[Rev. 3/1/2019 5:39:52 PM]
κ1959 Statutes of Nevada, Page 201κ
Assembly Bill No. 202Mr. Ryan
CHAPTER 183
AN ACT to amend NRS sections 616.585, 616.590, 616.605 and 616.620, relating to compensation for temporary total disability, compensation and determination of permanent partial disability, and lump sum payments for disabilities under the Nevada Industrial Insurance Act, by increasing compensation for temporary total disability, increasing compensation for the loss of eyes and sight and other cases of permanent partial disability, by increasing the amount of lump sum payments which may be paid; and by providing other matters properly relating thereto.
[Approved March 14, 1959]
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, 65 percent of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman 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 [$250] $275 a month shall not be taken into account in computing such compensation.
Sec. 2. NRS 616.590 is hereby amended to read as follows:
616.590 In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of [$50] $60 per month and a maximum of [$90] $100 per month, shall be paid for the period named in the following schedule:
Arms.
Amputation at shoulder or between shoulder and elbow, major arm 60.................................................................................................... months
Amputation at shoulder or between shoulder and elbow, minor arm 50.................................................................................................... months
Amputation at elbow, major arm.................................................. 56 2/3.................................................................................................... months
Amputation at elbow, minor arm.................................................. 46 2/3.................................................................................................... months
Amputation between elbow and wrist joint, major arm............ 53 1/3.................................................................................................... months
Amputation between elbow and wrist joint, minor arm............ 43 1/3.................................................................................................... months
The permanent and complete loss of the use of an arm may be deemed the same as the loss of an arm by separation.
For the partial loss of use of an arm, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of an arm, which the partial loss of use thereof bears to the total loss of use of an arm.
κ1959 Statutes of Nevada, Page 202 (CHAPTER 183, AB 202)κ
...... of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of an arm, which the partial loss of use thereof bears to the total loss of use of an arm.
Eyes and loss of sight.
For the loss of an eye by enucleation......................................... [30] 50.................................................................................................... months
For the permanent and complete loss of sight in one eye without enucleation............................................................................... [25] 40.................................................................................................... months
For partial loss of sight, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of sight, which the partial loss thereof bears to the total loss of sight.
Feet.
For the loss of a foot..................................................................... 40.................................................................................................... months
The permanent and complete loss of the use of a foot may be deemed the same as the loss of a foot by separation.
For the partial loss of a foot, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a foot, which the partial loss of use thereof bears to the total loss of use of a foot.
Fingers and thumbs.
For the loss of a thumb................................................................. 15.................................................................................................... months
For the loss of one-half of the distal phalange of a thumb...... 4.................................................................................................... months
For the loss of a first finger, commonly called the index finger 9.................................................................................................... months
For the loss of one-half of a distal phalange of a first finger.. 2 1/2.................................................................................................... months
For the loss of a second finger.................................................... 7.................................................................................................... months
For the loss of one-half of a distal phalange of a second finger 1 1/2.............................................................................................. months
For the loss of a third finger......................................................... 5.................................................................................................... months
For the loss of a fourth finger, commonly called the little finger 4.................................................................................................... months
The permanent and complete loss of the use of a finger or thumb may be deemed the same as the loss of a finger or thumb by separation.
The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb, but in no case shall the amount received for more than one thumb or finger exceed the amount provided in this section for the loss of a hand.
The loss of a distal or second phalange of the thumb, or the distal or third phalange of the first, second, third or fourth finger shall be considered a permanent partial disability and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.
κ1959 Statutes of Nevada, Page 203 (CHAPTER 183, AB 202)κ
...... considered a permanent partial disability and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.
For the partial loss of use of a finger or thumb, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a finger or thumb, which the partial loss of use thereof bears to the total loss of use of a finger or thumb.
Hands.
Amputation of major hand at wrist.............................................. 50.................................................................................................... months
Amputation of minor hand at wrist............................................. 40.................................................................................................... months
The permanent and complete loss of the use of a hand may be deemed the same as the loss of a hand by separation.
For the partial loss of use of a hand, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a hand, which the partial loss of use thereof bears to the total loss of use of a hand.
Head and facial disfigurement.
For permanent disfigurement about the head or face the commission may allow such sum for compensation thereof as it may deem just in accordance with the proof submitted, for a period not to exceed 12 months.
Hearing.
For permanent and complete loss of hearing in both ears....... 60.................................................................................................... months
For permanent and complete loss of hearing in one ear.......... 20.................................................................................................... months
For partial loss of hearing, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of hearing, which the partial loss thereof bears to the total loss of hearing.
Legs.
For the loss of a leg....................................................................... 50.................................................................................................... months
The permanent and complete loss of the use of a leg may be deemed the same as the loss of a leg by separation.
For the partial loss of use of a leg, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a leg, which the partial loss of use thereof bears to the total loss of use of a leg.
κ1959 Statutes of Nevada, Page 204 (CHAPTER 183, AB 202)κ
Toes.
For the loss of a great toe............................................................. 7.................................................................................................... months
For the loss of one of the other toes, other than the great toes 2 1/2.............................................................................................. months
The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and compensation shall be one-half of the amount specified.
The loss of more than one phalange shall be considered as the loss of the entire toe.
The permanent and complete loss of the use of a toe may be deemed the same as the loss of a toe by separation.
For the partial loss of use of a toe, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a toe, which the partial loss of use thereof bears to the total loss of use of a toe.
Sec. 3. NRS 616.605 is hereby amended to read as follows:
616.605 1. In all cases of permanent partial disability not otherwise specified in NRS 616.590, 616.595 and 616.600, the percentage of disability to the total disability shall be determined by the commission. For the purpose of computing compensation for a disability that is partial in character but permanent in quality the period of 1 month shall represent a 1-percent disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of [$50] $60 per month and a maximum of [$90] $100 per month, shall be paid for the period so determined.
2. In determining the percentage of disability, consideration shall be given, among other things, to any previous disability, the occupation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury.
3. Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.
4. The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this section.
Sec. 4. NRS 616.620 is hereby amended to read as follows:
616.620 Except as provided by subsection 11 of NRS 616.615, the commission may, in its discretion, allow the conversion of the compensation provided for in this chapter into a lump sum payment not to exceed [$7,000,] $10,000, under such rules and regulations and system of computation as the commission may deem proper [.] , except that such sum shall be computed and paid without discount for present worth or deduction of other penalties.
κ1959 Statutes of Nevada, Page 205 (CHAPTER 183, AB 202)κ
except that such sum shall be computed and paid without discount for present worth or deduction of other penalties.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 203Mr. Ryan
CHAPTER 184
AN ACT to amend NRS section 617.420, relating to the minimum duration of incapacity from an occupational disease without compensation, by providing that medical benefits shall be paid from the date of application for payment of medical benefits.
[Approved March 14, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 617.420 is hereby amended to read as follows:
617.420 No compensation shall be paid under this chapter for disability which does not incapacitate the employee for a period of at least 5 days from earning full wages, but if the incapacity extends for a period of 5 or more days, such compensation shall then be computed from the date of disability [.] ; except that the limitations in this section shall not apply to medical benefits which shall be paid from the date of application for payment of medical benefits.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 213Messrs. Buckingham, Bailey, Revert, Pasquale, Dyer and Miss Frazier
CHAPTER 185
AN ACT to amend NRS section 391.180, relating to payment of salaries of teachers and other employees of school districts, and absences with compensation, by increasing the number of days permitted for absence with compensation.
[Approved March 14, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, teacher means a teacher, a principal or a superintendent of schools of a school district in this state.
2. A school month in any public school in this state shall consist of 4 weeks of 5 days each, and, except as otherwise provided, a teacher thereof shall be paid only for the time in which he is actually engaged in teaching or in other educational services rendered the school district.
3. Nothing contained in this section shall prohibit the payment of teachers compensation in 12 equal monthly payments for 9 or more months teaching.
κ1959 Statutes of Nevada, Page 206 (CHAPTER 185, AB 213)κ
teachers compensation in 12 equal monthly payments for 9 or more months teaching.
4. The per diem deduction from the salary of a teacher because of absence from service for reasons other than those specified in this section shall be made on the basis of the monthly payment of such salary.
5. Boards of trustees may pay the salary of any teacher unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in his family, but such salary shall not be paid for more than [10] 15 school days in the aggregate in any 1 school year, or for more than [20] 25 school days in the aggregate for any 2 consecutive school years, or for more than [30] 40 school days in the aggregate for any 3 consecutive school years in the same school unless:
(a) Specifically authorized by the unanimous vote of the board of trustees upon the written request of the teacher for some special, substantial and convincing reason, and under such peculiar circumstances as to make such compensation fair and reasonable to all affected thereby and not detrimental to the school district; and
(b) Approved by the deputy superintendent of public instruction of the proper educational supervision district.
6. When an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary shall be made therefor. When on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a duly constituted board of health and such intermission or closing does not exceed 30 days at any one time, there shall be no deduction or discontinuance of salaries.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 282Messrs. Young and Berrum
CHAPTER 186
AN ACT to amend NRS section 573.030, relating to bonds of applicants and licensees of public livestock auctions, by increasing the amounts of such bonds; to amend chapter 573 of NRS, relating to public livestock auctions, by adding a new section requiring each operator of a public livestock auction to give a receipt to each purchaser; and by providing other matters properly relating thereto.
[Approved March 14, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 573.030 is hereby amended to read as follows:
573.030 1. Each applicant for a license to operate and conduct a public livestock auction shall file a corporate bond with the board.
2. The bond shall be in the principal amount of [$1,000;] $5,000; but if the board is of the opinion that the volume of business and the nature of the operation of any public livestock auction is such as to render a bond of [$1,000] $5,000 inadequate, then the board, after reasonable notice to the operator of such public livestock auction, may require that the bond be increased to an amount fixed by the board [.]
κ1959 Statutes of Nevada, Page 207 (CHAPTER 186, AB 282)κ
render a bond of [$1,000] $5,000 inadequate, then the board, after reasonable notice to the operator of such public livestock auction, may require that the bond be increased to an amount fixed by the board [.] not to exceed $100,000. The amount fixed by the board shall not be in excess of the average gross receipts for livestock sold through such public livestock auction at the several sales held during the preceding 12 months, or during the period for which the public livestock auction has been operated if it has been operated for less than 12 months, and shall not in any case be more than [$5,000.] $100,000. The bond shall be conditioned for the prompt remittance to consignors of the proceeds from any sale or exchange of livestock.
3. The board may also require from the operator of any public livestock auction a bond in any reasonable amount, not [exceeding in any case $5,000 ,] less than $5,000 nor more than $100,000, for the protection of purchasers of livestock from any such operator for good title to such purchased livestock.
4. Such bonds shall be in a form and with sureties satisfactory to the board, and shall provide that they may not be canceled without 10 days notice in writing to the board. Such bonds shall be for the use and benefit of any consignor or purchaser suffering loss or damage by breach of the conditions thereof, and any such consignor or purchaser may bring an action for recovery thereon.
5. In lieu of filing a bond, the operator of a public livestock auction may deliver to the board the receipt of a duly authorized bank or trust company in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgments against the operator of such public livestock auction of record in the county where the operator resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.
Sec. 2. Chapter 573 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Each operator of a livestock auction shall issue to each purchaser of livestock a receipt on a form approved by the board, and such receipt shall contain:
1. The name and address of the purchaser of the livestock.
2. A description of the livestock, which shall include the number and kind, approximate age, the sex, and any visible brands or other distinguishing or identifying marks.
________
κ1959 Statutes of Nevada, Page 208κ
Assembly Bill No. 306Mr. Christensen (Clark)
CHAPTER 187
AN ACT to amend NRS sections 353.090, 353.185, 353.205, 353.210, 353.220, 353.230 and 353.240, relating to procedure for payment of claims against the state when legislative appropriation has been made and to procedure and contents of the state budget, by eliminating the requirements that approved claims shall be published monthly and that the governor shall transmit to the state treasurer copies of department allotment revision requests; by requiring annual preparation of state budget; and by providing other matters properly relating thereto.
[Approved March 14, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.090 is hereby amended to read as follows:
353.090 1. All claims against the state for services or advances, for payment of which an appropriation has been made by law and which have been authorized by law, but of which the amount has not been liquidated and fixed, may be presented to the state board of examiners by an account or petition. The form of the account or petition and the manner of its presentation shall be as prescribed by the rules of the board. The claimant may present his evidence to sustain the demand, which evidence, if oral, shall be reduced to writing. The board shall either reject or allow the claim, in whole or in part, within 30 days from its presentation. If the claim is allowed in whole or in part, the members of the board shall endorse over their signatures: Approved for the sum of .dollars, and immediately shall transmit the same so endorsed, together with all the evidence received by the board relating thereto, to the state controller.
2. The state board of examiners may, by rule duly adopted, require the ex officio clerk of the board, after the clerk has checked and audited all claims as required by law, to prepare and submit to the board a complete statement in writing listing all the claims so checked and audited by him, setting forth therein:
(a) The number of the claim.
(b) The name of the claimant.
(c) The nature and substance of the claim.
(d) The amount thereof found due and owing thereon.
Upon the submission of the statement to the board, the board may approve the statement, in whole or in part, within 30 days from its presentation, and shall endorse upon the same, if allowed in its entirety, over the signatures of the members of the board: Each claim approved for the sum total thereof, or if any or all claims so listed shall be rejected or changed by the board, it shall so be endorsed over the signatures of the members of the board upon the statement. The statement when endorsed by the board shall constitute the action of the board upon the claims presented to the board, and approval of each individual claim shall not be necessary. The statement upon its endorsement, together with the individual claims audited by the clerk of the board and all evidence relating to the claims received by the board, shall be transmitted immediately to the state controller.
κ1959 Statutes of Nevada, Page 209 (CHAPTER 187, AB 306)κ
3. The ex officio clerk of the board shall [:
(a) Record] record all claims submitted to the board.
[(b) Cause the publication monthly of all claims approved by the board for the preceding month in a newspaper published in Carson City, Nevada.]
4. The state controller shall not allow or draw his warrant for any claim of the class described in this section which shall not have been approved by the state board of examiners, or for a greater amount than allowed by the board, except when the claim shall not have been acted upon by the board within 30 days after its presentation to the board.
Sec. 2. NRS 353.185 is hereby amended to read as follows:
353.185 The powers and duties of the director of the budget shall be:
1. To appraise the quantity and quality of services rendered by each department and agency, and the needs for such services and for any new services.
2. To develop plans for improvements and economies in organization and operation of departments, and to install such plans as are approved by the respective heads of departments, or as are directed to be installed by the governor or the legislature.
3. To cooperate with the state planning board in developing comprehensive, long-range plans for capital improvements and the means for financing them.
4. To devise and prescribe the forms of operation reports to be required periodically from the several departments and agencies, and to require the several departments and agencies to make such reports.
5. To prepare the [biennial] annual executive budget report for the governors approval and submission to the legislature.
6. To prepare a state budget for [each fiscal year of the ensuing biennium,] the next fiscal year, which budget shall:
(a) Present a complete financial plan for [each fiscal year of the ensuing biennium;] the next fiscal year;
(b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise;
(c) Set forth all interest and debt redemption charges during [each] the next fiscal year;
(d) Set forth all expenditures for capital projects to be undertaken and executed during [each fiscal year of the biennium;] the next fiscal year; and
(e) Set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for [each] the next fiscal year.
7. [To recommend transfers between appropriations under the provisions of law, to become effective upon approval by the governor.
8.] To examine and approve work programs and quarterly allotments to the several departments, and changes therein.
[9.] 8. To examine and approve all statements and reports on the financial condition and estimated future financial condition and the operations of the state government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication.
κ1959 Statutes of Nevada, Page 210 (CHAPTER 187, AB 306)κ
operations of the state government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication.
[10.] 9. To receive and deal with all requests for information as to financial conditions and operations of the state.
[11.] 10. To prepare such statements of unit costs and other cost statistics as may be required from time to time, or requested by the governor or the legislature.
[12.] 11. To do and perform such other and further duties relative to the development and submission of an adequate budget for the State of Nevada as the governor may require.
Sec. 3. NRS 353.205 is hereby amended to read as follows:
353.205 The state budget for each fiscal year shall be set up in three parts, namely:
1. Part 1 shall consist of a budget message by the governor which shall outline the financial policy of the state government for the [ensuing biennium,] next fiscal year, describing in connection therewith the important features of the financial plan. It shall also embrace a general budget summary setting forth the aggregate figures of the budget in such manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for [each fiscal year of the ensuing biennium,] the next fiscal year, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general budget summary shall be supported by explanatory schedules or statements, classifying the expenditures contained therein by organization units, objects and funds, and the income by organization units, sources and funds.
2. Part 2 shall embrace the detailed budget estimates both of expenditures and revenues as provided in NRS 353.150 to 353.245, inclusive. It shall also include statements of the bonded indebtedness of the state government, showing the debt redemption requirements, the debt authorized and unissued, and the condition of the sinking funds. In addition thereto, it shall contain any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.
3. Part 3 shall include the general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the state government for [each fiscal year of the ensuing biennium,] the next fiscal year, and may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if and when adopted by the legislature.
Sec. 4. NRS 353.210 is hereby amended to read as follows:
353.210 1. On or before [October 1 of the even-numbered years,] September 1 of each year, all departments, institutions and other agencies of the state government, and all agencies receiving state funds, fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the director of the budget, and submit to the director estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for [each fiscal year of the biennium] the next fiscal year compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.
κ1959 Statutes of Nevada, Page 211 (CHAPTER 187, AB 306)κ
expenditure requirements, together with all anticipated income from fees and all other sources, for [each fiscal year of the biennium] the next fiscal year compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.
2. The expenditure estimates shall be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the director. If any department, institution or other agency of the state government, whether its funds be derived from state funds or from other moneys collected under the authority of the state, shall fail or neglect to submit estimates of its expenditure requirements as herein provided, the director shall have power and authority, from any data at hand in his office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution or agency in accordance with such data as he may have at hand or obtain.
3. On or before [December 1 of the even-numbered years,] October 1 of each year, the director shall deliver copies of the expenditure estimates to the legislative auditor, together with such other information as required by subsection 1.
Sec. 5. NRS 353.220 is hereby amended to read as follows:
353.220 1. The head of any department, institution or agency of the state government, whenever he shall deem it necessary by reason of changed conditions, may revise the work program of his department, institution or agency at the beginning of any quarter during the fiscal year, and submit such revised program to the governor through the director with a request for revision of the allotments of the remaining quarters of that fiscal year.
2. Every such request for revision shall be submitted to the director at least 15 days prior to the commencement of the quarter when such revision, if approved, is to become effective. Within 10 days after submission to him the director of the budget shall transmit the request for revision with his recommendations in writing to the governor. Within 5 days thereafter the governor shall approve or disapprove such request in writing.
3. The governor shall promptly transmit a copy of such approval or disapproval to the director, [the state treasurer,] the state controller and to the head of the department, institution or agency making the request.
Sec. 6. NRS 353.230 is hereby amended to read as follows:
353.230 1. The director shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies and the total anticipated income of the state government and of the various departments, institutions and agencies thereof during the [ensuing biennium.] next fiscal year.
2. The director shall then prepare a budget, in accordance with NRS 353.150 to 353.245, inclusive, and shall deliver the same to the governor prior to the fifth day of the regular legislative session. The governor shall transmit such budget to the legislature not later than the 10th day of the regular legislative session.
κ1959 Statutes of Nevada, Page 212 (CHAPTER 187, AB 306)κ
governor shall transmit such budget to the legislature not later than the 10th day of the regular legislative session.
3. During the consideration of the general appropriation bill, the special appropriation bills and the bills authorizing budgeted expenditures by the departments, institutions and agencies operating on funds designated for specific purposes by the constitution or otherwise, submitted by the governor with the budget, the governor or his representative shall have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.
Sec. 7. NRS 353.240 is hereby amended to read as follows:
353.240 1. The governor shall submit to his successor in office:
(a) A detailed record of all expenditures made in the preceding [biennium] fiscal year by each of the departments of the state government supported by public funds.
(b) A record of fund balances, the income to each fund in the state treasury, and the record of the sources of income to each fund in the state treasury from or during the preceding [biennium.] fiscal year.
(c) A statement of the bonded debt and of the obligations and assets of the state as of the close of the preceding [biennium.] fiscal year.
2. The records and statements required by subsection 1 shall be submitted in such form as to permit the entry of the items in the state budget.
Sec. 8. This act shall become effective upon passage and approval.
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Assembly Bill No. 312Elko County Delegation
CHAPTER 188
AN ACT to amend NRS section 19.150, relating to the fees of the county clerk of Elko County, Nevada, by increasing the filing fee for a civil action.
[Approved March 14, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.150 is hereby amended to read as follows:
19.150 1. The county clerk of Elko County, as county clerk and ex officio clerk of the District Court of the Fourth Judicial District of the State of Nevada, in and for the county of Elko, shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court or on an appeal thereto or on the transfer of any case from a justices court, except probate proceedings, to be paid by the party commencing such action or proceeding or taking such appeal, or on the transfer of a case from a justices court, by the plaintiff therein, the fee to be in addition to the court fee now provided by law.................................................. [$7.00].............................................................................................................. $12.00
κ1959 Statutes of Nevada, Page 213 (CHAPTER 188, AB 312)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 in addition to the court fee now provided by law........................................................ $8.50
On filing a petition to contest any will or codicil, to be paid by the petitioner .............................................................................................................. 5.00
On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of an account or any other proceeding in an estate or guardianship matter, to be paid by the moving or objecting party.................................................... 5.00
On the appearance of any defendant or any number of defendants answering jointly................................................................................................... [5.00].............................................................................................................. 10.00
On the appearance of every additional defendant, appearing separately, or any number of additional defendants, appearing jointly............. 2.50
On the filing of a complaint in intervention................................................ 2.50
The foregoing fees shall be in full for all services rendered by the clerk in the case, to and including the making up of the judgment roll.
2. The clerk shall also be entitled to charge and collect the following fees and compensations 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 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 certifying any copy of any record, proceeding or paper on file in the office of the clerk........................................................................................... .50
When such copy is made by him, per folio................................................ .15
For filing, indexing and registering certificates of copartnership............ 1.00
For issuing marriage licenses, one-half to be paid to the county recorder .............................................................................................................. 2.00
For issuing any certificate under seal, not otherwise provided for........ .50
For searching records or files in his office, for each year, but not to charge suitors or attorneys........................................................................... .50
For taking acknowledgment of any deed or other instrument, including the certificate............................................................................................. 1.00
For filing, indexing and recording articles of incorporation, including articles of incorporation of nonprofit corporations and associations......... 1.00
3. No fee shall be charged by the clerk for any services rendered in any criminal case or in habeas corpus proceedings.
4. All fees collected by the county clerk under the provisions of this section shall be by him turned into the general fund of Elko County each month; provided:
κ1959 Statutes of Nevada, Page 214 (CHAPTER 188, AB 312)κ
this section shall be by him turned into the general fund of Elko County each month; provided:
(a) He may retain for his own use the fees and compensations allowed for all services performed by him as clerk of the district court (and authorized by acts of Congress) in connection with the entry and final proofs relative to government lands, and the naturalization of aliens.
(b) He shall, pursuant to chapter 380 of NRS, set aside from the costs received on the commencement in or removal to the district court of any civil action, proceeding, or appeal, such sum as the board of county commissioners may set for such purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 317Messrs. Humphrey (Washoe) and Bailey
CHAPTER 189
AN ACT to amend NRS section 482.290, relating to new motor numbers, by providing for the assignment of vehicle identification numbers instead of motor numbers when identification numbers are destroyed or obliterated; by providing for the collection of fees; and by providing other matters properly relating thereto.
[Approved March 14, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.290 is hereby amended to read as follows:
482.290 1. The department is authorized to assign a distinguishing number to [the motor in] any motor vehicle whenever the [motor] vehicle identification number thereon shall be destroyed or obliterated, and any motor vehicle to which there shall be assigned a distinguishing [motor] number as authorized in this section shall be registered under such distinguishing number.
2. The department shall collect a fee of $2 for the assignment and recording of each such vehicle identification number.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 342Messrs. Evans and Murphy (by request)
CHAPTER 190
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 14, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 58 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, as amended by chapter 31, Statutes of Nevada 1955, at page 40, is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 215 (CHAPTER 190, AB 342)κ
31, Statutes of Nevada 1955, at page 40, is hereby amended to read as follows:
Section 58. Any Cost Over 100 Percent of Value of Property Paid by the City. The cost and expense of any improvement which may be defrayed by special assessments shall include the cost of the surveys, plans, assessments, and cost of construction. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed 100 percent of the value of such lot or premises as shown upon the latest tax list or assessment roll for city, state and county taxation. Any cost exceeding 100 percent of the value of such lot or premises which otherwise would be chargeable upon said lot or premises, shall be paid from the general funds of the city. The board shall provide that the fees and compensation properly charged in the work of making any special assessments shall be included as a part of such assessment.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 370Mr. Revert
CHAPTER 191
AN ACT to amend chapter 408 of NRS, relating to the highways and roads law, by describing a route to be designated as Route 90; and by adding such route to the state highway system.
[Approved March 14, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 408 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Route 90 begins at Rhyolite thence easterly to a junction with Route 58 at a point approximately 2.5 miles west of Beatty.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 69Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Statute Revision Commission)
CHAPTER 192
AN ACT to amend NRS section 171.040 relating to the jurisdiction of public offenses committed within the state on trains and common carriers by adding provisions relating to aircraft.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.040 is hereby amended to read as follows:
171.040 When an offense is committed in this state [on] :
1. On board a vessel navigating a river, slough, lake or canal, or lying therein, in the prosecution of her voyage, the jurisdiction is in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage terminates; [and when the offense is committed in this state on] or
κ1959 Statutes of Nevada, Page 216 (CHAPTER 192, AB 69)κ
any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage terminates; [and when the offense is committed in this state on] or
2. On a railroad train, car, stage or other public conveyance, prosecuting its trip, the jurisdiction is in any county through which the train, car, stage or other public conveyance passes in the course of its trip, or in the county where the trip terminates [.] ; or
3. On an aircraft prosecuting its trip, the jurisdiction is in any county over which the aircraft passes in the course of its trip, or in the county where the trip terminates. However, jurisdiction under this subsection shall be only in a county over or into which the aircraft passes prior to the first landing of such aircraft after the crime is discovered by or reported to the person in charge of such aircraft.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 19Committee on Judiciary
CHAPTER 193
AN ACT to repeal NRS sections 122.180 and 122.190 relating to unlawful miscegenetic marriages and providing punishments for persons solemnizing miscegenetic marriages; to amend NRS section 207.080, relating to the definition of a convicted person in the requirements of registration and fingerprinting of convicted persons, by deleting references to NRS sections 122.180, 122.190 and 201.240; and to repeal NRS section 201.240 relating to unlawful cohabitation and fornication between certain races.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.180 and 122.190 are hereby repealed.
Sec. 2. NRS 207.080 is hereby amended to read as follows:
207.080 1. For the purpose of NRS 207.080 to 207.150, inclusive, a convicted person is defined as:
(a) Any person who has been or hereafter is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.
(b) Any person who has been or hereafter is convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the same is or is not punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.
κ1959 Statutes of Nevada, Page 217 (CHAPTER 193, SB 19)κ
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
(c) Any person who, in the State of Nevada, or elsewhere, has been or hereafter is adjudicated, or is convicted of being, a drug addict, as such term is or may be defined in the laws of Nevada.
(d) Any person who has been, or who hereafter is, convicted of a crime in the State of Nevada, under the provisions of one or more of NRS [122.180, 122.190,] 122.220, 199.400, 200.360, 201.010, 201.120 to [201.250, inclusive,] 201.230, inclusive, 201.250, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.050, 202.090, 202.100, 202.190 to 202.230, inclusive, 212.170, 212.180, 433.640, 451.010 to 451.040, inclusive, 452.300, 453.340 to 453.410, inclusive, 462.010 to 462.080, inclusive, 465.010 to 465.070, inclusive, 646.010 to 646.060, inclusive, 646.120, 647.100, 647.110, 647.130, and 647.140, or who has been, or hereafter is, convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.
(e) Any person who has been, or who hereafter is, convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. Any person, except as hereinafter set forth in 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
Sec. 3. NRS 201.240 is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 52Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 194
AN ACT to amend NRS section 393.210, relating to school district printing, by excepting school district bonds and other evidences of indebtedness from the requirement of printing by a newspaper or commercial printing establishment within the state.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 393.210 is hereby amended to read as follows:
393.210 1. All public printing required by the various school districts of this state shall be placed with some bona fide newspaper or bona fide commercial printing establishment within the school district requiring the same; but if there is no bona fide newspaper or bona fide commercial printing establishment within the school district adequately equipped to do such printing, then the printing so required shall be placed through the local bona fide newspaper or bona fide commercial printing establishment.
κ1959 Statutes of Nevada, Page 218 (CHAPTER 194, SB 52)κ
2. Nothing in this section shall be construed as requiring school districts to pay to the local bona fide newspaper or bona fide commercial printing establishment any commission on such printing, but the commission must be paid by the printing establishment doing the printing.
3. [Printing] Except as otherwise authorized in subsection 5, printing required by school districts shall be done within the state.
4. The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. Reasonable charges shall mean a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.
5. Nothing in this section shall be construed as prohibiting the printing of school district bonds and other evidences of indebtedness outside the state.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 53Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 195
AN ACT to amend NRS section 269.150, relating to town printing, by excepting town bonds and other evidences of indebtedness from the requirement of printing by a newspaper or commercial printing establishment within the state.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 269.150 is hereby amended to read as follows:
269.150 1. All public printing required by the various towns of this state shall be placed with some bona fide newspaper or bona fide commercial printing establishment within the county in which the town is located; but if there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do such printing, then the printing so required shall be placed through the local bona fide newspaper or bona fide commercial printing establishment.
2. Nothing in this section shall be construed as requiring such towns to pay to the local bona fide newspaper or bona fide commercial printing establishment any commission on such printing, but the commission must be paid by the printing establishment doing the same.
3. [Printing] Except as otherwise authorized in subsection 5, printing required by towns of this state shall be done within the state.
4. The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. Reasonable charges shall mean a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.
κ1959 Statutes of Nevada, Page 219 (CHAPTER 195, SB 53)κ
5. Nothing in this section shall be construed as prohibiting the printing of town bonds and other evidences of indebtedness outside the state.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 54Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 196
AN ACT to amend NRS section 244.330, relating to county printing, by excepting county bonds and other evidences of indebtedness from the requirement of printing by a newspaper or commercial printing establishment within the state.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.330 is hereby amended to read as follows:
244.330 1. All public printing required by the various counties shall be placed with some bona fide newspaper or bona fide commercial printing establishment within the county requiring the same; but if there is no bona fide newspaper or bona fide commercial printing establishment within the county adequately equipped to do such printing, then the printing so required shall be placed through the local bona fide newspaper or bona fide commercial printing establishment.
