interfering with the prosecution of the business of any company or for the appointment of a temporary or permanent receiver of a domestic company shall be made or granted otherwise than upon the petition of the commissioner represented by the attorney general as provided in this chapter; but a judgment creditor may commence an action for the enforcement and protection of his judgment or institute proceedings supplementary to execution against any such debtor company, giving 30 days notice to the commissioner of his intention so to do, and in any such action or proceeding the court may appoint a receiver for the purposes thereof as the court may deem necessary.
κ1957 Statutes of Nevada, Page 148 (CHAPTER 106, SB 12)κ
order, judgment or decree enjoining, restraining or interfering with the prosecution of the business of any company or for the appointment of a temporary or permanent receiver of a domestic company shall be made or granted otherwise than upon the petition of the commissioner represented by the attorney general as provided in this chapter; but a judgment creditor may commence an action for the enforcement and protection of his judgment or institute proceedings supplementary to execution against any such debtor company, giving 30 days notice to the commissioner of his intention so to do, and in any such action or proceeding the court may appoint a receiver for the purposes thereof as the court may deem necessary.
Sec. 2. NRS 687.050 is hereby repealed.
________
Senate Bill No. 28Senator Leutzinger
CHAPTER 107
AN ACT to amend NRS section 62.040 relating to the exclusive original jurisdiction of juvenile courts.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except as otherwise provided in this chapter, the court shall have exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county:
(1) Whose parent or other person legally responsible for the care and support of such child neglects or refuses, when able so to do, to provide proper or necessary support or education as required by law, or medical, surgical or other care necessary for his well-being; or who is abandoned by his parent or other custodian; or who is otherwise without proper care, custody or support.
(2) Whose occupation, behavior, environment or associations are injurious to his welfare.
(3) Who deserts his home or who is habitually disobedient or beyond the control of his parent or other custodian.
(4) Who, being required by law to attend school, habitually and willfully violates rules thereof or absents himself therefrom.
(5) Who violates any state law or municipal ordinance, or any other rule or regulation having the force of law.
(b) Concerning any person over the age of 18 years and under the age of 21 years charged with having violated any provision of subparagraph (5) of paragraph (a) prior to having become 18 years of age. Such a minor shall be dealt with under the provisions of this chapter relating to children.
(c) For the care or commitment to an institution of a mentally defective or mentally disordered child.
2. Nothing contained in this chapter shall deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.
κ1957 Statutes of Nevada, Page 149 (CHAPTER 107, SB 28)κ
corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.
3. Nothing contained in this chapter shall deprive justices courts of original jurisdiction to try matters involving misdemeanor actions involving violations of chapters 482 to 486, inclusive, of NRS, nor shall the provisions of this chapter deprive municipal courts of original jurisdiction to try matters involving violation of municipal ordinances concerning operation of motor vehicles. In each such case, however, upon request of the childs parent or guardian, prior to hearing of the matter in the justices court or municipal court, the matter shall be referred to the juvenile division of the district court.
________
Assembly Bill No. 321Mr. Godbey, Miss Herr, Messrs. Byrne, Ryan, Franklin, Christensen (Clark) and Leavitt
CHAPTER 108
AN ACT to amend chapters 244, 268 and 277 of NRS relating to county government, powers and duties common to cities incorporated under general or special laws and cooperative agreements between public agencies by creating new provisions relating to the authorization of governing boards of incorporated cities and boards of county commissioners in this state, by ordinance, to regulate, control and prohibit, as a public nuisance, excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases; authorizing cooperative agreements between counties and cities concerning smoke control and air pollution; and other matters properly relating thereto.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The boards of county commissioners of the various counties of this state are granted the power and authority, by ordinance regularly enacted, to regulate, control and prohibit, as a public nuisance, the excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases within the boundaries of the county.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In addition to any authority or power provided by the charter of any incorporated city in this state, whether incorporated by general or special act, or otherwise, there is granted to the governing body of each of the cities incorporated under any law of this state the power and authority, by ordinance regularly enacted, to regulate, control and prohibit, as a public nuisance, the excessive emission of dense smoke and air pollution caused by excessive soot, cinders, fly ash, dust, noxious acids, fumes and gases within the corporate limits of the city.
Sec. 3. Chapter 277 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1957 Statutes of Nevada, Page 150 (CHAPTER 108, AB 321)κ
The boards of county commissioners of the various counties of this state and the governing bodies of any incorporated cities in the counties are authorized and empowered to enter into cooperative agreements with each other for the joint use of county and city personnel, equipment and facilities, upon such terms and conditions, and within such areas within the county as may be determined, for the promotion and protection of the health of the inhabitants of the county and city through the regulation, control and prohibition of the excessive emission of dense smoke and air pollution.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 311Committee on Judiciary
CHAPTER 109
AN ACT to amend NRS section 125.120 relating to granting a divorce to party least at fault.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 125.120 is hereby amended to read as follows:
125.120 In any action for divorce when it shall appear to the court that both husband and wife have been guilty of a wrong or wrongs, which may constitute grounds for a divorce, the court shall not for this reason deny a divorce, but in its discretion may grant a divorce to the party least in fault [.] if both parties seek a divorce, otherwise to the party seeking the divorce.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 219Clark County Delegation
CHAPTER 110
AN ACT to amend chapter 247 of NRS relating to county recorders by creating a new provision relating to filing instruments.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 247 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. County recorders may record any instrument, document, paper or notice authorized, entitled or required by law to be filed, when deposited or presented for filing.
2. The following acts shall be deemed equivalent to filing:
(a) Recording.
(b) Recording and microfilming such instrument, document, paper or notice by county recorders in counties having microfilm equipment.
________
κ1957 Statutes of Nevada, Page 151κ
Assembly Bill No. 138Committee on State Institutions
CHAPTER 111
AN ACT to amend NRS section 333.490 relating to procurement of federal donable surplus property for certain institutions; and to amend chapter 333 of NRS relating to the State Purchasing Act by creating a new provision relating to authorizations to secure transfer of federal surplus property to state departments, agencies or political subdivisions.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.490 is hereby amended to read as follows:
333.490 1. The director is authorized and directed to do all things necessary to secure, warehouse and distribute throughout the state federal donable surplus property to tax-supported or nonprofit schools and other health and educational institutions [throughout the state.] , to civil defense organizations, and to such other institutions or activities as may now be or hereafter become eligible under federal law to acquire such property. The director is authorized to make such certifications, take such action and enter into such contracts and undertakings for and in the name of the state as may be authorized or required by federal law or regulations in connection with the receipt, warehousing and distribution of federal donable surplus property received by him. He is further authorized to adopt, amend or rescind such rules and regulations, prescribe such requirements, and take such action as he may deem necessary to assure maximum utilization by and benefit to eligible institutions and organizations from such federal donable surplus property. He shall make a charge to the schools and institutions receiving donable surplus property secured through the department, such charge to be a percentage of the acquisition cost or of the fair value of the item requested sufficient to repay in portion or in entirety the transportation and other costs incurred in acquisition of the property in question.
2. The director is authorized to discontinue temporarily or terminate entirely such donable surplus property operation at any time when there is not sufficient flow of such property to make continued employment of personnel for this purpose beneficial to the state.
Sec. 2. Chapter 333 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any provision of law to the contrary notwithstanding, the governing board or, if there be none, the executive head of any state department or agency or any political subdivision of the state may, by order or resolution, confer upon any officer or employee thereof authority to secure the transfer to it of federal donable surplus property under this chapter and agree on behalf of the state or political subdivision to comply with the terms and conditions of such transfers.
2. The authority conferred upon any such officer or employee by any such order or resolution shall remain in effect unless and until the order or resolution is revoked and written notice of such revocation has been received by the director.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 152κ
Senate Bill No. 68Senators Seevers, Brown, Whitacre and Lattin
CHAPTER 112
AN ACT to amend NRS section 78.175 relating to revocation of charters of defaulting corporations.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.175 is hereby amended to read as follows:
78.175 1. On or before October 15 of each year, the secretary of state shall file with the governor a complete list of all defaulting corporations, together with the amount of the filing fee, penalties and costs remaining unpaid.
2. [For at least 10 days prior to the 1st Monday in November following, the governor shall publish such list in the newspaper designated to do the official advertising required by the State of Nevada,] The governor shall cause such list to be published five times in the week prior to the 1st Monday in November following, in a newspaper published in Carson City, Nevada, and shall append to such list, and publish therewith, his proclamation to the effect:
(a) That unless the filing fee owing by such corporation, together with the penalties and all costs, shall be paid to the secretary of state, on or before 12 m. of the 1st Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and costs to the State of Nevada, and shall also forfeit its right to carry on business within the state; and
(b) That the charters of all defaulting domestic corporations will be revoked unless payment is made as aforesaid.
[Publication shall be and constitute a part of the official advertising for the State of Nevada and the newspaper shall not receive any compensation therefor.]
3. Immediately after the 1st Monday in March the governor shall file with the secretary of state a full and complete list containing the names of all corporations whose right to do business has been annulled and whose charters have been revoked. The secretary of state shall forthwith notify the several county clerks in whose offices the articles of incorporation which have been forfeited are on file and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its charter. In case of a reinstatement as provided in NRS 78.180, the secretary of state shall also notify immediately the county clerks of such fact.
4. In case of forfeiture of the charter and of the right to transact business thereunder, all the property and assets of the defaulting domestic corporation shall be held in trust by the directors of such corporation as in cases of insolvent corporations, and the same proceedings may be had with respect thereto as are applicable to insolvent corporations. Any person interested may institute such proceedings at any time after a forfeiture has been declared as herein provided, but in case the governor shall reinstate the charter the proceedings shall at once be dismissed and all property restored to the officers of the corporation.
κ1957 Statutes of Nevada, Page 153 (CHAPTER 112, SB 68)κ
at once be dismissed and all property restored to the officers of the corporation.
5. In case the assets are distributed they shall be applied as follows:
(a) To the payment of the filing fee, penalties and costs due to the state;
(b) To the creditors of the corporation; and
(c) Any balance remaining shall be distributed among the stockholders.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 122Committee on Banks, Banking and Corporations
CHAPTER 113
AN ACT to amend chapter 226 of NRS relating to the state treasurer by creating a new provision relating to the state treasury.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 226 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All moneys, funds and property of the State of Nevada, in the custody and control of the state treasurer or his office by virtue of his official position as state treasurer, are hereby designated as the state treasury of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 225Committee on Judiciary
CHAPTER 114
AN ACT to amend chapter 354 of NRS relating to county, municipal and district financial administration by creating a new provision relating to the preparation of tentative budgets of counties and hearings thereon; to amend NRS section 354.360 relating to tentative budgets of cities, towns, municipalities and school districts and hearings thereon; to repeal NRS sections 354.050 and 354.390 relating to the publication of estimates, valuation and tax rates of counties, cities, towns, municipalities and school districts; and other matters properly relating thereto.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Before the completion and approval of the budget, when the board of county commissioners has prepared, in the form provided in NRS 354.030, a tentative budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of the county for the next fiscal year beginning the following July 1, the board of county commissioners shall hold a public hearing on such tentative budget, at which hearing any person may appear and object to the tentative budget or any item thereof.
κ1957 Statutes of Nevada, Page 154 (CHAPTER 114, AB 225)κ
in NRS 354.030, a tentative budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of the county for the next fiscal year beginning the following July 1, the board of county commissioners shall hold a public hearing on such tentative budget, at which hearing any person may appear and object to the tentative budget or any item thereof.
2. The board of county commissioners shall cause a notice of the public hearing to be published once, at least 10 days prior to the date set for such hearing, in some newspaper published within the county, but it no such newspaper is published within the county then in some newspaper published in the State of Nevada and having a general circulation in the county.
3. The notice shall:
(a) State the time and place of public hearing.
(b) Contain a statement of the items and amounts of the tentative budget.
(c) Contain a statement that copies of the tentative budget and supporting detail are available for inspection and on file with the county clerk.
Sec. 2. NRS 354.360 is hereby amended to read as follows:
354.360 1. [After February 1, and 15 days before] Before the completion and approval of the budget, when the governing board of [trustees of a school district] each political subdivision has prepared, in the form provided in NRS 354.370, a tentative budget of the amount of money estimated to be necessary to pay the expenses of conducting the public business of the [school district] political subdivision for the next fiscal year starting the following July 1, the governing board [of trustees] shall hold a public hearing on such tentative budget, at which hearing any person may appear and object to the tentative budget or any item thereof.
2. The governing board [of trustees] shall cause a notice of the public hearing to be published once, at least 10 days prior to the date set for such hearing, in some newspaper published within the [school district,] political subdivision, but if no such newspaper is published within the [school district] political subdivision then in some newspaper published in the State of Nevada and having a general circulation in the [school district.] political subdivision. [The cost of publication of the notice shall be a proper charge against the school district fund.]
3. The notice shall:
(a) State the time and place of the public hearing.
(b) Contain a statement of the items and amounts of the tentative budget.