2. Nothing in this section shall be construed as requiring counties to pay to the local bona fide newspaper or bona fide commercial printing establishment any commission on such printing, but the commission must be paid by the printing establishment doing the same.
3. [Printing] Except as otherwise authorized in subsection 5, printing required by counties shall be done within the state.
4. The provisions of this section are contingent upon satisfactory services being rendered by all such printing establishments and reasonable charges therefor. Reasonable charges shall mean a charge not in excess of the amount necessary to be paid for similar work in other printing establishments.
5. Nothing in this section shall be construed as prohibiting the printing of county bonds and other evidences of indebtedness outside the state.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 220κ
Senate Bill No. 55Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 197
AN ACT to amend NRS section 244.335, relating to regulation of and license taxes imposed on trades, callings, industries, occupations, professions and business by boards of county commissioners, by clarifying purposes for which license tax may be levied.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.335 is hereby amended to read as follows:
244.335 The board of county commissioners shall have power and jurisdiction in their respective counties to: [fix, impose and collect a license tax for revenue to regulate]
1. Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in their respective counties, outside of the limits of incorporated cities and towns.
2. Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 56Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 198
AN ACT to amend NRS section 240.010, relating to notaries public, by equating qualifications irrespective of sex.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 240.010 is hereby amended to read as follows:
240.010 [1.] The governor is empowered to appoint and commission notaries public without limit in and for the several counties in this state, in any number in which applications may be made to him.
[2. Females over the age of 21 years who have resided in this state 1 year and in the county or district 6 months next preceding the making of the appointment shall be eligible for appointment as notaries public.]
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 221κ
Senate Bill No. 57Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 199
AN ACT to amend NRS section 294.045 defining the term school officer.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 294.045 is hereby amended to read as follows:
294.045 As used in this chapter, unless the context otherwise requires, school officer means [the superintendent of public instruction,] the regents of the University of Nevada and the members of boards of trustees of school districts.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 59Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 200
AN ACT to amend NRS section 484.175 relating to pedestrians subject to traffic regulation by adding cross reference for clarification.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.175 is hereby amended to read as follows:
484.175 Pedestrians shall be subject to traffic-control signals at intersections as provided in NRS 484.0081 unless required by local ordinance to comply strictly with such signals, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 60Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 201
AN ACT to amend NRS section 540.550 relating to equalization of drainage district assessments.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 540.550 is hereby amended to read as follows:
540.550 1. At the time of computing the tax in the county assessment roll the county clerk shall compute the drainage district taxes of the several districts of the county in which drainage taxes have been levied.
κ1959 Statutes of Nevada, Page 222 (CHAPTER 201, SB 60)κ
the several districts of the county in which drainage taxes have been levied.
2. The [board of county commissioners, when sitting as a board of equalization of state and county taxes,] county board of equalization shall correct the levy of drainage district taxes to conform to the equalized assessments of benefits.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 61Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 202
AN ACT to amend NRS section 707.240 relating to certificates to be filed when constructing or maintaining telegraph lines in the State of Nevada.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 707.240 is hereby amended to read as follows:
707.240 1. The person or persons, or the president or the managing agent of the company, association or corporation mentioned in NRS 707.230, shall make, sign and acknowledge, before some officer authorized by law to take acknowledgments of deeds, a certificate in writing setting forth:
(a) The name or names of the person or persons, company, association or corporation (as the case may be) by whom the line is to be operated.
(b) The names of the points or places constituting the termini of the line within this state.
(c) A general description of the route of the line.
2. The certificate shall be filed and recorded in the office of the secretary of state, for which such person or persons, company, association or corporation shall pay the secretary of state, for [the benefit of the state library] deposit in the general fund, the sum of $5, and also 25 cents for each folio contained in the certificate.
3. The record of the certificates shall give constructive notice to all persons of the matter therein contained. The work of constructing such line, if not already commenced or completed within 30 days after the filing of the certificate aforesaid, shall be continued, with all reasonable dispatch, until completed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 223κ
Senate Bill No. 62Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 203
AN ACT to amend NRS section 481.150 relating to the powers and duties of the director of the Nevada highway patrol.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.150 is hereby amended to read as follows:
481.150 1. The director shall:
(a) Be the chief officer of the Nevada highway patrol and shall have and exercise all of the powers and duties provided in NRS 481.180, which powers and duties shall be performed under the direction and supervision of the director of the department of motor vehicles.
(b) Be ex officio superintendent of the Nevada state police, but shall receive no salary or compensation for such services as ex officio superintendent of the Nevada state police.
2. When requested by the governor to preserve order, protect life or property, and enforce the laws of this state, the director may use such number of Nevada highway patrol personnel as may be necessary for such purpose. When so acting, such personnel shall have and exercise general police powers. Their salaries and expenses incidental to such operations shall be paid out of appropriations for the department of motor vehicles from the general fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 63Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 204
AN ACT to amend NRS section 682.360 relating to investments of domestic insurance companies.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 682.360 is hereby amended to read as follows:
682.360 Any domestic company may invest in bonds or evidences of indebtedness which are direct general obligations of any county, city, town, village, school district, sanitary district, [part] park district, or other political subdivision or municipal corporation of any state of the United States or District of Columbia, which shall not be in default in the payment of any of its general obligation bonds, either principal or interest, at the date of such investment, where they are payable from ad valorem taxes levied on all the taxable property located therein and the total indebtedness after deducting sinking funds and all debts incurred for self-sustaining public works does not exceed 10 percent of the actual value of all taxable property therein on the basis of which the last assessment was made before the date of such investment; but no such investment shall be made in obligations which are secured only by special assessments or local improvements.
κ1959 Statutes of Nevada, Page 224 (CHAPTER 204, SB 63)κ
exceed 10 percent of the actual value of all taxable property therein on the basis of which the last assessment was made before the date of such investment; but no such investment shall be made in obligations which are secured only by special assessments or local improvements.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 70Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 205
AN ACT to amend NRS section 483.550, relating to driving without a valid operators or chauffeurs license, by eliminating the provision that a convicted person shall obtain a license or produce notice of disqualification before sentence is imposed, and by changing the verb tense in subsection 1 thereof.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.550 is hereby amended to read as follows:
483.550 1. It [shall be] is unlawful for any person to operate a motor vehicle upon a public street or highway in this state without being the holder of a valid operators or chauffeurs license.
2. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in a sum to be fixed by the court not to exceed $100. [Before any justice of the peace or magistrate shall impose sentence he] The court shall require the person convicted to obtain a valid operators license or chauffeurs license or produce a notice of disqualification from the department.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 103Senator Dial
CHAPTER 206
AN ACT to amend chapter 590 of NRS, relating to petroleum products and antifreeze, by providing that a violation of the Nevada Liquefied Petroleum Gas Act is a misdemeanor; by authorizing injunctive relief by the district court upon application of the Nevada liquefied petroleum gas board; to amend NRS sections 590.555 and 590.565, relating to applications for, denial, issuance, contents and submission of licenses and to license fees, by providing that no person may engage in installing or selling liquefied petroleum gas until he has obtained a license; and by providing other matters properly relating thereto.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 590 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1959 Statutes of Nevada, Page 225 (CHAPTER 206, SB 103)κ
1. Any person who violates any of the provisions of NRS 590.465 to 590.645, inclusive, or any of the rules, regulations or specifications promulgated thereunder, shall be guilty of a misdemeanor.
2. Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against the provisions of NRS 590.465 to 590.645, inclusive, the district court of any county, on application of the board, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this subsection shall be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking shall be required in any action commenced by the board.
Sec. 2. NRS 590.555 is hereby amended to read as follows:
590.555 1. Applications for any licenses required by NRS 590.465 to 590.645, inclusive, shall be made to the board prior to conducting any business of installing equipment for the use of LPG or prior to engaging in the business of selling LPG [.] , and no person may install or conduct any business of installing equipment for the use of LPG, or engage in the business of selling LPG until such person has obtained a license from the board.
2. The application shall include the name and address of the applicant, and, if a partnership, the names and addresses of all partners, and if a corporation, association or other organization, the names and addresses of the president, vice president, secretary and managing officers.
3. Each application shall be accompanied by the application fee and the annual license fee for the particular classification for each business or premises for which the license is sought as provided for in NRS 590.465 to 590.645, inclusive.
4. In order to be considered at a regular meeting of the board, the application for a license must be submitted at least 30 days prior to the date of such meeting.
Sec. 3. NRS 590.565 is hereby amended to read as follows:
590.565 1. The board shall approve or disapprove all applications, and in the event an application is disapproved the board shall promptly return to the applicant the license fee. Within 5 days after the denial of a license, the board shall serve upon the applicant and the governor a copy of the order denying the license, which order shall specify the reasons for the denial.
2. If it appears that the applicant is qualified by experience, education or knowledge to install equipment in a satisfactory and safe manner or is qualified by experience, education or knowledge to sell, transport or deliver the gas, and that the equipment used by the applicant complies with the minimum safety standards established by the board, the board [may] shall approve the application and issue the appropriate license for the particular classification stated in NRS 590.465 to 590.645, inclusive.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 226κ
Senate Bill No. 115Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)
CHAPTER 207
AN ACT to amend chapter 692 of NRS relating to accident and health insurance by creating a new provision relating to the definition of certain words and terms when used in uniform individual accident and sickness insurance policies.
[Approved March 16, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 692 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in any policy of accident and sickness insurance delivered, issued for delivery or used in this state, unless otherwise provided in the policy or in an endorsement thereon or in a rider attached thereto:
1. Accidental death means death by accident exclusively and independently of all other causes.
2. Confinement to house or house confinement includes the activities of a convalescent not able to be gainfully employed.
3. Total disability means inability to perform the duties of any gainful occupation for which the insured is reasonably fitted by training, experience and accomplishment.
________
Senate Bill No. 303Committee on Banks, Banking and Corporations
CHAPTER 208
AN ACT to amend Title 56 of NRS, relating to loan associations and lending institutions, by creating a new chapter to be known as the Nevada Installment Loan and Finance Act; by providing for the licensing and regulation of the business of lending in amounts of $2,500 or less by the superintendent of banks; by providing for the issuance, renewal, suspension and revocation of licenses; by providing general regulations applicable to such business; by prescribing loan regulations; by declaring legislative policy and intent with respect to such business; by providing certain exemptions; by defining certain terms; by providing penalties; and by providing other matters properly relating thereto.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 56 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 49, inclusive, of this act.
Sec. 2. This chapter shall be known and may be cited as the Nevada Installment Loan and Finance Act.
Sec. 3. 1. When used in this chapter, the following words and terms shall have the following meanings unless the context clearly requires a different meaning:
(a) Amount of cash advance means the amount of cash or its equivalent actually received by a borrower or paid out at his direction or on his behalf.
κ1959 Statutes of Nevada, Page 227 (CHAPTER 208, SB 303)κ
equivalent actually received by a borrower or paid out at his direction or on his behalf.
(b) Amount of loan obligation means the amount of cash advance plus the aggregate of charges added thereto pursuant to authority of this chapter.
(c) Community means a contiguous area of the same economic unit or metropolitan area as determined by the superintendent, and may include all or part of an incorporated city or several towns or cities.
(d) License means a license, issued under the authority of this chapter, to make loans in accordance with the provisions of this chapter, at a single place of business.
(e) Licensee means a person to whom one or more licenses have been issued.
(f) Person includes individuals, copartnerships, associations, trusts, corporations and any other legal entities.
(g) Superintendent means the superintendent of banks.
2. The meanings ascribed to the singular form shall apply also to the plural.
Sec. 4. The legislature finds as facts and determines that:
1. There exists in this state a widespread demand for loans repayable in installments, which loans may or may not be made on substantial security. This demand has been steadily increased by many social and economic factors. The scope and intensity of this demand permits the unscrupulous to prey upon such potential borrowers.
2. The expense of making and collecting installment loans are necessarily high in relation to the amounts lent and legitimate lenders are therefor inadequately compensated under the general interest statutes of this state when making such loans.
3. The need of legislation is especially apparent in the area of loans of $2,500 or less.
4. It is the purpose of this chapter to bring under public supervision those engaged in the business of making loans of $2,500 or less; to attract adequate commercial capital to the business, so that the demand for such loans may be satisfied; to establish a system of regulation for the purpose of insuring that charges for such loans be established which are fair, just and reasonable to the borrower and lender and which permit a fair return to those engaged in such business; and that there will be established in this state an adequate, efficient and competitive installment loan and finance service.
Sec. 5. No person doing business under the authority of any law of this state or of the United States relating to banks, savings banks, trust companies, savings or building and loan associations, or credit unions shall be eligible to become a licensee under this chapter, nor shall this chapter apply to any business transacted by any such person under the authority of and as permitted by any such law, nor to any bona fide pawnbroking business transacted under a pawnbrokers license.
Sec. 6. This chapter or any part thereof may be modified, amended or repealed so as to effect a cancellation or alteration of any license or right of a licensee under this chapter, provided that such cancellation or alteration shall not impair or affect the obligation of any preexisting lawful contract between any licensee and any borrower.
κ1959 Statutes of Nevada, Page 228 (CHAPTER 208, SB 303)κ
tion or alteration shall not impair or affect the obligation of any preexisting lawful contract between any licensee and any borrower.
Sec. 7. 1. No person shall engage in the business of lending in amounts of $2,500 or less and contract for, exact or receive, directly or indirectly, on or in connection with any such loan, any charges, whether for interest, compensation, consideration or expense, which in the aggregate are greater than the interest that the lender would be permitted by law to charge for a loan of money if he were not a licensee under this chapter, except as provided in and authorized by this chapter, and without first having obtained a license from the superintendent.
2. For the purpose of this section a loan shall be deemed to be in the amount of $2,500 or less if the net amount or value advanced to or on behalf of the borrower, after deducting all payments for interest, principal, expenses and charges of any nature taken substantially contemporaneously with the making of the loan, does not exceed $2,500.
Sec. 8. The provisions of section 7 shall apply to any person who seeks to evade its application by any device, subterfuge or pretense whatever, including, but not thereby limiting the generality of the foregoing:
1. The loan, forbearance, use or sale of credit (as guarantor, surety, endorser, comaker or otherwise), money, goods, or things in action.
2. The use of collateral or related sales or purchases of goods or services, or agreements to sell or purchase, whether real or pretended.
3. Receiving or charging compensation for goods or services, whether or not sold, delivered or provided.
4. The real or pretended negotiation, arrangement or procurement of a loan through any use or activity of a third person, whether real or fictitious.
Sec. 9. 1. No licensee under this chapter shall be entitled to receive or hold a license under the provisions of chapter 674 of NRS.
2. Any person holding a license issued pursuant to chapter 674 of NRS on the effective date of this act, may surrender such license to the superintendent at any time within 60 days after the effective date of this act and shall thereupon be issued a license pursuant to this chapter without payment of any fees for the year 1959.
Sec. 10. 1. Application for a license shall be in writing, under oath, and in the form prescribed by the superintendent.
2. The application shall:
(a) Give the general location where the business is to be conducted.
(b) Contain such further relevant information as the superintendent may require, including the names and addresses of the partners, officers, directors or trustees, and of such of the principal owners or members as will provide the basis for the investigations and findings contemplated by sections 12 and 13.
Sec. 11. 1. At the time of making the application, the applicant shall pay to the superintendent the sum of $100 as a fee for investigating the application, and the sum of $200 as a license fee when granted for the period ending on the last day of the current calendar year.
κ1959 Statutes of Nevada, Page 229 (CHAPTER 208, SB 303)κ
2. If the license is granted after June 30 in any year the license fee shall be $100.
Sec. 12. 1. Upon the filing of the application and the payment of the fees, the superintendent shall investigate the facts concerning the application and the requirements provided for in section 13.
2. At least 20 days before entering the order granting or denying the application, he shall mail a notice of the receipt of the application to each licensee having a place of business in the community where the applicant proposes to do business and he may mail such a notice to such other persons, associations and institutions as he may see fit.
3. The superintendent may hold a hearing on such application at a time not less than 30 days from the date the application was filed nor more than 60 days from such date. The hearing shall be held in the office of the superintendent or such other place as he may designate. Notice in writing of such hearing shall be sent to the applicant and to any licensee to which a notice of the application had been given and to such other persons as the superintendent may see fit, at least 10 days before the date set for such hearing. At such hearing, the applicant and other interested parties may be represented by counsel and may present oral or written evidence.
4. The superintendent shall make his order granting or denying the application within 10 days from the date of the closing of such hearing, unless the period is extended by written agreement between the applicant and the superintendent.
Sec. 13. If the superintendent finds:
1. That the financial responsibility, experience, character and general fitness of the applicant are such as to command the confidence of the public and to warrant belief that the business will be operated lawfully, honestly, fairly and efficiently, within the purposes of this chapter; and
2. That allowing the applicant to engage in business will promote the convenience and advantage of the community in which the licensed office is to be located; and
3. That the applicant has available for the operation of the business at the specified location liquid assets of at least $15,000,
he shall thereupon enter an order granting the application, and file his findings of fact together with the transcript of any hearing held under this chapter, and forthwith issue and deliver a license to the applicant.
Sec. 14. Each license shall:
1. State the address at which the business is to be conducted; and
2. State fully the name of the licensee, and if the licensee is a copartnership or association, the names of its members, and if a corporation, the date and place of its incorporation.
Sec. 15. On or before December 20 of each year, each licensee shall pay to the superintendent the sum of $200 for each license held by him as a license fee for the succeeding calendar year.
Sec. 16. 1. If the superintendent finds that any applicant does not possess the requirements specified in this chapter, he shall enter an order denying the application and forthwith notify the applicant of the denial, returning the license fee but retaining the investigation fee.
κ1959 Statutes of Nevada, Page 230 (CHAPTER 208, SB 303)κ
2. Within 10 days after the entry of such an order, he shall file his findings and a summary of the evidence supporting them and shall forthwith deliver a copy thereof to the applicant.
Sec. 17. All fees and charges collected under the provisions of this chapter shall be paid into the general fund of the state treasury, and the state treasurer is hereby required to issue his receipt therefor.
Sec. 18. 1. The superintendent shall have authority to make regulations and orders for the administration and enforcement of this chapter, in addition hereto and not inconsistent herewith.
2. Every regulation shall be promulgated by an order, and any ruling, demand, requirement or similar administrative act may be promulgated by an order.
3. Every order shall be in writing, shall state its effective date and the date of its promulgation, and shall be entered in an indexed permanent book which shall be a public record.
4. A copy of every order promulgating a regulation and of every other order containing a requirement of general application shall be mailed to each licensee at least 20 days before the effective date thereof.
Sec. 19. Every licensee shall maintain assets of at least $15,000 either used or readily available for use in the conduct of the business of each licensed office.
Sec. 20. Each license shall be kept conspicuously posted in the licensed place of business.
Sec. 21. Licenses shall not be transferable or assignable.
Sec. 22. Not more than one place of business shall be maintained under the same license. The superintendent may issue additional licenses to the same licensee for other business locations upon compliance with all the provisions of this chapter governing issuance of a single license. Nothing herein shall be deemed to require a license for any place of business devoted to accounting, record-keeping or administrative purposes only.
Sec. 23. 1. No change in the place of business of a licensee to a location outside of the original city or town shall be permitted under the same license.
2. When a licensee wishes to change his place of business within the same city or town, he shall give written notice thereof to the superintendent, who shall investigate the facts. If the superintendent finds:
(a) That allowing the licensee to engage in business in the proposed location is not detrimental to the convenience and advantage of the community; and
(b) That the proposed location is reasonably accessible to borrowers under existing loan contracts,
he shall enter an order permitting the change and shall amend the license accordingly.
3. If the superintendent does not so find he shall enter an order denying the licensee such permission in the manner specified in and subject to the provisions of section 16.
Sec. 24. No licensee shall conduct the business of making loans under this chapter within any office, suite, room or place of business in which any other business is solicited or engaged in, except an insurance agency or notary public, or in association or conjunction with any other business, unless authority to do so is given by the commissioner.
κ1959 Statutes of Nevada, Page 231 (CHAPTER 208, SB 303)κ
with any other business, unless authority to do so is given by the commissioner.
Sec. 25. No licensee shall conduct the business of making loans provided for by this chapter under any name or at any place other than that stated in the license. Nothing herein shall prevent the making of loans by mail nor prohibit accommodations to individual borrowers when necessitated by hours of employment, sickness or other emergency situations.
Sec. 26. 1. Each licensee shall keep and use in his business such books and accounting records as are in accord with sound and accepted accounting practices.
2. Each licensee shall maintain a separate record or ledger card for the account of each borrower and shall set forth separately the amount of cash advance and the total amount of interest and charges; but such record may set forth precomputed declining balances based on the scheduled payments, without a separation of principal and charges.
3. Each licensee shall preserve all such books and accounting records for at least 2 years after making the final entry therein.
Sec. 27. 1. Annually, on or before April 15, each licensee shall file with the superintendent a report of operations of the licensed business for the preceding calendar year.
2. Such report shall give information with respect to the financial condition of the licensee and shall include balance sheets at the beginning and end of the year, statement of income and expenses for the period, reconciliation of surplus or net worth with the balance sheets, schedule of assets used and useful in the licensed business, size of loans, analysis of charges, including monthly average number and amount of loans outstanding, analysis of delinquent accounts, and court actions undertaken to effect collection.
3. Such report shall be made under oath and shall be in the form prescribed by the superintendent.
4. If any person or affiliated group holds more than one license in the state, they may file a composite annual report, provided that a short form of report applicable to each licensed office accompanies such composite.
Sec. 28. The superintendent shall make and publish annually an analysis and recapitulation of the annual reports filed by licensees.
Sec. 29. No licensee shall advertise or permit to be advertised in any manner whatsoever any false, misleading or deceptive statement or representation with regard to the rates, terms or conditions for loans in the amount or of the value of $2,500 or less.
Sec. 30. 1. Every licensee may make loans of any amount not exceeding $2,500 exclusive of interest, fees or charges and may charge, contract for, collect and receive charges not in excess of the following:
(a) A charge for interest in an amount not exceeding $9 per $100 of the amount of the cash advanced, when the loan is made for a period of 1 year, on that part of the cash advanced not exceeding $1,000, and $8 per $100 on that part of the cash advanced exceeding $1,000 but not exceeding $2,500, and proportionately at those rates for a greater or lesser amount or for a greater or lesser period of time, notwithstanding any agreement to repay the loan in installments, but, in all loan contracts providing for installment repayments such installments shall be substantially equal in amount, payable at approximately equal periodic intervals of time, and shall not extend beyond 24 months from the date of making such contract; and
κ1959 Statutes of Nevada, Page 232 (CHAPTER 208, SB 303)κ
tracts providing for installment repayments such installments shall be substantially equal in amount, payable at approximately equal periodic intervals of time, and shall not extend beyond 24 months from the date of making such contract; and
(b) A service charge not in excess of 1 cent per month for each dollar of the first $200 of the cash advance and not in excess of one-half cent per month for each dollar of the next $200 of the cash advance for each month of the term of the loan contract. Such service charge may be computed on the basis of a full month for any fractional period in excess of 15 days; and
(c) In the event of a default of more than 7 days in the payment of one-half or more of any scheduled installment, the licensee may charge and collect a default charge not exceeding an amount equal to the refund that would be required if the loan were prepaid in full 1 month prior to maturity. Such charge may not be collected more than once for the same default and may be collected at the time of such default or at any time thereafter. If such default charge is deducted from any payment received after default occurs and such deduction results in the default of a subsequent installment, no charge may be made for the resulting default; and
(d) If the payment date of all wholly unpaid installments on which no default charge has been collected and the contract so provides, the licensee may charge and collect a deferment charge which shall not exceed the difference between the refund that would be required for prepayment in full as of the scheduled due date of the first deferred installment and the amount which would be required for prepayment in full as of 1 month prior to such date multiplied by the number of months the maturity of the contract is extended. Such number of months shall not exceed the number of full installments which are in default on the date of deferment or which may become due within 15 days of such date. The deferment charge may be collected at the time of the deferment or at any time thereafter and any payment received at the time of the deferment may be applied first to the deferment charge and the remainder, if any, applied to the unpaid balance of the contract. If such payment is sufficient to also pay in full an installment which is in default and the applicable default charge it shall be first so applied and such installment shall not be deferred nor subject to the default charge.
The charges provided under paragraphs (a) and (b) shall be aggregated and added to the cash advanced. Such sum shall be the amount of the loan obligation.
2. If the loan contract is prepaid in full before the final installment date the borrower shall receive a refund of an amount which shall be at least as great a proportion of the combined total of interest and service charge, excluding any adjustment made for a first period of more than 1 month, as the sum of the periodic time balances nearest the date of prepayment bears to the sum of all the periodic time balances under the schedule of payments in the original contract. In computing any required refund, any prepayment made on or before the 15th day following an installment date shall be deemed to have been made on the installment date preceding such prepayment. No refund shall be required for partial prepayments and no refund of less than $1 need be made.
κ1959 Statutes of Nevada, Page 233 (CHAPTER 208, SB 303)κ
refund shall be required for partial prepayments and no refund of less than $1 need be made. The tender by the borrower, or at his request, of an amount equal to the unpaid balance less the required refund must be accepted by the licensee in full payment of the contract. If the maturity of the contract is accelerated for any reason, the licensee shall make the same refund as would be required for prepayment in full.
3. For the purpose of computing charges, whether at the maximum rate or less, a month shall be any period of 30 consecutive days and the rate of charge for each day shall be one-thirtieth of the monthly rate.
4. A borrower and licensee may agree that the first installment due date may be not more than 15 days more than 1 month from the date of the loan and the amount of such installment may be increased by one-thirtieth of the portion of the charges authorized by paragraphs (a) and (b) of subsection 1 applicable to a first installment of 1 month for each extra day.
5. No licensee shall induce or permit any person or husband and wife to be obligated, directly or indirectly, under more than one contract of loan at the same time for the purpose of or with the effect of obtaining a higher rate of charge than would otherwise be permitted by this section.
6. In addition to the charges herein provided for, no further or other amount whatsoever shall be directly or indirectly charged, contracted for or received from the borrower in connection with a loan made under this chapter; except, such restrictions shall not apply to:
(a) Court costs;
(b) Reasonable attorneys fees fixed and assessed by the court;
(c) Lawful fees for the filing, recording or releasing in any public office of any instrument securing a loan;
(d) The identifiable charge or premium for insurance provided for in section 31;
(e) Fees for noting a lien on or transferring a certificate of title to any motor vehicle offered as security for a loan made under this chapter.
7. If any amount in excess of the amounts authorized by this chapter is charged, contracted for or received, except as the result of an accidental or bona fide error, the contract of loan shall be void and the licensee shall have no right to collect or receive any principal, charges or recompense whatsoever.
Sec. 31. 1. A licensee may require a borrower to insure tangible personal property when offered as security for a loan under this chapter, against any substantial risk of loss, damage or destruction for an amount not to exceed the actual value of such property and for a term and upon conditions which are reasonable and appropriate considering the nature of the property and the maturity and other circumstances of the loan.
2. A licensee may insure the life of one obligor covering the unpaid balance scheduled to be outstanding. In accepting any insurance provided by this subsection as security for a loan, the licensee may deduct the premiums or identifiable charge therefor from the proceeds of the loan, which premium or identifiable charge shall not exceed those filed with the department of insurance, and remit such premiums to the insurance company writing such insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from such insurance or its sale shall not be considered as additional or further charge in connection with any loan made under this chapter.
κ1959 Statutes of Nevada, Page 234 (CHAPTER 208, SB 303)κ
loan, which premium or identifiable charge shall not exceed those filed with the department of insurance, and remit such premiums to the insurance company writing such insurance, and any gain or advantage to the licensee, any employee, officer, director, agent, affiliate or associate from such insurance or its sale shall not be considered as additional or further charge in connection with any loan made under this chapter. Arranging for and collecting of an identifiable charge shall not be deemed a sale of insurance. Not more than one policy of life insurance shall be written by a licensee in connection with any loan transaction under this chapter, and a licensee shall not require the borrower to be insured as a condition of any loan. The form of such insurance shall be first approved by the insurance commissioner. The premium charged therefor shall be in such amount as the superintendent may determine after a hearing thereon and shall be subject to modification after a hearing called at the request of the superintendent and upon notice to all licensees or upon a hearing held before the superintendent upon written application therefor by not less than three licensees and upon notice to all licensees. If the unpaid balance of the loan is prepaid in full by cash or other thing of value refinancing, renewal, a new loan or otherwise, the charge for life insurance shall be refunded or credited in accordance with the method established in section 30 for refunding or computing credit charges. Whenever insurance is written in connection with a loan transaction pursuant to this section, the licensee shall deliver or cause to be delivered to the borrower the certificate, instrument or other memorandum showing the cost thereof to the borrower, within 30 days from the date of the loan. All such insurance shall be written by a company authorized to conduct such business in this state, and the licensee shall not require the purchase of such insurance from any agent or broker designated by the licensee. The authority of the superintendent to determine the premium charge for insurance shall not be affected by any contrary provision of any other law.
3. Every insurance policy or certificate written in connection with a loan transaction, pursuant to subsection 2 shall provide for cancellation of the coverage and a refund of the premium or identifiable charge unearned, upon the discharge of the loan obligation for which such insurance is security, without prejudice to any claim. Such refund shall be under a formula filed by the insurer with the department of insurance.
Sec. 32. Any loan made outside this state in the amount of $2,500 or less as permitted by the laws of the state in which the loan was made, may be collected in this state in accordance with its terms.
Sec. 33. 1. No licensee shall, directly or indirectly, charge, contract for or receive any interest, discount or consideration greater than provided by law for nonlicensees upon all or any part of any loan in the amount or of the value of more than $2,500, or in any case in which the licensee permits any person, or husband and wife, jointly or severally, to become obligated, directly or contingently, or both, to the licensee at any time for the sum of more than $2,500 for principal.
2. The provisions of subsection 1 shall not apply:
κ1959 Statutes of Nevada, Page 235 (CHAPTER 208, SB 303)κ
(a) When a licensee purchases in one transaction a substantial amount of loans or accounts receivable in an office of another licensee or other lender not affiliated with the purchaser, and such licensee has an existing loan to one or more of the borrowers whose accounts are purchased, and such purchaser shall be entitled to liquidate and collect the balances due on such accounts, according to their terms; nor
(b) To the acquisition by purchase of bona fide obligations of the borrower incurred for goods or services.
Sec. 34. The payment of $2,500 or less in money, credit, goods or things in action, as consideration for any sale, assignment or order for the payment of wages, salary, commissions or other compensation for services earned or to be earned, shall for the purposes of regulation under this chapter be deemed a loan of money secured by such sale, assignment or order. The amount by which such compensation so sold, assigned or ordered paid exceeds the amount of such consideration actually paid shall for the purposes of regulation under this chapter be deemed interest or charges on such loan from the date of such payment to the date such compensation is payable. Such a transaction shall be subject to the provisions of this chapter.
Sec. 35. No assignment of wages, salary, commissions or other compensation for services, whether earned or to be earned, given to a licensee as security for a loan under this chapter, shall be valid.
Sec. 36. No licensee shall:
1. Take any confession of judgment or any power of attorney running to himself or to any third person to confess judgment or to appear for the borrower in a judicial proceeding.
2. Take any note or promise to pay which does not disclose the date and amount of the loan obligation, a schedule or description of the payments to be made thereon, and the rate or aggregate amount of agreed charges.
3. Take any instrument in which blanks are left to be filled in after the loan is made.
Sec. 37. Every licensee shall:
1. Deliver to the borrower, or if more than one, to one of them, at the time of making a loan under this chapter a copy of the loan obligation or, in lieu thereof, a statement showing in clear and distinct terms the date of the loan and amount of loan obligation and the date of its maturity, the nature of the security, if any, for the loan, the name and address of the borrower and of the licensee, and the description or schedule of payments on such loan.
2. Give to the person making any cash payment on account of any loan a receipt at the time such payment is made, which receipt shall show the balance due, if any, after application of such payment; but a receipt for the amount of the payment only may be given temporarily and replaced within a reasonable time with a receipt as prescribed in this subsection.
3. Permit payment in advance in amount equal to one or more full installments at any time during the regular business hours of the licensee.
4. Upon repayment of a loan in full, mark plainly every note or other evidence of the indebtedness or assignment signed by any obligor with the word paid or canceled, and release or provide the borrower evidence to release any mortgage or security instrument no longer securing any indebtedness to the licensee.
κ1959 Statutes of Nevada, Page 236 (CHAPTER 208, SB 303)κ
other evidence of the indebtedness or assignment signed by any obligor with the word paid or canceled, and release or provide the borrower evidence to release any mortgage or security instrument no longer securing any indebtedness to the licensee.
Sec. 38. Each license shall remain in full force and effect until surrendered, revoked or suspended as provided in this chapter.
Sec. 39. 1. For the purpose of discovering violations of this chapter or of securing information lawfully required under this chapter, the superintendent or his duly authorized representatives may at any time investigate the business and examine the books, accounts, papers and records used therein, of:
(a) Any licensee;
(b) Any other person engaged in the business described in section 7 or participating in such business as principal, agent, broker or otherwise; and
(c) Any person who the superintendent has reasonable cause to believe is violating or is about to violate any provision of this chapter, whether or not such person shall claim to be within the authority or beyond the scope of this chapter.
2. For the purpose of examination the superintendent or his duly authorized representatives shall have and be given free access to the offices and places of business, files, safes and vaults of such persons.
3. For the purposes of this section, any person who shall advertise for, solicit, or hold himself out as willing to make, loan transactions in the amount or of the value of $2,500 or less shall be presumed to be engaged in the business described in section 7.
Sec. 40. The superintendent shall have authority to require the attendance of any person and to examine him under oath relative to loans or business regulated by this chapter or to the subject matter of any examination, investigation or hearing, and may require the production of books, accounts, papers and records.
Sec. 41. At least once each year, the superintendent or his duly authorized representatives shall make an examination of the place of business of each licensee and of the loans, transactions, books, papers and records of such licensee so far as they pertain to the business licensed under this chapter.
Sec. 42. If the superintendent finds that probable cause for revocation of any license exists and that enforcement of this chapter requires immediate suspension of such license pending investigation, he may, upon 5 days written notice and a hearing, enter an order suspending such license for a period not exceeding 20 days, pending the holding of a hearing as prescribed in section 45.
Sec. 43. Any licensee may surrender any license by delivering it to the superintendent with written notice of its surrender, but such surrender shall not affect his civil or criminal liability for acts committed prior thereto.
Sec. 44. 1. Whenever the superintendent has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter, he may, in addition to all actions provided for in this chapter and without prejudice thereto, enter an order requiring such person to desist or to refrain from such violation.
κ1959 Statutes of Nevada, Page 237 (CHAPTER 208, SB 303)κ
2. An action may be brought on the relation of the attorney general and the superintendent to enjoin such person from engaging in or continuing such violation or from doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunction as may be deemed proper.
3. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound, and to appoint a receiver for, the property and business of the defendant, including books, papers, documents and records pertaining thereto, or so much thereof as the court may deem reasonably necessary to prevent violations of this chapter through or by means of the use of such property and business. Such receiver, when appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up and liquidation of such property and business as shall from time to time be conferred upon him by the court.
Sec. 45. 1. If the superintendent has reason to believe that grounds for revocation or suspension of a license exist, he shall give 20 days written notice to the licensee stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.
2. At the conclusion of such hearing, the superintendent shall enter a written order either dismissing the charges, or revoking the license, or suspending the license for a period of not more than 60 days, which period shall include any prior temporary suspension. A copy of such order shall be sent by registered or certified mail to the licensee.
3. The grounds for revocation or suspension of a license shall be:
(a) That the licensee has failed to pay the annual license fee; or
(b) The licensee, either knowingly or without any exercise of due care to prevent the same, has violated any provision of this chapter, or any lawful rule or regulation promulgated hereunder; or
(c) Any fact or condition exists which would have justified the superintendent in denying the licensees original application for a license hereunder; or
(d) That the applicant failed to open an office for the conduct of the business authorized under this chapter within 120 days from the date the license was issued, or has failed to remain open for the conduct of such business for a period of 120 days without good cause therefor.
4. Any revocation or suspension shall apply only to the license granted to a person for the particular office for which grounds for revocation or suspension exist.
5. An order suspending or revoking a license shall become effective 5 days after being entered unless the order specifies otherwise or a stay is granted.
Sec. 46. No revocation, suspension or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any obligors. Such contract and all lawful charges thereon may be collected by the licensee, its successors or assigns.
κ1959 Statutes of Nevada, Page 238 (CHAPTER 208, SB 303)κ
Sec. 47. 1. In addition to any other available remedy, any person considering himself aggrieved by any act or omission of the superintendent may, within 30 days from the date of such act or failure to act, bring an action in the First Judicial District Court in and for the County of Ormsby to review such act or omission.
2. The hearing before the court shall be based on the record before the superintendent and his findings and on such new evidence as may be introduced. The court may grant a stay of the effective date of any act complained of, or grant other relief on such terms and conditions as it sees fit, pending the determination of such appeal.
Sec. 48. 1. Any person and the several members, officers, directors, agents and employees thereof who shall violate or participate in the violation of any provision of section 7 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.
2. Any contract of loan in the making or collection of which any act shall have been done which violates section 7 shall be void, and the lender shall have no right to collect, receive or retain any principal, recompense or charges whatever.
Sec. 49. 1. If any amount in excess of the charges permitted by this chapter is charged, contracted for, or received, except as the result of an accidental and bona fide error of computation, the contract of loan shall be void, and the licensee shall have no right to collect or receive any principal, charges or recompense whatever.
2. The licensee and the several members, officers, directors, agents and employees thereof who shall have participated in such violation 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. 50. If any one or more of the clauses, sentences, phrases, words, sections, provisions or parts of this act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such shall not impair, affect or invalidate the remainder of this act, which shall remain in full force and effect.
Sec. 51. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 239κ
Senate Bill No. 130Senator Brown
CHAPTER 209
AN ACT to amend NRS section 247.230, relating to fees of the county recorder of Clark County, by requiring collection of the statutory fee for the copying of any document, including certificate and seal, by such recorder for the State of Nevada, Clark County, or any city or town within Clark County.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 247.230 is hereby amended to read as follows:
247.230 1. The county recorder of Clark County shall be allowed to charge and collect the following fees:
For receiving, filing and entering documents required to be recorded................ ........................................................................................................................ $0.25
For filing and entering any paper not to be recorded............................................. ............................................................................................................................ .50
For making all necessary indexes to each paper filed or recorded, for each name to be indexed, for five names or less............................................................. ............................................................................................................................ .50
For each additional name..................................................................................... ............................................................................................................................ .25
For recording any instrument, paper or document, for each folio......................... ............................................................................................................................ .20
If the photostatic method of recording is used, in lieu of 20 cents per folio, the county recorder may charge 75 cents for the first photostated page and 50 cents for each additional page or part of a photostated page.
For every certificate under seal.................................................................................. .......................................................................................................................... 1.00
For every entry of discharge or assignment of mortgage on the margin of the records............................................................................................................... .......................................................................................................................... 1.00
For abstract of title, for each document embraced thereby.................................... ............................................................................................................................ .75
For searching records and files, for each document necessarily examined......... ............................................................................................................................ .25
For recording any survey or map other than a town plat, for each corner.......... ............................................................................................................................ .30
For recording town plat, for each lot or separate subdivision exhibited thereby ............................................................................................................................ .25
For each folio of lettering or figuring thereon, or in the certificate and description of the same................................................................................... ............................................................................................................................ .50
For recording certificates of marriage........................................................................ .......................................................................................................................... 1.00
For copying of any document, including certificate and seal, for the first signature............................................................................................................ ............................................................................................................................ .75
For each additional signature............................................................................. ............................................................................................................................ .25
2. The county recorder shall be allowed to charge and collect for recording or copying any paper in a foreign language double the fees as when in English.
3. No map or plat shall be recorded exceeding in size two folios of the usual size records.
4. The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Clark, or any city or town within Clark County, or any officer thereof in his official capacity [.]
κ1959 Statutes of Nevada, Page 240 (CHAPTER 209, SB 130)κ
or any city or town within Clark County, or any officer thereof in his official capacity [.] , except for copying of any document, including certificate and seal, for which the statutory fee shall be paid.
________
Senate Bill No. 138Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 210
AN ACT to amend NRS section 349.010, relating to the submission of State of Nevada bond issue or loan proposals to the electors, by providing that such submission is not mandatory.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 349.010 is hereby amended to read as follows:
349.010 Whenever the State of Nevada proposes to issue bonds or provide for loans in any amount within the limit of indebtedness authorized by the constitution of the State of Nevada, the proposal for the bond issue or loan [shall] may be submitted to the electors of the state at a general or a special election called for that purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 162Senator Whitacre
CHAPTER 211
AN ACT conveying land located in the city of Yerington and owned by the State of Nevada to the city of Yerington.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The State of Nevada hereby relinquishes and quitclaims unto the city of Yerington all of the states right, title and interest in and to a certain parcel of real property situated in the city of Yerington, county of Lyon, more particularly described as follows:
Beginning at a point 767 feet North and 41 feet East of the northwest corner of the southwest quarter (SW 1/4) of Section 14, Township 13 North, Range 25 East, M.D.B.&M.; thence north along the east line of North Main Street, a distance of two hundred fifty (250) feet; thence east two hundred fifty (250) feet; thence south two hundred fifty (250) feet; thence west two hundred fifty (250) feet to the point of beginning.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 241κ
Senate Bill No. 172Committee on Education and State University
CHAPTER 212
AN ACT to amend chapter 396 of NRS, relating to the University of Nevada, by creating a new provision authorizing the board of regents of the University of Nevada to adopt, amend, repeal and enforce regulations governing vehicular and pedestrian traffic on property owned or used by the University of Nevada; providing that such regulations shall have the force and effect of law; providing penalties; and by providing other matters properly relating thereto.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of regents of the University of Nevada shall have the power by affirmative vote of a majority of its members to adopt, amend, repeal and enforce reasonable regulations governing vehicular and pedestrian traffic on all property owned or used by the University of Nevada.
2. Such regulations shall have the force and effect of law.
3. A copy of every such regulation, giving the date that it takes effect, shall be filed with the secretary of state, and copies of the regulations shall be published immediately after adoption and issued in pamphlet form for distribution to faculty and students of the university and to the general public.
4. Any person who violates any regulation adopted pursuant to this section is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 188Committee on Public Health (by request)
CHAPTER 213
AN ACT to amend NRS section 632.270 relating to the qualifications and fees of applicants to practice as practical nurses.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 632.270 is hereby amended to read as follows:
632.270 1. Each applicant for a license to practice as a practical nurse shall submit to the board written evidence, under oath, that he:
(a) Is of good moral character.
(b) Has completed 2 years of high school or its equivalent and has such other preliminary qualification requirements as the board may prescribe.
(c) Is at least 18 years of age.
(d) Has completed the prescribed curriculum in a board-approved program for the training of a practical nurse and holds a diploma or certificate therefrom acknowledging that the applicant has completed the course of training and study required therein, or has had 2 years experience in the physical care of the sick in a general hospital licensed by the State of Nevada.
κ1959 Statutes of Nevada, Page 242 (CHAPTER 213, SB 188)κ
program for the training of a practical nurse and holds a diploma or certificate therefrom acknowledging that the applicant has completed the course of training and study required therein, or has had 2 years experience in the physical care of the sick in a general hospital licensed by the State of Nevada.
2. Each application for a license to practice as a practical nurse shall be accompanied by a fee in the sum of [$5] $10, which shall be paid to the board. All funds received by the board pursuant to the provisions of NRS 632.260 to 632.340, inclusive, shall be disbursed and accounted for in the manner prescribed by NRS 632.090.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 196Committee on Agriculture and Irrigation
CHAPTER 214
AN ACT to amend NRS sections 555.260, 555.270, 555.280, 555.300, 555.320, 555.350, 555.370, 555.380, 555.390 and 555.410, relating to the custom application of insecticides, fungicides and herbicides by aircraft or ground equipment, by adding provisions for the regulation of the custom application of rodenticides by aircraft or ground equipment; and by providing other matters properly relating thereto.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 555.260 is hereby amended to read as follows:
555.260 As used in NRS 555.260 to 555.460, inclusive:
1. Aircraft means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.
2. Custom application of insecticides, fungicides [or herbicides], herbicides or rodenticides means any application of insecticides, fungicides, [or] herbicides or rodenticides by aircraft or ground equipment for hire, including application made on new construction of residence buildings or building slabs by contractors or builders.
3. Director means the director of the division of plant industry of the state department of agriculture.
4. Fungi means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living man or other animals.
5. Fungicide means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any fungi.
6. Ground equipment means any machine or device (other than aircraft) for use on land or water, designed for, or adaptable to, use in applying insecticides, fungicides, [or] herbicides or rodenticides as sprays, dusts, aerosols or fogs, or in other forms.
7. Herbicide means any substance or mixture of substances intended to prevent, destroy, repel or mitigate any weed.
8. Insect means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs as, for example, spiders, mites, ticks, centipedes and wood lice.
κ1959 Statutes of Nevada, Page 243 (CHAPTER 214, SB 196)κ
most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs and flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs as, for example, spiders, mites, ticks, centipedes and wood lice.
9. Insecticide means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatever.
10. Person means any individual, firm, partnership, association, corporation, company, joint-stock association or body politic, or any organized group of persons whether incorporated or not, and includes any trustee, receiver, assignee or other similar representative thereof.
11. Rodent means all members of the order Rodentia and all rabbits and hares.
12. Rodenticide means any substance or mixture of substances intended to prevent, destroy, repel or mitigate rodents.
[11.] 13. Weed means any plant which grows where not wanted.
Sec. 2. NRS 555.270 is hereby amended to read as follows:
555.270 It is the policy of this state and the purpose of NRS 555.260 to 555.460, inclusive, to regulate, in the public interest, the custom application of insecticides, fungicides [and herbicides,] , herbicides and rodenticides, which, although valuable for the control of insects, [fungi and weeds,] fungi, weeds and rodents, may seriously injure man, animals and crops over wide areas if not properly applied.
Sec. 3. NRS 555.280 is hereby amended to read as follows:
555.280 No person shall engage in custom application of insecticides, fungicides, [or] herbicides or rodenticides within this state at any time without a license issued by the director.
Sec. 4. NRS 555.300 is hereby amended to read as follows:
555.300 1. The director may require the applicant to show, upon examination, that he possesses adequate knowledge concerning the proper use and application of insecticides, fungicides, [and] herbicides and rodenticides, and the dangers involved and precautions to be taken in connection with their application.
2. If the applicant is other than an individual, the applicant shall designate an officer, member or technician of the organization to take the examination, such designee to be subject to the approval of the director. If the extent of the applicants operations warrant it, the director may require more than one officer, member or technician to take the examination.
Sec. 5. NRS 555.320 is hereby amended to read as follows:
555.320 1. If the director finds the applicant qualified, and upon the applicants appointing the director agent for service of process and finding that the applicant has satisfied the requirements of NRS 555.330, the director shall issue a license, for such period as he may by regulation prescribe, to perform custom application of insecticides, fungicides, [and] herbicides and rodenticides within this state.
2. The license may restrict the licensee to the use of a certain type or types of equipment or materials if the director finds that the applicant is qualified to use only such type or types.
κ1959 Statutes of Nevada, Page 244 (CHAPTER 214, SB 196)κ
3. If a license is not issued as applied for, the director shall inform the applicant in writing of the reasons therefor.
Sec. 6. NRS 555.350 is hereby amended to read as follows:
555.350 The director may suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing, may revoke or modify and license issued under NRS 555.260 to 555.460, inclusive, if he finds that:
1. The licensee is no longer qualified; or
2. The licensee has engaged in fraudulent business practices in the custom application of insecticides, fungicides, [or] herbicides or rodenticides; or
3. The licensee has made any custom application in a faulty, careless or negligent manner; or
4. The licensee has violated any of the provisions of NRS 555.260 to 555.460, inclusive, or regulations made thereunder.
Sec. 7. NRS 555.370 is hereby amended to read as follows:
555.370 The director may provide for inspection of any ground equipment or of any device or apparatus used for custom application of insecticides, fungicides, [or] herbicides or rodenticides by aircraft, and may require proper repairs or other changes before its further use for custom application.
Sec. 8. NRS 555.380 is hereby amended to read as follows:
555.380 1. The director may, by regulation, prescribe materials or methods to be used and prohibit the use of materials or methods in custom application of insecticides, fungicides, [and] herbicides and rodenticides, to the extent necessary to protect health or to prevent injury by reason of the drifting, washing or application of such materials to desired plants or animals, including pollinating insects and aquatic life, on property other than that owned or leased by the person for whom the materials are applied.
2. In issuing such regulations, the director shall give consideration to pertinent research findings and recommendations of other agencies of this state or of the Federal Government.
Sec. 9. NRS 555.390 is hereby amended to read as follows:
555.390 The director may, by regulation, require any licensee to maintain such records and furnish reports giving such information with respect to particular applications of insecticides, fungicides, [or] herbicides or rodenticides and such other relevant information as the director may deem necessary.
Sec. 10. NRS 555.410 is hereby amended to read as follows:
555.410 The director may, in cooperation with the University of Nevada, publish information regarding injury which may result from improper application or handling of insecticides, fungicides, [or] herbicides or rodenticides and methods and precautions designed to prevent such injury.
Sec. 11. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 245κ
Senate Bill No. 197Committee on Agriculture and Irrigation
CHAPTER 215
AN ACT to amend NRS section 555.010 relating to the investigation of insect pests by the state quarantine officer by providing for the control of plant diseases.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 555.010 is hereby amended to read as follows:
555.010 1. Within the limits of any appropriation made by law, the state quarantine officer is authorized to investigate the prevalence of Mormon crickets, grasshoppers, alfalfa weevils, [and] other insect pests, and plant diseases which may be injurious to the agricultural industry in the State of Nevada, and institute and carry out such measures for their control as may be required to protect the agricultural industry against loss.
2. For the more efficient and economical carrying out of the provisions of this section, the state quarantine officer is authorized to cooperate, within the limits of any appropriation made by law, financially or otherwise, with any individual, firm or corporation, or with any political subdivision of the State of Nevada, or with any department of the State of Nevada, or any other state government or any agency of the Federal Government.
________
Senate Bill No. 198Committee on Agriculture and Irrigation
CHAPTER 216
AN ACT to amend NRS sections 583.110, 583.170 and 583.180 relating to definitions and method of marking egg containers when eggs are offered for sale.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 583.110 is hereby amended to read as follows:
583.110 As used in NRS 583.110 to 583.210, inclusive, unless the context otherwise requires:
1. Addled or white rot means putrid or rotten.
2. Adherent yolk means the yolk has settled to one side and become fastened to the shell.
3. Black rot means the deterioration of an egg to such an extent that the whole interior presents a blackened appearance before the candle.
4. Black spot means the presence of mold or bacteria in isolated areas inside the shell.
5. Blood streak means the presence of blood in an egg due to partial incubation.
κ1959 Statutes of Nevada, Page 246 (CHAPTER 216, SB 198)κ
6. Fresh eggs, ranch eggs, farm eggs or any other terms that represent eggs to be fresh mean eggs that:
(a) Meet the minimum quality of grade A under the grades and standards prescribed by the state quarantine officer;
(b) Have not acquired any offensive odor or taste, such as onion, garlic, processed meats or citrus; and
(c) Do not have a poor color as the result of processing, storage or any other cause.
[6.] 7. Incubated eggs includes eggs which have been subjected to incubation, whether natural or artificial, for more than 48 hours.
[7.] 8. Moldy means the presence of mold inside the shell.
Sec. 2. NRS 583.170 is hereby amended to read as follows:
583.170 It shall be unlawful for any person, firm or corporation to sell or offer or expose for sale any eggs intended for human consumption: [without notifying by suitable sign or label the person or persons purchasing or intending to purchase the same of the exact grade or quality and the size or weight of such eggs, according to the grades prescribed by the state quarantine officer.]
1. Unless each container and subcontainer is marked with the full, correct and unabbreviated designation of size and quality of the eggs contained therein, according to the grade and standards prescribed by the state quarantine officer, and with the name and address of the producer, dealer, retailer or agent by or for whom the eggs were graded or marked.
2. From bulk lots, open cases or other types of containers unless a plainly legible sign or placard is conspicuously placed and posted in such a position as to identify clearly and accurately the eggs contained therein and is marked with the full, correct and unabbreviated designation of size and quality of such eggs according to the grade and standards prescribed by the state quarantine officer.
Sec. 3. NRS 583.180 is hereby amended to read as follows:
583.180 1. [When eggs are removed from the original container for resale, the true grade of such eggs must be stamped upon the subsequent container in letters not less than one-third inch in height.
2. If placed on display for sale, a sign must be placed immediately over such eggs, in letters not less than 1 inch in height, giving the true grade of such eggs.] The designation of size and quality required by subsection 1 of NRS 583.170 shall be plainly and conspicuously marked in boldface type letters:
(a) Not less than one-fourth inch in height on the outside top face of each container holding less than 15 dozen eggs.
(b) Not less than one-half inch in height on one outside end of any container holding 15 dozen or more eggs.
2. The sign or placard required by subsection 2 of NRS 583.170 shall be plainly and conspicuously marked in boldface type letters not less than 1 inch in height.
________
κ1959 Statutes of Nevada, Page 247κ
Senate Bill No. 199Committee on Agriculture and Irrigation
CHAPTER 217
AN ACT to amend NRS sections 587.050 and 587.060, relating to noxious weed seeds, by defining morning-glory seeds as secondary noxious weed seeds; and to amend NRS sections 587.170, 587.180 and 587.190, relating to labeling of seeds, by deleting the requirement that the approximate number of certain types of seeds be stated on the label.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 587.050 is hereby amended to read as follows:
587.050 1. Noxious weed seeds includes the following seeds for which no tolerance will be allowed: Camels-thorn (Alhagi camelorum), whitetop or hoarycress (Lepidium draba, Lepidium repens, Hymenophysa pubescens), Klamath weed (Hypericum perforatum), Russian knapweed (Centaurea repens), leafy spurge (Euphorbia esula), sowthistle (Sonchus arvensis), Canada thistle (Cirsium arvense), Iberian star-thistle (Centaurea iberica), purple star-thistle (Centaurea calcitrapa), yellow star-thistle (Centaurea solstitialis), [morning-glory (Convolvulus arvensis),] Austrian fieldcress (Roripa austriaca), buffalo-bur (Solanum rostratum), and [water hemlock] waterhemlock (cicuta species).
2. The state quarantine officer may, from time to time, designate as noxious weed seeds, by rules and regulations, seeds of other plants that in his judgment may become injurious to the agriculture of the State of Nevada.
Sec. 2. NRS 587.060 is hereby amended to read as follows:
587.060 1. Secondary noxious weed seeds includes the following: Five-hooked bassia (Bassia hyssopifolia), crabgrass (Digitaria sanguinalis, Digitaria ischaemum), charlock (Brassica arvensis), fanweed (Thlaspi arvense L.), morning-glory (Convolvulus arvensis), sandbur (Cenchrus pauciflorus), horsenettle (Solanum carolinense, Solanum elaeagnifolium), puncture vine (Tribulus terrestris), dodder (all species).
2. The state quarantine officer may, from time to time, designate as secondary noxious weed seeds, by rules and regulations, seeds of other plants that, in his judgment, may become injurious to the agriculture of the State of Nevada.
Sec. 3. 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:
(a) The commonly accepted name of such agricultural seed and the actual [bushel] weight thereof.
(b) The approximate percentage of weight or count of all other agricultural seeds, as defined in NRS 587.020, distinguishable by their appearance, present.
[(c) The approximate total number and kind of secondary noxious and common weed seeds present in each pound.
κ1959 Statutes of Nevada, Page 248 (CHAPTER 217, SB 199)κ
(d)] (c) The approximate percentage by weight of inert matter present.
[(e)] (d) 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:
(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.
(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 subparagraphs (1) and (3) of paragraph [(e)] (d) of this subsection.
(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.
[(f)] (e) 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 [progagating] propagating organs of fungi or other parasites responsible for disease, as defined in NRS 587.030, present.
[(g)] (f) The approximate percentage of germination of such agricultural seed, together with the month and year the seed was tested.
[(h)] (g) No noxious weed seeds present.
[(i)] (h) 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)] (f) of subsection 1 shall be used in computing such 9-month period.
Sec. 4. NRS 587.180 is hereby amended to read as follows:
587.180 Mixtures of alsike and timothy, alsike and white clover, redtop and timothy, or alsike and red clover, when sold, offered or exposed for sale as mixtures, in bulk or packages or other containers of 1 pound or more, shall bear a label stating:
1. That such seed is a mixture.
2. The name and approximate percentage by weight of each kind of agricultural seed present in such mixture in excess of 5 percent by weight of the total mixture.
[3. The approximate total number and kind of secondary noxious and common weed seeds present in each pound.
4.] 3. The approximate percentage by weight of inert matter present.
κ1959 Statutes of Nevada, Page 249 (CHAPTER 217, SB 199)κ
[5.] 4. The name of each kind of seeds, seed aggregates, tubers, bulbs or other propagating parts of secondary noxious weeds, as defined in NRS 587.060, which are present, singly or collectively, in excess of one seed, seed aggregate, tuber, bulb or propagating part, in each 15 grams of such mixture.
[6.] 5. 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.] 6. The approximate percentage of germination of each kind of agricultural seed present in such mixture in excess of 5 percent by weight, together with the month and year the seed was tested.
[8.] 7. No noxious weed seeds present.
[9.] 8. The full name and address of the vendor of such mixture.
Sec. 5. NRS 587.190 is hereby amended to read as follows:
587.190 Special mixtures of agricultural seeds, except as specified in NRS 587.180, when sold, offered or exposed for sale as mixtures, in bulk or packages or other containers of 1 pound or more, shall bear a label stating:
1. That such seed is a special mixture.
2. The name and percentage by weight of each kind of agricultural seed which is present in the proportion of 5 percent, or more, of the total mixture.
[3. The approximate total number and kind of secondary noxious and common weed seeds present in each pound.
4.] 3. The approximate percentage by weight of inert matter present.
[5.] 4. The name of each kind of seeds, seed aggregates, tubers, bulbs or propagating parts of secondary noxious weeds, as defined in NRS 587.060, which are present, singly or collectively, in excess of one such seed, seed aggregate, tuber, bulb or propagating part, in each 15 grams of such special mixture.
[6.] 5. 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.] 6. The approximate percentage of germination of each kind of agricultural seed present in such mixture in excess of 5 percent by weight, together with the month and year the seed was tested.
[8.] 7. No noxious weed seeds present.
[9.] 8. The full name and address of the vendor of such mixture.
________
κ1959 Statutes of Nevada, Page 250κ
Senate Bill No. 203Senators Lamb, Frank, Duffy, Lauritzen, Seevers, Slattery, Echeverria and Murray
CHAPTER 218
AN ACT to amend NRS sections 617.460 and 617.480, relating to claims and compensation for silicosis as an occupational disease, by changing the limitations on the payment of benefits and compensation and providing for the distribution of moneys accumulated because of deaths prior to receipt of maximum compensation; and by providing other matters properly relating thereto.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after total disability or within 6 months after death.
3. Nothing in this chapter shall entitle an employee of his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in Nevada, some portion of which shall have been after July 1, 1947.
5. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:
(a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.
(b) The maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed $11,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits [.] ; except that the amount payable for hospital, medical or nursing benefits shall not exceed $50 per month.
The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment notwithstanding the provisions of NRS 616.620.
κ1959 Statutes of Nevada, Page 251 (CHAPTER 218, SB 203)κ
withstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents. [during the claimants lifetime only.]
Sec. 2. NRS 617.480 is hereby amended to read as follows:
617.480 Notwithstanding the provisions of NRS 617.460, compensation shall be paid from the state insurance fund in cases of silicosis arising under the following conditions:
1. No compensation shall be paid in case of silicosis, as defined in NRS 617.140, out of the state insurance fund unless during the 20 years immediately preceding March 25, 1957, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in mines in Nevada.
2. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of permanent total disability, in accordance with the provisions of chapter 616 of NRS; provided, that the maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed $11,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits [.] ; except that the amount payable for hospital, medical or nursing benefits shall not exceed $50 per month. The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment, notwithstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents. [during the claimants lifetime only.]
3. Claims for compensation provided by this section on account of silicosis shall be forever barred unless application shall have been made to the commission within 6 months after March 25, 1957.
4. Where the employee is eligible to receive other compensation under this chapter, he shall not be entitled to compensation, medical, hospital and nursing expenses or payment of funeral expenses for silicosis out of the state insurance fund. No employee who has received the full benefits as provided under this chapter shall be entitled to any further benefits under this section.
5. No person shall qualify for any benefits under this section unless he shall have actually and physically resided in the State of Nevada for an uninterrupted period of at least 20 years immediately preceding March 25, 1957.
6. If any person dies prior to receipt of maximum compensation and benefits allowed pursuant to subsection 2, the difference between the amount of compensation and benefits actually paid to or on behalf of such person and the maximum compensation and benefits payable pursuant to subsection 2 shall be placed in a special fund to be paid out as provided in subsection 7.
7. Notwithstanding the provisions of subsection 2, any moneys in the special fund created pursuant to subsection 6 shall be available for payment [of compensation and medical, hospital and nursing benefits on a pro rata basis, to or on behalf of persons who have theretofore received the maximum compensation and benefits allowed pursuant to subsection 2.]