(c) Contain a statement that copies of the tentative budget and supporting detail are available for inspection and on file with the clerk of the political subdivision.
Sec. 3. NRS 354.050 and 354.390 are hereby repealed.
________
κ1957 Statutes of Nevada, Page 155κ
Assembly Bill No. 134Committee on Judiciary
CHAPTER 115
AN ACT to amend NRS section 133.170 relating to the rights of children and grandchildren who are not mentioned in a testators will to share in his estate.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 133.170 is hereby amended to read as follows:
133.170 When any testator shall omit to provide in his or her will for any of his or her children [,] or for the issue of any deceased child, [unless it shall appear that the omission was intentional, the child, or the issue of the child, shall have the same share in the estate of the testator as if he or she had died intestate.] it shall be presumed that the omission was intentional. Should the court find that the omission was unintentional, such child, or the issue of any deceased child, shall have the same share in the estate of the testator as if he or she had died intestate.
________
Senate Bill No. 11Senator Whitacre
CHAPTER 116
AN ACT to amend chapter 533 of NRS relating to appropriation of public waters by creating new provisions relating to appropriation of water from interstate streams.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 533 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Upon any stream flowing across the state boundary, an appropriation of water in this state for beneficial use in another state may be made only when, under the laws of the latter, water may be lawfully diverted therein for beneficial use in this state.
Sec. 3. Upon any stream flowing across the state boundary, a right of appropriation having the point of diversion and the place of use in another state and recognized by the laws of that state shall have the same force and effect as if the point of diversion and the place of use were in this state if the laws of that state give like force and effect to similar rights acquired in this state.
________
κ1957 Statutes of Nevada, Page 156κ
Assembly Bill No. 246Mr. Von Tobel
CHAPTER 117
AN ACT to amend NRS section 176.330 relating to the period of probation or suspension of a sentence imposed by a court, the arrest of defendants for violations of conditions of probation, the execution of the sentence and the return of violators; and other matters properly relating thereto.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.330 is hereby amended to read as follows:
176.330 1. The period of probation or suspension of sentence may be indeterminate or may be fixed by the court and may at any time be extended or terminated by the court. Such period with any extensions thereof shall not exceed 5 years.
2. At any time during probation or suspension of sentence, the court may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the defendant to be arrested. Any parole and probation officer or any peace officer with power to arrest may arrest a probationer without a warrant, or may deputize any other officer with power to arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the parole and probation officer, violated the conditions of probation. The parole and probation officer, or the peace officer, after making an arrest shall present to the detaining authorities a statement of the circumstances of violation. The parole and probation officer shall at once notify the court of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation. Thereupon, or upon an arrest by warrant as herein provided, the court, or such other court to which the case may have been assigned, shall cause the defendant to be brought before it, and may continue or revoke the probation or suspension of sentence, and may cause the sentence imposed to be executed.
3. The necessary expenses of returning to the State of Nevada a person arrested for violation of parole or probation shall be a charge upon the State of Nevada, and shall be paid by the parole and probation officer under the direction of the state board of pardons and parole commissioners, in the same manner as that in which other claims against the state are paid, from any funds appropriated and set aside for that purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 157κ
Assembly Bill No. 180Mr. Franklin
CHAPTER 118
AN ACT to amend NRS sections 311.130 and 311.200 relating to the general powers of water and sanitation districts and the liability of property therein with respect to boundary changes.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 311.130 is hereby amended to read as follows:
311.130 For and on behalf of the district the board shall have the following powers:
1. To have perpetual existence.
2. To have and use a corporate seal.
3. To sue and be sued, and be a party to suits, actions and proceedings.
4. Except as otherwise provided in this chapter, to enter into contracts and agreements affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities. Except in cases in which a district will receive aid from a governmental agency, a notice shall be published for bids on all construction contracts for work, or material, or both, involving an expense of $5,000 or more. The district may reject any and all bids, and if it shall appear that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do.
5. To borrow money and incur indebtedness and evidence the same by certificates, notes or debentures and to issue bonds, in accordance with the provisions of this chapter.
6. To acquire, dispose of and encumber real and personal property, water, water rights, water and sewer works and plants, and any interest therein, including leases and easements.
7. To refund any bonded indebtedness of the district without an election. Otherwise the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds [.] ; provided:
(a) That the refunding bonds may be exchanged dollar for dollar for the bonds to be refunded or may be sold publicly or privately, in which case the proceeds derived from the sale of the bonds shall be used to redeem the bonds being refunded; and
(b) That the refunding bonds, or at the option of the board the refunding bonds and all outstanding bonds of the district, shall mature serially and be payable and due commencing not later than 3 years and extending not more than 30 years from the date of the refunding bonds, at the option of the board and insofar as practicable either in substantially equal annual installments of principal, or upon an amortization plan for the bonds so that substantially equal amounts shall be required annually for the payment of the principal of and the interest on the bonds, but the first and last installment of principal, or both of those installments of principal, may be for greater or lesser amounts than required by either of the aforesaid limitations.
κ1957 Statutes of Nevada, Page 158 (CHAPTER 118, AB 180)κ
8. To have the management, control and supervision of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvement therein.
9. To hire and retain agents, employees, engineers and attorneys.
10. To have and exercise the power of eminent domain and in the manner provided by law for the condemnation of private property for public use to take any property necessary to the exercise of the powers herein granted, both within and without the district.
11. To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse. The district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to completely or unnecessarily impair the usefulness thereof.
12. To fix and from time to time to increase or decrease water and sewer rates, tolls or charges for services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district. The board shall fix such rates, tolls or charges as shall be approved by the public service commission of the State of Nevada. Until paid, all rates, tolls or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. The board shall shut off or discontinue service for delinquencies in the payment of such rates, tolls or charges, or in the payment of taxes levied pursuant to this chapter, and prescribe and enforce rules and regulations for the connection with and disconnection from properties of the facilities of the district. For health and sanitary purposes the board shall have the power to compel the owners of inhabited property within a sanitation district to connect their property with the sewer system of such district, and upon a failure so to connect within 60 days after written notice by the board so to do the board may cause such connection to be made and a lien to be filed against the property for the expense incurred in making such connection; but no owner shall be compelled to connect his property with such system unless a service line is brought, by the district, to a point within 400 feet of his dwelling place.
13. To adopt and amend bylaws, not in conflict with the constitution and laws of the state, for carrying on the business, objects and affairs of the board and of the district.
14. To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.
15. When a district lies entirely within an incorporated city and when all of its indebtedness has been fully paid or satisfied, to convey to such city with the consent of the governing authority thereof all of the property of such district upon the condition that such city will operate and maintain such property.
κ1957 Statutes of Nevada, Page 159 (CHAPTER 118, AB 180)κ
to such city with the consent of the governing authority thereof all of the property of such district upon the condition that such city will operate and maintain such property. Upon such conveyance the district shall be dissolved and a certificate to such effect shall be signed by the clerical officer of the city and filed with the county clerk of the counties in which the order establishing the district is filed.
16. When two or more districts are using the same or joint facilities and when the obligations of each district are fully paid or satisfied, to consolidate such districts into one. In such an event the consolidated district shall be under the control of a joint board, consisting of the members of each board, until by the occurrence of vacancies or expiration of terms of office the board is reduced to five members. Thereafter the members of the board shall be elected as provided in NRS 311.120.
Sec. 2. NRS 311.200 is hereby amended to read as follows:
311.200 1. The boundary of any district organized under the provisions of this chapter may be changed in the manner prescribed in NRS 311.210 and 311.220, but the change of boundaries of the district shall not impair or affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it might be liable or chargeable had such change of boundaries not been made.
2. Property included within or annexed to a district shall be subject to the payment of taxes and charges, as provided in NRS 311.220. Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion [.] , but the board may levy taxes upon only the taxable property remaining in the district after the exclusion of real property if the board finds and determines that it has considered the results of sections 1 and 2 of Article X of the constitution of the State of Nevada, and that the failure to levy a tax upon the real property excluded from the district will not prejudice any creditor existing at the time of such exclusion. Personal property may be excluded from a district on such terms and conditions as may be prescribed by the board of the district involved.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 160κ
Assembly Bill No. 153Committee on Fish and Game
CHAPTER 119
AN ACT to amend NRS sections 501.135, 501.180 and 501.365 relating to compensation and expenses of members of the state board of fish and game commissioners, imposition of penalties by fine, imprisonment, confiscation of equipment and illegal fish and game, denial of licenses; to amend chapter 501 of NRS relating to the application, administration and enforcement of fish and game laws by creating a new provision relating to unauthorized defacement, removal or mutilation of signs and posters posted by the state board of fish and game commissioners or county game management boards; providing penalties therefor; and other matters properly relating thereto.
[Approved March 18, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 501.135 is hereby amended to read as follows:
501.135 Members shall serve without salary, but shall be allowed the [actual and necessary expenses of their offices.] per diem expense allowances and travel expenses as fixed by law.
Sec. 2. NRS 501.180 is hereby amended to read as follows:
501.180 1. The commission shall have the power to appoint a state director of fish and game, a technical advisor on fish and game, and such technical assistants and other assistants and clerks and state game wardens as it may deem necessary to conduct its business and enforce the provisions of this Title, who shall have such duties and receive such compensation for their services as may be fixed and determined by the commission.
2. When so appointed the state director and game wardens shall be clothed with all the police powers necessary to enforce the provisions of this Title. State game wardens appointed under the authority of this Title and regularly employed by the commission are empowered to act as peace officers for the service of legal process, including warrants and subpenas, as may be required in the performance of their duties in the enforcement of the fish and game laws and regulations. Nothing in this subsection shall be construed to include such state game wardens within the provisions of subsections 1 or 3 of NRS 286.510, but their retirement from service under the provisions of chapter 286 of NRS at the age of 60 years shall be governed by the provisions of subsection 2 of NRS 286.510.
3. The commission may appoint a superintendent of hatcheries who is skilled and expert in the science of fish breeding, and shall exercise control and general supervision over him.
Sec. 3. NRS 501.365 is hereby amended to read as follows:
501.365 1. Except as otherwise specifically provided in this Title, every person who is guilty of a misdemeanor under this Title shall, upon conviction thereof, be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 25 days nor more than 6 months, or by both fine and imprisonment.
2. Upon a second conviction within 5 years of a violation of the provisions of this Title, in addition to the penalty provided in subsection 1, the court:
κ1957 Statutes of Nevada, Page 161 (CHAPTER 119, AB 153)κ
provisions of this Title, in addition to the penalty provided in subsection 1, the court:
(a) Shall require the surrender of all licenses issued under the provisions of this Title and held by the convicted person; and
(b) May recommend to the commission that no license be issued to such person for any period not to exceed 2 years from the date of such conviction.
Upon receipt of any recommendation from the court as provided in paragraph (b), the commission may refuse to issue any license to the convicted person during the period recommended by the court.
3. In addition to the fine or imprisonment, the court, upon conviction of the defendant, may cause to be confiscated all wild animals, wild birds or fish taken or possessed by the violator, and may, in its discretion, confiscate any fishing or hunting equipment used in any unlawful taking of fish and game. All confiscated fish and game shall be placed in the hands of the county board of the county in which the conviction is had for disposal to the needy or for destruction[.], or the commission, through its bona fide employees, may so dispose of confiscated fish or game or salvaged fish and game to the needy or by destruction, if unfit for human consumption.
Sec. 4. Chapter 501 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Except when authorized by the commission or a county game management board, it is unlawful for any person to tear down, deface, mutilate or remove any poster, sign or notice placed or posted by the commission or its agents or by a county game management board or its agents.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 341Messrs. Byrne and Ryan
CHAPTER 120
AN ACT to amend chapter 338 of NRS relating to wages, hours and employment on public works by creating a new provision relating to the requirement that every contractor and subcontractor of public works keep accurate records of wages paid, providing penalties for violations thereof, and other matters properly relating thereto.
[Approved March 20, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 338 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every contractor and subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages and benefits paid to each workman employed by him in connection with the public work.
2. The record shall be kept open at all reasonable hours to the inspection of the public body awarding the contract and to the inspection of the labor commissioner.
κ1957 Statutes of Nevada, Page 162 (CHAPTER 120, AB 341)κ
inspection of the public body awarding the contract and to the inspection of the labor commissioner.
3. Any contractor or subcontractor, or agent or representative thereof, doing public work who neglects to comply with the provisions of this section is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 80Senator Lovelock
CHAPTER 121
AN ACT to amend chapter 686 of NRS relating to insurance companies by creating new provisions relating to examination by the commissioner of insurance into the affairs of insurers and the conduct of hearings in connection with reports thereof; defining certain terms; providing penalties; to amend NRS section 694.330 relating to examinations by the commissioner of insurance of licensed rating organizations and advisory organizations; to repeal NRS section 686.060 relating to examinations by the commissioner of insurance; and other matters properly relating thereto.