κ1959 Statutes of Nevada, Page 252 (CHAPTER 218, SB 203)κ
tofore received the maximum compensation and benefits allowed pursuant to subsection 2.] on a pro rata basis to, or on behalf of persons who, after July 1, 1957, have received the maximum compensation and benefits allowed pursuant to subsection 2. This special fund shall be distributed proportionately in its entirety on March 31, June 30, September 30 and December 31 of each year for whatever number of dollars, if any, have accumulated during that quarter; except that the maximum amount payable to the pensioner in any 1 calendar quarter shall not exceed what he normally would have received under his original pension.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 214Committee on Agriculture and Irrigation
CHAPTER 219
AN ACT to amend chapter 552 of NRS and NRS sections 552.090, 552.110 to 552.170, inclusive, 552.210, 552.300, 561.070 and 561.080, relating to bees and apiaries, the state board of stock commissioners, powers and duties of the state apiary commission, duties of county assessors, tax on stands of bees, the apiary inspection fund, apiary inspectors, quarantine and treatment of diseased bees, duties of owners and persons in possession of apiaries, indemnity and unlawful importation, duties of district attorney, employment of counsel and to the appointment, qualifications and terms of members of the state board of stock commissioners, by transferring administration of the law relating to bees and apiaries to the state department of agriculture; by defining terms; providing for colony strength inspection and certification; by defining public nuisances concerning bees; by adding a member to the state board of stock commissioners; by providing for permits for importation of bees for pollination service; to repeal NRS sections 552.010 to 552.080, inclusive, and 552.100; and by providing other matters properly relating thereto.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 552 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. As used in this chapter, apiary means any hive or other place where bees are kept, located or found, and all appliances used in connection therewith.
Sec. 3. As used in this chapter, appliance means any implement or device used in manipulating bees or their brood, including honey-extracting equipment, and any container thereof.
Sec. 4. As used in this chapter, bees means honey-producing insects (Apis mellifera), and includes adults, eggs, larvae, pupae, and all material, excluding honey and rendered beeswax, that is deposited into beehives by the adults.
Sec. 5. As used in this chapter, colony strength means the potential of a hive of bees to pollinize horticultural or agricultural crops.
Sec. 6. As used in this chapter, department means the state department of agriculture.
κ1959 Statutes of Nevada, Page 253 (CHAPTER 219, SB 214)κ
Sec. 7. As used in this chapter, destroy means to burn a subject in its entirety.
Sec. 8. As used in this chapter, disease means any condition adversely affecting bees, or their brood, which may become epidemic, including American foul brood and acarine disease (Acarapis woodi).
Sec. 9. As used in this chapter, hive means any receptacle or container made or prepared for the use of bees, or of which bees have taken possession.
Sec. 10. As used in this chapter, inspector means any person authorized by the department to enforce the provisions of this chapter.
Sec. 11. As used in this chapter, location means any place where an apiary is located.
Sec. 12. As used in this chapter, person means any individual, partnership, association or corporation.
Sec. 13. As used in this chapter, treat means to fumigate hives with gas, to burn their contents and to scorch the boxes, tops and bottom boards with fire.
Sec. 14. The department may, if the demand for pollination service is found by the department to warrant such action:
1. Establish standards of colony strength based upon:
(a) The number of bees per hive;
(b) The number of cells containing brood per hive;
(c) The health of the bees and brood; and
(d) Any other factors which reasonably relate to the ability of the colony to pollinize horticultural and agricultural crops.
2. Appoint qualified inspectors to determine colony strength.
3. Certify hives of bees used in commercial pollinization on the basis of colony strength.
4. Establish reasonable fees to cover the cost of colony strength inspection and certification.
Sec. 15. Fees collected under section 14 of this act shall be deposited in the state treasury to the credit of the apiary inspection fund and may be drawn upon by the department to cover the costs of colony strength inspection and certification in the same manner provided for payment of other claims against the state.
Sec. 16. The following are hereby declared to be public nuisances and are subject to abatement under the provisions of this chapter:
1. Diseased bees and any apiary in which they are found.
2. Honey, honeycombs and beeswax containing honey which are exposed to robber bees.
Sec. 17. When an inspection is requested by any person for the purpose of obtaining a certificate of inspection for out-of-state movement of bees or appliances, the applicant for such certificate shall pay a reasonable fee as prescribed by the department to pay the expenses of the inspection.
Sec. 18. NRS 552.090 is hereby amended to read as follows:
552.090 1. The [state apiary commission] department shall have general control of all matters pertaining to the apiary industry.
2. The [state apiary commission] department shall have the power to make rules and regulations [governing itself and] for the enforcement of the provisions of this chapter.
κ1959 Statutes of Nevada, Page 254 (CHAPTER 219, SB 214)κ
3. In conjunction with the state quarantine officer, the [state apiary commission] department may adopt, on behalf of the state, rules and regulations of the United States Department of Agriculture relating to control and suppression of diseases of bees, and may cooperate with the officers of the United States Department of Agriculture in the enforcement of such rules and regulations.
Sec. 19. NRS 552.110 is hereby amended to read as follows:
552.110 The [state apiary commission] department may divide the state into districts for the purpose of carrying out the provisions of this chapter and such rules and regulations as the [commission] department may make thereunder.
Sec. 20. NRS 552.120 is hereby amended to read as follows:
552.120 At the completion of each annual assessment, the county assessor shall prepare from the assessment book of such year, as corrected by the board of county commissioners, a statement showing the total number of stands of bees assessed in his county and the ownership and location of the same, and shall forward the statement to the [secretary of the state apiary commission.] department.
Sec. 21. NRS 552.130 is hereby amended to read as follows:
552.130 1. [At any regular or special meeting, the state apiary commission] The department shall fix the annual tax not exceeding 25 cents on each stand of bees as provided in subsection 2, and send notice of the same to the board of county commissioners of each county previous to the annual levy of taxes by the board of county commissioners.
2. When notified by the [state apiary commission,] department, the board of county commissioners shall, at the time of the annual levy of taxes, levy the tax recommended by the [state apiary commission] department under the provisions of subsection 1, not to exceed 25 cents on each stand of bees assessed in its county.
Sec. 22. NRS 552.140 is hereby amended to read as follows:
552.140 1. Taxes levied pursuant to NRS 552.130 shall be collected as other taxes and forwarded to the state treasurer, who shall keep the same in a separate fund to be known as the apiary inspection fund.
2. The county treasurer shall notify the [state apiary commission] department of all moneys forwarded to the state treasurer for the apiary inspection fund at the time such moneys are forwarded to the state treasurer, and shall also make a final report to the [secretary of the state apiary commission] department at the time he makes settlement with the state controller.
3. The [state apiary commission] department shall audit all bills of salaries and expenses incurred under the provisions of this chapter that may be paid from the apiary inspection fund, and if found correct shall certify the same to the state controller, who shall draw a warrant on the state treasury in favor of the persons entitled thereto.
Sec. 23. NRS 552.150 is hereby amended to read as follows:
552.150 1. The [state apiary commission] department may appoint:
(a) A properly qualified chief inspector to have charge of the carrying out of the provisions of this chapter under the [commissions] departments direction; and
(b) Such deputy inspectors as may be needed to work under the direction of the chief inspector in the districts assigned to them or otherwise.
κ1959 Statutes of Nevada, Page 255 (CHAPTER 219, SB 214)κ
2. The [state apiary commission] department shall fix the compensation of the inspectors and their necessary traveling and living expenses when engaged in the business of the [commission,] department, which compensation and expenses shall be paid out of the apiary inspection fund.
Sec. 24. NRS 552.155 is hereby amended to read as follows:
552.155 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] department the number of colonies therein and the location thereof.
2. The [state apiary commission] department 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.
Sec. 25. NRS 552.160 is hereby amended to read as follows:
552.160 1. The [state apiary commission] department may order the inspection of any or all apiaries and all buildings used in connection with such apiaries in any district or districts of the state annually, or oftener if deemed necessary, or upon report to it that there is reason to believe that any apiary or apiaries may be infected with any disease [injurious to honeybees in their egg, larval, pupal or adult stages.
2. If at such an inspection or otherwise an inspector finds any such disease to exist in any apiary, appliance, structure or buildings, he shall give to the owner or owners, caretaker or person in charge of such disease-infected property full instructions in writing for such treatment as in his judgment seems adequate to eradicate the disease found.
3. The owner or owners, caretaker or person in charge of such disease-infected property shall, within 10 days after notice by the inspector of the presence of such disease, proceed to treat the same as advised and directed by the inspector.] , or that any honey, honey-combs or beeswax are exposed to robber bees.
2. If such inspection discloses any disease, the department may:
(a) Order the owner or any person in possession of the apiary to destroy the diseased bees, hives and appliances at the expense of the owner; or
(b) Order the owner or any person in possession of the apiary to treat the hives and appliances at the expense of the owner, if, in the opinion of the inspector, the nuisance can be abated by treatment rather than destruction.
3. If inspection discloses the existence of American foul brood, the order for destruction or treatment shall require compliance within not less than 24 hours nor more than 72 hours. Any other order shall specify a reasonable time with reference to the nature of the disease.
4. If such inspection discloses honey, honeycombs or beeswax exposed to robber bees, the department may order the abatement of such nuisance in a manner appropriate to the circumstances.
5. The order shall be served upon the owner or person in possession of the apiary personally or by registered mail, or, if such person cannot be located, by posting the order in a conspicuous place at the apiary.
κ1959 Statutes of Nevada, Page 256 (CHAPTER 219, SB 214)κ
not be located, by posting the order in a conspicuous place at the apiary.
Sec. 26. NRS 552.170 is hereby amended to read as follows:
552.170 [1. If the owner or owners, caretaker or person in charge of any such disease-infected property shall neglect or refuse to carry out the written instructions given him by the inspector in accordance with the provisions of NRS 552.160, or if any inspector finds a diseased condition so severe that treatment is inadvisable or impracticable, making the destruction of the disease-infected property imperative for the protection of the apiary industry, he shall immediately report the same to the state quarantine officer.
2. The state quarantine officer shall proceed in the manner provided in chapter 554 of NRS.
3. If the disease-infected property is ordered destroyed under the provisions of chapter 554 of NRS solely and entirely for the protection of the apiary industry, the indemnity therefor, as set forth in chapter 554 of NRS, shall be paid out of the apiary inspection fund and not out of the general fund of any county or the state.] If the owner or person in possession of an apiary neglects or refuses to comply with an order issued under section 17 of this act, the department may refer the facts to the appropriate district attorney for prosecution under NRS 552.310, and may authorize the inspector or other agent to abate the nuisance by the method prescribed in the order.
Sec. 27. 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.] No person may ship or transport into the State of Nevada any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a special pollination permit issued by the department.
κ1959 Statutes of Nevada, Page 257 (CHAPTER 219, SB 214)κ
beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a special pollination permit issued by the department.
2. The department may issue a special pollination permit for the importation of bees on comb and boxes containing comb into a designated district of this state from another state for a period not to exceed 6 months if the applicant:
(a) Submits an application on forms supplied by the department stating:
(1) The number of hives or the number of boxes containing comb, or both, to be moved.
(2) The locality, city or cities (if any), the county, or counties, and the state of origin of the hives or boxes of comb.
(3) The property, locality and county in which the hives or boxes of comb will be placed.
(4) The proposed date of entry into the State of Nevada.
(5) Facts pertaining to the purpose for which the bees and boxes of comb, or both, are to be moved, including evidence establishing the existence of a contract or agreement for pollination service.
(6) In affidavit form, that no drugs of any kind have been fed to the bees for the treatment of American foul brood disease during 6 months prior to application for the permit.
(b) Files with the department, not less than 72 hours in advance of entry, a certificate of a duly authorized officer of the state of origin certifying:
(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 30 days of the date of the issuance of the certificate at a time when the bees are actively rearing their brood; and
(2) That no disease has been found in any apiaries intended for shipment by the applicant; and
(3) The numbers of hives of bees, nuclei of bees, supers of drawn comb, city and county of origin and date of inspection.
(c) Notifies the department immediately upon arrival in this state, registers apiary locations, and pays the registration fee of 25 cents per hive.
3. Each shipment shall be accompanied by a copy of the permit of entry issued by the department and a copy of the certificate of inspection required by this section.
4. The department may issue a permit for the importation into the State of Nevada of used extractors, honey tanks, honey cans, uncapping equipment, tops, bottoms, empty supers and empty hive bodies, if the applicant submits 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 department.
5. If any bees, used hives, honeycombs or appliances entering the State of Nevada are found to be diseased at the time of inspection in this state, the shipment shall be quarantined in the same manner as provided in NRS 552.200, and shall be either destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
κ1959 Statutes of Nevada, Page 258 (CHAPTER 219, SB 214)κ
possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
6. All honeycombs transported from a point outside the State of Nevada through this state in interstate commerce shall be covered by the person in possession in a manner which will prevent access of bees.
7. All bees, used hives, honeycombs or appliances entering the State of Nevada in violation of the provisions of this chapter shall be either destroyed or shipped out of this state at the option and expense of the owner or person in possession.
Sec. 28. NRS 552.300 is hereby amended to read as follows:
552.300 1. Upon presentation of satisfactory evidence by the state quarantine officer, the chief inspector, or any deputy inspector of the violation of any of the provisions of this chapter, any district attorney shall, without delay, prosecute the person so violating any of the provisions of this chapter.
2. The [state apiary commission] department may, at its discretion, employ counsel to assist in the prosecution of any person charged with the violation of any of the provisions of this chapter and compensate the counsel so employed out of the apiary inspection fund.
Sec. 29. NRS 561.070 is hereby amended to read as follows:
561.070 1. The board shall consist of [five] six members, appointed by the governor, three of whom shall be actively engaged in livestock production, one in dairying, [and] one in general ranching [.] and one shall be an experienced beekeeper actively engaged in the apiary industry. No two members shall be from any one county.
2. Each member of the board shall be a qualified elector of the county from which he is chosen, and must reside within the state during his term of office.
Sec. 30. NRS 561.080 is hereby amended to read as follows:
561.080 1. Within 30 days after March 29, 1949, the governor shall appoint five members of the board qualified as provided in NRS 561.070, one for a term of 1 year, one for a term of 2 years, one for a term of 3 years, and two for terms of 4 years, or until their successors are appointed and qualified.
2. Thereafter the governor shall appoint properly qualified successors at the expiration of the terms set forth in subsection 1 for terms of 4 years, or until their successors are appointed and qualified.
3. As soon as practicable after July 1, 1959, the governor shall appoint a sixth member of the board for a term of 4 years, which member shall be an experienced beekeeper actively engaged in the apiary industry.
Sec. 31. NRS 552.010 to 552.080, inclusive, and 552.100 are hereby repealed.
Sec. 32. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 259κ
Senate Bill No. 234Senator Settelmeyer
CHAPTER 220
AN ACT authorizing and directing the state controller to transfer the sum of $300 from the lost warrant fund to the western flood relief fund in the state treasury.
[Approved March 20, 1959]
Whereas, The western flood relief fund is a duly established and existing fund in the state treasury, the proceeds of which are constituted from funds received from the Federal Government; and
Whereas, On October 18, 1956, the state controller drew his warrant number 55692 in the sum of $300 on the western flood relief fund, such warrant being payable to the order of Allen M. Crosby, manager; and
Whereas, Such warrant was not presented for payment within 90 days from October 18, 1956, and the state controller, in compliance with the provisions of NRS 353.130, thereafter transferred such sum of $300 to the lost warrant fund in the state treasury; and
Whereas, It now appears that the sum of $300 must be returned to the Federal Government; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to transfer the sum of $300 from the lost warrant fund to the western flood relief fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 261Senator Echeverria (by request)
CHAPTER 221
AN ACT authorizing Washoe County, State of Nevada, to enlarge, repair and reconstruct the Washoe County Hospital sometimes designated the Washoe Medical Center, to equip and furnish the same and to acquire suitable grounds therefor; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $150,000 and the levy of taxes in connection therewith; prescribing other details and conditions concerning such bonds and such taxes; and concerning other matters properly relating thereto.
[Approved March 20, 1959]
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 powers elsewhere conferred upon the board, to enlarge, repair and reconstruct the Washoe County Hospital, sometimes designated the Washoe Medical Center, to equip and furnish the same, and to acquire suitable site or grounds therefor, and to defray the cost thereof in part by the issuance of general obligation bonds in not to exceed the aggregate principal amount of $150,000, if a sum of not less than $150,000 is allocated and committed by the United States Government for such purposes.
κ1959 Statutes of Nevada, Page 260 (CHAPTER 221, SB 261)κ
$150,000 is allocated and committed by the United States Government for such purposes. The proceeds of such bond issue shall be used only for the identical purpose or purposes for which the moneys are allocated and committed by the United States Government. (Such building, incidental improvements, equipment, furnishings, sites and grounds, are hereinafter sometimes designated as the facilities.)
Sec. 2. Each series of bonds shall be authorized by ordinance. The bonds shall be of convenient denominations, shall be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest, shall be issued in one or more series, shall mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the board of county commissioners, the bonds may mature serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom, 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 or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year. 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 ordinance authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such order, and upon the payment of such premium, if any, as the board may determine and state therein. The bonds, unless they be registered for payment as to principal and interest, 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 county treasurer; and the bonds shall also be signed and attested by the county clerk with the official seal of the county affixed thereto. Facsimile signatures of the chairman and county treasurer may be used on the coupons. The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the board.
Sec. 3. The board of county commissioners is hereby authorized to sell such bonds at one time, or from time to time, as the board may determine, at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery. 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 and other expert services in connection with the facilities to be acquired as herein authorized and in connection with the authorization, issuance and sale of the bonds.
κ1959 Statutes of Nevada, Page 261 (CHAPTER 221, SB 261)κ
connection with the facilities to be acquired as herein authorized and in connection with the authorization, issuance and sale of the bonds.
Sec. 4. 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. Insofar 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 both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory 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 of probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due. In any year in which the total taxes levied against the 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 reductions 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 for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 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. 5. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 6. 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 part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 7. 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 the State of Nevada or any subdivision thereof.
κ1959 Statutes of Nevada, Page 262 (CHAPTER 221, SB 261)κ
fer, and the income therefrom, shall forever be and remain free and exempt from taxation by the State of Nevada or any subdivision thereof.
Sec. 8. 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. 9. This being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
Sec. 10. That if any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 145Miss Frazier, Messrs. Bailey, Swanson, Monaghan, Gibson, Miss Herr and Mr. Christensen (Clark)
CHAPTER 222
AN ACT to amend NRS section 387.310, relating to the issuance and signing of orders for warrants by the clerk of the board of trustees of school districts, by allowing a majority of such board to approve such orders without signing each order, and providing for cumulative voucher sheets to be signed by the president and clerk of the board of trustees.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.310 is hereby amended to read as follows:
387.310 1. Subject to the direction of the board of trustees, the clerk of the board shall draw all orders for the payment of moneys belonging to the school district.
2. [When signed by the president and the clerk of the board of trustees or by a majority of the board of trustees,] The orders shall be listed on cumulative voucher sheets and a copy presented to each of the members of the board of trustees present at the meeting and mailed to any absent member; and, when the orders have been approved by a majority of the board of trustees, and the cumulative voucher sheets have been signed by the president and the clerk of the board of trustees, such orders shall be valid vouchers in the hands of the county auditor for him to issue warrants on the county treasurer to be paid out of the funds belonging to such school district.
3. No order in favor of the board of trustees or any member thereof, except for authorized travel expenses and subsistence of trustees or for services of any trustee as clerk of the board, shall be drawn.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 263κ
Assembly Bill No. 254Ormsby County Delegation
CHAPTER 223
AN ACT to amend an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10b. (13) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, and amended by chapter 25, Statutes of Nevada 1953, at page 21, is hereby amended to read as follows:
Section 10b. (13). Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of a majority of all members elected to the board of trustees. The cost and expenses of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, making the assessments, together with newspaper publications and cost of construction, and all incidental costs. 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 of the value of such lot or premises, which would otherwise be chargeable upon the lot or premises, shall be paid from the general funds of the city. The board of trustees shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvements contemplated herein shall be made or awarded nor shall the board of trustees incur any expense or liability in relation thereto, except for surveys, maps, and such other preliminary acts as may be required to arrive at a preliminary estimate of the cost of the improvements, until after the notice and hearing provided for herein shall have been given or had, and until such time as the full amount of money necessary for the payment of the cost of such improvement has been set aside in a proper fund for that specific purpose. But nothing herein contained shall be construed as preventing the board of trustees from advertising for proposals for doing work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 264κ
Assembly Bill No. 311Elko County Delegation
CHAPTER 224
AN ACT to amend NRS sections 380.110 and 380.130, relating to the creation and source of law library funds and the levy of special taxes to discharge law library indebtedness, by increasing the amount of fees from civil actions, proceedings and appeals which may be set aside for law library funds and by authorizing transfers from general funds of the county to the law library fund to discharge certain indebtedness.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 380.110 is hereby amended to read as follows:
380.110 1. Any ordinance of a board of county commissioners establishing a law library under the provisions of this chapter shall provide that [upon 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 county clerk shall set aside from the costs received such sum as shall be established by the ordinance, not exceeding $5 in any case, for a fund which shall be designated as the law library fund.] from the fees received by the county clerks of the several counties pursuant to chapter 19 of NRS, a sum certain, as shall be established by the ordinance, not exceeding the sum of $15 in any case, shall be set aside by the county clerk, which shall be designated as the law library fund. Such sum, as fixed by the ordinance, may be allocated by the ordinance from the fees collected by the county clerk for 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, or from the fees collected by the county clerk for the appearance of any defendant, or any number of defendants, answering jointly or separately, or from both of such sources as may be determined by the ordinance.
2. All moneys so set aside shall be paid by the county clerk to the county treasurer, who shall keep the same separate and apart in the law library fund. Moneys in the law library fund shall be:
(a) Expended for the purchase of law books, journals, periodicals and other publications.
(b) Expended for the establishment and maintenance of the law library at the county seat.
(c) Drawn therefrom and used and applied only as provided in this chapter.
Sec. 2. NRS 380.130 is hereby amended to read as follows:
380.130 1. Whenever it shall appear to the board of county commissioners of any county having a law library that for any reason any debt incurred in the purchase and establishment of such library has not been fully paid or materially reduced with the funds provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding, the board of county commissioners may, at the next annual tax levy, levy a special tax upon all taxable property within the county, both real and personal, including the net proceeds of mines, sufficient to raise a sum which will discharge any such indebtedness, but no more.
κ1959 Statutes of Nevada, Page 265 (CHAPTER 224, AB 311)κ
edness, but no more. [2.] Such sum shall be placed in the law library fund in the county treasury and shall be used by the board of law library trustees for the payment of such indebtedness and for no other purpose.
2. In lieu of the levy of a special tax as provided in subsection 1, the board of county commissioners of any county having a law library may, in the discretion of such board of county commissioners, transfer from the general funds of the county to the law library fund a sufficient sum of money to pay any debts incurred in the purchase and establishment and maintenance of such library, which has not been fully paid or materially reduced with the funds provided by the provisions of NRS 380.110, within the period of 5 years immediately preceding March 1, 1959.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 325Mr. Ryan
CHAPTER 225
AN ACT to amend NRS section 361.340, relating to county boards of equalization, by providing that each incorporated city within the county shall have representation on such board.
[Approved March 20, 1959]
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 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] each 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.] to be appointed by the city council of such city. 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 majority of the members of the county board of equalization shall be sufficient to constitute a quorum, and a majority of the 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.
κ1959 Statutes of Nevada, Page 266 (CHAPTER 225, AB 325)κ
ness 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.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 330Committee on Social Welfare
CHAPTER 226
AN ACT to amend NRS section 426.115, relating to the aid to the blind medical and remedial care fund, by providing that there be deposited in such fund a portion of the moneys received from the Federal Government for aid to the blind and allocated by the state welfare board for providing medical care or any type of remedial care to recipients.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.115 is hereby amended to read as follows:
426.115 1. The aid to the blind medical and remedial care fund is hereby created in the state treasury. [Moneys made available to the state by the Federal Government and by the state for the purpose of providing medical care or any type of remedial care to recipients shall be deposited in the fund.] There shall be deposited in the fund:
(a) Moneys allocated by the state welfare board for the purpose of providing medical care or any type of remedial care to recipients from moneys made available to the state by the Federal Government for aid to the blind; and
(b) Moneys made available by the state for the purpose of providing medical care or any type of remedial care to recipients.
2. Except as otherwise provided in subsection 3, any moneys so made available by the state, by appropriation or otherwise, shall remain in the fund and shall not revert to the general fund.
3. If the fund is dissolved, the Federal Government shall be reimbursed for its proportionate share of contributions into the fund, and any moneys remaining thereafter shall revert to the general fund.
4. The board may designate that the fund may cover any one, several or all items of the medical care or any type of remedial care costs as deemed most advantageous for the best interests of the state.
5. The department may purchase necessary medical care or any other type of remedial care by contract or fee for service. Each vendor or group who has a contract with the department and is rendering medical care or any type of remedial care to recipients shall submit such charges for payment to the department, and payment shall be made as other claims against the state are paid.
________
κ1959 Statutes of Nevada, Page 267κ
Assembly Bill No. 331Committee on Social Welfare
CHAPTER 227
AN ACT to amend NRS section 427.120, relating to the county old-age assistance fund, by defining assistance to exclude funds necessary to pay for medical care or any type of remedial care; to amend NRS section 427.155, relating to the old-age assistance medical and remedial care fund, by authorizing the state welfare board to allocate moneys received from the Federal Government to the old-age medical and remedial care fund; and by providing other matters properly relating thereto.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 427.120 is hereby amended to read as follows:
427.120 1. As used in this section, assistance has the meaning prescribed in subsection 2 of NRS 427.020, but shall not include funds necessary to pay for medical care or any type of remedial care.
2. Each of the counties of this state shall provide necessary and ample funds with which to pay old-age assistance to the needy aged persons thereof, as provided for in this chapter, and for that purpose it is hereby made the mandatory duty of the board of county commissioners of each county of this state, and of all the other officers in this state having anything to do with the assessment of property for the purposes of taxation and with the collection of taxes, to levy, assess and collect an ad valorem tax on all the taxable property in their respective counties at a sufficient tax rate to provide ample money with which to pay all old-age assistance and expenses required to be paid by each county in complete compliance with the provisions of this chapter.
[2.] 3. The proceeds of such tax so collected in each county of this state shall be placed in a fund in the county treasury thereof and shall be designated the old-age assistance fund, out of which the county treasurer shall, for convenience and economy in administration and in auditing accounts, transmit to the state treasurer monthly or quarterly, at the time required by the rules and regulations of the state department, the full amount necessary to pay 33 1/3 percent of the nonfederal share of old-age assistance, after deducting federal matching funds, to be paid in that county pursuant to NRS 427.110, as certified to him by the county clerk of that county.
[3.] 4. The state treasurer shall place the same in a fund in the state treasury to be designated old-age assistance fund County, naming the particular county from which the particular money was so sent to him, and shall keep the money so sent him from each county in a separate account and fund for and as funds of that particular county, to be used for the purposes of this chapter in that county alone.
[4.] 5. The state treasurer shall:
(a) Receive and deposit such moneys and safely and faithfully keep, handle and disburse such moneys only for the purposes and in the manner provided in this chapter.
(b) Render a true account of all such moneys.
κ1959 Statutes of Nevada, Page 268 (CHAPTER 227, AB 331)κ
(c) With his surety on his official bond to the State of Nevada, be responsible for all such moneys to the same extent as is provided for in his official bond for other public moneys in his custody.
Sec. 2. NRS 427.155 is hereby amended to read as follows:
427.155 1. The old-age assistance medical and remedial care fund is hereby created in the state treasury. [Moneys made available to the state by the Federal Government and by the state for the purpose of providing medical care or any type of remedial care to recipients shall be deposited in the fund.] There shall be deposited in the fund:
(a) Moneys allocated by the state board for the purpose of providing medical care or any type of remedial care to recipients from moneys made available to the state by the Federal Government for assistance to recipients; and
(b) Moneys made available by the state for the purpose of providing medical care or any type of remedial care to recipients.
2. Except as otherwise provided in subsection 3, any moneys so made available by the state, by appropriation or otherwise, shall remain in the fund and shall not revert to the general fund.
3. If the fund is dissolved, the Federal Government shall be reimbursed for its proportionate share of contributions into the fund, and any moneys remaining thereafter shall revert to the general fund.
4. The state board may designate that the fund may cover any one, several or all items of the medical care or any type of remedial care costs as deemed most advantageous for the best interests of the state.
5. The state department may purchase necessary medical care or any other type of remedial care by contract or fee for service. Each vendor or group who has a contract with the state department and is rendering medical care or any type of remedial care to recipients shall submit such charges for payment to the state department, and payment shall be made as other claims against the state are paid.
________
Assembly Bill No. 350Committee on Roads and Transportation
CHAPTER 228
AN ACT to amend NRS section 704.270, relating to indemnity bonds of automobile and aircraft common carriers, by extending requirement to motor and aircraft common carriers; to amend NRS section 704.330, relating to certificates of public convenience and necessity of automobile common carriers, by applying such provision to motor common carriers; and to repeal NRS section 704.680 relating to powers of gas companies supplying illuminating gas to cities and towns.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.270 is hereby amended to read as follows:
704.270 The commission shall have power to require [automobile] motor and aircraft common carriers, subject to the provisions of this chapter, to file and keep in force with the commission adequate indemnity bonds or insurance, in such amounts as in the judgment of the commission are just and reasonable, for the protection and reimbursement of passengers and property in case of accident due to defective equipment or otherwise, by neglect of any [automobile] motor or aircraft common carrier, its owner, operator, agent or employee.
κ1959 Statutes of Nevada, Page 269 (CHAPTER 228, AB 350)κ
ment of passengers and property in case of accident due to defective equipment or otherwise, by neglect of any [automobile] motor or aircraft common carrier, its owner, operator, agent or employee.
Sec. 2. NRS 704.330 is hereby amended to read as follows:
704.330 1. Every public utility owning, controlling, operating or maintaining or having any contemplation of owning, controlling or operating any public utility shall, before beginning such operation or continuing operations or construction of any line, plant or system or any extension of a line, plant or system within this state, obtain from the commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction.
2. Except as to [automobile] motor common carriers, nothing herein shall be construed as requiring a public utility to secure such certificate for any extension within any town or city within which it shall theretofore have lawfully commenced operations or for an extension into territory either within or without the city or town contiguous to its railroad, line, plant or system, and not then served by a public utility of like character.
3. Upon the granting of any certificate of public convenience, the commission may make such order and prescribe such terms and conditions for the location of lines, plants or systems to be constructed, extended or affected as may be just and reasonable.
Sec. 3. NRS 704.680 is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 380Miss Herr
CHAPTER 229
AN ACT to amend NRS section 426.210, relating to the maximum value of real property which may be owned by a person entitled to receive aid to the blind, by removing the limits of value when such real property is occupied as a home and requiring utilization of other property in excess of a certain value to meet current needs; to amend NRS section 426.230, excepting personal effects from the definition of personal property, by excluding necessary means of transportation; to amend NRS section 426.270, which determines that proceeds of the conversion of real property into personal property to be real property, by adding that such will be the case if such proceeds are retained for the purpose of purchasing a home; to amend NRS section 426.410, relating to evidence of blindness as a prerequisite to granting aid to the blind, by deleting the provision which authorizes the state welfare department to require evidence of blindness from a physician skilled in neuropsychiatry; to repeal NRS section 426.220 relating to limitations of maximum value of personal property which may be owned by a person entitled to receive aid to the blind; and by providing other matters properly relating thereto.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 426.210 is hereby amended to read as follows:
426.210 [1. Any blind individual otherwise eligible who has real property the assessed value of which as assessed by the county assessor, less all encumbrances thereon, does not exceed $3,500, shall be entitled to receive aid to the blind.
κ1959 Statutes of Nevada, Page 270 (CHAPTER 229, AB 380)κ
less all encumbrances thereon, does not exceed $3,500, shall be entitled to receive aid to the blind. Any blind individual otherwise eligible who, together with his spouse, has combined community real property the assessed value of which as assessed by the county assessor, less all encumbrances thereon, does not exceed $5,000, shall be entitled to receive aid to the blind.
2. In computing value of property under this section, ownership of separate property by a spouse with whom the applicant or recipient is not living shall not preclude the applicant or recipient from receiving the aid provided in NRS 426.010 to 426.500, inclusive.]
1. Aid shall not be denied to, or on behalf of, any blind individual by reason of his ownership of real property occupied by such person as a home.
2. Any other real or personal property owned by a blind individual and not occupied by him as a home, the aggregate value of which exceeds $1,500, less all encumbrances thereon, shall be utilized to meet current needs.
Sec. 2. NRS 426.230 is hereby amended to read as follows:
426.230 For the purposes of NRS 426.010 to 426.500, inclusive, the term personal property shall not include personal effects of the applicant or recipient, or [means of] a vehicle of reasonable value, necessary for transportation. Personal effects shall include clothing, furniture, household equipment, foodstuffs, fuel, and personal jewelry.
Sec. 3. NRS 426.270 is hereby amended to read as follows:
426.270 Any proceeds from the conversion of real property into personal property received by an applicant or recipient of aid under NRS 426.010 to 426.500, inclusive, shall be considered real property for a period of 1 year from the time of their receipt [.] provided such proceeds are retained for the purpose of buying a home.
Sec. 4. NRS 426.410 is hereby amended to read as follows:
426.410 1. The state welfare department shall not grant any certificate of qualification for aid under the provisions of NRS 426.010 to 426.500, inclusive, until it has been satisfied that the applicant is entitled to such aid by such evidence as is acceptable to the department that he has the required residential qualifications; and by the evidence of a duly licensed and practicing physician skilled in the diseases of the eye [, or of a duly licensed and practicing physician skilled in neuropsychiatry,] or of a duly licensed and practicing optometrist that the applicant is blind.
2. Such physician [, neuropsychiatrist] or optometrist shall describe the condition of the applicants eyes and testify to the degree of his blindness.
3. The cost of such examination shall be paid entirely by the department in the same manner as other expenses of the department are paid.
4. The department shall make rules and regulations to prescribe the qualifications, number and geographical distribution of such physicians and optometrists as are necessary to carry out the eye examinations provided under NRS 426.010 to 426.500, inclusive.
Sec. 5. NRS 426.220 is hereby repealed.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 271κ
Assembly Bill No. 388Mr. Nevin
CHAPTER 230
AN ACT to amend an act 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 such officers, and repealing all acts and parts of acts in conflict herewith, approved March 12, 1957.
[Approved March 20, 1959]
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 75, Statutes of Nevada 1957, at page 107, is hereby amended to read as follows:
Section 2. The district attorney of Storey County, Nevada, shall receive a salary of [$4,800] $5,700 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] $425 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] $15 per day, but not to exceed [$350] $425 per month for services performed in any one month by such secretary.
Sec. 2. Section 3 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, at page 107, is hereby amended to read as follows:
Section 3. The sheriff, for services as such and as ex officio assessor, shall receive [$4,800] $5,700 per annum. He shall be allowed to appoint one deputy who shall receive a salary of [$350] $425 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] $15 per day, but not to exceed [$350] $425 per month for services performed in any one month by such deputy.
Sec. 3. Section 4 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, at page 107, is hereby amended to read as follows:
Section 4. The county recorder, for services as such and as ex officio auditor, shall receive a salary of [$4,800] $5,700 per annum. He shall be allowed to appoint one deputy at a salary not to exceed [$350] $425 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] $15 per day, but not to exceed [$350] $425 per month for services performed in any one month by such deputy.
κ1959 Statutes of Nevada, Page 272 (CHAPTER 230, AB 388)κ
[$350] $425 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. 4. Section 5 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, at page 108, is hereby amended to read as follows:
Section 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] $5,700 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] $425 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] $15 per day, but not to exceed [$350] $425 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. 5. Section 6 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, at page 108, is hereby amended to read as follows:
Section 6. The county commissioners of Storey County, Nevada, shall each receive the sum of [$1,200] $1,500 per annum, which shall be in full compensation for all services whatsoever required of such commissioners.
Sec. 6. Section 10 of the above-entitled act, being chapter 75, Statutes of Nevada 1957, at page 108, is hereby amended to read as follows:
Section 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] $2.00 for each hour of service rendered to the county of Storey.
Sec. 7. This act shall become effective on the first day of the first month following its passage and approval.
________
κ1959 Statutes of Nevada, Page 273κ
Assembly Bill No. 382Messrs. Christensen (Washoe) and Jepson
CHAPTER 231
AN ACT relating to the city of Sparks, Nevada; authorizing and providing for financing improvements, extensions and betterments to the municipal sewer system by bond issues; determining the conditions under which such bonds may be issued; providing for the payment thereof and interest thereon by the levy and collection of general taxes or by rates and charges in connection with the system, or by both; and prescribing other details in connection therewith.
[Approved March 20, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The city council of the city of Sparks, in the county of Washoe and State of Nevada, in addition to the powers elsewhere conferred upon such city council, is hereby authorized and empowered to improve, extend and better the municipal sewer system to consist of a sewage collection system and a sewage disposal plant, and to defray wholly or in part the cost thereof by the issuance of the citys negotiable coupon bonds in the aggregate principal amount of not exceeding $275,000, or such lesser amount as may be necessary, which bonds may consist of one or more of the following types of municipal obligations:
(a) General obligation bonds;
(b) General obligation bonds, the payment of which is additionally secured by a pledge of all or a part of the revenues derived from the operation of the municipal sewer system, and, if so determined by the city council of the city of Sparks, further secured by a pledge of such other funds as may be legally made available for their payment; and
(c) Revenue bonds payable solely from the revenues to be derived from the operation of the municipal sewer system.
Sec. 2. The city council is hereby authorized and empowered to submit a question or questions of issuing any of the bonds to the electors qualified to vote thereon, at any special, regular municipal, primary or general election, held in accordance with NRS 350.010 to 350.070, both inclusive, all laws amendatory thereof, and the laws of the State of Nevada relating to elections insofar as the same can be made applicable. If a majority of both the white and colored ballots cast on the question so submitted are in favor of the issuance of the bonds, the proposal to issue them shall have carried, and the city council may thereafter proceed to issue the bonds in accordance with the provisions of this act and as authorized in such question. If a majority of either or both colors of ballots cast on the question so submitted is against the issuance of the bonds, then such proposal shall have failed, and the board shall be without power to issue the bonds. 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 called for that purpose.
Sec. 3. Each series of bonds shall be authorized by ordinance. The bonds shall be of convenient denominations, shall be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest, shall be issued in one or more series, shall mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the city council, without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds, 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 or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year.
κ1959 Statutes of Nevada, Page 274 (CHAPTER 231, AB 382)κ
form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest, shall be issued in one or more series, shall mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the city council, without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds, 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 or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year. 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 city council; and the ordinance authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such order, and upon the payment of such premium, if any, as the city council may determine and state therein. The bonds, unless they be registered for payment as to principal and interest, shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the mayor of the city, and countersigned by the city treasurer; and the bonds shall also be signed and attested by the city clerk with the official seal of the city affixed thereto. Facsimile signatures of the mayor and city treasurer may be used on the coupons. The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the ordinance, subject, however, to the following limitations and restrictions:
(a) General obligation bonds, regardless of whether they be additionally secured by any pledge of revenues, shall mature in not to exceed 30 years from the date thereof;
(b) Revenue bonds shall mature in not to exceed 40 years from the date thereof;
(c) The total amount of bonds of all types issued pursuant to the provisions of this act shall not exceed $275,000, but nothing in this act contained shall be construed as prohibiting the issuance of bonds in a lesser amount or amounts for the purposes herein authorized; and
(d) The bonds proposed to be issued pursuant to the provisions of this act may be delivered at one time or from time to time, provided that no such bonds shall be delivered after the expiration of 3 years from the effective date of this act.
Sec. 4. The city council is hereby authorized to sell such bonds at one time, or from time to time, as the city council may determine, at public sale in accordance with NRS 350.120 to 350.160, both inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery. 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 and other expert services in connection with the improvement, extension and betterment of the sewer system and in connection with the authorization, issuance and sale of the bonds.
κ1959 Statutes of Nevada, Page 275 (CHAPTER 231, AB 382)κ
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 and other expert services in connection with the improvement, extension and betterment of the sewer system and in connection with the authorization, issuance and sale of the 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 city, including the net proceeds of mines. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution for the State of Nevada, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the city, and without regard to any statutory or charter limitations now or hereafter existing. It shall be the duty of the city council, 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 of probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due. In any year in which the total taxes levied against the property in the city 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 reductions 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 for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10.
Sec. 6. The general obligation bonds authorized to be issued pursuant to the provisions of this act may be additionally secured by a pledge of all or a part of the revenues derived from the operation of the municipal sewer system, and, upon a determination by the city council of the city of Sparks that further security is required in order to render the bonds marketable, the bonds may be further secured by a pledge of such other funds or revenues of the city as may legally be made available for the payment of such general obligation bonds.
Sec. 7. The revenue bonds authorized to be issued pursuant to the provisions of this act shall be payable solely from the net revenues to be derived from the operation of the municipal sewer system, and shall be secured by a pledge of all or a specified part of the net revenues. Each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenues pledged to the payment thereof and does not constitute a debt of the city of Sparks within the meaning of any constitutional, statutory or charter limitations.
Sec. 8. In order to insure the payment of the revenue bonds of the city of Sparks or of the general obligation bonds of the city of Sparks, the payment of which is additionally secured by a pledge of the revenues of the municipal sewer system, the city council of the city of Sparks shall establish and maintain, and from time to time may revise, a schedule or schedules of fees, rates and charges for services rendered by or through the municipal sewer system, both within and without the corporate limits of the city of Sparks, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the city council of the city of Sparks authorizing the issuance of any of the bonds, including any covenant for the establishment of reasonable reserve funds.
κ1959 Statutes of Nevada, Page 276 (CHAPTER 231, AB 382)κ
of the revenues of the municipal sewer system, the city council of the city of Sparks shall establish and maintain, and from time to time may revise, a schedule or schedules of fees, rates and charges for services rendered by or through the municipal sewer system, both within and without the corporate limits of the city of Sparks, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the city council of the city of Sparks authorizing the issuance of any of the bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 9. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance. Such ordinance or ordinances may also contain such other covenants and provisions for the protection of the bondholders as are deemed proper and appropriate by the city council, including but not necessarily limited to any of the covenants set forth in NRS 350.420.
Sec. 10. 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 part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 11. 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 the State of Nevada or any subdivision thereof.
Sec. 12. 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. 13. This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect is purpose.
Sec. 14. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 15. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 277κ
Assembly Bill No. 206Mr. Humphrey (Washoe)
CHAPTER 232
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10.60 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, at page 414, is hereby amended to read as follows:
Section 10.60. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of two-thirds of all members elected to the city council. The cost and expenses of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, making the assessments, together with newspaper publications and cost of construction, and all incidental costs. 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 of the value of such lot or premises, which would otherwise be chargeable upon the lot or premises, shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing work whenever they see fit, provided the contract shall not be made or awarded before the time herein stated.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 278κ
Assembly Bill No. 91Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe), and Pozzi (by request of the Legislative Commission)
CHAPTER 233
AN ACT to amend NRS section 331.120, relating to the assignment of office space by the superintendent of the state department of buildings and grounds, by providing that the superintendent may, with the approval of the governor, provide and maintain office space for the governor-elect, and expend funds for incidental expenses connected therewith; and by providing that the superintendent may provide permanent space for the use of accredited members of the press and for the installation of communication equipment.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.120 is hereby amended to read as follows:
331.120 1. The superintendent shall assign the rooms in the Capitol Building, and rooms elsewhere used by the state, and shall determine the occupancy thereof in such manner as the public service may require. [; provided:
1. That the] 2. The executive and administrative officers, departments, boards, commissions and agencies of the state shall be provided with suitable quarters which shall, so far as is expedient, be in Carson City.
3. The superintendent may:
(a) Provide, with the approval of the governor, suitable office space for the use of the governor-elect, and expend funds for incidental expenses connected therewith.
(b) Provide suitable space in the Capitol Building for the permanent use of accredited members of the press and for the installation of communication equipment.
[2. That this] 4. This section shall not apply to the legislative chambers while the legislature is in session, to rooms needed or used by either branch of the legislature while in session, or to any rooms needed or used by any committees or officers thereof.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 279κ
Assembly Bill No. 279Committee on State Libraries
CHAPTER 234
AN ACT to amend NRS section 379.060, relating to the extension of county library service, by requiring library trustees to enter into contracts concerning library services under certain conditions; by allowing library trustees to contract with board of county commissioners of another county relative to any phase of library service; by deleting certain provisions relating to powers of tax-levying bodies to levy taxes to cover costs of library service; and by providing other matters properly relating thereto.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 379.060 is hereby amended to read as follows:
379.060 1. The library trustees of any county free library shall [have power to] cooperate with and enter into contracts with the board of county commissioners of any other county, or with any city or town in any other county, or with any school district, when necessary to secure to the residents of such other county, or to the residents of such city or town in such other county, or to the pupils of the school district, the same privileges of the county free library as are granted to or enjoyed by the residents of the county having a county free library, or such privileges as may be agreed upon in the contract. The consideration agreed upon shall be specified in the contract, and the same shall be paid into the public library fund of the county library providing the service.
2. Any contracting county, city, town or school district may terminate any such contract which may be entered into upon such terms as may be agreed upon by the parties thereto.
3. Any county, city or town wherein a library has been established [shall have power to] may cooperate with and contract with the library trustees of any county free library to obtain for the residents of such county, city or town an increase in library services or such privileges as may be agreed upon. [in the contract.]
4. The library trustees of any county free library may cooperate with and contract with the board of county commissioners of any other county, relative to any phase of library service.
5. Any county, city or town contracting for such library service may at any time establish a library for the use of its inhabitants, whereupon its contract for such service may be continued or terminated on such terms as may be agreed upon by the parties thereto.
[5.] 6. The tax-levying body of any county, city or town contracting to receive such library services is authorized to budget for and levy a tax in an amount not to exceed 10 cents per $100 of assessed valuation [or $2 per capita population, whichever amount is the greater,] to meet the terms of the contract. The board of trustees of a school district [is authorized to] may budget [for not more than $5 for each teacher to which the school district is entitled] to meet the terms of the contract.
[6.] 7. The library trustees of the county free library providing such services [shall have power to] may expend any amounts received in consideration of any such contract in addition to the amount budgeted for the county free library.
κ1959 Statutes of Nevada, Page 280 (CHAPTER 234, AB 279)κ
in consideration of any such contract in addition to the amount budgeted for the county free library.
[7.] 8. Any law which [may conflict] conflicts with the financial provisions of this section shall not apply to any contract entered into under the provisions of this section.
________
Assembly Bill No. 280Committee on State Libraries
CHAPTER 235
AN ACT to amend chapter 379 of NRS, relating to county, city and town free public libraries, by providing for regional libraries and regional library boards; defining a term; and by providing other matters properly relating thereto.
[Approved March 23, 1959]
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 the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. As used in sections 2 to 6, inclusive, of this act, political subdivision means county, city, town, or county library district.
Sec. 3. 1. Any two or more political subdivisions may join in establishing and maintaining a regional library through a written joint agreement of their governing bodies.
2. The agreement shall provide for the fair apportionment of expenses and that the treasurer or other fiscal officer of one of the participating political subdivisions shall be selected as treasurer of the regional library and shall have custody of the funds of the regional library.
Sec. 4. The treasurer or other fiscal officer of the other participating political subdivisions shall transfer to the treasurer of the regional library all moneys collected for public library purposes in their respective political subdivisions.
Sec. 5. If one of the participating political subdivisions withdraws from the agreement, it is entitled to a division of the property of the regional library on the basis of its contribution.
Sec. 6. 1. Each regional library shall be governed by a regional library board appointed in accordance with a method jointly agreed upon by the governing bodies of the participating political subdivisions, for a term of not more than 4 years.
2. The regional library board shall consist of not less than 5 nor more than 11 members.
________
κ1959 Statutes of Nevada, Page 281κ
Assembly Bill No. 284Messrs. Harmon, Swanson, Schouweiler, Bay, Dyer, Ryan, Gibson, Bunker, Seifers, Collins, Leavitt, Ramsey, Pasquale and Waters
CHAPTER 236
AN ACT to amend NRS section 387.125, relating to the apportionment of the state distributive school fund, by increasing the amount payable for handicapped children.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.125 is hereby amended to read as follows:
387.125 1. The state board of education shall establish uniform rules to be used in calculating the average daily attendance of pupils and the actual number of certified employees to which each school district is entitled for apportionment purposes. For making the apportionments now or hereafter authorized and directed to be made under the provisions of this Title of NRS, average daily attendance shall mean the 6 months of highest average daily attendance for the current school year.
2. Immediately after the state controller shall have made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts and joint school districts in the following manner:
(a) The minimum yearly requirements of each school district shall be determined, which requirements shall be the sum of:
(1) $4,000 per certified employee.
(2) $80 per pupil.
(3) $40 per kindergarten pupil.
(4) One half for the cost of transportation during the previous year computed in a manner prescribed by the state board of education. For the first year, one-half of the actual expenses during the preceding year shall be used, but if there was no actual expense for the prior year the budget estimate shall be used and adjustments made.
(5) [$200] $500 per handicapped child as defined in NRS 388.440.
(b) The availability of local funds shall be determined, which local funds shall be the sum of the proceeds of the 70-cent local tax levied in accordance with the provisions of NRS 387.195 or 387.250 and computed as provided in NRS 387.200 or 387.255, which local funds shall be the sum of:
(1) The proceeds of the 70-cent local tax, computed as provided in NRS 387.200 or 387.255; and
(2) That proportion of all moneys received by the school district under the provisions of Public Law 874, 81st Congress, approved September 30, 1950, as amended, during the previous year which the assessed valuation of taxable property per student in the school district bears to the average assessed valuation of taxable property per student in the state, as follows:
Percent Percent
90 to 100 of the state average per student assessed valuation......................... 35
80 to 90 of the state average per student assessed valuation........................... 30
κ1959 Statutes of Nevada, Page 282 (CHAPTER 236, AB 284)κ
Percent Percent
70 to 80 of the state average per student assessed valuation........................... 25
60 to 70 of the state average per student assessed valuation........................... 20
50 to 60 of the state average per student assessed valuation........................... 15
40 to 50 of the state average per student assessed valuation........................... 10
30 to 40 of the state average per student assessed valuation............................. 5
20 to 30 of the state average per student assessed valuation............................. 0
(c) Apportionment computed on a yearly basis shall consist of the difference between the minimum yearly requirements as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection, but no school district shall receive less than one-half of the minimum yearly requirements.
(d) Apportionments shall be paid quarterly at the times provided in NRS 387.120, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of certified employees and pupils and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final adjustment shall be made in the August apportionment of the succeeding year by adding or substracting the difference between the amount paid in the previous year and the amount computed on the actual average daily attendance of the highest 6 months of the previous year, so that for any school year the adjusted amount paid shall be equal to, but shall not exceed, the sum computed for the highest 6 months of average daily attendance.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
________
Senate Bill No. 100Senator Whitacre
CHAPTER 237
AN ACT to amend NRS section 361.055, relating to exemption of state lands and property from taxation, by excepting certain taxable real property acquired by the state board of fish and game commissioners from such exemption; and by providing for payments by the state board of fish and game commissioners in lieu of taxes and the collection and disposition of such moneys.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.055 is hereby amended to read as follows:
361.055 1. All land and other property owned by the state [shall be] are exempt from taxation [.] , except real property acquired by the state board of fish and game commissioners pursuant to NRS 501.225 which is or was subject to taxation under the provisions of this chapter at the time of acquisition.
κ1959 Statutes of Nevada, Page 283 (CHAPTER 237, SB 100)κ
2. In lieu of payment of taxes on each parcel of real property subject to assessment and taxation pursuant to subsection 1, the state board of fish and game commissioners shall make annual payment to the county tax receiver of the county wherein each such parcel of real property is located of an amount of equal to the total taxes levied and assessed against each such parcel of real property in the year in which title to the same was acquired by the state board of fish and game commissioners.
3. Such payments in lieu of taxes shall be collected and accounted for in the same manner as taxes levied and assessed against real property pursuant to this chapter are collected and accounted for.
4. Moneys received pursuant to this section shall be apportioned each year to the counties, school districts and cities wherein each such parcel of real property is located in the proportion that the tax rate of each such political subdivision bears to the total combined tax rate in effect for such year.
________
Senate Bill No. 142Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 238
AN ACT to amend NRS section 266.735, relating to special assessments levied by cities or towns, by deleting provision relating to liens of special assessments; to amend chapter 268 of NRS, relating to powers and duties common to cities and towns incorporated under general or special laws, by creating a new provision providing for creation and priority of liens of special assessments levied by cities or towns, whether incorporated under general law or special charter.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.735 is hereby amended to read as follows:
266.735 [All special assessments shall, from the date of the approval thereof, constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes. Any such assessment lien on any lot or parcel of land is prior and superior to any assessment lien thereon subsequently levied.] Upon the approval of any assessment, the amount thereof may be divided into not more than four installments to be collected quarter-yearly, or one of such installments may be collected each year, at such time as the council may determine, with annual interest at a rate not exceeding 7 percent.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All special assessments shall, from the date of the approval thereof, constitute a lien upon the respective lots or parcels of land assessed coequal with the lien of general taxes, not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.
κ1959 Statutes of Nevada, Page 284 (CHAPTER 238, SB 142)κ
by the sale of any property on account of the nonpayment of general taxes, and prior and superior to all liens, claims, encumbrances and titles other than liens of general taxes.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 144Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 239
AN ACT to repeal NRS section 442.090 relating to district court clerks reports to district attorneys concerning birth reports which fail to show instillation of eye solution.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 442.090 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 173Committee on Education and State University
CHAPTER 240
AN ACT to amend NRS section 396.260, relating to the employment by the board of regents of the University of Nevada of alien exchange teachers, and by clarifying the language thereof; to repeal NRS section 396.250 relating to citizenship requirements of teaching personnel at the University of Nevada.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.260 is hereby amended to read as follows:
396.260 [Nothing in NRS 396.250 or in any other law shall be construed to prohibit the employment, by] Notwithstanding the provisions of any other law, the board of regents of the University of Nevada [, of] may employ any teacher, instructor or professor authorized to teach in the United States under the teacher exchange programs authorized by laws of the Congress of the United States.
Sec. 2. NRS 396.250 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 285κ
Senate Bill No. 175Committee on Education and State University
CHAPTER 241
AN ACT to amend NRS section 396.540, relating to tuition charge for students at the University of Nevada, by allowing the board of regents of the University of Nevada to grant tuition free to students from other states and countries in a number not to exceed 3 percent of the enrollment at the last preceding fall semester.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.540 is hereby amended to read as follows:
396.540 1. The board of regents of the University of Nevada [shall have the power to] may fix a tuition charge for students at the University [,] and at Nevada Southern, but tuition shall be free to:
(a) All students whose families are bona fide residents of the State of Nevada; and
(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 6 months prior to their matriculation at the university.
2. In its discretion, the board of regents [shall have the power to] may grant [not to exceed 40] tuitions free each university semester to worthwhile and deserving students from other states [.] and foreign countries, in number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 182Committee on Education and State University
CHAPTER 242
AN ACT to amend chapter 396 of NRS, relating to the University of Nevada, by creating new provisions authorizing the establishment of the desert research institute as a division of the University of Nevada; providing for the administration thereof by the board of regents of the University of Nevada and prescribing the powers and duties of such board in connection therewith; providing for the establishment of personnel and fiscal policies with respect to certain aspects of the operations of such institute, and exempting the same from operation of certain statutes relating to public officers and employees and public financial administration; and by providing other matters properly relating thereto.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. To contribute more effectively to the security of the nation and to promote the general welfare of the State of Nevada and its citizens through the development of educational and scientific research, the board of regents of the University of Nevada is authorized to establish an educational and scientific research division of the university, to be known as the desert research institute.
κ1959 Statutes of Nevada, Page 286 (CHAPTER 242, SB 182)κ
citizens through the development of educational and scientific research, the board of regents of the University of Nevada is authorized to establish an educational and scientific research division of the university, to be known as the desert research institute.
Sec. 3. The primary purposes of the institute shall be:
1. To foster and to conduct fundamental scientific, economic, social or educational investigations, and applied research for industry, governmental or private agencies, or individuals;
2. To encourage and foster a desire for research on the part of students and faculty;
3. To discover and develop research talent;
4. To acquire and disseminate knowledge related to the projects undertaken; and
5. In general, to promote all research objectives of the University of Nevada.
Sec. 4. To further the development of the research activities of the university the board of regents of the University of Nevada, on behalf of the desert research institute, is empowered:
1. To enter into contracts with governmental or private agencies or individuals who wish to use the services or facilities of the desert research institute.
2. To receive and hold, by gift, bequest, devise, grant, purchase or otherwise, any real personal property, including patents, copyrights, royalties and contracts from individuals or corporations.
3. To manage, invest, use and dispose of any property so received, either as specified by the donor or for the furtherance of the objectives of the desert research institute.
4. To receive, invest, disburse and account for all funds acquired pursuant to subsection 2 or through contractual or sponsored arrangements with governmental or private agencies or individuals, subject only to annual audit by the legislative auditor.
Sec. 5. 1. The board of regents may devise and establish personnel policies and procedures in connection with the operation of contractual or sponsored research activities of the institute, separate and apart from those personnel policies and procedures established for the professional personnel of other colleges and divisions of the university.
2. In devising and establishing such personnel policies and procedures, the board of regents shall not be bound by any of the other provisions of this chapter or the provisions of Title 23 of NRS, and none of the other provisions of this chapter or the provisions of Title 23 of NRS shall be applicable to any person employed in connection with the operation of contractual or sponsored research activities of the institute except as may be prescribed by the board of regents.
Sec. 6. Any moneys received by the board of regents in behalf of the desert research institute pursuant to section 4, may be deposited by the board of regents to the credit of the desert research institute in any state or national bank or banks in the State of Nevada. Such deposits may be either time deposits or on open account subject to check without notice. The board of regents may act through any authorized agent or agents in depositing or withdrawing any moneys in such accounts.
κ1959 Statutes of Nevada, Page 287 (CHAPTER 242, SB 182)κ
Sec. 7. 1. The board of regents shall devise and establish fiscal policies and procedures in connection with the operation of contractual or sponsored research activities of the institute, separate and apart from those fiscal policies and procedures applicable to other colleges and divisions of the university.
2. None of the other provisions of this chapter or the provisions of Titles 23 or 31 of NRS or any other statute relating to public officers and employees or public financial administration shall apply to the receipt, investment, management, disbursement, use, expenditure or accounting for any moneys or property received by the board of regents pursuant to section 4, except as provided in subsection 4 of section 4.
3. Any funds received by or made available to the board of regents for the desert research institute by the State of Nevada, whether pursuant to direct legislative appropriation or otherwise, shall be subject to all laws relating to public funds and expenditures.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 205Senators Brown, Gallagher, Seevers, and Whitacre (By request of the Statute Revision Commission)
CHAPTER 243
AN ACT to amend NRS section 483.460, relating to mandatory revocation of motor vehicle operators and chauffeurs licenses by the department of motor vehicles, by providing for mandatory revocation of such licenses upon a second conviction of violating the provisions of NRS section 484.050 relating to driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.460 is hereby amended to read as follows:
483.460 The department shall forthwith revoke the license of any operator or chauffeur upon receiving a record of such operators or chauffeurs conviction of any of the following offenses, when such conviction has become final:
1. Manslaughter resulting from the operation of a motor vehicle.
2. [Driving] A second conviction of driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug; but the revocation provided for in this subsection shall in no event exceed the time fixed as provided in subsection 3 of NRS 484.050.
3. Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.
4. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another.
5. Perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of motor vehicles.
κ1959 Statutes of Nevada, Page 288 (CHAPTER 243, SB 205)κ
6. Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 264Washoe County Delegation
CHAPTER 244
AN ACT to amend an act entitled An Act to incorporate the town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved March 23, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of Article IV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 287, Statutes of Nevada 1957, at page 391, is hereby amended to read as follows:
Section 1. There shall be a city clerk, who shall be [appointment by the mayor, whose appointment shall be subject to confirmation by the city council as provided in section 5 of Article III. Any person elected to the office of city clerk before the effective date of this amendatory act shall continue to hold such office until the expiration of the term for which he may have been elected.] elected by the qualified electors of the city at each general city election, and he shall hold office for the term of 4 years and until his successor has been duly elected and qualified. No person shall be eligible for said office who shall not be a bona fide resident of the city for a period of at least [one] 1 year next preceding his [appointment,] election, and who is not a citizen of the state, and of the age of at least [twenty-one] 21 years, and a taxpayer and elector in said city.
Sec. 2. Section 5 of Article IV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 287, Statutes of Nevada 1957, at page 391, is hereby amended to read as follows:
Section 5. The city clerk [elected to the office of city clerk before the effective date of this amendatory act] shall receive an annual salary of $7,800, payable in 12 equal monthly installments. [After the expiration of the term of office of the incumbent elected city clerk, his successor and successors in office, appointed pursuant to the provisions of section 1 of Article IV, shall receive such compensation as may be fixed by the city council by formal resolution or ordinance from time to time.]
Sec. 3. Section 6 of Article IV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, at page 104, is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 289κ
Senate Bill No. 36Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 245
AN ACT to amend NRS section 244.090, relating to special meetings of boards of county commissioners, by providing that special meetings may be called by the chairman or upon the written request of a majority of the board; providing for written notice and the contents thereof; and providing other matters properly relating thereto.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.090 is hereby amended to read as follows:
244.090 1. Except as provided in subsections [2 and 3,] 4 and 5, special meetings may be [held at the county seat for the transaction of business pertaining to the county whenever the meeting shall be authorized by the board by resolution duly adopted and entered upon its minutes at a regular meeting.] called by the chairman whenever there is sufficient business to come before the board, or upon the written request of a majority of the board.
2. The clerk of the board shall give written notice of each special meeting to each member of the board by personal delivery of the notice of the special meeting to each member at least 1 day before the meeting or by mailing the notice to each members place of residence in the county by deposit in the United States mails, postage prepaid, at least 4 days before the meeting.