[Approved March 20, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 686 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in sections 2 to 10, inclusive:
1. Insurer means any individual, firm or corporation doing any insurance business in this state, or authorized to do an insurance business in this state.
2. Person means an individual, firm or corporation.
Sec. 3. 1. Before issuing any license to do an insurance business in this state, the commissioner may examine the affairs of the insurer.
2. The commissioner may examine, as often as he deems it desirable, the affairs of any insurer and of any person as to any matter relevant to the financial affairs of the insurer or to the examination. He shall, if practicable, examine each such insurer at least once in every 3 years, and in any event, at least once in every 5 years, as to condition, fulfillment of its contractual obligations and compliance with applicable laws.
3. In lieu of making any such examination, the commissioner may accept the report of an examination made and certified by the insurance commissioner or other insurance supervisory official of the state or government of domicile or state of entry.
4. The examination of an alien insurer shall be limited to its United States business except as otherwise required by the commissioner.
Sec. 4. 1. Whenever the commissioner shall determine to examine the affairs of any insurer, he shall appoint one or more examiners in accordance with NRS 680.200, and instruct such examiners as to the scope of the examination.
κ1957 Statutes of Nevada, Page 163 (CHAPTER 121, SB 80)κ
scope of the examination. A copy of the examiners credentials shall, upon demand, be exhibited to the insurer under examination.
2. Any examiner authorized by the commissioner shall have convenient access at all reasonable hours to the books, records, files, securities and other documents of such insurer, its managers, agents or other person, which are relevant to the examination. He shall, if specifically authorized in writing by the commissioner, have the power to administer oaths and to examine under oath any person as to any matter relevant to the affairs of the insurer or to the examination.
3. The officers, directors, managers, employees and agents of such insurer shall facilitate such examination and aid such examiners in conducting the same so far as it is in their power to do so. Any such person who refuses without just cause to be examined under oath or who willfully obstructs or interferes with the examiners in the exercise of their authority pursuant to this section is guilty of a misdemeanor. The refusal of any insurer to submit to examination shall be ground for revocation or refusal of a license or renewal license.
4. If the commissioner finds the accounts of an insurer being examined to be kept or posted inadequately or improperly, and if the insurer fails to correct such accounts after having been afforded a reasonable opportunity to do so, he may employ or require the insurer to employ experts to rewrite, post or balance such accounts at the expense of the insurer.
5. In connection with any such examination, if it appears that any real property owned or on which the insurer holds security should be reappraised, the commissioner may direct the insurer to appoint one or more competent persons acceptable to the commissioner as appraisers with authority to reappraise such real property.
Sec. 5. Upon completion of an examination, the examiner in charge shall make a true report thereof which shall comprise only facts appearing upon the books, records or other documents of the insurer, its agents or other persons examined, or as ascertained from the sworn testimony of its officers or agents or other persons examined concerning its affairs, and such conclusions and recommendations as may reasonably be warranted from such facts. The report of examination shall be verified by the oath of the examiner in charge thereof. Such reports so verified under oath shall be prima facie evidence in any action or proceeding for the conservation or liquidation of the insurer brought in the name of the state against the insurer, its officers or agents upon the facts stated therein.
Sec. 6. 1. The commissioner shall deliver a copy of the report to the insurer examined, together with a notice which shall afford such insurer a reasonable opportunity to obtain further details and to demand a hearing with reference to any matters therein contained.
2. The commissioner shall grant a hearing to the insurer or other person examined, upon any matters contained in such examination report before filing the same, and before making public such report or any matters relating thereto, if such hearing is requested within 10 days, or such longer period as may be granted by the commissioner, after the giving of such notice.
κ1957 Statutes of Nevada, Page 164 (CHAPTER 121, SB 80)κ
3. Upon the failure of the insurer to request a hearing, the commissioner may, within 30 days after delivery of the report to the insurer and on 10 days notice to the insurer, hold a hearing on such report.
4. If neither the insurer has requested nor the commissioner has scheduled a hearing thereon, the report on examination, with modifications thereof, if any, shall be accepted by the commissioner and filed for public inspection immediately after the expiration of such 30 days. Such report shall in any event be accepted by the commissioner and filed for public inspection within 6 months after final hearing thereon.
5. The commissioner shall forward to the insurer a copy of the report on examination as filed for public inspection, together with any recommendations or statements relating thereto which he may deem proper. A copy of a summary of the report as prepared by the commissioner, or, in the discretion of the commissioner, a copy of the report and of any such recommendations or statements, shall be read at the next meeting of the board of directors or other governing body of such insurer held after 30 days subsequent to the receipt thereof. A copy of the report shall be furnished by the secretary of such insurer to each member of its board of directors or other governing body and the certificate of its secretary that this has been done shall be deemed to constitute knowledge of the contents of the report by each such member. The commissioner in his discretion may require that a copy of the report shall also be furnished by such insurer to the supervisory insurance official of each state in the United States and any foreign country in which such insurer is authorized to do an insurance business.
Sec. 7. 1. Any hearing on a report of examination shall be held at such time and place as shall be designated in a notice which shall be given by the commissioner in writing to the insurer or any other person whose interests are affected at least 10 days before the date designated therein. The notice shall state the subject of inquiry and the specific issues, if any. Any such hearing may be adjourned from time to time without other or further notice than the announcement thereof at such hearing.
2. Any such hearing shall be held before the commissioner or other official designated by him in accordance with NRS 680.200. The hearing officer shall have power to administer oaths, examine and cross-examine witnesses and receive documentary evidence. A full stenographic record shall be made at the hearing of all testimony of witnesses and rulings by the hearing officer. Upon written request, a copy of the transcript of such record shall be furnished to the insurer at its expense. Any witness or party affected by the hearing shall be permitted to review a transcript of the record at the office of the department.
3. Every person affected shall be allowed to be present and represented by counsel during the giving of all the testimony, and shall be allowed a reasonable opportunity to inspect all adverse documentary proof, to examine and cross-examine witnesses, and to present proof in support of his interest.
κ1957 Statutes of Nevada, Page 165 (CHAPTER 121, SB 80)κ
4. Nothing herein contained shall require the observance at any such hearing of formal rules of pleading or evidence.
5. The hearing officer shall report his findings in writing to the commissioner with or without recommendations. If adopted by the commissioner or by his authority, such findings shall be the basis of any determination by him or by his authority, and a copy thereof shall be furnished to the insurer.
6. Upon written request of the insurer received within a period of not more than 10 days after the close of the hearing and prior to filing the report, the commissioner may grant a rehearing or reargument on the matters involved in the hearing.
Sec. 8. 1. The commissioner or any person conducting a hearing or examination of an insurer by his authority shall have power to subpena witnesses, compel their attendance, administer oaths, examine any person under oath relative to the subject of the hearing or the examination and to compel any person to subscribe to his testimony after it has been correctly reduced to writing, and, in connection therewith, to require the production of any books, papers, records, correspondence or other documents which he deems relevant to the inquiry.
2. The subpena shall have the same force and effect and shall be served in the same manner as if issued from a court of record.
3. Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a court of record, but no officer, director, agent or employee of the insurer being examined or which requested a hearing concerning an examination report shall be entitled to witness or mileage fees.
4. If any individual fails to obey a subpena, or refuses to testify concerning any matter under examination or the subject of the hearing, the commissioner may file his written report thereof and proof of service of his subpena in any court of competent jurisdiction in the county where the examination or hearing is being conducted, for such action as the court may determine.
Sec. 9. 1. No person shall be excused from attending and testifying or producing any evidence upon any examination or hearing conducted by or under authority of the commissioner on the ground that his testimony or the evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture.
2. No person shall be prosecuted or punished in any criminal action or proceeding for or on account of any act, transaction, matter or thing concerning which he is so compelled to produce evidence or to testify under oath, except for perjury committed in such testimony.
Sec. 10. Any final determination by the commissioner after hearing on a report of examination shall be subject to review by the district court of Ormsby County at the instance of any party in interest.
Sec. 11. NRS 686.060 is hereby repealed.
Sec. 12. NRS 694.330 is hereby amended to read as follows:
694.330 1. The commissioner shall, at least once in 5 years, make or cause to be made an examination of each rating organization licensed in this state as provided in NRS 694.220. He may, as often as he may deem it expedient, make or cause to be made an examination of each advisory organization referred to in NRS 694.310, and of each group, association or other organization referred to in NRS 694.320.
κ1957 Statutes of Nevada, Page 166 (CHAPTER 121, SB 80)κ
he may deem it expedient, make or cause to be made an examination of each advisory organization referred to in NRS 694.310, and of each group, association or other organization referred to in NRS 694.320.
2. The reasonable costs of any such examination shall be paid by the rating organization, advisory organization or group, association or other organization examined upon presentation to it of a detailed account of such costs.
3. The officers, managers, agents and employees of such rating organization, advisory organization or group, association or other organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents or agreements governing its method of operation.
4. In lieu of any such examination the commissioner may accept the report of an examination made by the insurance supervisory official of another state, pursuant to the laws of such state.
[5. Reports of such examinations shall only be filed and made public in accordance with the provisions of subsection 4 of NRS 686.060.]
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Assembly Bill No. 342Messrs. Pozzi, Barnum and Vaughan
CHAPTER 122
AN ACT to amend NRS sections 396.010, 396.030, 396.040, 396.070, 396.120, 396.130, 396.230, 396.250, and 396.280 relating to the University of Nevada; the number, election, appointment, term, compensation, expenses and reports of the board of regents thereof; finding and declaring an emergency and a special occasion calling for extraordinary action on the part of the legislature to increase the number of the members of the board of regents and their induction into office prior to their election by the people; the appointment, qualifications and duties of the president of the University of Nevada; qualifications and salaries of the academic staff; to repeal NRS sections 396.140 to 396.200, inclusive, 396.310, 396.450 to 396.490, inclusive, 396.510, 396.520, 396.570 and 396.590 relating to the honorary board of visitors, the qualifications of teaching personnel, courses of study, training and model schools, normal school diplomas and the revocation of diplomas; and other matters properly relating thereto.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.010 is hereby amended to read as follows:
396.010 1. The seat of the state university, as described in section 4 of article XI of the constitution of the State of Nevada, is hereby located at the City of Reno, Washoe County, State of Nevada.
2. A regional branch of the University of Nevada is authorized in Clark County, Nevada, which branch shall be called Nevada Southern.
3. Extension instruction on the collegiate level, research and service activities may be conducted throughout the state.
Sec. 2. NRS 396.030 is hereby amended to read as follows:
396.030 The board of regents of the University of Nevada shall consist of [five] nine members.
Sec. 3. NRS 396.040 is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 167 (CHAPTER 122, AB 342)κ
396.040 [1. The members of the board of regents in office on July 1, 1941, shall continue to hold their offices according to the former tenure thereof. At the general election held in November 1942, and at each general election held every 2 years thereafter, members of the board of regents shall be elected for terms of 4 years.
[2. The term of office of each regent shall begin on the 1st Monday in January next succeeding the date of his election.]
1. By the provisions of chapter 284, Statutes of Nevada 1955, at page 463, the legislative commission was authorized and instructed to engage the services of a firm of management consultants or other expert assistance for the purpose of making an investigation into the administration and academic operation of the University of Nevada and to report the results thereof and make recommendations in connection therewith to the legislative commission. As required by law, the report and the recommendations of the expert assistance engaged by the legislative commission have been transmitted to the 48th session of the legislature. The legislature specifically finds and declares, as a result of such investigation into the administration and academic operation of the University of Nevada, that the emergency of the situation respecting the University of Nevada is a special occasion calling for extraordinary action on the part of the legislature and that an emergency exists now whereby it is necessary that the number of the board of regents of the University of Nevada be increased and that such increased number should be inducted into office prior to their election by the people.
2. The five members of the board of regents elected by the people and holding office on the effective date of this act shall continue in office for the terms for which they were elected. At the general elections next preceding the expiration of the terms of office for which such members of the board of regents were elected their successors shall be elected by the people for the terms and in the manner provided in this section.
3. Notwithstanding the provisions of NRS 396.060, the four vacancies in the offices of members of the board of regents created by section 2 of this act shall be filled by appointment by the legislature in joint convention immediately after the effective date of this act. The four persons so appointed by the legislature to fill such vacancies shall hold office until the 1st Monday in January 1959. In case of a vacancy in the board of regents caused by death, resignation or otherwise of a member of the board of regents appointed by the legislature pursuant to the provisions of this section, such vacancy shall be filled in the manner provided by NRS 396.060.
4. For the purpose of electing members of the board of regents at the general election to be held in November 1958 and at general elections thereafter the state is divided into three districts as follows:
(a) Washoe County shall be known as district No. 1, with three members of the board of regents residing therein to be elected at large by the qualified electors within the state.
(b) Clark County shall be known as district No. 2, with three members of the board of regents residing therein to be elected at large by the qualified electors within the state.
κ1957 Statutes of Nevada, Page 168 (CHAPTER 122, AB 342)κ
(c) The remainder of the state shall be known as district No. 3, with three members of the board of regents residing therein to be elected at large by the qualified electors within the state.
5. At the general election to be held in November 1958:
(a) From district No. 1, one member of the board of regents shall be elected for a term of 2 years, and one member of the board of regents shall be elected for a term of 4 years.
(b) From district No. 2, one member of the board of regents shall be elected for a term of 2 years, and one member of the board of regents shall be elected for a term of 4 years.
(c) From district No. 3, one member of the board of regents shall be elected for a term of 2 years, and two members of the board of regents shall be elected for terms of 4 years.
Thereafter, the successors to the holdover members of the board of regents representing districts Nos. 1 and 2 and not elected at the general election in 1958, and the successors to the members of the board of regents elected at the general election in 1958, shall be elected by the people for terms of 4 years each.
6. The term of office of each member of the board of regents elected by the people shall begin on the 1st Monday in January next succeeding the date of his election.
Sec. 4. NRS 396.070 is hereby amended to read as follows:
396.070 1. No member of the board of regents shall receive any compensation for his services.
2. Each member of the board of regents shall receive [his necessary expenses] traveling expenses and subsistence allowances as provided by law in attending meetings of the board.
Sec. 5. NRS 396.120 is hereby amended to read as follows:
396.120 [Biennially,] Annually, the board of regents shall:
1. Report to the governor all transactions of the board and all other matters pertaining to the university.
2. Transmit, with such report, a copy of the presidents [biennial] annual report.
Sec. 6. NRS 396.130 is hereby amended to read as follows:
396.130 [1.] No member of the board of regents shall be interested, directly or indirectly, as principal, partner, agent or otherwise, in any contract or expenditure created by the board of regents, or in the profits or results thereof.
[2. Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $5,000, to which may be added imprisonment in the county jail for a period not exceeding 6 months.]
Sec. 7. NRS 396.210 is hereby amended to read as follows:
396.210 1. [The] After consultation with the faculty, the board of regents shall appoint a president of the University of Nevada.
2. The president shall [:
(a) Have] have a degree from a college or university recognized as equal in rank to those having membership in the Association of American Universities. [; and
κ1957 Statutes of Nevada, Page 169 (CHAPTER 122, AB 342)κ
[(b) Have had at least 5 years of practical experience as an educator in a college or university of good standing, 3 years of which must have been during the 5 years immediately preceding the date of his appointment; and
[(c) Be familiar with the modern methods of imparting instruction in the United States.]
Sec. 8. NRS 396.230 is hereby amended to read as follows:
396.230 1. The board of regents shall have the power to prescribe the duties of the president of the university.
2. The president shall instruct in the university.
3. The president shall, under the direction of the board of regents:
(a) Manage all matters connected with the university.
(b) Employ [assistant teachers and servants.] the academic staff.
(c) Purchase supplies and make monthly statements, supported by vouchers, to the board of regents of all receipts and expenditures.
Sec. 9. NRS 396.250 is hereby amended to read as follows:
396.250 [1.] Except as provided in NRS 396.260, it shall be unlawful for:
[(a)] 1. The board of regents of the University of Nevada to employ any president, teacher, instructor or professor who is not a citizen of the United States or who has not declared his intention to become a citizen of the United States.
[(b)] 2. The state controller or the comptroller of the University of Nevada to issue any warrant to any president, teacher, instructor or professor who is not a citizen of the United States or who has not declared his intention of becoming a citizen of the United States.
[2. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.]
Sec. 10. NRS 396.280 is hereby amended to read as follows:
396.280 The board of regents shall have the power to fix the salaries of [all teachers in] the academic staff of the university.
Sec. 11. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 12. NRS 396.140 to 396.200, inclusive, 396.310, 396.450 to 396.490, inclusive, 396.510, 396.520, 396.570 and 396.590 are hereby repealed.
Sec. 13. This act shall become effective upon passage and approval.
________
κ1957 Statutes of Nevada, Page 170κ
Assembly Bill No. 365Nye County Delegation
CHAPTER 123
AN ACT to provide for the conveyance of certain lands and improvements by Nye County to the State of Nevada to be used for park and historical purposes, and other matters properly relating thereto.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county of Nye, acting by and through its county commissioners, is hereby authorized to convey to the State of Nevada, without consideration, all of that real property, together with the improvements located thereon, known as the old Courthouse at Belmont, Nye County, Nevada, and more particularly described as follows:
All of block 6 as shown on the official map of the township of Belmont, Nye County, Nevada, surveyed by George Ernst in 1879.
Sec. 2. The governor is hereby authorized to accept such deed from the county commissioners of Nye County for the State of Nevada.
Sec. 3. The deed may contain restriction limiting the use to public park and historical sites, with a determinable fee provision.
Sec. 4. This act shall become effective upon passage and approval.
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Assembly Bill No. 357Washoe County Delegation
CHAPTER 124
AN ACT ratifying, approving and confirming the proceedings heretofore taken by the city council of the City of Reno concerning the 1956 Street and Alley Improvement District special assessment district bonds, the 1956 Sanitary Sewer Improvement District No. 1 special assessment district bonds, the 1956 Sanitary Sewer Improvement District No. 2 special assessment district bonds, and the 1956 Sanitary Sewer Improvement District No. 3 special assessment district bonds.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. All action heretofore taken and all proceedings heretofore adopted by the city council of the City of Reno, Washoe County, Nevada, relating to the authorization and issuance of the 1956 Street and Alley Improvement District special assessment district bonds, the 1956 Sanitary Sewer Improvement District No. 1 special assessment district bonds, the 1956 Sanitary Sewer Improvement District No. 2 special assessment district bonds, and the 1956 Sanitary Sewer Improvement District No. 3 special assessment district bonds are hereby ratified, approved and confirmed.
Sec. 2. This act shall become effective May 1, 1957.
________
κ1957 Statutes of Nevada, Page 171κ
Assembly Bill No. 347Elko County Delegation
CHAPTER 125
AN ACT to amend an act entitled An Act to incorporate the town of Wells, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 24, 1927, as amended.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 145, as last amended by chapter 31, Statutes of Nevada 1955, at page 35, is hereby amended to read as follows:
Section 5. Officers, Appointive and Ex Officio-Enumeration of-Compensation. The county assessor of the county of Elko shall be ex officio assessor of the city of Wells; the justice of the peace of Wells township, county of Elko, [shall] may be ex officio police judge [and preside over the municipal court] of the city of Wells [;] by appointment of the board of councilmen, or the said board may appoint a person other than the justice of the peace to be the police judge of the city of Wells; the city clerk shall be ex officio license collector of the city of Wells; the constable of Wells township, county of Elko, may be ex officio marshal of the city of Wells by appointment of the board of councilmen or the said board may appoint a person other than the constable to be the city marshal of the city of Wells. The assessor of the county of Elko and ex officio city assessor of the city of Wells shall perform the duties of his office unto the said city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of councilmen, upon the request of the city assessor, may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit. The assessor of the county of Elko, the justice of the peace and the constable of Wells township, county of Elko, and or city marshall, shall be liable on their official bonds for the faithful discharge of their duties imposed on them by this act. The board of councilmen shall appoint a city clerk. Said city clerk shall be ex officio city treasurer, the salary of the combined offices to be fixed, allowed, and paid by said board. The board of councilmen shall appoint a city engineer with salary to be fixed, allowed, and paid by said board. The board may also in its discretion appoint or employ a city attorney and a city auditor from time to time and compensate them for such legal advice and services as they may deem necessary. The board of councilmen may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof, provided, such action shall be agreeable to the whole board of councilmen. The duties and compensation of the appointive officers shall be fixed, allowed and paid by the board of councilmen out of such city funds as the board may designate.
κ1957 Statutes of Nevada, Page 172 (CHAPTER 125, AB 347)κ
as the board may designate. Any one or more of such appointive offices, may, in the discretion of the board of councilmen, be combined and the duties thereof discharged by one person. The board of councilmen may fix, allow and pay a salary or fees to the ex officio judge and the constable serving as ex officio city marshal or the city marshal. Said respective salaries or fees shall be set by the board of councilmen. City employees and officers, excluding the mayor and councilmen, may be allowed annually vacation leave with pay and sick leave with pay. Said periods of leave respectively shall be established by the board of councilmen at their discretion. Temporary employees to relieve regular city employees shall be paid at the pro rata basis of the employee relieved.
Sec. 2. Section 41 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 172, is hereby amended to read as follows:
Section 41. Duties of the Clerk. He shall countersign all contracts made in behalf of the city. The city clerk shall draw and countersign all orders in pursuance of any order or resolution of the board and keep a full and accurate account thereof in books provided for that purpose; shall make to the board from time to time, upon the order of the board, reports of the financial condition of the city; shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the board as shall secure the payment of the principal and interest of such bonds; shall report annually on or before the first day of [June,] February, to the board, an estimate of the expenses of the city and the revenue necessary to be raised for the current year; shall keep regular books of account in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount in bonds, orders, certificates or other evidences of indebtedness issued by the board, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue, and the amounts which have been disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the board, and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested. He shall record in a journal all ordinances, by-laws, rules or resolutions passed or adopted by the board, which journal, after being read and approved at each regular meeting, shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any person or officer and shall charge such person or officer with the same. He shall countersign and certify all claims for the payment of money, executed by the mayor. All claims against the city shall be filed with the clerk, who shall report in writing upon the same and on all matters pertaining to his office at each regular meeting of the board, or oftener if required.
κ1957 Statutes of Nevada, Page 173 (CHAPTER 125, AB 347)κ
who shall report in writing upon the same and on all matters pertaining to his office at each regular meeting of the board, or oftener if required. The city clerk shall be the official license collector of the city and shall collect for all city licenses and all other moneys making up the city revenues, except general taxes. All moneys belonging to the city (except general taxes), and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over, together with all moneys in his hands, to the city treasurer. All special taxes whenever and wherever practicable, shall be collected by the city clerk. The time and manner of collection of special taxes, and collection of licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the board, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may take the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business of such place or building is required to pay a license, shall be liable for and may be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within five days after the same becomes due and payable, the sum of one dollar, which shall become and be a part of the license and shall, with such license, be collected by the city clerk, and he shall perform such other duties as the board may provide by ordinances.
Sec. 3. Section 42 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 174, as last amended by chapter 31, Statutes of Nevada 1955, at page 39, is hereby amended to read as follows:
Section 42. Statement of Finances. The city clerk shall prepare on or before the first Monday in [March] October of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and disbursements for the previous year, ending [December 31,] June 30, showing:
1. The total receipts of the city, stating particularly the source of each portion of the revenue.
2. The amount of cash on hand at the date of the last report.
3. The amount of sinking fund and how invested.
4. The number, date and amount of every bond issued, or redeemed, and the amount received or paid therefor.
κ1957 Statutes of Nevada, Page 174 (CHAPTER 125, AB 347)κ
5. The indebtedness of the city, funded and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.
6. Each warrant issued, to whom and on what account.
7. The amount of cash in the city treasury and in its several funds. He shall publish on or before the first Monday in [March] October of each year, in some newspaper having a general circulation in the city, a notice that such a detailed statement has been prepared, is on file in his office, and open to the public inspection at all times.
8. The board of councilmen shall cause an audit of the city books and accounts to be performed and rendered annually as of June 30 of each year for preceding twelve (12) months period and commencing June 30, 1955. Said board may, in its discretion, require audits of the city books and accounts at any time. Said audits shall be made by a certified public accountant to be appointed for each audit by the board of councilmen. Said certified public accountant shall be the auditor of the city for the period of his employment.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 52Mr. Ryan
CHAPTER 126
AN ACT to amend chapter 613 of NRS relating to fraudulent and discriminatory employment practices by creating a new provision relating to the failure of an employer to pay into an employee health or welfare fund; providing penalties.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 613 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever an employer has agreed with any employee to make payments to a health or welfare fund or other such plan for the benefit of the employees, or has entered into a collective bargaining agreement providing for such payments, it shall be unlawful for such employer willfully or with intent to defraud to fail to make the payments required by the terms of any such agreement.
2. Any employer who violates any provision of this section shall be guilty of a misdemeanor.
________
κ1957 Statutes of Nevada, Page 175κ
Assembly Bill No. 151Committee on Fish and Game
CHAPTER 127
AN ACT to amend NRS sections 503.070, 503.150, 503.290 and 503.430 relating to the introduction or removal of fish and game for hatching, planting, stocking; unlawful hunting by artificial light; unlawful fishing devices and equipment; water pollution by deposits of substances deleterious to fish; providing certain penalties; and other matters properly relating thereto.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.070 is hereby amended to read as follows:
503.070 1. It shall be unlawful, except by the written consent and approval of the commission, for any person at any time to receive, or have brought or shipped into the State of Nevada, or remove from one stream or body of water in this state to any other, or from one portion of the state to any other, any wild animals, wild birds, fish, or aquatic life, or the spawn, eggs or young of any of them. [, for the purposes of hatching, releasing, planting, stocking or establishing them in the waters or lands of the state.]