3. The notice shall specify the time, place and purpose of the meeting. If all of the members of the board are present at a special meeting, lack of notice shall not invalidate the proceedings.
[2.] 4. When there [shall be] is in any county, township or precinct office no officer duly authorized to execute the duties thereof, and it is necessary that a temporary appointment be made to fill such office, as otherwise provided by law, the board of county commissioners [shall be] is authorized and empowered to, and the board shall forthwith, hold a special meeting for such purpose. The meeting may be held by unanimous consent of the board, or, if for any cause such consent cannot be obtained, then the chairman or any other member of the board having knowledge of such necessity shall forthwith call such special meeting and notify the other members thereof. The meeting shall be held as soon as practicable, but not less than 3 days, except by unanimous consent, after actual notice to all members of the board, whereupon a majority thereof shall proceed to act upon such appointment as provided by law.
[3.] 5. The board shall also meet as provided in chapter 296 of NRS after each general election to canvass election returns.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 290κ
Senate Bill No. 102Senator Dial
CHAPTER 246
AN ACT to repeal NRS sections 381.200 to 381.250, inclusive, relating to the exploration, investigation and excavation of prehistoric ruins, archaeological and speleological sites, conditions for issuing permits, acts of vandalism and penalties; to amend chapter 381 of NRS by creating new provisions relating to the preservation of prehistoric and historic antiquities, the issuance of permits, the definition of certain words and terms, penalties for violation of the provisions of this act, the disposition of materials obtained by permit holders and the enforcement of the provisions of this act; to amend chapter 206 of NRS, relating to acts of malicious mischief, by creating a new provision relating to the preservation of petrified wood, providing penalties; and providing other matters properly relating thereto.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 381.200 to 381.250, inclusive, are hereby repealed.
Sec. 2. Chapter 381 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 19, inclusive, of this act.
Sec. 3. As used in sections 3 to 19, inclusive, of this act:
1. Board means the board of directors of the Nevada state museum.
2. Historic means after the advent of the white man to Nevada.
3. Historic site means a site, landmark or monument of historical significance pertaining to the white mans history of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.
4. Person means any individual, partnership, society, institute, corporation or agents thereof.
5. Prehistoric means before the advent of the white man to Nevada.
6. Prehistoric site means an archaeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves and burials.
Sec. 4. No person shall investigate, explore or excavate an historic or prehistoric site on federal or state lands or remove any object therefrom unless he is the holder of a valid and current permit issued pursuant to the provisions of sections 3 to 19, inclusive, of this act.
Sec. 5. 1. An applicant shall be required to secure, from the board, or an agent designated by the board, a permit for the investigation, exploration or excavation of any state or federal land within the boundaries of the State of Nevada.
2. If the land to be investigated, explored or excavated is owned or held by the United States, the applicant shall also be required to secure a permit from the proper authorities in accordance with the provisions of 16 U. S. C. A. §§ 431 to 433, inclusive.
Sec. 6 The board may designate any state board, state department or state institution as an agent for the purpose of issuing permits.
Sec. 7. 1. In order to qualify as the recipient of a permit, the applicant must show:
κ1959 Statutes of Nevada, Page 291 (CHAPTER 246, SB 102)κ
(a) That the investigation, exploration or excavation is undertaken for the benefit of a reputable museum, university, college or other recognized scientific or educational institution, with a view of increasing knowledge.
(b) That the gathering shall be made for permanent preservation in public museums or other recognized educational or scientific institutions.
(c) That the applicant is possessed of sufficient knowledge and scientific training to make such an investigation, exploration or excavation.
(d) The location of the site where the applicant proposes to investigate, explore or excavate.
2. The board may prescribe reasonable rules and regulations for carrying out such investigations, explorations or excavations.
Sec. 8. Upon granting the permit, the board shall immediately notify the chairman of the state park commission, the sheriff in the county in which the permit is to be exercised, and personnel of the Nevada highway patrol controlling the state roads of the district embracing the site in which the permit is to be exercised.
Sec. 9. It is unlawful for any person or persons to commit vandalism upon any historic or prehistoric sites, natural monuments, speleological sites and objects of antiquity, or to write or paint or carve initials or words, or in any other way deface, any of such objects, Indian paintings or historic buildings.
Sec. 10. A permit holder may collect specimens of petrified wood, subject to the limitations of section 20 of this act.
Sec. 11. After the close of each seasons work, within a reasonable time designated in the permit, every permit holder shall furnish to the board a report containing a detailed account of the work done, material collected and other pertinent data.
Sec. 12. The state park commission, and personnel thereof, the sheriffs in their respective counties, the Nevada highway patrol, and all other peace officers shall be charged with the enforcement of sections 3 to 19, inclusive, of this act. Those people charged with the enforcement of sections 3 to 19, inclusive, of this act may, at any time, examine the permit of any person claiming privileges granted under this act, and may fully examine all work done under the permit.
Sec. 13. 1. A permit holder, except as provided in subsections 2 and 3, who does work upon aboriginal mounds and earthworks, ancient burial grounds, prehistoric sites, fossil bone deposits or other archaeological and vertebrate paleontological features within the state shall give to the state 50 percent of all articles, implements and materials found or discovered, to be deposited with the state museum, for exhibition in a public museum or educational institution within the state to be selected by the board. The board may, in its discretion, accept less than 50 percent of such items.
2. A permit holder who does any such work within the state under the authority and direction of the Nevada historical society, a state institution or a political subdivision of the state, shall give 50 percent of all articles, implements and materials found or discovered to such society, institution or political subdivision. The permit holder may retain the other 50 percent.
κ1959 Statutes of Nevada, Page 292 (CHAPTER 246, SB 102)κ
3. If the Nevada historical society, a state institution or a political subdivision is the permit holder, such society, institution or political subdivision may retain all articles, implements and materials found or discovered.
Sec. 14. The board may limit a permit as to time and location. No permit shall be granted:
1. For a period of more than 1 year.
2. For investigation, exploration or excavation in a larger area than the applicant can reasonably be expected to explore fully and systematically within the time limit set in the permit.
3. For the removal of any ancient monument, structure or site which can be permanently preserved under the control of the State of Nevada in situ, and remain an object of interest, if desired by the state, for a park, landmark or monument for the benefit of the public.
Sec. 15. A permit may be renewed for an additional period of time upon application by the permit holder, if the work contemplated by the permit has been diligently prosecuted.
Sec. 16. Failure to begin work under a permit within 6 months after the effective date of the permit, or failure to prosecute diligently such work after it is begun, shall render the permit void without any order from the board.
Sec. 17. Any object of antiquity taken, or collection made, on historic or prehistoric sites covered by sections 3 to 19, inclusive, of this act, without a permit shall be seized by the proper law enforcement officers, who shall notify the board of the action. The object or collection so taken shall be forfeited to the state at the Nevada state museum, and shall be deposited by the board in a public museum or educational institution within the state.
Sec. 18. Nothing contained in sections 3 to 19, inclusive, of this act shall interfere with or prevent any person from collecting minerals, rock or gems, arrowheads or other Indian artifacts so long as they are not part of a prehistoric site, nor prevent the photographing of objects of interest.
Sec. 19. Any person violating any of the provisions of sections 3 to 19, inclusive, of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $500, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.
Sec. 20. Chapter 206 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board shall have the power and authority, by itself or by its designated representative, to post or otherwise properly designate a petrified wood site deemed of sufficient importance to preserve in its natural state.
2. It shall be unlawful to disturb or remove from such site any petrified wood.
3. Any violation of this section is a misdemeanor.
4. The state park commission, and personnel thereof, the sheriffs, in their respective counties, and all other peace officers shall be charged with the enforcement of this section.
Sec. 21. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 293κ
Senate Bill No. 140Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 247
AN ACT to amend NRS section 205.280, relating to receiving or buying stolen goods, chattels, choses in action or other valuable thing and to when such act constitutes a gross misdemeanor, by clarifying the section and providing that receiving or buying any such property which has been wrongfully taken in any manner shall constitute a gross misdemeanor; to amend NRS sections 195.030 and 195.040, relating to accessories to felonies, by incorporating provisions relating to accessories to gross misdemeanors; providing penalties; and providing other matters properly relating thereto.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.280 is hereby amended to read as follows:
205.280 [Any person who shall receive or buy any goods or chattels or choses in action, or other valuable thing whatsoever, that shall have been stolen from any other person or taken from him by robbery, otherwise unlawfully or fraudulently obtained, or converted in any manner contrary to any of the provisions of NRS 205.275, whether such stealing or robbery shall have been committed either in the State of Nevada or in some other jurisdiction, and whether such goods, chattels, choses in action, or other valuable thing shall be received or bought from the thief, robber or person so obtaining, taking or converting them, or from any other person, or shall receive, harbor or conceal any thief or robber knowing him to be so, shall be guilty of a gross misdemeanor; and if such person is shown to have or to have had possession of such goods, chattels, choses in action, or other valuable thing within 6 months from the date of such stealing, robbery or unlawful or fraudulent obtaining such possession shall be deemed sufficient evidence to authorize conviction, unless such person shows to the satisfaction of the jury either:
1. That the goods or chattels or choses in action or other valuable thing were, considering the relations of the parties thereto and in circumstances thereof, a gift; or
2. That the] 1. Every person who receives or buys property that has been wrongfully taken from any other person in any manner, whether or not the act of wrongful taking occurred outside the State of Nevada, and whether or not the property was bought or received from a person other than the person wrongfully taking such property, shall be guilty of a gross misdemeanor.
2. If such person is shown to have had possession of such property within 6 months from the date of the wrongful taking, such possession shall constitute sufficient evidence to authorize conviction, unless:
(a) The property was a gift; or
(b) The amount paid for the [goods, chattels, choses in action, or other valuable thing] property represented [their] its fair and reasonable value;
[3. That the] (c) The person buying such [goods, chattels, choses in action, or other valuable thing knew of his own knowledge] property knew or made inquiries sufficient to satisfy a reasonable man that the seller was in a regular and established business [for] dealing in [goods, chattels, choses in action, or other valuable thing] property of the description of the [goods] property purchased; or
κ1959 Statutes of Nevada, Page 294 (CHAPTER 247, SB 140)κ
erty knew or made inquiries sufficient to satisfy a reasonable man that the seller was in a regular and established business [for] dealing in [goods, chattels, choses in action, or other valuable thing] property of the description of the [goods] property purchased; or
[4. That the] (d) The person receiving or buying such [goods, chattels, choses in action, or other valuable thing] property has simultaneously with the receipt or sale reported the transaction to the appropriate local police authorities. [of the municipality in which he resides.]
Sec. 2. NRS 195.030 is hereby amended to read as follows:
195.030 Every person not standing in the relation of husband or wife, brother or sister, parent or grandparent, child or grandchild, to the offender, who: [after]
1. After the commission of a felony [shall harbor, conceal or aid] harbors, conceals or aids such offender with intent that he may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a felony or is liable to arrest, is an accessory to the felony.
2. After the commission of a gross misdemeanor harbers, conceals or aids such offender with intent that he may avoid or escape from arrest, trial, conviction or punishment, having knowledge that such offender has committed a gross misdemeanor or is liable to arrest, is an accessory to the gross misdemeanor.
Sec. 3. NRS 195.040 is hereby amended to read as follows:
195.040 1. Every accessory to a felony may be indicted, tried and convicted either in the county where he became an accessory, or where the principal felony was committed; and whether the principal offender has or has not been convicted, or is or is not amenable to justice, or has been pardoned or otherwise discharged after conviction; and, except where a different punishment is specially provided by law, such accessory shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years, or by a fine of not more than $1,000 or by both [.] fine and imprisonment.
2. Every accessory to a gross misdemeanor may be indicted, tried and convicted in the manner provided for an accessory to a felony; and, except where a different punishment is specially provided by law, shall be punished by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by a fine of not less than $100 nor more than $500, or by both fine and imprisonment.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 295κ
Senate Bill No. 149Senator Slattery
CHAPTER 248
AN ACT to amend chapter 393 of NRS, relating to school property, by authorizing the board of trustees of any school district to grant the use of school property for certain purposes; creating restrictions on such use; providing for employing personnel and paying costs of such use; providing penalties; and by providing other matters properly relating thereto.
[Approved March 24, 1959]
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 the provisions set forth as sections 2 to 12, inclusive, of this act.
Sec. 2. The board of trustees of any school district may grant the use of school buildings or grounds for public, literary, scientific, recreational or educational meetings, or for the discussion of matters of general or public interest upon such terms and conditions as the board deems proper, subject to the limitations, requirements and restrictions set forth in sections 2 to 12, inclusive, of this act.
Sec. 3. No such use shall be inconsistent with the use of the buildings or grounds for school purposes or interfere with the regular conduct of school work.
Sec. 4. No such use shall be granted in such a manner as to constitute a monopoly for the benefit of any person or organization.
Sec. 5. No privilege of using the buildings or grounds shall be granted for a period exceeding 1 year. The privilege is renewable and revocable in the discretion of the board at any time.
Sec. 6. The board of trustees of any school district may grant the use of school buildings, grounds and equipment without charge to public agencies for the purpose of holding examinations for the selection of personnel.
Sec. 7. 1. No school property, buildings or grounds may be used to further any program or movement the purpose of which is to accomplish the overthrow of the government of the United States or of any state by force, violence or other unlawful means.
2. No board of trustees of any school district may grant the use of any school property, building or grounds to any person or organization for any use in violation of this section.
3. Any violation of this section is a misdemeanor.
Sec. 8. The use of any public schoolhouse and grounds for any meeting is subject to such reasonable rules and regulations as the board of trustees of the school district prescribe and shall in nowise interfere with the use and occupancy of the public schoolhouses and grounds, as is required for the purpose of the public schools of the state.
Sec. 9. The board of trustees of the school district shall make all necessary rules and regulations for the conduct of civic meetings, for such recreational activities as are provided for in sections 2 to 12, inclusive, of this act, and for the aid, assistance and encouragement of such activities.
Sec. 10. The board of trustees of any school district may appoint a person who shall have charge of the grounds, preserve order, protect the school property, plan, promote and supervise recreational activities, and do all things necessary in the capacity of a representative of the board of trustees.
κ1959 Statutes of Nevada, Page 296 (CHAPTER 248, SB 149)κ
the school property, plan, promote and supervise recreational activities, and do all things necessary in the capacity of a representative of the board of trustees. He shall have the power of a peace officer to carry out the intents and purposes of sections 2 to 12, inclusive, of this act.
Sec. 11. Lighting, heating, janitor service and the services of the person referred to in section 10 of this act, when needed, and other necessary expenses, in connection with the use of public school buildings and grounds pursuant to sections 2 to 12, inclusive, of this act, shall be provided for out of school district funds of the respective school districts in the same manner as similar services are provided for, subject to reimbursement by the user in accordance with such policies and regulations as the board of trustees may adopt.
Sec. 12. This act shall become effective upon passage and approval.
________
Senate Bill No. 191Senator Whitacre
CHAPTER 249
AN ACT to amend chapter 248 of NRS, relating to sheriffs, by creating a new provision relating to the fees of the sheriff of Lyon County; to amend NRS section 248.290, relating to the fees of sheriffs in counties polling under and over 800 votes, by excluding Lyon County from the operation of such section; and by providing other matters properly relating thereto.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 248 of NRS his hereby amended by adding thereto a new section which shall read as follows:
1. The sheriff of Lyon County shall be allowed to charge and collect the following fees:
For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except a writ of habeas corpus, on every defendant.............................................................................................................................. $2.00
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile.................................... .30
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.
For taking bond or undertaking in any case in which he is authorized to take the same..................................................................................................................... 1.50
For copy of any writ, process or other paper, when demanded or required by law, for each folio............................................................................................................ .30
For serving every notice, rule or order...................................................................... 1.00
For serving subpena, for each witness summoned................................................... .50
κ1959 Statutes of Nevada, Page 297 (CHAPTER 249, SB 191)κ
For traveling, per mile in serving subpenas or a venire, in going only, for each mile .............................................................................................................................. $0.30
When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.
For serving an attachment on property, or levying an execution or executing an order of arrest, or order for the delivery of personal property, together with traveling fees, as in cases of summons........................................................... 3.00
For making and posting notices, and advertising for sake, on execution, or any judgment, or order of sale, not to include the cost of publication in a newspaper........................................................................................................... 2.00
For issuing each certificate of sale of property on execution, or order of sale, and for filing a duplicate thereof with the county recorder, which shall be collected from the party receiving the certificate......................................................... 2.00
One-half of the fee shall be paid to the county recorder.
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof........................................ 5.00
For serving a writ of possession, or restitution, putting any person into possession entitled thereto.................................................................................................. 5.00
For traveling in the service of any process, not hereinbefore mentioned, for each mile necessarily traveled, for going only, for each mile..................................... .30
2. The sheriff of Lyon County shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution, or process, where lands or personal property have been levied on, advertised or sold, on the first $500,4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or where the lands or goods levied on shall not be sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and aid as are other claims against the county.
(d) For all services in justices courts, the same fees as are allowed constables.
3. The sheriff shall also be allowed further compensation for his trouble and expense in taking possession of property under attachment, or execution, or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.
4. In service of subpena or venire, in criminal cases, the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, shall be collected from the defendants, by virtue of such execution, or order of sale, in the same manner as the same may be therein directed to be made.
κ1959 Statutes of Nevada, Page 298 (CHAPTER 249, SB 191)κ
tising and for making and collecting money on an execution or order of sale, shall be collected from the defendants, by virtue of such execution, or order of sale, in the same manner as the same may be therein directed to be made.
6. All fees collected by the sheriff of Lyon County shall be paid into the county treasury on or before the fifth day of each month.
Sec. 2. NRS 248.290 is hereby amended to read as follows:
248.290 1. Except as provided in section 1 of this amendatory act and NRS 248.270 and 248.280, sheriffs in counties wherein the total vote at the last general election did not exceed 800, and sheriffs in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:
Counties Counties
polling polling
800 votes over 800
or less votes
For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on every defendant......... $2.00............................................................................................................ $1.50
For traveling in making such service, per mile, in going only, to be computed in all cases from the courthouse of the county:
In counties polling 800 votes or less:
.... For the first 10 miles......................................................................... .50............................................................................................................ ..
.... For each additional mile.................................................................. .40............................................................................................................ ..
In counties polling over 800 votes..................................................... .............................................................................................................. .15
If any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction from the courthouse, one mileage only shall be charged.
For taking bond or undertaking in any case in which he is authorized to take the same............................................................................................. 1.50............................................................................................................ 1.00
For copy of any writ, process or other paper, when demanded or required by law, for each folio............................................................................. .30............................................................................................................ .25
For serving every notice, rule or order...................................................... 1.00............................................................................................................ .50
For serving a subpena, for each witness summoned.............................. .50............................................................................................................ .25
For traveling per mile, in serving such subpena or venire, in going only:
In counties polling 800 votes or less:
.... For the first 10 miles......................................................................... .50............................................................................................................ ..
For each additional mile.................................................................. .40 ..
In counties polling over 800 votes..................................................... .............................................................................................................. .15
When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.
For serving an attachment on property or levying an execution, or executing an order of arrest, or order for delivery of personal property, with traveling fees as in cases of summons......................................... 3.00............................................................................................................ 2.00
κ1959 Statutes of Nevada, Page 299 (CHAPTER 249, SB 191)κ
Counties Counties
polling polling
800 votes over 800
or less votes
For serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereon created by law....................................... $5.00............................................................................................................ $4.00
For making and posting notices, and advertising for sale, on execution or order, and judgment or order of sale, not to include the cost of publication in a newspaper............................................................. 2.00............................................................................................................ 1.50
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof.... 5.00............................................................................................................ 3.00
For serving a writ of possession or restitution, putting any person in possession entitled thereto............................................................ 5.00............................................................................................................ 3.00
For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only:
In counties polling 800 votes or less:
For the first 10 miles......................................................................... .50 ..
For each additional mile.................................................................. .40 ..
In counties polling over 800 votes..................................................... .. .15
For attending, when required, on any court of record, in person or by deputy, for each day, to be paid out of the county treasury................... 5.00............................................................................................................ 4.00
For bringing up a prisoner on habeas corpus, to testify or answer to any court or for examination as to the cause of his arrest or detention, or to give bail...................................................................................................... 2.00............................................................................................................ 1.50
For holding each inquest or trial of right of property, when required, to include all services except mileage................................................ 10.00............................................................................................................ 7.50
For attending on the supreme court, either in person or by deputy, to be paid out of the state treasury as other claims, for each day.............. 8.00............................................................................................................ 6.00
For every arrest in a criminal proceeding.................................................. 3.00............................................................................................................ 2.00
For serving each subpena in criminal cases............................................. .50............................................................................................................ .40
For summoning a grand jury of 24 persons.............................................. 15.00............................................................................................................ 10.00
For summoning each trial jury:
In counties polling 800 votes or less:
For summoning each jury of 12 persons...................................... 6.00 ..
For each additional juror................................................................. .50 ..
In counties polling over 800 votes, for summoning each trial juror .. .30
2. Sheriffs in counties wherein the total vote at the last general election did not exceed 800 shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised, and sold, on the first $500, 4 percent; not exceeding $1,000, but over $500, 2 percent; on all over $1,000 and not exceeding $1,500, and on all sums above that amount, 1 percent.
κ1959 Statutes of Nevada, Page 300 (CHAPTER 249, SB 191)κ
(b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first $1,000, 1 percent; on all over that sum, one-half of 1 percent.
3. Sheriffs in counties wherein the total vote at the last general election exceeded 800 shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first $500, 3 percent; not exceeding $1,000, but over $500, 1.5 percent; and on all sums over $1,500, three-fourths of 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, one-half of 1 percent.
4. Each sheriff shall also be allowed:
(a) Such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.
(b) For service of any process in criminal cases, the same mileage as in civil cases.
(c) For all services in justices courts, the same fees as are allowed to constables.
5. In serving subpenas or venires in criminal cases, each sheriff shall receive mileage for the most distant only, when witnesses and jurors live in the same direction.
6. The fees herein allowed for the levy of an execution, for advertising, and for making and collecting money on an execution, shall be collected from the defendants by virtue of such execution, in the same manner as the same may be therein directed to be made.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 231Committee on State and County Affairs
CHAPTER 250
AN ACT to amend chapter 354 of NRS, relating to county, municipal and school district financial administration, by creating a new provision establishing the procedure for amending a county budget; to amend NRS section 354.395, relating to the procedure for amending a budget for a political subdivision, by specifying when the amendment procedure shall be followed; and providing other matters properly relating thereto.
[Approved March 24, 1959]
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. A board of county commissioners desiring to amend its regularly adopted budget for that fiscal year shall proceed in the following manner:
κ1959 Statutes of Nevada, Page 301 (CHAPTER 250, SB 231)κ
(a) A resolution shall be prepared which shall be read twice before the board of county commissioners, 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 receives second reading.
(c) Upon adopting the resolution the board of county commissioners shall file a certified copy as an amendment to its budget with the Nevada tax commission.
2. The amendment procedure in this section shall be followed whenever the board of county commissioners desires to expend a larger sum for any budget item that the sum allocated for that budget item in the budget initially filed for that fiscal year.
3. No such amendment shall be accomplished wherein the proposed amended budget exceeds the total amount of the budget initially filed for that fiscal year.
4. The procedure provided in this section shall not be considered an emergency loan and shall not be regulated by the provisions of NRS 354.070 to 354.110, inclusive.
Sec. 2. NRS 354.395 is hereby amended to read as follows:
354.395 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] receives 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. The amendment procedure in this section shall be followed whenever the governing board of a political subdivision desires to expend a larger sum for any budget item than the sum allocated for that budget item in the budget initially filed for that fiscal year.
3. No such amendment shall be accomplished wherein the proposed amended budget [shall exceed] exceeds the total amount of the budget initially filed for that fiscal year.
[3.] 4. 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.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 302κ
Senate Bill No. 277Senator Settelmeyer
CHAPTER 251
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 March 24, 1959]
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, as last amended by chapter 29, Statutes of Nevada 1957, at page 29, 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 $5,400 per annum, and mileage at the rate of [7 1/2] 10 cents per mile when traveling by private conveyance in the performance of this 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 less than [$300] $350 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.
Sec. 2. Section 2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 29, Statutes of Nevada 1957, at page 30, is hereby amended to read as follows:
Section 2. The assessor shall receive the sum of [$5,400] $6,000 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] 10 cents per mile.
Sec. 3. Section 3 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as amended by chapter 29, Statutes of Nevada 1957, at page 30, is hereby amended to read as follows:
Section 3. The county clerk and county treasurer shall receive the sum of [$5,400] $6,000 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, as last amended by chapter 29, Statutes of Nevada 1957, at page 30, is hereby amended to read as follows:
Section 4. The county recorder and county auditor shall receive the sum of [$5,400] $6,000 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.
κ1959 Statutes of Nevada, Page 303 (CHAPTER 251, SB 277)κ
expenses of such officer in the discharge of his official duties within the county.
Sec. 5. Section 5 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as amended by chapter 120, Statutes of Nevada 1955, at page 164, is hereby amended to read as follows:
Section 5. The district attorney shall receive the sum of [$3,300] $5,400 per annum. Said salary shall be in full payment for all services now required by law to be performed by the district attorney, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county. The said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in Douglas County, and also attend to and be the legal advisor for said county.
Sec. 6. Section 7 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 29, Statutes of Nevada 1957, at page 30, is hereby amended to read as follows:
Section 7. The county commissioners of Douglas County shall receive the sum of $1,800 per annum each, payable [quarterly on the last day of March, June, September, and December,] monthly in 12 equal payments, and mileage at the rate of [fifteen cents (15’) per mile in going to the county seat when attending a session of the board.] 10 cents per mile when traveling by private conveyance in the performance of their official duties in the county.
Sec. 7. The above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 213, is hereby amended by adding thereto a new section which shall be designated section 8.3 which section shall immediately follow section 8 and shall read as follows:
Section 8.3. 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 not less than $1.50 nor more than $2 for each hour of service rendered to Douglas County.
Sec. 8. The above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 213, is hereby amended by adding thereto a new section which shall be designated section 8.5 which section shall immediately follow section 8.3 and shall read as follows:
Section 8.5. All claims for traveling and mileage expenses authorized by this act, shall, before they are paid, be first approved by the board of county commissioners.
Sec. 9. This act shall become effective on the first day of the first month following its passage and approval.
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κ1959 Statutes of Nevada, Page 304κ
Assembly Bill No. 154Mr. Pozzi
CHAPTER 252
AN ACT to amend chapter 281 of NRS, relating to public officers and employees, by creating new provisions creating a travel revolving fund, and the procedure whereby state officers and employees may obtain advance funds for travel expenses and subsistence allowances, by making an appropriation therefor; and by providing other matters properly relating thereto.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. There is hereby created the travel revolving fund which shall be used by the state treasurer or his deputy for the purpose of providing advance funds to state officers and employees for travel expenses and subsistence allowances.
2. The state treasurer shall deposit the moneys in the travel revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 355 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.
3. Notwithstanding any other law, the state treasurer or his deputy shall sign all checks and warrants drawn upon the travel revolving fund.
Sec. 3. 1. Any state officer or employee may apply for advance funds for authorized travel expenses and subsistence allowances arising out of his official duties or employment, in the amounts as provided for in NRS 281.160 and 281.170, by filing a request with the administrative head of the state office, department or agency by which he is employed.
2. If such administrative head approved the request he shall forward a copy of such request and approval to the state treasurer.
3. Upon receiving a copy of such request and approval from such administrative head, the state treasurer or his deputy may issue a check or warrant drawn upon the travel revolving fund for the amount of the advance requested.
Sec. 4. Such request when approved by the state treasurer shall constitute a lien in favor of the State of Nevada upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the state treasurer may, in his discretion, advance more than the amount of the accrued wages of the officer or employee.
Sec. 5. Upon the return of the officer or employee, he shall be entitled to receive any authorized expenses and subsistence allowances in excess of the amount advanced, and a sum equal to the advance shall be paid into the travel revolving fund.
Sec. 6. The state treasurer may make reasonable rules and regulations to carry out the provisions of sections 2 to 6, inclusive.
Sec. 7. There is hereby appropriated from the general fund in the state treasury the sum of $10,000 to the travel revolving fund.
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κ1959 Statutes of Nevada, Page 305κ
Assembly Bill No. 301Lincoln County Delegation
CHAPTER 253
AN ACT to amend an act entitled An Act incorporating the city of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor if a majority of the electors thereof approve this act; establishing the procedure for such approval or rejection; and other matters properly relating thereto, approved March 28, 1957.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 63 of this above-entitled act, being chapter 289, Statutes of Nevada 1957, at page 433, is hereby amended to read as follows:
Section 63. Water, Sewer, and Electric Light and Power Revenue Bond Law of the City of Caliente.
A. Wherever used in this chapter, unless a different meaning clearly appears from the context, the term undertaking shall include the following revenue-producing undertakings or any combination of two or more of such undertakings, whether now existing or hereafter acquired or constructed; systems, plants, works, instrumentalities, and properties (1) used or useful in connection with the obtaining of water supply and the conservation, treatment and disposal of sewage, waste, and storm water, together with all parts of any such undertaking and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, sewage disposal plants, franchises, intercepting sewers, trunk, connection, and other sewer and water mains, filtration works, pumping stations and equipment; and (2) used or useful in connection with the generation and transmittal of electricity for light and power for public and private uses, and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, reservoirs, generating stations, transmittal lines, and equipment.
B. In addition to the powers which it may now have, said city shall have power under this charter:
1. To acquire by gift, purchase, or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any undertaking, wholly within or wholly without the city, or partially within and partially without the city, and to acquire by gift, purchase, or the exercise of the right of eminent domain, lands, easements, rights in lands and water rights in connection therewith;
2. To operate and maintain any undertaking for its own use and for the use of public and private consumers, and users within and without the territorial boundaries of the city;
3. To prescribe, revise and collect rates, fees, tolls or charges for the services, facilities or commodities furnished by such undertaking, and in anticipation of the collection of the revenues of such undertaking, to issue revenue bonds to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking;
κ1959 Statutes of Nevada, Page 306 (CHAPTER 253, AB 301)κ
the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking;
4. To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertaking (including the revenues of improvements, betterments or extensions theretofore and thereafter constructed or acquired, as well as the revenues of existing systems, plants, works, instrumentalities and properties of the undertakings so improved, bettered, or extended) or of any part of such undertaking;
5. When determined by its city council to be in the public interest and necessary for the protection of the public health, to enter into and perform contracts, whether long term or short term, with any industrial or mining establishment for the provision and operation by the city of sewage facilities to abate or reduce the pollution of water caused by discharges of industrial or mining waste by the industrial or mining establishment and the payment periodically by the industrial or mining establishment to the city of amounts at least sufficient, in the determination of such city council, to compensate the city for the cost of providing (including payment of principal and interest charges, if any) and of operating and maintaining the sewage facilities serving such industrial or mining establishment.