2. The commission shall require an investigation by its personnel to determine if such introduction shall be detrimental. Written consent and approval of the commission shall be given only if the results of such investigation prove that such introduction or importation shall not be detrimental to existing wildlife.
Sec. 2. NRS 503.150 is hereby amended to read as follows:
503.150 1. It shall be unlawful for any person to hunt game animals with any revolver or self-loading pistol, or in any manner other than with gun or rifle, or bow and arrow, held in hand, but excluding the crossbow and bolt.
2. It shall be unlawful for any person to hunt, kill, capture or take, or attempt to hunt, kill, capture or take, any game bird or game animal by the use of or with the aid of any flashlight, spotlight, automobile headlight, lamp or other artificial light of any kind.
Sec. 3. NRS 503.290 is hereby amended to read as follows:
503.290 1. Except as provided in subsection 2, it shall be unlawful for any person to fish in or from any of the waters of the State of Nevada for any fish of any species whatever with any seine, net, spear, setline, set hooks, grabhooks, trotline or snagline, or in any manner known as snagging, or with any weir fence, trap, giant powder, or any other explosive compound, or in any manner other than with hook and line attached to a rod [held in the hands and] or reel closely attended in the manner known as angling.
2. Carp or other coarse fish may be taken by seine.
3. As used in this section, the word hook shall be deemed to include not more than three baited hooks, nor more than three fly hooks, or an attractor or plug or similar lure, in one piece or jointed, having not more than three hooks attached thereto. No more than two such attractors, plugs or lures shall be attached to the line. Only one such combination of hook, line and rod shall be used by one person at any time.
κ1957 Statutes of Nevada, Page 176 (CHAPTER 127, AB 151)κ
Sec. 4. NRS 503.430 is hereby amended to read as follows:
503.430 [1.] Every person who places or allows to pass, or who places where it can pass or fall, into or upon any of the waters of this state at any time, any lime, gas tar, cocculus indicus, slag, acids or other chemical, sawdust, shavings, slabs, edgings, mill or factory refuse, sewage, garbage or any substance deleterious to fish shall be guilty of a misdemeanor.
[2. The provisions of this section shall not apply to mills or works for the reduction of ores or against the owners or operators of such mills or works so far as concerns the owners or operators of such mills or works.]
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 189Messrs. Humphrey, Von Tobel and Ryan
CHAPTER 128
AN ACT to amend NRS section 616.395 relating to payment of industrial insurance premiums on entering or resuming business.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.395 is hereby amended to read as follows:
616.395 1. Every employer within, and those electing to be governed by, the provisions of this chapter, with the exception of the state, counties, municipal corporations, cities, and school districts, shall, on or before July 1, 1947, and thereafter, as required by the commission, pay to the commission, for a state insurance fund and, except as otherwise provided herein, for an accident benefit fund, premiums in such a percentage of his estimated total payroll for the ensuing 2 months as shall be fixed by order of the commission. All premium rates now in effect shall be continued in full force and effect until changed, altered or amended by order of the commission.
2. Every employer within, and those electing to be governed by, the provisions of this chapter, who shall enter into business or resume operations subsequent to July 1, 1947, shall, before commencing or resuming operations, as the case may be, notify the commission of such fact, accompanying such notification with an estimate of his monthly payroll, and shall make payment of the premium on such payroll for the first 2 months of operations.
3. The commission shall be empowered to accept as a substitute for payment of premiums, for the ensuing or first 2 months of operation as provided by this section, either a bond or pledge of assets. The amount and sufficiency of security required, other than cash, shall be determined by the commission but shall not be of a value less than the amount of cash required by this section.
________
κ1957 Statutes of Nevada, Page 177κ
Assembly Bill No. 188Messrs. Humphrey, Von Tobel and Ryan
CHAPTER 129
AN ACT to amend NRS section 616.380 relating to risk classifications and premium rates under the Nevada Industrial Insurance Act; to repeal NRS section 616.385 relating to rebates for high standards of safety or accident prevention.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.380 is hereby amended to read as follows:
616.380 [Whenever an establishment or work is dangerous in comparison with other like establishments or works, the commission may advance its classification or risk and premium rates in proportion to the hazard. Such advancement of classification of risks and premium rates may be made without previous notice.]
1. In addition to the authority given the commission to determine and fix premium rates of employers as provided in NRS 616.395 to 616.405, inclusive, the commission shall:
(a) Apply that form of rating system which, in its judgment, is best calculated to merit or rate individually the risk more equitably, predicated upon the basis of the employers individual experience; and
(b) Adopt equitable rules and regulations controlling the same, which rules and regulations, however, shall conserve to each risk the basic principles of workmens compensation insurance.
2. The rating system provided by this section is subject to the limitation that the amount of any increase or reduction of premium rate or additional charge or rebate of premium contributions shall be in the discretion of the commission, but shall not exceed 20 percent where the accident experience of an employer comprises less than 24 consecutive months or 30 percent where the accident experience comprises more than 24 consecutive months.
3. The rating system provided by this section is subject to the further limitation that no increase or reduction of premium rate or additional charge or rebate of premium contributions shall become effective for 60 days after adoption by the commission. Upon the adoption of any increase or reduction of premium rate or additional charge or rebate of premium contributions provided by this section the commission shall give written notice thereof to the employer affected by such rate change, charge or rebate and grant the employer, if requested by him, a hearing before the commission prior to the effective date of such rate change, charge or rebate. At such hearing consideration shall be given to the objections as made by the parties appearing, and all matters in dispute shall be resolved after such hearing by the commission in a manner which will not unjustly affect the objecting party. The objective to be accomplished by the commission shall be to prescribe and collect only such premiums as may be necessary to pay the obligations created by this chapter, administrative expenses, and to carry such reasonable reserves as may be prescribed by law or may be deemed necessary to meet such contingencies as may be reasonably expected.
κ1957 Statutes of Nevada, Page 178 (CHAPTER 129, AB 188)κ
be prescribed by law or may be deemed necessary to meet such contingencies as may be reasonably expected.
Sec. 2. NRS 616.385 is hereby repealed.
________
Assembly Bill No. 10Mr. Evans
CHAPTER 130
AN ACT providing an additional and supplemental appropriation for the Nevada school of industry for girls care and maintenance for the biennium ending June 30, 1957.
[Approved March 21, 1957]
Whereas, By section 49 of chapter 324, Statutes of Nevada 1955, there was appropriated for the general support of the Nevada school of industry the sum of $197,818; and
Whereas, From July 1, 1955, to the present time there has been an unprecedented increase in the number of minor girls committed to the supervision and custody of the superintendent of the Nevada school of industry, which minor girls must be placed in out-of-state institutions and homes; and
Whereas, Because of the increased number of minor girls so committed and rising costs of care and maintenance there will be a deficiency for the fiscal year ending June 30, 1957; 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 from any money in the state treasury not otherwise appropriated the sum of $25,000 for the support of the Nevada school of industry as an additional and supplemental appropriation to that allowed by section 49 of chapter 324, Statutes of Nevada 1955.
Sec. 2. The moneys hereby appropriated shall be used by the superintendent of the Nevada school of industry for medical, dental, clothing, board and room expenses incurred in the maintenance of minor girls committed to his custody and cared for in institutions and homes outside the State of Nevada.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 44Committee on Ways and Means
CHAPTER 131
AN ACT authorizing and directing the state controller and the state treasurer to transfer the unexpended balance and moneys in the State of Nevada scholarship fund to the general fund; designating the amount to be transferred, and other matters properly related thereto.
[Approved March 21, 1957]
Whereas, The provisions of chapter 63, Statutes of Nevada 1947, relating to the State of Nevada scholarship fund were repealed by the 47th session of the Nevada state legislature; and
κ1957 Statutes of Nevada, Page 179 (CHAPTER 131, AB 44)κ
Whereas, There now remains on deposit in the state treasury in the State of Nevada scholarship fund a balance of $700; and
Whereas, It is desirable that the balance of moneys remaining in such fund revert to the general fund; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. That certain fund balance now remaining in the State of Nevada scholarship fund in the sum of $700 is hereby ordered reverted to the general fund of the State of Nevada, and the state controller and state treasurer are hereby authorized and directed to do and perform each and every thing necessary to carry into effect the provisions of this section and make proper entries thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 139Churchill County Delegation
CHAPTER 132
AN ACT to amend an act entitled An Act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict with this act, approved March 28, 1953, as amended.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 540, as amended by chapter 94, Statutes of Nevada 1955, at page 137, is hereby amended to read as follows:
Section 1. From and after the first day of April [1955] 1957 the county officers of Churchill County named in this act shall receive the following salaries and fees in full compensation for their services.
Sec. 2. Section 2 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 540, as amended by chapter 94, Statutes of Nevada 1955, at page 137, is hereby amended to read as follows:
Section 2. The sheriff and ex officio license collector shall receive the sum of [$4,200] not to exceed $5,100 per annum, and his actual traveling expenses in criminal cases. He shall pay to the county treasurer on or before the fifth day of each and every month all moneys collected by him from licenses and fees, and shall, at the same time, file with the county treasurer an itemized statement, under oath, of all such licenses and fees collected by him during the month next preceding, and also file a duplicate copy thereof with the clerk of the board of county commissioners.
Sec. 3. Section 3 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as amended by chapter 94, Statutes of Nevada 1955, at page 137, is hereby amended to read as follows:
κ1957 Statutes of Nevada, Page 180 (CHAPTER 132, AB 139)κ
Section 3. The county recorder and ex officio auditor shall receive the sum of [$4,200] not to exceed $5,100 per annum. All fees authorized by law shall be collected by him and paid to the county treasurer on or before the fifth day of each and every month, and he shall at the same time prepare and file with the county treasurer a full and accurate itemized statement, under oath, of all such fees collected by him in his official capacity during the month next preceding, and shall also file a duplicate copy thereof with the clerk of the board of county commissioners.
Sec. 4. Section 4 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as amended by chapter 94, Statutes of Nevada 1955, at page 137, is hereby amended to read as follows:
Section 4. The county assessor shall receive the sum of [$4,200] not to exceed $5,100 per annum.
Sec. 5. Section 5 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as amended by chapter 94, Statutes of Nevada 1955, at page 137, is hereby amended to read as follows:
Section 5. The county clerk and ex officio clerk of the county commissioners and ex officio clerk of the county board of equalization and ex officio treasurer shall receive the sum of [$4,200] not to exceed $5,100 per annum.
Sec. 6. Section 6 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as amended by chapter 94, Statutes of Nevada 1955, at page 137, is hereby amended to read as follows:
Section 6. The county commissioners shall receive the sum of [$1,300] not to exceed $1,500 per annum each.
Sec. 7. Section 7 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as amended by chapter 94, Statutes of Nevada 1955, at page 138, is hereby amended to read as follows:
Section 7. The district attorney shall receive a salary of [$4,200] not to exceed $5,100 per annum, and shall also be allowed his actual expenses when called from the county seat in the discharge of the official duties of district attorney.
Sec. 8. Section 10 of the above-entitled act, being chapter 316, Statutes of Nevada 1953, at page 541, as amended by chapter 94, Statutes of Nevada 1955, at page 138, is hereby amended to read as follows:
Section 10. This act shall become effective from and after April 1, [1955.] 1957.
Sec. 9. This act shall become effective on and after April 1, 1957.
________
κ1957 Statutes of Nevada, Page 181κ
Assembly Bill No. 178Committee on Agriculture and Irrigation
CHAPTER 133
AN ACT to amend chapter 552 of NRS relating to bees and apiaries by creating a new provision relating to the registration of apiaries; to amend NRS sections 552.200, 552.210 and 552.310 relating to the transportation of bees, the importation of bee equipment, and penalties; and other matters properly relating thereto.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 552.200 is hereby amended to read as follows:
552.200 1. It shall be unlawful for any person to transport or move in any manner whatever from any point within the State of Nevada or otherwise any established apiary, bees, hives, combs, or any other used apiary supplies, and set up, establish or deposit the same at any point in the State of Nevada within a 5-mile radius of any already existing apiary in the State of Nevada without first obtaining a temporary or seasonal written permit from the chief inspector or his deputy so to do.
2. The chief inspector or his deputy shall issue a temporary or seasonal permit only after satisfying himself by inspection or otherwise that the apiary, bees, hives, combs, or other used apiary supplies to be moved are free from any disease liable to injure any already established apiary.
3. It shall be unlawful for any person to transport or move bees anywhere within the State of Nevada unless he files with the chief inspector, within 5 days prior to the date of moving, a statement of the number of colonies of bees to be moved and the number of colonies of bees to be left at the point of origin, stating the definite point both of origin and destination to which such bees will be moved; but if any established apiary, bees, hives, combs, or other used apiary supplies are to be moved or transported as set out in subsection 1, a permit shall first be obtained from the chief inspector or his deputy as provided in subsections 2 and 3.