6. And notwithstanding any provision of this chapter to the contrary or in conflict herewith, to accept contributions or loans from the United States of America, or any department, instrumentality or agency thereof, for the purpose of financing or aiding in financing the cost of preliminary investigations and studies, surveys, plans and specifications, procedures and other action preliminary to construction, and the construction, maintenance and operation of any undertaking; and
7. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers herein granted or in the performance of its covenants or duties or in order to secure the payment of its bonds; provided, no encumbrance, mortgage or other pledge of property of the city is created thereby; and provided, no property of the city is liable to be forfeited or taken in payment of said bonds; and provided, no debt on the credit of the city is thereby incurred in any manner for any purpose.
C. The acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking and the issuance in anticipation of the collection of the revenues of such undertaking of bonds to provide funds to pay the cost thereof may be authorized by ordinance or resolution of the city council, which may be adopted at a regular meeting by a vote of a majority of the members elected to the city council; provided, however, that before such ordinance or resolution shall become effective or any bonds issued thereunder may be in any respect a valid obligation of the city or undertaking, the proposal for such bond issue or loan shall be submitted to, and carried by a majority vote of, the property owners and electors of the city at a general or special election called for that purpose in the manner prescribed by the provisions of [an act entitled, An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 16, 1937, and being chapter 70 of the Nevada session laws of 1937.]
κ1959 Statutes of Nevada, Page 307 (CHAPTER 253, AB 301)κ
of certain persons in relation thereto, and other matters properly relating thereto, approved March 16, 1937, and being chapter 70 of the Nevada session laws of 1937.] NRS 350.010 to 350.070, inclusive. It shall not be necessary, any provisions in this charter and the laws of the State of Nevada to the contrary notwithstanding, to submit at an election, in addition to the question of issuing bonds for any of the aforesaid purposes, a question for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking. The city council, in determining such cost, may include all cost and estimated cost of the issuance of such bonds, all engineering, inspection, fiscal and legal expenses, and interest which it is estimated will accrue during the construction period, and for six months thereafter, on money borrowed or which it is estimated will be borrowed pursuant to this chapter.
D. Revenue bonds issued under this chapter shall bear interest at such rate or rates not exceeding five percent per annum, payable semiannually, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding the estimated life of the undertaking but in no event beyond thirty years from their respective dates, may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may be executed in such manner, may contain such terms, covenants and conditions, and may be in in such form, either coupon or registered, as the ordinance or resolution authorizing the issuance of such bonds or subsequent ordinances or resolutions may provide. Said bonds shall be issued to the contractor in payment for the acquisition, construction, reconstruction, improvement, betterment, or extension of any undertaking, including all incidental expenses, or said bonds shall be sold at not less than par. Said bonds may be sold at private sale to the United States of America or any agency, instrumentality, or corporation thereof. Unless issued to a contractor or sold to the United States of America or any agency, instrumentality, or corporation thereof, said bonds shall be sold at public sale after notice of such sale published once at least five days prior to such sale in the newspaper circulating in the city. Pending the preparation of the definitive bonds, interim receipts or certificates in such form and with such provisions as the city council may determine may be issued to the contractor or the purchaser or purchasers of bonds sold pursuant to this chapter. Said bonds and interim receipts or certificates shall be fully negotiable for all the purposes.
The city council may also provide in the ordinance or resolution authorizing the issuance of bonds under this chapter that the bonds, or such ones thereof as may be specified, shall to the extent and in the manner prescribe, be subordinated and junior in standing, with respect to the payment of the principal and interest and the security thereof, to such other bonds as are designated in such ordinance or resolution.
E. Said bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all persons whose signatures appear thereon shall have ceased to be officers of the city issuing the same.
κ1959 Statutes of Nevada, Page 308 (CHAPTER 253, AB 301)κ
to be officers of the city issuing the same. The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the undertaking for which said bonds are issued. The ordinance or resolution authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
F. Any ordinance or resolution authorizing the issuance of bonds under this chapter, to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of an undertaking, may contain covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:
(a) The rates, fees, tolls, or charges to be charged for the services, facilities and commodities of said undertaking;
(b) The use and disposition of the revenue of said undertaking;
(c) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof;
(d) The purpose or purposes to which the proceeds of the sale of said bonds may be applied and the use and disposition of such proceeds;
(e) Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on said bonds or on the coupons thereof;
(f) A fair and reasonable payment by the city to the account of said undertaking for the services, facilities of commodities furnished said city or any of its departments by said undertaking;
(g) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such undertaking;
(h) The insurance to be carried thereon and the use and disposition of insurance moneys;
(i) Books of account and the inspection and audit thereof;
(j) The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;
(k) The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations;
(l) The vesting in a trustee or trustees the right to enforce any covenants made to secure, to pay, or in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby;
(m) A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which consent may be given;
κ1959 Statutes of Nevada, Page 309 (CHAPTER 253, AB 301)κ
limited to, an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which consent may be given;
(n) The manner of collecting the rates, fees, tolls, or charges for the services, facilities, or commodities of the undertaking, and the combining in one bill of the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking with the rates, fees, tolls, or charges for other services, facilities, or commodities afforded by the municipality; and the discontinuance of the services, facilities, or commodities afforded by the municipality, in the event that the rates, fees, tolls or charges for the services, facilities, or commodities of the undertaking are not paid. Nothing in this section or in any other section of this chapter shall be deemed in any way to authorize any city to do anything in any manner or for any purpose which would result in the creation or incurring of a debt or indebtedness or the issuance of any instrument which would constitute a bond or debt within the meaning of any provision, limitation, or restriction of the constitution relating to the creating or incurring of a debt or indebtedness or the issuance of an instrument constituting a bond or a debt.
G. Revenue bonds issued under this chapter shall not be payable from or charged upon any funds, other than the revenue pledged to the payment thereof, nor shall the city issuing the same be subject to any pecuniary liability thereon. No holder or holders of any such bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such bonds or the interest thereon, nor to enforce payment thereof against any property of the city, nor shall any such bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this chapter shall recite in substance that said bond, including the interest thereon, is payable solely from the revenue pledged to the payment thereof, and that said bond does not constitute a debt of the city within the meaning of any constitutional, statutory, or charter limitation.
H. In the event that the city shall default in the payment of the principal or interest of any of the bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the city or the city council or officers, agents or employees thereof shall fail or refuse to comply with the provisions of this chapter or shall default in any agreement made with the holders of the bonds, any holders of bonds, or trustees therefor, shall have the right to apply in an appropriate judicial proceeding to a state court of competent jurisdiction, or any other court of competent jurisdiction, for the appointment of a receiver of the undertaking, whether or not all bonds have been declared due and payable, and whether or not such holder, or trustee therefor, is seeking or has sought to enforce any other right, or exercise any remedy in connection with such bonds.
Upon such application such state court may appoint, and if the application is made by the holders of twenty-five per centum (25%) in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking.
κ1959 Statutes of Nevada, Page 310 (CHAPTER 253, AB 301)κ
in principal amount of such bonds then outstanding, or any trustee for holders of such bonds in such principal amount, shall appoint a receiver of the undertaking. The receiver so appointed shall forthwith, directly or by his agents and attorneys, enter into and upon and take possession of the undertaking and each and every part thereof, and may exclude the city, its city council, officers, agents, and employees and all persons claiming under them wholly therefrom, and shall have, hold, use, operate, manage, and control the same and each and every part thereof, and in the name of the city otherwise, as the receiver may deem best, and shall exercise all the rights and powers of the city with respect to the undertaking as the city itself might do. Such receiver shall maintain, restore, insure, and keep insured, the undertaking, and from time to time shall make all such necessary or proper repairs as to such receiver may seem expedient, and shall establish, levy, maintain and collect such fees, tolls, rentals and other charges in connection with the undertaking as such receiver may deem necessary or proper and reasonable, and shall collect and receive all revenues and shall deposit the same in a separate account, and apply such revenues so collected and received in such manner as the court shall direct.
Whenever all that is due upon the bonds, and interest thereon, and upon any other notes, bonds or other obligations, and interest thereon, having a charge, lien, or encumbrance on the revenues of the undertaking and under any of the terms of any covenants or agreements with bondholders shall have been paid or deposited as provided therein, and all defaults shall have been cured and made good, the court may in its discretion, and after such notice and hearing as it deems reasonable and proper, direct the receiver to surrender possession of the undertaking to the city, the same right of the holders of the bonds to secure the appointment of a receiver to exist upon any subsequent default as hereinabove provided. Such receiver shall, in the performance of the powers hereinabove conferred upon him, act under the direction and supervision of the court making such appointment and shall at all times be subject to the orders and decrees of such court and may be removed thereby. Nothing herein contained shall limit or restrict the jurisdiction of such court to enter such other and further orders and decrees as such court may deem necessary or appropriate for the exercise by the receiver of any functions specifically set forth herein.
I. Subject to any contractual limitations binding upon the holders of any issue of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds, or trustee therefor, shall have the right and power for the equal benefit and protection of all holders of bonds similarly situated:
(a) By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the city and its city council, and any of its officers, agents, or employees, and to require and compel such city or such city council, or any such officers, agents, and employees to perform and carry out its and their duties and obligations under this chapter, and its and their covenants and agreements with bondholders;
κ1959 Statutes of Nevada, Page 311 (CHAPTER 253, AB 301)κ
(b) By action or suit in equity to require the city and city council thereof to account as if they were the trustee of an express trust;
(c) By action or suit in equity to enjoin any acts or things which may be unlawful or in violation of the rights of bondholders;
(d) Bring suit upon the bonds.
No right or remedy conferred by this chapter upon any holder of bonds, or any trustee therefor, is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this chapter or by any other law.
J. The powers conferred by this chapter shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this chapter shall not affect the powers conferred by any other general or special law or charter provision. The undertaking may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended notwithstanding that any special or general law or charter provision may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension of a like undertaking and without regard to the requirement, restrictions, debt, or other limitations or other provisions contained in any other general or special law or charter provision, including, but not limited to, any restriction of limitation on the incurring of indebtedness or the issuance of bonds. Insofar as the provisions of this chapter are inconsistent with the provisions of any other general or special law or charter provision, the provisions of this chapter shall be controlling, except as otherwise herein provided.
Sec. 2. The above-entitled act, being chapter 289, Statutes of Nevada 1957, is hereby amended by adding thereto a new section, which section shall be numbered section 66 and shall immediately follow section 65 and shall read as follows:
Section 66. The legislature of the State of Nevada hereby finds and declares:
1. That pursuant to the provisions of section 65 of this act, there was filed with the city clerk, on April 18, 1957, a petition bearing the signatures of more than 20 percent of the qualified electors of the city of Caliente praying that the proposition for the adoption or rejection of the charter appear on the official ballot at the municipal election to be held on May 7, 1957.
2. That a notice by publication in the Caliente Herald, a newspaper published in the city of Caliente, was made in two issues of such newspaper immediately preceding the election held on May 7, 1957, stating that at the election there would be placed upon the official ballot, in addition to the names of the candidates for election, the proposition for the adoption of this act in the following terms: For the adoption of the charter and Against the adoption of the charter.
3. That at the election and canvass of the returns of the election it was found that 195 electors voted for the adoption of the charter and 46 electors voted against the adoption of the charter.
4. That in accordance with the provisions of section 65 of this act, the city council, on May 20, 1957, declared the organization and existence of the city of Caliente under the provisions of this act as approved by a majority of the electors of the city of Caliente.
κ1959 Statutes of Nevada, Page 312 (CHAPTER 253, AB 301)κ
ence of the city of Caliente under the provisions of this act as approved by a majority of the electors of the city of Caliente.
5. That all of the provisions of this act having been complied with the city of Caliente is duly and regularly incorporated under the provisions of this act.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 349Committee on Roads and Transportation
CHAPTER 254
AN ACT to amend chapter 706 of NRS, relating to motor vehicle carriers, by creating a new provision relating to indemnity bonds or insurance of contract motor carriers; to amend NRS sections 706.070, 706.130, 706.210, 706.220, 706.260, 706.270, 706.320, 706.330, 706.360, 706.440, 706.450, 706.490, 706.500, 706.560, 706.580 to 706.600, inclusive, 706.680 and 706.710, relating to administration and enforcement of provisions relating to regulation and licensing of motor carriers, regulation of motor carriers and motor carrier rates, contract carrier permits and licenses, liability insurance and bonds, licenses and license fees, exemptions and hours of driving, by defining certain terms; by clarifying the powers and duties of the public service commission of Nevada and the department of motor vehicles with respect to administration and enforcement of laws relating to motor vehicle carriers; by authorizing cease and desist orders to contract carriers; by providing for information to be furnished by carriers engaged in foreign commerce; by providing for supervision, regulation and licensing of carriers and rates charged by carriers; by providing for licensing of motor convoy carriers and prescribing certain conditions thereof; by providing for licensing of persons electing to pay vehicle license fees on a trip basis under certain conditions; by providing for limitation of hours of employment of drivers of all carriers; and by providing other matters properly relating thereto; and to repeal NRS section 706.410, relating to payment of license fees by common carriers.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.070 is hereby amended to read as follows:
706.070 Motor convoy carrier means any person, whether engaged in any of the carrier services defined in NRS 706.020 to 706.120, inclusive, or otherwise, who drives or tows by means of another motor vehicle or other motive power or carriers in another motor vehicle, or who drives a single motor vehicle, or causes to be driven, towed or carried any motor vehicle or vehicles, or causes a single motor vehicle to be so driven, over and along the public highways of this state, or who furnishes drivers for the movement of vehicles, or furnishes vehicles to drivers, to be driven over and along the public highways of this state, when such motor vehicle or vehicles is so driven, towed or carried for compensation or for the purpose of selling or offering the same for sale or exchange, or storage prior to sale, or delivery subsequent to sale, or for use in common contract or private carrier service [.] , or for the purpose of delivering a vehicle from one place to another for compensation.
κ1959 Statutes of Nevada, Page 313 (CHAPTER 254, AB 349)κ
Sec. 2. NRS 706.130 is hereby amended to read as follows:
706.130 It is hereby declared to be the purpose and policy of the legislature in enacting NRS 706.010 to 706.700, inclusive:
1. To confer upon the commission [and the department] the power and authority and to make it [their] the duty of the commission to supervise [,] and regulate [and license] the common and contract motor carrying of property and passengers for hire, [and to supervise for licensing purposes the contract motor carrying of property and passengers for hire,] and to supervise for licensing purposes the private motor carrying of property when used for private commercial enterprises on the public highways of this state, and to confer upon the department the power and authority to license all motor carriers, so as to relieve the existing and all future undue burdens on such highways arising by reason of the use of such highways by motor vehicles in a gainful occupation thereon; and
2. To provide for reasonable compensation for the use of such highways in such gainful occupations, and enable the State of Nevada, by a utilization of the license fees, to provide more fully for the proper construction, maintenance and repair thereof, and thereby protect the safety and welfare of the traveling and shipping public in the use of the highways.
Sec. 3. NRS 706.210 is hereby amended to read as follows:
706.210 1. The [department] commission and its inspectors shall:
(a) Enforce all rules and regulations of the commission and the department pertaining to NRS 706.010 to 706.700, inclusive.
(b) Assist in the enforcement of all laws pertaining to the registration of motor vehicles.
2. The [department] commission and its inspectors shall not be given police power except for the enforcement of NRS 706.010 to 706.700, inclusive, and laws pertaining to the registration of motor vehicles.
3. Inspectors may carry firearms in the performance of their duties.
Sec. 4. NRS 706.220 is hereby amended to read as follows:
706.220 When a complaint has been filed with the commission alleging that any vehicle is being operated without a certificate of public convenience and necessity or contract carrier permit as required by NRS 706.010 to 706.700, inclusive, or when the commission has reason to believe that any provision of NRS 706.010 to 706.700, inclusive, is being violated, the commission shall investigate such operations and the commission shall have power, after a hearing, to make its order requiring the owner or operator of such vehicle to cease and desist from any operation in violation of NRS 706.010 to 706.700, inclusive. The commission shall enforce compliance with such order under the powers vested in the commission by NRS 706.010 to 706.700, inclusive, or other law.
Sec. 5. NRS 706.260 is hereby amended to read as follows:
706.260 1. It shall be unlawful for any common motor carrier of property or passengers to operate as a common carrier of interstate or foreign commerce within this state, without first having furnished the commission full written information concerning:
(a) Good and sufficient evidence satisfactory to the commission that it has complied with all provisions of the Federal Motor Carrier Act of 1935.
κ1959 Statutes of Nevada, Page 314 (CHAPTER 254, AB 349)κ
it has complied with all provisions of the Federal Motor Carrier Act of 1935.
(b) The complete route or routes over which the applicant desires to operate.
(c) A copy of its tariff or tariffs, supplements thereto, or revised pages thereof. It shall keep on file with the commission all new tariffs, supplements thereto, or revised pages thereof.
(d) Such other information as the commission may request covering observance of state police regulations and payment of fees.
2. Upon receipt of such information by the commission, and upon payment of the license fees to the department, the department shall issue such interstate or foreign common carrier of property or passengers a license.
3. The commission may, in its discretion, upon receipt of an application for license and payment of license fees to the department, waive the above requirements, knowing the above requirements have been complied with.
Sec. 6. NRS 706.270 is hereby amended to read as follows:
706.270 1. The commission and the department are hereby vested with the power and authority to and the department shall license and the commission shall supervise [for license purposes] and regulate all contract motor carriers of property, contract motor carriers of passengers and supervise for licensing purposes all private motor carriers of property within the State of Nevada either in interstate or foreign or intrastate commerce.
2. The commission may regulate and fix the minimum carrying charges of all such intrastate contract motor carriers, and conduct hearings, make and enter necessary orders and enforce the same with respect thereto in the same manner and form as in now or may hereafter be provided by law for the regulation of the rates, [and] charges and services of common motor carriers.
Sec. 7. NRS 706.320 is hereby amended to read as follows:
706.320 In addition to the identification by license plates as provided in NRS 706.600, each motor vehicle coming within the provisions of NRS 706.010 to 706.700, inclusive, except single unit motor vehicles weighing 10,000 pounds or less owned by private carriers, [licensed and operated solely in the State of Nevada] shall have the name of the person, firm, corporation or association owning the vehicle prominently and conspicuously displayed on both sides of the vehicle in such location, size and style as may be specified by the [department.] commission.
Sec. 8. NRS 706.330 is hereby amended to read as follows:
706.330 Every [car] motor vehicle being transported through the State of Nevada, or offered for sale within the State of Nevada, which has been convoyed, unless lawfully bearing motor convoy carrier plates, shall have displayed [upon the windshield,] prominently thereon, and there shall remain [upon the windshield thereof] thereon until sold, a sticker to be provided by the department, without cost, which sticker shall be in the form to be prescribed by the department.
Sec. 9. NRS 706.360 is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 315 (CHAPTER 254, AB 349)κ
706.360 1. Nothing contained in NRS 706.010 to 706.700, inclusive, shall be construed to prohibit the issuance by any carrier subject to NRS 706.010 to 706.700, inclusive, of free or reduced-rate transportation to:
(a) Its own officers, commission agents, employees, attorneys, physicians and surgeons, and members of their families.
(b) Ministers of religion, inmates of hospitals or charitable institutions, or persons engaged in charitable work.
(c) Persons or property engaged or employed in educational, scientific or patriotic work, when permitted by the commission.
(d) [Members of the commission and the employees thereof when traveling upon official business.
(e)] Indigent, destitute or homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation.
[(f)] (e) Witnesses attending any legal investigation in which such carrier is interested.
[(g)] (f) Persons injured in accidents or wrecks and physicians and nurses attending such persons.
2. Employees, as used in this section, shall include furloughed, pensioned and superannuated employees, and persons who have become disabled or infirm in the service of any such carrier, and persons traveling for the purpose of entering the service of any such carrier.
Sec. 10. NRS 706.440 is hereby amended to read as follows:
706.440 It shall be unlawful for any contract motor carrier of passengers or property to act as such within this state in intrastate commerce without first having obtained a permit therefor.
Sec. 11. NRS 706.450 is hereby amended to read as follows:
706.450 An application for a permit for a new operation as a contract motor carrier shall:
1. Be made to the commission in writing.
2. Be verified under oath.
3. Be in such form and be accompanied by such information as the commission may require.
Sec. 12. NRS 706.490 is hereby amended to read as follows:
706.490 1. It shall be unlawful for any contract motor carrier of property, contract motor carrier of passengers or private motor carrier of property to operate as a carrier of property or passengers within this state either in intrastate commerce or in interstate or foreign commerce without first having obtained a license therefor from the department.
2. An application shall be made to the commission in writing stating:
(a) The ownership.
(b) The equipment to be used.
(c) Such other information as the commission may request.
3. If interstate or foreign contract carrier operations are conducted, a sworn statement must also be filed with the commission that the carrier has complied with the provisions of the Federal Motor Carrier Act of 1935.
κ1959 Statutes of Nevada, Page 316 (CHAPTER 254, AB 349)κ
4. Upon receipt of such information by the commission, and upon payment of the license fees to the department, the department shall issue a license to the applicant.
Sec. 13. NRS 706.500 is hereby amended to read as follows:
706.500 1. In issuing the licenses provided in NRS 706.530 to 706.600, inclusive, except as to private carriers, the department shall require, within such time and in such amounts as [it] the commission may designate, the filing with the commission in a form required and approved by the commission of a liability insurance policy, or a certificate of insurance in lieu thereof, or a bond of a surety and bonding company, or other surety, in such reasonable sum as the commission may deem necessary to protect adequately the interests of the public and the public safety.
2. Such liability insurance policy, or certificate, policy or bond of a surety and bonding company or other surety shall bind the obligors thereunder to pay the compensation for injuries to third persons or for loss or damage to their property resulting from the negligent operation of such carrier.
Sec. 14. Chapter 706 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The commission may require any contract motor carrier of property or passengers to file and keep in force with the commission adequate indemnity bonds or insurance in such amount as in the judgment of the commission is just and reasonable for the protection and reimbursement of passengers and the owner of property in case of accident.
Sec. 15. NRS 706.560 is hereby amended to read as follows:
706.560 1. [Every motor convoy carrier shall be required to be licensed, and the fee therefor shall be as follows.] No motor convoy carrier shall act as such within this state without first having obtained a motor convoy carrier license. Every motor convoy carrier, before commencing operations in this state, and annually on or before July 1 of each year thereafter, shall make application to the commission for a motor convoy carrier license. Such application shall be in writing, verified under oath and contain a statement of the applicant electing between the methods of license fee payments hereinafter set forth. The application shall be accompanied by such proof of the status of the applicants operation and such other information as the commission may require. Upon receipt of the application and all supporting data which the commission may require, the commission shall approve the application and transmit the same to the department for issuance of an appropriate license upon payment of the proper fees by the applicant. The applicant may elect to be licensed on an annual basis or on a trip basis. If the applicant elects to be licensed on an annual basis, the department shall issue an appropriate form of license setting forth that the licensee has elected to pay license fees on an annual basis, and shall also issue to the applicant as many single, serially numbered license plates as he has applied for. The annual-basis license fee shall be $500, and the fee for each license plate issued thereunder shall be $30. Such license plates shall bear a distinguishing number identifying the licensee and shall be displayed upon each vehicle driven, towed or carried by the licensee in accordance with such regulations as the department may prescribe.
κ1959 Statutes of Nevada, Page 317 (CHAPTER 254, AB 349)κ
department may prescribe. Such license and license plates shall expire on June 30 of each year and may not be transferred to or used by any other person. If the applicant elects to pay license fees on a trip basis, the department shall issue an appropriate form of license setting forth that the licensee has elected to pay license fees on a trip basis, and shall also issue to the applicant a single, one-trip license sticker. The fee for issuance of such license and sticker shall be $8.25. The applicant may obtain additional one-trip license stickers upon payment of $8.25 for each such sticker issued, either at the time of issuance of his license or on each occasion that any vehicle is moved by him into or through this state. For each motor vehicle driven, towed or carried by any motor convoy carrier, or driven singly, as set forth in NRS 706.070, and which does not carry a motor convoy carrier license plate or one-trip license sticker issued pursuant to this subsection, a one-trip license sticker shall be secured upon payment of a flat fee of $8.25 which shall be paid by the person or persons engaged in such motor convoy carriage, for which fee the department shall issue for each motor vehicle driven, towed or carried by such motor convoy carrier, or driven singly, a distinctive [certificate to the effect] one-trip license sticker setting forth that such motor vehicle may be driven, towed or carried, as the case may be, over and along the public highways of this state, from the point of entry into the state, or point of origin of such carriage within the state, to the destination within the state, or to the point of departure from the state. No such [certificate] sticker shall be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever, nor transferable from the motor convoy carrier to whom issued to any other person whomsoever. Such [certificate] sticker shall be effective for the uses and purposes for which issued until the sale, exchange or delivery of the motor vehicle by the motor convoy carrier to another person; but such [certificate] sticker shall not be effective beyond the current year in which issued.
2. No unladened weight license fee shall be assessed on any motor vehicle driven, towed or carried under the provisions of this section nor shall any other license plates be issued for any such motor vehicle by the department or [any other state department.] its agents.
3. No registration plates, dealers plates, or any other license plates whatsoever, or any license or certificate, other than the [certificate] sticker or license plate provided in this section, issued by this or any other state, shall be deemed or construed to permit any convoying of motor vehicles as defined in NRS 706.010 to 706.700, inclusive, nor shall such [certificate] sticker or license plate be deemed or construed as a license for the operation of any motor vehicle used in the carrying of the motor vehicle for which the [certificate] sticker or license plate was issued or is required.
4. Nothing contained in NRS 706.010 to 706.700, inclusive, shall be construed to prohibit a manufacturer or dealer within this state from delivering under a manufacturers or dealers license plate at any point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license.
κ1959 Statutes of Nevada, Page 318 (CHAPTER 254, AB 349)κ
5. The provisions of this section shall not apply to vehicles transported by motor vehicles regularly licensed under the provisions of NRS 706.530 to 706.550, inclusive.
6. Every motor convoy carrier shall keep a written record of all vehicles driven, towed or carried by him into or through this state, which record shall be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any motor convoy carrier to submit such periodic reports and supporting data as they may deem necessary with respect to vehicles driven, towed or carried by him into or through this state.
7. The commission and the department may revoke the license of or refuse to issue a license to any motor convoy carrier who fails or refuses to comply with the provisions of this section.
8. The commission and the department are authorized to adopt, amend and repeal such regulations and to institute such safeguards to insure payment of license fees as in their judgment are necessary to the proper enforcement of the provisions of this section.
Sec. 16. NRS 706.580 is hereby amended to read as follows:
706.580 1. A nonresident owner or operator of a vehicle coming within the provisions of NRS 706.010 to 706.700, inclusive, except motor convoy carriers, shall have the option, in lieu of causing such vehicle to be licensed under NRS 706.010 to 706.700, inclusive, and paying the annual license fees, of applying for a [trip permit] one-trip license to be issued forthwith upon payment of a fee equal to 5 percent of the annual license fee; but the minimum fee for such [trip] one-trip license shall not be less than $3 nor more than $30 per vehicle or combination of vehicles.
2. [Trip permits] One-trip licenses shall authorize operation over the public highways of this state for a period of not more than 96 consecutive hours and shall permit one, but not more than one, round trip into or across the State of Nevada.
3. All such [trip permits] one-trip licenses shall be evidenced by stickers which shall be displayed on the windshield of the vehicle or otherwise, as specified by the department.
4. Any person electing to pay license fees on a one-trip license basis, upon first entering this state, and annually on or before July 1 of each year thereafter, shall make application to the commission for permission to pay license fees on such basis. The application shall be accompanied by such proof of the status of the applicants operation and such other information as the commission may require. Upon receipt of the application and all supporting data which the commission may require, the commission shall approve the application and transmit the same to the department for issuance of an appropriate form of license setting forth that the licensee has elected to pay license fees on a trip basis.
5. Every person electing to pay license fees on a one-trip basis shall keep a written record of every trip made into or through this state, which record shall be open to inspection by any agent or employee of the commission or the department. The commission and the department may require any such person to submit such periodic reports and supporting data as they may deem necessary with respect to trips made into or through this state.
κ1959 Statutes of Nevada, Page 319 (CHAPTER 254, AB 349)κ
6. The commission and the department may revoke the license of or refuse to issue a license to any person who fails or refuses to comply with the provisions of this section.
7. The commission and the department are authorized to adopt, amend and repeal such regulations and to institute such safeguards to insure payment of license fees as in their judgment are necessary to the proper enforcement of the provisions of this section.
Sec. 17. NRS 706.590 is hereby amended to read as follows:
706.590 1. A resident owner or operator dealing in the business of moving houses or parts of houses while in a constructed or partially constructed state shall have the option, in lieu of causing such towing house-moving vehicles as he may use in his business of house moving to be licensed under NRS 706.010 to 706.700, inclusive, and paying the annual license fees, of applying for a [trip permit] one-trip license to be issued forthwith upon payment of a fee equal to 5 percent of the annual license fee.
2. [Trip permits] One-trip licenses shall authorize operation over the public highways of this state for a period of not more than 48 consecutive hours.
3. All such [trip permits] one-trip licenses shall be evidenced by stickers, which shall be displayed on the windshield of the vehicle or otherwise, as specified by the department under such rules and regulations as may be promulgated by the department.
Sec. 18. NRS 706.600 is hereby amended to read as follows:
706.600 Distinctive license plates shall be provided by the department and delivered to the applicants for [certificates and] licenses under NRS 706.010 to 706.700, inclusive. The reasonable cost of such plates shall be borne by the state and paid out of the state highway fund upon claims therefor allowed as other claims against the state. Such license plates must at all times be conspicuously displayed in accordance with rules to be laid down by the department.
Sec. 19. NRS 706.680 is hereby amended to read as follows:
706.680 1. Notwithstanding the provisions of NRS 482.320 and the provisions of NRS 706.070, [and] 706.330, and 706.560 such sections relating to motor convoy carriers, it shall be lawful for any manufacturer or dealer in motor vehicles, as such are defined in NRS 706.080, having an established place of business in this state to operate, drive or tow any such motor vehicles over and along the public highways of this state, when such motor vehicles are to be sold, exchanged or stored for the purpose of sale or exchange, without first securing from the department the [certificate] license and paying the motor convoy fee therefor.
2. No such manufacturer or dealer shall operate, drive or tow any such motor vehicle unless there are attached thereto the motor vehicle dealers license plates required by law of all such manufacturers or dealers.
Sec. 20. NRS 706.710 is hereby amended to read as follows:
706.710 1. No owner or operator of a motor vehicle to which NRS 706.010 to 706.700, inclusive, applies carrying passengers or property [for hire] on any road or highway in the State of Nevada shall require, suffer or permit any driver of such motor vehicle to drive any such motor vehicle in any one period longer than the time permitted for such period by the order of the public service commission of Nevada.
κ1959 Statutes of Nevada, Page 320 (CHAPTER 254, AB 349)κ
such period by the order of the public service commission of Nevada.