4. If any emergency requires the immediate removal of bees, the owner shall notify the chief inspector or his deputies of such emergency and secure permission for moving, but if verbal permission is requested and obtained the applicant shall further file a written request within 5 days after the date of such moving as provided in subsection 3.
5. Whenever the chief inspector or his deputies find that American foulbrood disease exists in more than 1 percent of the colonies in any apiary of 100 or more colonies, or in more than one colony in any apiary of less than 100 colonies, he shall quarantine such apiary, giving notice thereof to the owner or bailee and posting a copy of such notice in a conspicuous place in such apiary.
6. When any such notice has been given as provided in subsection 5, it shall be unlawful to move such apiary, or any part thereof, or any other bee equipment from the location until such disease has been eradicated.
κ1957 Statutes of Nevada, Page 182 (CHAPTER 133, AB 178)κ
7. When in the opinion of the chief inspector the disease has been eradicated, he shall issue a permit releasing such apiary.
Sec. 2. NRS 552.210 is hereby amended to read as follows:
552.210 1. It shall be unlawful for any transportation company, person or persons to import, transport or bring in any manner whatever into the State of Nevada any bees on comb, any comb for use in extraction or for rearing brood, or any previously used apiary supplies of any description [.], except as provided in subsection 3.
2. Nothing in this section shall prohibit the importation or transportation of queens or bees in screened cages without comb, the bees to be fed in transit only on candy or syrup made from sugar, or honey which has been boiled not less than 30 minutes, unless the same is prohibited by quarantine proclamation issued under the quarantine laws of the State of Nevada or the Federal Government.
3. Nothing in this section shall prohibit the importation into or transportation through the State of Nevada of any used extractors, honey tanks, honey cans, uncapping equipment, tops, bottoms, empty supers and empty hive bodies, if such used equipment is accompanied by a certificate from a duly authorized apiary inspector certifying that such equipment has been sterilized by boiling in lye water for not less than 30 minutes, or by any other method officially approved by the state of origin.
4. Used bee equipment may be transported from the State of Nevada to a licensed wax salvage plant in another state for sterilizing, and returned to this state if accompanied by a certificate stating that such equipment has been sterilized in a licensed plant.
5. Any used bee equipment entering the State of Nevada in violation of the provisions of this section shall, at the option and expense of the owner or bailee, be destroyed or shipped out of this state.
Sec. 3. NRS 552.310 is hereby amended to read as follows:
552.310 Any person violating any of the provisions of this chapter shall be guilty of a [gross] misdemeanor, and upon conviction thereof shall be punished accordingly, and in addition shall be liable for penal damages for any injury done in twice the amount of the actual damage.
Sec. 4. Chapter 552 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every person who is the owner or in possession of an apiary located within this state shall, on or before May 1 of each year, register with the state apiary commission the number of colonies therein and the location thereof.
2. The state apiary commission shall issue a registration number to each beekeeper in this state, which shall be displayed in a conspicuous place in each apiary.
3. It shall be unlawful for any person to maintain an apiary within this state without registering the same as provided in this section.
________
κ1957 Statutes of Nevada, Page 183κ
Assembly Bill No. 179Committee on Agriculture and Irrigation
CHAPTER 134
AN ACT to amend NRS section 554.020 relating to the governors power to proclaim and enforce quarantine of agricultural commodities and containers.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 554.020 is hereby amended to read as follows:
554.020 1. The governor is authorized and empowered, on the recommendation of the state quarantine officer or otherwise, to proclaim and enforce quarantine against any state, territory or district, or any portion of any state, territory or district, with respect to the importation into or transportation through the State of Nevada of any agricultural commodity, burlap, containers or other packing material which may be infected with, or which may have been exposed to infection with, any contagious or destructive disease, or be infested with or exposed to infestation with parasites, weed seeds or propagating parts of plants or insect pests, or the eggs or larvae thereof, dangerous to any industry of this state.
2. No quarantine shall be issued under the provisions of NRS 554.010 to 554.090, inclusive, which will conflict with the provisions of the Constitution of the United States or any Act of the Congress of the United States.
________
Assembly Bill No. 182Mr. Collins
CHAPTER 135
AN ACT to amend NRS sections 609.020, 609.030, 609.040 and 609.060 relating to the legislative policy relating to the employment of females, minimum wages for female employees over and under 18 years of age, probationary periods of employment of females, excluding certain females from the operation of the minimum wage law, and other matters properly relating thereto.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 609.030 is hereby amended to read as follows:
609.030 1. With respect to the employment of females in private employment in this state, it is the sense of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor.
2. The health and welfare of the female workers of this state are of concern to the state and the wisdom of the ages dictates that reasonable hours, not to exceed 8 hours in any 1 day, and 6 days in any calendar week, so as to provide a day of rest and recreation in each calendar week, are necessary to such health and welfare, and, further, that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare.
κ1957 Statutes of Nevada, Page 184 (CHAPTER 135, AB 182)κ
that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare.
3. The policy of this state is hereby declared to be:
(a) That 8 hours in any one 13-hour period, and not more than 48 hours in any 1 calendar week, and not more than 6 days in any calendar week, are the maximum number of hours and days female workers shall be employed in private employment, with certain exceptions in emergencies; and
(b) That not less than the rate of [75] 87.5 cents for 1 hour, or [$6] $7 for 1 day of 8 hours, or [$36] $42 for 1 week of 6 days of 8 hours each, shall be paid such female workers under the age of 18 years in this state; and
(c) That no less than the rate of [87.5 cents] $1 for 1 hour, or [$7] $8 for 1 day of 8 hours, or [$42] $48 for 1 week of 6 days of 8 hours each, shall be paid such female workers 18 years of age or over in this state.
Sec. 2. NRS 609.040 is hereby amended to read as follows:
609.040 1. It shall be unlawful for any person, firm, association or corporation or any agent, servant, employee, officer of any such firm, association or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with, any female under the age of 18 years at or for a lesser wage than [75] 87.5 cents per hour, or [$6] $7 for 1 day of 8 hours, or [$36] $42 for 1 week of 6 days of 8 hours each.
2. It shall be unlawful for any person, firm, association or corporation or any agent, servant, employee, officer of any such firm, association or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with any female 18 years of age or older at or for a lesser wage than [87.5 cents] $1 per hour, or [$7] $8 for 1 day of 8 hours, or [$42] $48 for 1 week of 6 days of 8 hours each.
Sec. 3. NRS 609.060 is hereby amended to read as follows:
609.060 1. During a probationary period of not to exceed 3 consecutive months, the employer and his employee or employees may stipulate that the provisions of NRS 609.010 to 609.180, inclusive, which provide a wage of [75] 87.5 cents per hour or [$6] $7 or more for 1 day of 8 hours or less, or [$36] $42 or more for 1 week of 48 hours or less, for females under the age of 18 years, and a wage of [87.5 cents] $1 per hour or [$7] $8 or more for 1 day of 8 hours or less, or [$42] $48 or more for 1 week of 48 hours or less, for females 18 years of age or older, shall not apply; but in all such cases where such a stipulation has been entered into, the employer shall pay to such female employees under the age of 18 years not less than [$5] $6 for 1 day of not more than 8 hours, or [$30] $36 for 1 week of 6 days of not more than 8 hours each, and shall pay to such female employees 18 years of age or older not less than [$5.50] $6.50 for 1 day of not more than 8 hours, or [$32] $39 for 1 week of 6 days of not more than 8 hours each. All other provisions of NRS 609.010 to 609.180, inclusive, shall in all other respects govern hours and wages of female employees during the stipulated probationary period.
κ1957 Statutes of Nevada, Page 185 (CHAPTER 135, AB 182)κ
2. At the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work, or by another employer where such employment is of a similar nature as the services performed during the probationary period.
3. If any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to the female by the second employer is of a similar nature to that certified to by the former employer of the female of which such employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon the employer to show the contrary.
4. The fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named in NRS 609.010 to 609.180, inclusive, shall not relieve the employer at the close of the period of service of the employee of 3 months of service from the obligation to deliver to the female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to such employee, as well as to future prospective employers.
Sec. 4. NRS 609.020 is hereby amended to read as follows:
609.020 None of the provisions of NRS 609.010 to 609.180, inclusive, shall apply to the state, or any county or city or town therein, or to its or their female employees, or to any female employed in domestic service or to any female employed in any agricultural pursuit anywhere within the state.
________
Assembly Bill No. 191Mr. Christensen (Clark)
CHAPTER 136
AN ACT to amend NRS section 287.150 relating to the provisions of federal-state agreements with reference to participation of employees of the state and its political subdivisions in federal old-age and survivors insurance.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 287.150 is hereby amended to read as follows:
287.150 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 NRS 287.050 to 287.240, inclusive, 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 NRS 287.080).
κ1957 Statutes of Nevada, Page 186 (CHAPTER 136, AB 191)κ
of the governor to enter into modification thereof (hereafter included in the term agreement) with the Secretary, consistent with the terms and provisions of NRS 287.050 to 287.240, inclusive, 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 NRS 287.080). 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:
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 NRS 287.140), 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 1st 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]
(a) 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 [.]; and
(b) Where the state or a political subdivision of the state has attempted to secure the extension of the benefits provided by Title II of the Social Security Act to its employees, or to any of its employees constituting a coverage group as that term is defined in Section 218 of the Social Security Act, but through error has pursued improper procedures, or where any modification to the agreement heretofore or hereafter executed contains an error, a modification may be executed effective with respect to services performed by such employees of the state or of the political subdivision, as the case may be, as of that date as of which a modification could have been effective if proper procedures had been pursued or if no error had occurred in the modification by which such benefits were sought to be secured.
4. All services which constitute employment (as defined in NRS 287.080) 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 NRS 287.080);
κ1957 Statutes of Nevada, Page 187 (CHAPTER 136, AB 191)κ
(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 NRS 287.180,
shall be covered by the agreement.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 210Committee on Agriculture and Irrigation
CHAPTER 137
AN ACT to amend NRS sections 587.170, 587.370 and 587.450 relating to the testing of agricultural seeds, the disposition of fees, and the unlawful use of labels on agricultural products.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 587.170 is hereby amended to read as follows:
587.170 1. Every lot of agricultural seeds, except as otherwise provided in NRS 587.010 to 587.280, inclusive, when sold, offered or exposed for sale in bulk, or in packages or other containers of 1 pound or more shall bear a label stating:
[1.] (a) The commonly accepted name of such agricultural seed and the actual bushel weight thereof.
[2.] (b) The approximate percentage of weight or count of all other agricultural seeds, as defined in NRS 587.020, distinguishable by their appearance, present.
[3.] (c) The approximate total number and kind of secondary noxious and common weed seeds present in each pound.
[4.] (d) The approximate percentage by weight of inert matter present.
[5.] (e) The name of each kind of seeds, seed aggregate, tubers, bulbs or propagating parts of secondary noxious weeds, and the number of the same in each pound, which are present, singly or collectively, as follows:
[(a)] (1) In excess of one such seed, seed aggregates, tuber, bulb or propagating part, in each 5 grams of timothy, redtop, tall meadow oat grass, orchard grass, crested dogtail, Canada blue grass, Kentucky blue grass, fescues, brome grass, perennial and Italian rye grasses, crimson clover, red clover, white clover, alsike clover, sweet clover, Huban clover, alfalfa and other small legumes and grasses not otherwise classified.
[(b)] (2) In excess of one such seed, seed aggregate, tuber, bulb or propagating part, in 25 grams of millet, rape, flax, and other seeds not specified in paragraphs [(a)] (1) and [(c)] (3) of this subsection.
[(c)] (3) In excess of one such seed, seed aggregate, tuber, bulb or propagating part, in 100 grams of wheat, oats, rye, barley, buckwheat, vetches and other seeds as large as or larger than wheat.
κ1957 Statutes of Nevada, Page 188 (CHAPTER 137, AB 210)κ
[6.] (f) The commonly accepted name of each discernible disease, as defined in NRS 587.030, present in the seed and the approximate percentage by weight or count of seeds, seed aggregates, tubers, bulbs or propagating parts, infected with such disease or diseases, and the percentage by weight or count of spores, spore balls or other propagating organs of fungi or other parasites responsible for disease, as defined in NRS 587.030, present.
[7.] (g) The approximate percentage of germination of such agricultural seed, together with the month and year the seed was tested.
[8.] (h) No noxious weed seeds present.
[9.] (i) The full name and address of the vendor of such agricultural seed.
2. Every such lot of agricultural seeds, referred to in subsection 1, shall be tested every 9 months to determine the approximate percentage of germination of such agricultural product. The dates stated on the label as prescribed in paragraph (g) of subsection 1 shall be used in computing such 9-month period.
Sec. 2. NRS 587.370 is hereby amended to read as follows:
587.370 1. The board of county commissioners of any county may employ one or more inspectors to assist in carrying out the provisions of NRS 587.290 to 587.450, inclusive, upon a salary or on a per diem basis, for such period or periods as the board and the state quarantine officer deem necessary; but no inspector shall be so employed who is not licensed by the state quarantine officer, who shall direct all his official activities.
2. Any inspector so employed by any county shall collect all inspection fees fixed and established by the state quarantine officer for any inspections and certifications performed by him, and promptly forward the same to the state quarantine officer. The state quarantine officer shall forward any portion of the same due any federal agency to such agency, and shall forward the balance to the state treasury [.], 10 percent of which shall be credited to the stock inspection fund. The state quarantine officer shall place a claim in favor of the county concerned for such balance with the state board of examiners in the manner provided by law.
Sec. 3. NRS 587.450 is hereby amended to read as follows:
587.450 1. If any quantity of any agricultural product shall have been inspected and a certificate issued under NRS 587.290 to 587.450, inclusive, showing the grade, classification, quality or condition thereof, no person shall represent that the grade, classification, quality or condition of such product at the time and place of such inspection was other than as shown by such certificate.
2. Whenever any standard for a container for an agricultural product becomes effective under NRS 587.290 to 587.450, inclusive, no person thereafter shall pack for sale, offer for sale, consign for sale, or sell and deliver, in a container, any such agricultural product to which the standard is applicable unless the container conforms to the standard, subject to such variations therefrom as may be allowed, in the regulations made under NRS 587.290 to 587.450, inclusive, or unless such product is brought from outside the state and offered for sale, consigned for sale or sold in the original package [.] , but no agricultural product shall be offered for sale which bears a label containing any superlative word or words designating a superior or higher quality unless the product shall conform to the highest grade specification adopted under the provisions of NRS 587.410.
κ1957 Statutes of Nevada, Page 189 (CHAPTER 137, AB 210)κ
product shall be offered for sale which bears a label containing any superlative word or words designating a superior or higher quality unless the product shall conform to the highest grade specification adopted under the provisions of NRS 587.410.
3. Any person violating this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.
Sec. 4. Section 1 of this act shall become effective January 1, 1958. Sections 2 and 3 of this act shall become effective July 1, 1957.
________
Assembly Bill No. 240Mr. Evans
CHAPTER 138
AN ACT to amend NRS section 387.320 relating to the quarterly publication of school district expenditures.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.320 is hereby amended to read as follows:
387.320 1. During the quarter of the school year beginning January 1, 1956, and in each quarter school year thereafter, the clerk of the board of trustees of a county school district shall cause to be published a list of expenditures of the county school district made during the previous quarter school year. The published list of expenditures shall be in the form prescribed by the state board of education.
2. During the quarter of the school year beginning October 1, 1956, and in each quarter school year thereafter the clerk of the board of trustees of a joint school district shall cause to be published lists of expenditures of the joint school district made during the previous quarter school year. The published list of expenditures shall be in the form prescribed by the state board of education.
3. The publication required by subsection 1 shall be printed in some newspaper published and of general circulation in the county the boundaries of which are conterminous with the boundaries of the county school district.
4. The publications required by subsection 2 shall be printed in some newspaper published and of general circulation in each of the counties whose territories are included within the area of the joint school district.
5. The newspapers described in subsections 3 and 4 must possess the qualifications prescribed in chapter 238 of NRS.
6. If no qualified newspaper is published within a county, then the required publication shall be printed in some qualified newspaper printed in the State of Nevada and having a general circulation within the county.
________
κ1957 Statutes of Nevada, Page 190κ
Assembly Bill No. 339Messrs. Fullerton and Bleak
CHAPTER 139
AN ACT to amend an act entitled An Act concerning Lincoln County officers, providing for the appointment of their deputies, defining the duties of said officers and deputies, and fixing their compensation; and repealing all acts and parts of acts inconsistent with the provisions of this act, approved March 13, 1953.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 95, Statutes of Nevada 1953, at page 91, is hereby amended to read as follows:
Section 1. The compensation of the respective officers of Lincoln County, Nevada, is hereby fixed as follows, to be allowed, audited and paid semimonthly.
The county commissioners shall each receive an annual salary of $1,800. The county clerk, the county recorder, the county treasurer, the county assessor and the district attorney shall each receive an annual salary of [$4,200.] $5,100. The sheriff shall receive an annual salary of [$4,500.] $5,100.
Sec. 2. Section 2 of the above-entitled act, being chapter 95, Statutes of Nevada 1953, at page 91, is hereby amended to read as follows:
Section 2. The sheriff shall appoint such number of deputies as [his office may, from time to time, require, and as conditions of the county may demand.] the board of county commissioners may determine. Such deputies shall receive monthly salaries to be fixed by the board of county commissioners, [not in excess of $320,] to be allowed, audited and paid as salaries of other county officers; provided, that the sheriff may appoint other deputies who shall serve without compensation.
Sec. 3. Section 3 of the above-entitled act, being chapter 95, Statutes of Nevada 1953, at page 91, is hereby amended to read as follows:
Section 3. The county assessor, the county treasurer, the county clerk, the county recorder and the district attorney may each employ a deputy [or deputies,] or secretary, when in their respective opinions the business of their offices requires and justifies the same, at a salary to be set by the board of county commissioners [at not in excess of $250 per month,] to be allowed, audited and paid as salaries of other county officers. [; provided, that the entire salaries paid such deputy or deputies in any one office shall not exceed $3,500 in any one year.] The board of county commissioners may authorize any such officer to employ an additional deputy or deputies for emergency work only.
Sec. 4. Section 6 of the above-entitled act, being chapter 95, Statutes of Nevada 1953, at page 91, is hereby amended to read as follows:
Section 6. The sheriff and his deputies, the district attorney, the county assessor, the county clerk, the county treasurer, and the county commissioners shall be allowed [seven and one-half cents per mile when necessarily and actually traveling within or without Lincoln County on county business when using a personally owned automobile; provided, when any of said officers are absent from Lincoln County on county business they shall in addition receive their actual living expenses necessarily incurred.]
κ1957 Statutes of Nevada, Page 191 (CHAPTER 139, AB 339)κ
County on county business when using a personally owned automobile; provided, when any of said officers are absent from Lincoln County on county business they shall in addition receive their actual living expenses necessarily incurred.] necessary traveling expenses for the transaction of public business as provided in NRS 245.060. Claims for such mileage and actual expenses must be filed with the county clerk and if approved by the county commissioners, shall be audited and paid.
Sec. 5. This act shall become effective July 1, 1957.
________
Assembly Bill No. 364Miss Frazier
CHAPTER 140
AN ACT to amend an act entitled An Act empowering the board of regents of the University of Nevada to enter into agreements and to take other action for the purpose of acquiring certain federal lands; making an appropriation therefor; and other matters properly relating thereto, approved February 28, 1956.
[Approved March 21, 1957]
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 27, Statutes of Nevada 1956, at page 52, is hereby amended to read as follows:
Section 3. On June 30, [1957,] 1959, any unexpended or unobligated balance of the moneys hereby appropriated then remaining shall revert to the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 117Senator Johnson
CHAPTER 141
AN ACT to repeal NRS section 328.230 relating to exchange of lands within Boulder Dam State Park with the Federal Government, and to amend NRS section 407.110 relating to Boulder Dam-Valley of Fire State Park to delete reference to section repealed.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 328.230 is hereby repealed.
Sec. 2. NRS 407.110 is hereby amended to read as follows:
407.110 1. [Subject to the provisions of NRS 328.230, the] The N 1/2 of section 25, the W 1/2 of the NW 1/4 and the NW 1/4 of the SW 1/4 of section 26, T. 16 S., R. 66 E., M. D. B. & M.; all of sections 1, 12, 13, the E 1/2 of section 14, the SE 1/4 of section 22, all of section 23, all of section 24, the N 1/2 of section 26, the NE 1/4 of section 27, T.
κ1957 Statutes of Nevada, Page 192 (CHAPTER 141, SB 117)κ
T. 17 S., R. 66 E., M. D. B. & M.; the S 1/2 of section 13, all of sections 19, 20, 21, 22, 23, the N 1/2 of section 24, and the N 1/2 of section 27, T. 17 S., R. 67 E., M. D. B. & M., containing 8,752.47 acres, more or less, are hereby reserved from sale and are set apart for all time for state park and recreational purposes, and shall be known as Boulder Dam-Valley of Fire State Park.
2. The land described in subsection 1 was patented to the State of Nevada by the United States of America under Patent No. 1,052,084, issued November 30, 1931.
________
Senate Bill No. 116Senator Settelmeyer
CHAPTER 142
AN ACT allowing the conveyance of certain lands and improvements to the State of Nevada for park and recreational purposes by Douglas County and the Douglas County school district, and matters properly relating thereto.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding any other provision of law, the board of county commissioners of Douglas County is hereby authorized to convey to the State of Nevada, without consideration, all of that real property, together with the improvements located thereon, known as the Genoa fort and stockade, and particularly described as follows:
Lots numbers 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28, in Block 13, Genoa Townsite, together with all water and water rights and privileges, and ditch and ditch rights thereon and running therewith, as per Official Map of September, 1874, Douglas County Records, Minden, Nevada.
Sec. 2. Notwithstanding any other provision of law, the board of trustees of Douglas County school district is hereby authorized to convey to the State of Nevada, without consideration, all of that real property, together with the improvements located thereon, known as the Genoa School Building, and particularly described as follows:
Lot 11 in Block 9, as shown on the Official Map of the town of Genoa, Douglas County, Nevada, of record in the office of the county recorder of Douglas County, Nevada.
Sec. 3. The conveyances authorized by sections 1 and 2 of this act may contain restrictions to use of the described real property as public parks and recreational areas, and may also provide for reversion of title upon abandonment of such use.
________
κ1957 Statutes of Nevada, Page 193κ
Senate Bill No. 109Senator Cord
CHAPTER 143
AN ACT fixing the compensation of certain county officers of Esmeralda County, Nevada; authorizing and empowering the board of county commissioners of Esmeralda County, Nevada, to regulate the appointment, number and compensation of deputies of county officers and other county employees; repealing certain acts and parts of acts; and other matters properly relating thereto.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sheriff of Esmeralda County for services as sheriff shall receive an annual salary of $2,400. For his services as ex officio county assessor he shall receive an annual salary of $2,400. The sheriff is hereby authorized to appoint one deputy sheriff who shall receive an annual salary of $1,950 as deputy sheriff and an annual salary of $1,950 as ex officio deputy county assessor. The sheriff may also appoint as many deputy assessors and deputy sheriffs as the board of county commissioners shall deem necessary, and the board of county commissioners shall fix the compensation of the deputies so appointed. In no case shall the compensation of such deputies exceed the sum of $10 per day.
Sec. 2. The county clerk and treasurer for his services as county clerk and treasurer shall receive an annual salary of $4,200. He may appoint as many deputies as the board of county commissioners shall deem necessary, and the compensation of such deputies shall not exceed the sum of $10 per day.
Sec. 3. The county recorder and ex officio auditor shall receive an annual salary of $4,200. He may appoint as many deputies as the board of county commissioners shall deem necessary, and the compensation of such deputies shall not exceed the sum of $10 per day.
Sec. 4. The district attorney for his services as district attorney shall receive an annual salary of $4,200. He shall have a clerk or stenographer to be named by him at a salary of not to exceed the sum of $10 per day. When the business of his office shall require and the board of county commissioners shall deem it necessary, he may appoint a deputy who shall be paid at the rate of not to exceed $10 per day.
Sec. 5. The county commissioners of Esmeralda County shall receive the sum of $1,800 per annum each, and mileage at the rate of 10 cents per mile in going to and returning from the county seat when attending a session of the board.
Sec. 6. The salaries enumerated in sections 1, 2, 3, 4 and 5 of this act shall be paid in equal monthly installments and shall be full compensation for all services and ex officio services, both civil and criminal, performed by the above-named officers. All percentages collected by the sheriff as sheriff and ex officio assessor shall be by him paid into the county treasury, and no fees of any kind or character shall be allowed the above-named officers. They shall make full, true and correct reports of all fess collected by them monthly to the board of county commissioners.
κ1957 Statutes of Nevada, Page 194 (CHAPTER 143, SB 109)κ
commissioners. The board of county commissioners is authorized to allow the traveling expenses of all the above-named officers when traveling either in Esmeralda County or elsewhere in the performance of the duties of their offices.
Sec. 7. Chapter 97, Statutes of Nevada 1953, at page 94, entitled An Act fixing the compensation of certain county officers of Esmeralda county, Nevada; authorizing and empowering the board of county commissioners of said county to regulate the appointment, number and compensation of their deputies and other county employees; and repealing all acts and parts of acts in conflict herewith, approved March 13, 1953, as amended by chapter 361, Statutes of Nevada 1955, at page 599, and all other acts and parts of acts in conflict herewith are hereby repealed.
Sec. 8. This act shall become effective on June 1, 1957.
________
Senate Bill No. 88Senator Whitacre
CHAPTER 144
AN ACT to amend Title 25 of NRS relating to public organizations for community service by creating a new chapter relating to the organization of swimming pool districts; defining certain words and terms; providing for boards of directors, their powers and duties; providing for the financial administration, contracts and bonds of swimming pool districts; providing for the inclusion and exclusion of property and the dissolution of such districts; and other matters properly relating thereto.
[Approved March 21, 1957]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 25 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 41, inclusive, of this act.
Sec. 2. This chapter shall be known and cited as the Swimming Pool District Law.
Sec. 3. It is hereby declared that the organization of swimming pool districts, having the purposes and powers provided in this chapter, will serve a public use and will promote the health, safety, public recreation and general welfare of the inhabitants of the districts.
Sec. 4. 1. A district may be entirely within or entirely without, or partly within and partly without, one or more municipalities or counties, and the district may consist of noncontiguous tracts or parcels of property.
2. The word board as used in this chapter shall mean the board of directors of a district.
3. A taxpaying elector of a district, within the meaning of this chapter, is a person, resident or nonresident of the district and of a county in which the district is located, who is qualified to vote at general elections in this state, and who, or whose spouse, is obligated as an owner or as a contract purchaser at a designated time or event to pay a general tax on real or personal property within the district.
κ1957 Statutes of Nevada, Page 195 (CHAPTER 144, SB 88)κ
Registration pursuant to the general election (or any other) statutes is not required.
4. Wherever the term publication is used in this chapter and no manner specified therefor, it shall be taken to mean once a week for 3 consecutive weeks in at least one newspaper of general circulation in the district. It shall not be necessary that publication be made on the same day of the week in each of the 3 weeks, but not less than 14 days, excluding the day of the first publication but including the day of the last publication, shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication.
Sec. 5. The district court sitting in and for any county in this state, or any judge thereof, is hereby vested with jurisdiction, power and authority to establish districts which may be entirely within or partly within and partly without the judicial district in which the court is located.
Sec. 6. 1. The organization of a district shall be initiated by a petition filed in the office of the clerk of the court vested with jurisdiction, in the county in which all or part of the real property in the proposed district is situated. The petition shall be signed by not less than 10 percent or 100 of the taxpaying electors of the district, whichever number is smaller.
2. The petition shall set forth:
(a) The name of the proposed district consisting of a chosen name preceding the words swimming pool district.
(b) A general description of the improvements to be constructed or installed for the district.
(c) The estimated cost of the proposed improvements.
(d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.
(e) A prayer for the organization of the district.
3. No petition with the requisite signatures shall be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed shall be considered by the court the same as though filed with the first petition placed on file.
Sec. 7. At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on the petition, a bond shall be filed, with security approved by the court, or a cash deposit made sufficient to pay all expenses connected with the proceedings in case the organization of the district is not effected. If at any time during the proceedings the court shall be satisfied that the bond first executed or the amount of cash deposited is insufficient in amount, it may require the execution of an additional bond or the deposit of additional cash within a time to be fixed, not less than 10 days distant, and upon failure of the petitioner to execute or deposit the same, the petition shall be dismissed.
κ1957 Statutes of Nevada, Page 196 (CHAPTER 144, SB 88)κ
and upon failure of the petitioner to execute or deposit the same, the petition shall be dismissed.
Sec. 8. 1. Immediately after the filing of such petition, the court wherein such petition is filed, or a judge thereof, shall by order fix a place and time, not less than 20 days nor more than 40 days after the petition is filed, for hearing thereon. Thereupon, the clerk of the court shall cause notice by publication to be made of the pendency of the petition, the purposes and boundaries of the district, and of the time and place of hearing thereon. The clerk of the court shall also forthwith cause a copy of the notice to be mailed by United States registered mail to the board of county commissioners of each of the several counties and to the governing body of each municipality having territory within the proposed district.
2. The district court in and for the county in which the petition for the organization of a district has been filed shall thereafter for all purposes of this chapter, except as otherwise provided, maintain and have original and exclusive jurisdiction, coextensive with the boundaries of the district, and of the property proposed to be included in the district or affected by the district without regard to the usual limits of its jurisdiction.
3. No judge of such court wherein such petition is filed shall be disqualified to perform any duty imposed by this chapter by reason of ownership of property within any proposed district.
Sec. 9. 1. Upon the hearing, if the court finds that no petition has been signed and presented in conformity with this chapter, it shall dismiss the proceedings and adjudge the costs against the signers of the petition in such proportion as it shall deem just and equitable. No appeal shall lie from an order dismissing the proceedings. Nothing in this section shall be construed to prevent the filing of a subsequent petition for similar improvements or for a similar district, and the right so to renew such proceedings is hereby expressly granted and authorized.
2. Any time after the filing of the petition for the organization of a district and before the day fixed for the hearing thereon, the owner of any property within the proposed district may file a petition with the court stating reasons why the property should not be included therein, and praying that the property be excluded therefrom. Such petition shall be duly verified and shall describe the property sought to be excluded. The court shall hear the petition and all objections thereto at the time of the hearing on the petition for organization, and shall determine whether the property should be excluded or included in the district.
3. Upon the hearing, if it shall appear that a petition for the organization of a district has been signed and presented in conformity with this chapter, and that the allegations of the petition are true, the court, by order duly entered of record, shall direct that the question of the organization of the district shall be submitted to the taxpaying electors of the district at an election to be held for that purpose, and such order shall appoint three taxpaying electors of the district as judges of the election. The clerk of the court having jurisdiction shall give notice by publication of the time and place of the election, which shall be held not less than 20 days after the first publication of the notice.
κ1957 Statutes of Nevada, Page 197 (CHAPTER 144, SB 88)κ
which shall be held not less than 20 days after the first publication of the notice. Such notice shall state the purposes and boundaries of the district.
4. Such election shall be held and conducted as nearly as may be in the same manner as general elections in this state. For the purpose of determining qualifications of electors, the election judges may require the execution of an affidavit concerning the qualifications of any elector.
5. At such election the voters shall vote for or against the organization of the district, and for five taxpaying electors of the district, who shall constitute the board of directors of the district, two directors to act until the first biennial election, three until the second biennial election.
6. The judges of election shall certify the returns of the election to the district court having jurisdiction. If a majority of the votes cast at the election are in favor of the organization, the district court shall declare the district organized and give the district the corporate name designated in the petition, by which it shall thereafter be known in all proceedings, and designate the first board of directors elected. Thereupon, the district shall be a governmental subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.
7. If an order is entered establishing the district, such order shall be deemed final. The entry of such order shall finally and conclusively establish the regular organization of the district against all persons, unless a notice of appeal from such order shall be filed within 20 days after the entry of such order, or unless within 30 days after the entry of such order an action in the nature of a writ of quo warranto shall be commenced by the attorney general on behalf of the State of Nevada, and not otherwise. The organization of the district shall not be directly or collaterally questioned in any suit, action or proceeding except as expressly authorized in this subsection.
Sec. 10. Within 30 days after the district has been declared a corporation by the court, the clerk of the court as county clerk shall file in his office a copy of the findings and the decree of the court incorporating the district, and he shall transmit copies to the county clerk of each of the counties in which the district or a part thereof may be or extend. The copies shall be filed in the same manner as articles of incorporation are required to be filed under the general laws concerning corporations, but the county clerk in each county shall receive no fee for filing and preserving the same.
Sec. 11. Whenever a district has been declared duly organized, the members of the board shall qualify by filing with the county clerk their oaths of office, and corporate surety bonds, at the expense of the district, in an amount not to exceed $1,000 each, the form thereof to be fixed and approved by the court, conditioned for the faithful performance of their duties as directors.
Sec. 12. 1. After taking oath and filing bonds, the board shall choose one of its members as chairman of the board and president of the district, and shall elect a secretary and treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one person.
κ1957 Statutes of Nevada, Page 198 (CHAPTER 144, SB 88)κ
secretary and the treasurer may be one person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all of its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees, and all corporate acts, which book shall be open to inspection of all owners of real property in the district as well as to all other interested persons.
2. The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the county clerk, at the expense of the district, a corporate fidelity bond in an amount not less than $5,000, conditioned for the faithful performance of the duties of his office.
3. No member of the board shall receive compensation for his services. No member of the board shall receive any compensation as an employee of the district or otherwise, and no member of the board shall be interested in any contract or transaction with the district, except in his official representative capacity.
4. The board of directors shall cause an audit to be made of all financial affairs of the district during each year ending November 30, which audit shall be made during the last month of each calendar year. A financial statement shall be certified by the person making such audit, which shall be published in a newspaper of general circulation in the district, in one issue during the first week of January following such audit. Such audit shall be made by a public accountant or certified public accountant, who is not otherwise employed by the district.
5. The court having jurisdiction of the district shall have the power to remove directors for cause shown, on petition, notice and hearing.
Sec. 13. The board shall meet regularly four times each year at a time and in a place to be designated by the board. Special meetings may be held as often as the needs of the district require, on notice to each member of the board. Three members of the board shall constitute a quorum at any meeting. Any vacancy on the board shall be filled by the remaining members or member of the board, the appointee to act until the next biennial election when the vacancy shall be filled by election. If the board shall fail, neglect or refuse to fill any vacancy within 30 days after the same occurs, the court having jurisdiction shall fill such vacancy.
Sec. 14. 1. At the next general election and in conjunction therewith after the organization of any district, and in conjunction with every general election thereafter, an election shall be held which shall be known as the biennial election of the district.
2. At the first biennial election in any district hereafter organized, and each fourth year thereafter, there shall be elected by the taxpaying electors of the district two members of the board to serve for terms of 4 years; at the second biennial election and each fourth year thereafter, there shall be elected three members of the board to serve for terms of 4 years.
3. Not later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall not later than 30 days before any such election certify such nominations to the county clerk, or clerks if the district is composed of territory in more than one county.
κ1957 Statutes of Nevada, Page 199 (CHAPTER 144, SB 88)κ
one county. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk, his name shall be placed on the ballot. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidates receiving the most votes shall be elected. Any new member of the board shall qualify in the same manner as members of the first board qualify.
Sec. 15. For and on behalf of the district the board shall have the following powers:
1. To have perpetual existence.
2. To have and use a corporate seal.
3. To sue and be sued, and be a party to suits, actions and proceedings.
4. Except as otherwise provided in this chapter, to enter into contracts and agreements affecting the affairs of the district, including contracts with the United States of America and any of its agencies or instrumentalities. Except in cases in which a district will receive aid from a governmental agency, a notice shall be published for bids on all construction contracts for work, or material, or both, involving an expense of $2,000 or more. The district may reject any and all bids, and if it shall appear that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do.
5. To borrow money and incur indebtedness and evidence the same by certificates, notes or debentures and to issue bonds, in accordance with the provisions of this chapter.
6. To acquire, dispose of and encumber real and personal property, water, water rights, and any interest therein, including leases and easements.
7. To refund any bonded indebtedness of the district without an election. Otherwise, the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds.
8. To have the management, control and supervision of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvements therein.
9. To hire and retain agents, employees, engineers and attorneys.
10. To have and exercise the power of eminent domain and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted, both within and without the district.
11. To construct and maintain swimming pools and works, and establish and maintain facilities in conjunction therewith.
12. To fix and from time to time to increase or decrease rates or charges for services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district.
13. To adopt and amend bylaws, not in conflict with the constitution and laws of the state, for carrying on the business, objects and affairs of the board and of the district.
κ1957 Statutes of Nevada, Page 200 (CHAPTER 144, SB 88)κ
14. To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.
15. When a district lies entirely within an incorporated city and when all of its indebtedness has been fully paid or satisfied, to convey to such city with the consent of the governing authority thereof all of the property of such district upon the condition that such city will operate and maintain such property. Upon such conveyance the district shall be dissolved and a certificate to such effect shall be signed by the clerical officer of the city and filed with the county clerk of the counties in which the order establishing the district is filed.
16. When two or more districts are using the same or joint facilities and when the obligations of each district are fully paid or satisfied, to consolidate such districts into one. In such an event the consolidated district shall be under the control of a joint board consisting of the members of each board, until by the occurrence of vacancies or expiration of terms of office the board is reduced to five members. Thereafter, the members of the board shall be elected as provided in section 14.
Sec. 16. In addition to the other means providing revenue for such districts as herein provided, the board shall have power and authority to levy and collect ad valorem taxes on and against all taxable property within the district.
Sec. 17. To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and together with other revenues, will raise the amount required by the district annually to supply funds for paying expenses of organization and the costs of construction, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on and principal of bonds and other obligations of the district; and in the event of accruing defaults or deficiencies, an additional levy may be made as provided in section 18. The board shall certify to the board of county commissioners of each county within the district, or having a portion of its territory within the district, at the same time as fixed by law for certifying thereto tax levies of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying taxes for county purposes such board of county commissioners shall levy such tax upon the assessed valuation of all taxable property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.
Sec. 18. The board, in certifying annual levies as herein provided, shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, maturing bonds and interest on bonds, and deficiencies and defaults of prior years, and shall make ample