2. The labor commissioner, all traffic officers of the state and any subdivision thereof, all state police, all peace officers, and inspectors acting under the authority of the public service commission of Nevada or the department of motor vehicles shall enforce the provisions of this section.
3. Any violation of this section shall be a misdemeanor.
Sec. 21. NRS 706.410 is hereby repealed.
Sec. 22. This act shall become effective upon passage and approval.
________
Assembly Bill No. 373Mr. Ryan
CHAPTER 255
AN ACT to amend NRS section 518.350, relating to the unlawful employment of miners who cannot understand, speak and read English, by limiting the prohibition against the employment of non-English speaking miners to miners who handle explosives.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 518.350 is hereby amended to read as follows:
518.350 1. It shall be unlawful for any person, firm or corporation to employ [in any underground mine in the State of Nevada, or] in the handling of explosives either in underground mines or surface mineworkings in the State of Nevada, any person or persons who cannot clearly speak and readily understand the English language, or who cannot readily read and understand any sign, notice or list of rules or directions printed in the English language in regard to rules of safety [in the underground mine or] in the handling of such explosives.
2. Any person, firm or corporation 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. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 321κ
Assembly Bill No. 385Mr. Knisley
CHAPTER 256
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, as amended.
[Approved March 24, 1959]
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 292, Statutes of Nevada 1953, as amended by chapter 24, Statutes of Nevada 1957, at page 26, 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 [$1,650] $2,100 per annum, and mileage; the county clerk, as such and as ex officio county treasurer, shall receive a salary of [$5,100] $5,700 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 [$3,600] $3,900 per annum; the sheriff of said county shall receive [$5,100] $5,700 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 [$4,500] $4,800 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 [$10] $15 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 [$5,100] $5,700 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 [$3,600] $3,900 per annum; the county recorder, as such, and ex officio auditor, shall receive a salary of [$5,100] $5,700 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 [$3,600] $3,900 per annum; the district attorney shall receive [$4,400] $5,700 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 [$2,700] $3,300 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.
κ1959 Statutes of Nevada, Page 322 (CHAPTER 256, AB 385)κ
sary 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 on the first day of the first month following its passage and approval.
________
Assembly Bill No. 412Committee on Ways and Means
CHAPTER 257
AN ACT authorizing and directing the state controller to transfer certain funds from the state welfare department administration fund to the old-age assistance fund.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to transfer from the state welfare department administration fund (fund code number 35111 in the office of the state controller) to the old-age assistance fund (fund code number 356-1 in the office of the state controller) the sum of $6,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 428Mr. Humphrey (Washoe)
CHAPTER 258
AN ACT to amend the title of and to amend an act entitled An Act to amend chapters 143, 159 and 164 of NRS, relating to powers and duties of executors and administrators, guardians and the administration of trusts, by providing that executors, administrators, guardians, trustees and other fiduciaries may invest in securities authorized by the Federal Farm Loan Act and the Farm Credit Act of 1933; to amend NRS sections 282.320, 355.120, 355.140, 355.170, 662.180, 662.240, 673.280 and 682.340, relating to investments by counties, the state board of finance, state departments and agencies, banks, trust companies, insurance companies and loan associations, by providing that such organizations, associations, companies, departments and agencies may invest certain funds in securities authorized under the Federal Farm Loan Act and the Farm Credit Act of 1933; and by providing other matters properly relating thereto, approved February 20, 1959.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Sections 8, 9, 10 and 11 of the above-entitled act, being chapter 40, Statutes of Nevada 1959, are hereby repealed.
Sec. 2. The title of the above-entitled act, being chapter 40, Statutes of Nevada 1959, is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 323 (CHAPTER 258, AB 428)κ
An Act to amend chapters 143, 159 and 164 of NRS, relating to powers and duties of executors and administrators, guardians and the administration of trusts, by providing that executors, administrators, guardians, trustees and other fiduciaries may invest in securities authorized by the Federal Farm Loan Act and the Farm Credit Act of 1933; to amend NRS sections 282.320, 355.120, 355.140 [,] and 355.170, [662.180, 662.240, 673.280 and 682.340,] relating to investments by counties, the state board of finance [,] and state departments and agencies, [banks, trust companies, insurance companies and loan associations,] by providing that such [organizations, associations, companies, departments and agencies] counties, the state board of finance and state departments and agencies may invest certain funds in securities authorized under the Federal Farm Loan Act and the Farm Credit Act of 1933; and by providing other matters properly relating thereto.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 135Mr. Ryan
CHAPTER 259
AN ACT to amend NRS sections 643.010, 643.050, 643.070, 643.080, 643.110, 643.130, 643.140 and 643.200 relating to definitions used in barbers act, powers and duties of barbers board, qualifications for barbers and apprentices certificates, requirements of applicants failing barbers examination, issuance of barbers certificates, renewal and restoration of barbers certificates, and unlawful acts of persons operating barbershops; to amend chapter 643 of NRS by creating new provisions relating to licensing and conduct of barber schools, the payment of certain fees by operators of barber schools, and notice to applicant upon the boards refusal to issue or renew the license or the boards revocation or suspension of the license; and providing other matters properly relating thereto.
[Approved March 24, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 643 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. It is unlawful for any person, firm or corporation to operate a barber school unless the board has issued to such person, firm or corporation a license which is current and in good standing.
Sec. 3. An applicant for a license to operate a barber school shall file an application with the board in such form as the board may prescribe accompanied by the fee required by this chapter.
Sec. 4. Upon receipt of an application to operate a barber school, the board shall require the applicant, if an individual, or a member, partner or officer if the applicant is a firm, partnership or corporation, to appear personally before the board and submit information in such form as the board may by regulation prescribe showing:
1. The location of the proposed college and its physical facilities and equipment;
κ1959 Statutes of Nevada, Page 324 (CHAPTER 259, AB 135)κ
2. The proposed maximum number of students to be trained at any one time and the number of instructors to be provided;
3. The nature and terms of the applicants right of possession of the proposed premises, whether by lease, ownership or otherwise;
4. The financial ability of the applicant to operate the college in accordance with the requirements of this chapter and the regulations of the board; and
5. Such other information as the board considers necessary.
Sec. 5. 1. The fee to be paid by an applicant for a license to operate a barber school, as provided in section 3 of this amendatory act, shall be $250, which fee will be returned if the application is rejected.
2. The fee to be paid by an applicant for the renewal of a license to operate a barber school shall be $100.
3. Every license to operate a barber school which has not been renewed during the month of April in any year shall expire on May 1 of that year.
Sec. 6. The board shall have authority to adopt and enforce reasonable rules and regulations governing:
1. The conduct of barber schools;
2. The course of study of barber schools; and
3. The qualifications required of instructors in barber schools.
Sec. 7. Everyone who owns, manages, operates or controls any barber school, or part or portion thereof, shall:
1. Display a sign at every entrance to the barber school indicating that barbering is done by students exclusively;
2. Have at least two instructors available at all times when active school enrollment is 10 or more students; but if active school enrollment is less than 10 students only one instructor will be required;
3. Comply with all other provisions of this chapter relating to barber schools; and
4. Make no charge for service rendered by the students to the public.
Sec. 8. The board may refuse to issue a license to operate a barber school, refuse to renew a license to operate a barber school, or revoke or suspend a license issued to a barber school for failure to comply with any of the provisions of this chapter or the rules and regulations adopted by the board.
Sec. 9. 1. The board shall not refuse to issue or renew any license to operate a barber school, or revoke or suspend any such license already issued, except upon 20 days notice in writing to the interested parties.
2. The notice shall contain a brief statement of the reason for the contemplated action of the board and shall designate a proper time and place for the hearing of all interested parties before any final action is taken.
3. Due notice, within the provisions of subsection 1, shall be deemed to have been given when the board shall have mailed in a United States post office a copy of the notice, addressed to the designated or last know residence of the person applying for such license or to whom such license has already been issued.
Sec. 10. NRS 643.010 is hereby amended to read as follows:
643.010 As used in this chapter:
κ1959 Statutes of Nevada, Page 325 (CHAPTER 259, AB 135)κ
1. Barber school includes school of barbering, college of barbering, barber college, and any other place or institution of instruction training persons to engage in the practice of barbering.
[1.] 2. Barbershop embraces any establishment or place of business wherein the practice of barbering is engaged in or carried on.
[2.] 3. Board means the state barbers health and sanitation board.
4. Instructor means any barber holding a valid certificate of registered barber and meeting the qualifications required by the board.
[3.] 5. Practice of barbering is defined to be any of, or any combination of, or all of the following practices for cosmetic purposes:
(a) Shaving or trimming the beard, or cutting or trimming the hair.
(b) Giving facial or scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or mechanical appliances.
(c) Singeing, shampooing or dyeing the hair, or applying hair tonics.
(d) Applying cosmetic preparations, antiseptics, powders, oils or lotions to the scalp, face or neck.
[4.] 6. Practitioner of barbering means every person engaged in any of the practices designated in subsection [3.] 5.
7. Student means a person receiving instruction in a barber school.
Sec. 11. NRS 643.050 is hereby amended to read as follows:
643.050 1. The board shall have the authority to make reasonable rules and regulations for the administration of the provisions of this chapter.
2. The board shall prescribe sanitary requirements for barbershops and barber schools.
3. Any member of the board or its agents or assistants shall have authority to enter and inspect any barbershop or barber school [or college] at any time during business hours [.] or at any time when the practice of barbering or instruction in such practice is being carried on.
4. The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of certificates of registration. This record shall also contain the name, place of business and residence of each registered barber and registered apprentice, and the date and number of his certificate of registration. This record shall be open to public inspection at all reasonable times.
5. The board shall have power to approve and, by official order, to establish the days and hours when barbershops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the board by any organized and representative group of barbers of at least 70 percent of the barbers of any county. The board shall have like power to investigate the reasonableness and propriety of the hours fixed by such agreement, as is conferred by this chapter, and the board may fix hours for any portion of a county.
6. The board shall have authority to adopt and enforce reasonable rules and regulations governing the conduct of barber schools.
7. The board shall have authority to prescribe the course of study of barber schools.
Sec. 12. NRS 643.070 is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 326 (CHAPTER 259, AB 135)κ
643.070 Any person is qualified to receive a [license as a practitioner of barbering:] certificate of registered barber:
1. Who is qualified under the provisions of NRS 643.080.
2. Who is at least 18 years of age.
3. Who is of good moral character and temperate habits.
4. Who has practiced as a registered apprentice for a period of 18 months under the immediate personal supervision of a registered barber.
5. Who has passed [a satisfactory] an examination conducted by the board to determine his fitness to practice as a registered barber.
6. Who has had a chest X-ray, the results of which indicate he is not tuberculous, and a blood test, the results of which indicate he is not a carrier of communicable diseases.
Sec. 13. NRS 643.080 is hereby amended to read as follows:
643.080 Any person is qualified to receive a certificate of registration as a registered apprentice:
1. Who is at least 16 1/2 years of age.
2. Who is of good moral character and temperate habits.
3. Who has graduated from a school of barbering approved by the board.
4. Who has passed [a satisfactory] an examination conducted by the board to determine his fitness to practice as a registered apprentice.
5. Who has had a chest X-ray, the results of which indicate he is not tuberculous, and a blood test, the results of which indicate he is not a carrier of communicable diseases.
Sec. 14. NRS 643.110 is hereby amended to read as follows:
643.110 1. An applicant for a license as a practitioner of barbering who fails to pass a satisfactory examination conducted by the board must continue to practice as an apprentice for an additional 3 months before he is again entitled to take the examination for a registered barber.
2. An applicant for a certificate of registration to practice as an apprentice who fails to pass [a satisfactory] the examination provided for in NRS 643.080 must complete a further study as prescribed by the board in a barber school [of barbering] approved by the board.
Sec. 15. NRS 643.130 is hereby amended to read as follows:
643.130 A certificate of registered barber or of registered apprenticed shall be issued by the board to any applicant who shall:
1. Pass [a satisfactory] an examination [.] as provided for in NRS 643.070 and 643.080.
2. Possess the other qualifications required by the provisions of this chapter.
3. Meet the requirements as set forth in the rules and regulations of the board.
Sec. 16. NRS 643.140 is hereby amended to read as follows:
643.140 1. Every registered barber and every registered apprentice who continues in active practice or service shall annually, on or before April 1 of each year, renew his certificate of registration and pay the required fee, and shall file a certificate in the manner provided in subsection 5 of NRS 643.090, certifying that he is free from tuberculosis and other communicable diseases. The board shall fix the annual renewal license fee, which shall not be more than $5.
κ1959 Statutes of Nevada, Page 327 (CHAPTER 259, AB 135)κ
renewal license fee, which shall not be more than $5. Every certificate of registration which has not been renewed during the month of April in any year shall expire on May 1 in that year.
2. A registered barber or a registered apprentice whose certificate of registration has expired may have his certificate restored immediately upon payment of the required restoration fee at any time within 5 years after the expiration of his certificate of [restoration.] registration. The board shall fix the restoration fee, which shall not be more than $25.
[3. Any registered barber who retires from the practice of barbering may, at any time within 5 years thereafter, renew his certificate of registration upon payment of the required restoration fee.]
Sec. 17. NRS 643.200 is hereby amended to read as follows:
643.200 1. It shall be unlawful [:] for any barber or apprentice:
(a) [For any barber or apprentice knowingly] Knowingly to continue the practice of barbering, or for any student knowingly to continue as a student in any school or college of barbering while such person has an infectious, contagious or communicable disease.
[(b) To own, manage, operate or control any barbershop unless continuously hot and cold running water, if possible, be provided for therein.
(c) To own, manage, operate or control any barber school or college or part or portion thereof, whether connected therewith or in a separate building, wherein the practice of barbering is engaged in or carried on unless all entrances to the place wherein the practice of barbering is so engaged in or carried on shall display a sign indicating that the work therein is done by students exclusively.
(d) To own, manage, control or operate any barbershop unless the same display a recognized sign indicating that it is a barbershop, which sign shall be clearly visible at the main entrance to the shop.
(e)] (b) To use upon one patron a towel that has been used upon another patron unless and until the towel has been relaundered.
[(f)] (c) Not to provide the headrest on each chair with a relaundered towel or a sheet of clean paper for each patron.
[(g)] (d) Not to place around the patrons neck a strip of cotton, towel or neckband so that the hair cloth does not come in contact with the neck or skin of the patrons body.
[(h)] (e) To use in the practice of barbering any styptic pencils, finger bowls, sponges, lump alum or powder puffs. Possession of a styptic pencil, finger bowl, sponge, lump alum or powder puff in a barbershop is prima facie evidence that the same is being used therein in the practice of barbering.
[(i)] (f) To use on any patron any razors, scissors, tweezers, combs, rubber discs or parts of vibrators used on another patron, unless the same be kept in a closed compartment and immersed in boiling water or in a solution of 2 percent carbolic acid, or its equivalent, before each such use.
2. It shall be unlawful to own, manage, control or operate any barbershop unless:
(a) Continuously hot and cold running water be provided for, if possible.
κ1959 Statutes of Nevada, Page 328 (CHAPTER 259, AB 135)κ
(b) A recognized sign is displayed at the main entrance to the shop indicating that it is a barbershop.
3. The board shall have power to make other rules and regulations and prescribe other sanitary requirements in addition to the provisions of [subsection 1] subsections 1 and 2 in aid or furtherance of the provisions of this chapter.
Sec. 18. This act shall become effective upon passage and approval.
________
Senate Bill No. 82Senator Monroe
CHAPTER 260
AN ACT to amend chapter 379 of NRS, relating to county, city and town free public libraries, by providing for the powers and duties of library trustees of county, city and town free public libraries; to repeal NRS section 379.100, relating to powers and duties of library trustees of city and town libraries; by providing that the librarian shall administer the library; and by providing other matters properly relating thereto.
[Approved March 25, 1959]
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 the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The library trustees of any county, city or town free public library, and their successors, shall hold and possess the property and effects of the library and reading room in trust for the public.
2. The library trustees may:
(a) Establish, supervise and maintain a library and reading room.
(b) Make purchases and secure rooms.
(c) Appoint a librarian and other officers and employ assistants.
(d) Establish bylaws and regulations for the management of the library and their own management.
(e) Manage all the property, real and personal, of the library.
(f) Submit annual budgets to the governing body of the county, city or town, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
(g) Acquire and hold real and personal property, by gift, purchase or bequest, for the library and reading room.
(h) Administer any trust declared or created for the library and reading room.
(i) Maintain or defend any action in reference to the property or affairs of the library and reading room.
(j) Do all acts necessary for the orderly and efficient management and control of the library.
Sec. 3. The librarian of any county, city or town free public library shall administer all functions of the library and carry out the policies established by the library trustees.
Sec. 4. NRS 379.100 is hereby repealed.
________
κ1959 Statutes of Nevada, Page 329κ
Senate Bill No. 83Senator Monroe
CHAPTER 261
AN ACT to amend NRS sections 379.020 and 379.090, relating to the establishment and maintenance of free public libraries and to the terms, number and compensation of library trustees, by increasing the number and terms of library trustees; and by providing other matters properly relating thereto.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 379.020 is hereby amended to read as follows:
379.020 1. The board of county commissioners shall appoint [three] five competent persons who are residents of the county, who shall be known as library trustees. [, and who] Three library trustees shall hold office for the terms of 1, 2 and 3 years respectively [.] , and two library trustees shall hold office for terms of 4 years. Annually thereafter, the board of county commissioners shall appoint one library trustee who shall hold office for a term of [3] 4 years [.] , except that in those years in which the terms of two library trustees expire, the board of county commissioners shall appoint two library trustees for terms of 4 years. Library trustees shall hold office until their successors are appointed and qualified.
2. All vacancies which may occur at any time in the office of library trustee shall be filled by appointment by the board of county commissioners.
3. Library trustees shall serve without compensation.
Sec. 2. NRS 379.090 is hereby amended to read as follows:
379.090 1. After ordering the establishment of a free public library in a city or unincorporated town as provided in NRS 379.070, or after ordering the creation of a county library district and the establishment of a free public library therein as provided in NRS 379.080, the board of county commissioners shall appoint [three] five competent persons who are residents of such city, unincorporated town or county library district, who shall be known as library trustees. [, and who] Three library trustees shall hold office for the terms of 1, 2 and 3 years respectively [.] , and two library trustees shall hold office for terms of 4 years. Annually thereafter, the board of county commissioners shall appoint one library trustee who shall hold office for a term of [3] 4 years [.] , except that in those years in which the terms of two library trustees expire, the board of county commissioners shall appoint two library trustees for terms of 4 years. Library trustees shall hold office until their successors are appointed and qualified.
2. A vacancy in the office of library trustee occurring other than by expiration of term shall be filled by appointment by the board of county commissioners for the unexpired term.
3. Library trustees shall serve without compensation.
________
κ1959 Statutes of Nevada, Page 330κ
Senate Bill No. 87Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 262
AN ACT to amend NRS section 706.550, relating to mileage license fees on motor vehicle carriers, by adding a reference in subsection 1 to NRS 706.530.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.550 is hereby amended to read as follows:
706.550 1. In lieu of the license fees set forth in NRS 706.530 and 706.540, the department may, at its discretion, where it is shown that adequate records are being maintained, permit any person engaged in the operation of a vehicle, combinations of vehicles, or fleets of vehicles or combinations for the carriage of persons or property, who operates in interstate commerce, both within and without the state, to pay a mileage fee upon all power unit mileage traveled within the State of Nevada in the statutory licensing period at the following per-mile rates for total miles traveled in that period:
For the first 75,000 power unit miles of travel, per mile........................... 2.5 cents
For the next 175,000 power unit miles of travel, per mile........................ 2.0 cents
For the next 750,000 power unit miles of travel, per mile........................ 1.5 cents
For the next 1,000,000 power unit miles of travel, per mile................... 1.25 cents
For all power unit miles in excess of 2,000,000, per mile........................... 1.0 cent
2. In order to qualify under this plan, each such person shall:
(a) Annually file a sworn application with the department declaring the total mileage operated by such vehicle or combinations of vehicles or fleets of vehicles or combinations in all states and in this state during the preceding statutory licensing period and describing and identifying each such vehicle or combination of vehicles to be operated in this state during the ensuing license year; and
(b) Make an advance deposit not less than an amount obtained by applying the proportion of in-state power unit miles to total power unit miles as reported in the statement to the fees which would otherwise be required for licensing all such power units or fleets of power units together with one each of the trailing vehicles ordinarily towed by such power units. This amount shall be entered to the credit of each person so qualifying under this plan and shall be applied against amounts which may become due under the schedule of rates set forth in subsection 1. The advance deposit shall be considered the minimum amount due under this plan and shall not be subject to refund nor credited to the deposit required for any subsequent license period.
3. Mileage proportions for vehicles, combinations of vehicles, or fleets of vehicles or combinations not licensed in this state during the preceding year will be determined by the department upon the sworn application of the applicant on forms to be supplied which will show the operations of the vehicles or combinations of vehicles during the preceding year in such detail as the department may require and the estimated operation in all states and in this state in the current year; or if no operations were conducted during the preceding year, a full statement shall be made of the proposed method of operation.
κ1959 Statutes of Nevada, Page 331 (CHAPTER 262, SB 87)κ
preceding year will be determined by the department upon the sworn application of the applicant on forms to be supplied which will show the operations of the vehicles or combinations of vehicles during the preceding year in such detail as the department may require and the estimated operation in all states and in this state in the current year; or if no operations were conducted during the preceding year, a full statement shall be made of the proposed method of operation.
4. In addition to the fees per mile set forth in subsection 1, there shall be assessed an annual fee of $5 for each power unit qualified to operate in Nevada under this plan, for which fee there shall be issued proper vehicle identification, and such fee shall be considered as a nonrefundable administrative charge which shall not be credited to the account of the licensee.
5. Each power unit licensed under this section being operated in a combination with trailing vehicles shall bear a license plate or some other emblem identifying such combination, and when bearing such a plate or emblem such combination shall be deemed to be properly licensed and it shall be unnecessary for any license plate or emblem to be affixed to the trailing vehicle therein.
6. The department is authorized to adopt and promulgate such rules and regulations and to take such safeguards to insure payment as in its judgment are necessary to the proper enforcement of the provisions of this section, and in the event of a dispute or controversy over any of the provisions of this section, the departments decision with respect thereto shall be final.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 113Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)
CHAPTER 263
AN ACT to amend NRS section 681.030 relating to the classification of casualty, fidelity and surety insurance by changing certain provisions relating to fidelity and surety insurance.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 681.030 is hereby amended to read as follows:
681.030 Class 2 is:
1. Accident and health. Insurance against bodily injury, disablement or death by accident and against disablement resulting from sickness and every insurance appertaining thereto.
2. Motor vehicle and aircraft insurance. Insurance against loss of or damage resulting from any cause to motor vehicles or aircraft and and their equipment, and against legal liability of the insured for loss or damage to the property of another resulting from the ownership, maintenance or use of motor vehicles or aircraft, and against loss, damage or expense incident to a claim of such liability.
κ1959 Statutes of Nevada, Page 332 (CHAPTER 263, SB 113)κ
3. Liability. Insurance against the liability of the insured for the death, injury or disability of an employee or other person, and insurance against the liability of the insured for damage to or destruction of another persons property.
4. Burglary and theft.
(a) Insurance against loss of or damage to any property resulting from burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation or wrongful conversion, disposal or concealment by any person or persons, or from any attempt at any of the foregoing; and
(b) Insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances, or any other valuable papers or documents, resulting from any cause, except while in the custody or possession of and being transported by any carrier for hire or in the mail; and
(c) Insurance of individuals by means of an all-risk type of policy commonly known as the personal property floater against any kind and all kinds of loss of or damage to, or loss of use of, any personal property other than merchandise.
5. Glass. Insurance against loss of or damage to glass and its appurtenances resulting from any cause.
6. Fidelity and surety.
[(a) Guaranteeing the fidelity of persons holding positions of public or private trust.
(b) Becoming surety on, or guaranteeing the performance of, any lawful contract except the following:
(1) A contract of indebtedness secured by title to, or mortgage upon, or interest in, real or personal property.
(2) A bond or undertaking of the kind specified in paragraph (c).
(3) Any insurance contract except as authorized pursuant to NRS 682.550.
(c) Becoming surety on, or guaranteeing the performance of, bonds and undertaking required or permitted in all judicial proceedings or otherwise by law allowed, including surety bonds accepted by states and municipal authorities in lieu of deposits as security for the performance of insurance contracts.
(d) Guaranteeing contracts of indebtedness secured by any title to, or interest in, real property, only to the extent required for the purpose of refunding, extending, refinancing, liquidating or salvaging obligations heretofore lawfully made and guaranteed.
(e) Indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debts, deeds, mortgages, warehouse receipts, or other valuable papers, documents, money, precious metals and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation; also against loss or damage to such an insureds premises, or to his furnishings, fixtures, equipment, safes and vaults therein, caused by burglary, robbery, theft, vandalism, or malicious mischief, or any attempt thereat.]
κ1959 Statutes of Nevada, Page 333 (CHAPTER 263, SB 113)κ
therein, caused by burglary, robbery, theft, vandalism, or malicious mischief, or any attempt thereat.]
(a) Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust.
(b) Insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, undertakings and contracts of suretyship.
(c) Insurance indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss, resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts or other valuable papers, documents, money, precious metals and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation; also insurance against loss or damage to such an insureds premises or to his furniture, furnishings, fixtures, equipment, safes, and vaults therein, caused by burglary, robbery, theft, vandalism or malicious mischief, or any attempt thereat.
7. Miscellaneous.
(a) Insurance against loss or damage to property and any liability of the insured caused by accidents to boilers, pipes, pressure containers, machinery, and apparatus of any kind and any apparatus connected thereto, or used for creating, transmitting or applying power, light, heat, steam or refrigeration, making inspection of and issuing certificates of inspection upon elevators, boilers, machinery and apparatus of any kind and all mechanical apparatus and appliances appertaining thereto.
(b) Insurance against loss or damage by water entering through leaks or openings in buildings, or from the breakage or leakage of a sprinkler, pumps, water pipes, plumbing, and all tanks, apparatus, conduits, and containers designed to bring water into buildings or for its storage or utilization therein, or caused by the falling of a tank, tank platform, or supports, or against loss or damage from any cause (other than causes specifically enumerated under class 3) to such sprinkler, pumps, water pipes, plumbing, tanks, apparatus, conduits, or containers.
(c) Insurance against loss or damage which may result from the failure of debtors to pay their obligations to the insured and insurance of the payment of money for personal services under contracts of hiring.
8. Other casualty risks. Insurance against any other casualty risk not otherwise specified under classes 1 or 3, which may lawfully be the subject of insurance and may properly be classified under class 2.
9. Contingent losses. Contingent, consequential and indirect coverages wherein the proximate cause of the loss is attributable to any one of the causes enumerated under class 2. Such coverages shall, for the purpose of classification, be included in the specific grouping of the kinds of insurance wherein such cause is specified.
κ1959 Statutes of Nevada, Page 334 (CHAPTER 263, SB 113)κ
10. Workmens compensation and employers liability insurance. Insurance against the legal liability, whether imposed by common law or by statute or assumed by contract, of any employer for death or disablement of, or injury to, his or its employee.
________
Senate Bill No. 121Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)
CHAPTER 264
AN ACT to amend NRS section 683.090 relating to the revocation and suspension of licenses of foreign or alien insurance companies by providing for the imposition of a fine; and providing other matters properly relating thereto.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 683.090 is hereby amended to read as follows:
683.090 1. The commissioner may revoke or suspend the license of a foreign or alien company or in lieu thereof may impose a fine not to exceed $2,000 whenever he shall find that such company:
(a) Is insolvent;
(b) Fails to comply with the minimum requirements for admission in respect to capital, contingent liability, the investment of its assets or the maintenance of deposits in this or another state, or fails to maintain the initial required surplus of [similar] domestic companies transacting the same kind or kinds of business;
(c) Conducts its business fraudulently, does not carry out its contracts in good faith or, habitually and as a matter of ordinary practice and custom, compels claimants under policies to either accept less than the amount due under the terms of the policies or to resort to litigation against such insurer to secure the payment of the amount due;
(d) Has refused or neglected to pay a valid final judgment against such company within 30 days after the rendition of such judgment.
[(d)] (e) Has violated any insurance law of this state or has in this state violated its charter or exceeded its corporate powers;
[(e)] (f) Has refused to submit its books, papers, accounts, records or affairs to the reasonable inspection or examination of the commissioner [, his actuaries, supervisors, deputies or examiners;] or his duly authorized representative;
[(f)] (g) Has an officer [in this state] who had refused upon reasonable demand to be examined under oath touching its affairs;
[(g)] (h) Fails to file its annual statement within 30 days after the date when it is required by law to file such statement;
[(h)] (i) Fails to pay any fees, taxes or charges prescribed by this Title within 30 days after they are due and payable; but in case of objection or legal contest the company shall not be required to pay the tax until 30 days after final disposition of the objection or legal contest;
[(i)] (j) Fails to file any report or reports 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 or reports;
κ1959 Statutes of Nevada, Page 335 (CHAPTER 264, SB 121)κ
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 or reports;
[(j)] (k) Has had its corporate existence dissolved or its certificate of authority revoked in the state in which it was organized; [or
(k)] (l) Has had all its risks reinsured in their entirety in another company [.] ; or
(m) Has committed any act for which a domestic companys license may be suspended or revoked not specifically stated in this section which is also applicable to a foreign or alien company.
2. Except for the grounds stated in [paragraph (h)] paragraphs (a), (b) and (i) of subsection 1, the commissioner shall not revoke or suspend the license of or impose a fine upon a foreign or alien company until he has given the company at least 20 days notice of the proposed [revocation or suspension] action and of the grounds therefor and has afforded the company an opportunity for a full hearing. In those instances covered by paragraphs (a), (b) and (i) of subsection 1, the commissioner may issue an order prohibiting the company from writing any insurance on risks located in Nevada until such time as the hearing is held or the violation has been corrected.
________
Senate Bill No. 123Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)
CHAPTER 265
AN ACT to amend NRS section 694.400 relating to the suspension of licenses of rating organizations or insurers in the regulation of insurance rates.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 694.400 is hereby amended to read as follows:
694.400 1. The commissioner may, in addition to any other penalty provided by law, suspend the license of any rating organization or insurer which fails to comply with an order of the commissioner within the time limited by such order, or any extension thereof which the commissioner may grant. The commissioner shall not suspend the license of any rating organization or insurer for failure to comply with an order until the time prescribed for an appeal therefrom has expired or, if an appeal has been taken, until such order has been affirmed. The commissioner may determine when a suspension of license shall become effective and it shall remain in effect for the period fixed by him, unless he modifies or rescinds such suspension, or until the order upon which suspension is based is modified, rescinded or reversed.
2. No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the commissioner, stating his findings, made after a hearing held upon not less than [10] 20 days written notice to such person or organization specifying the alleged violation.
________
κ1959 Statutes of Nevada, Page 336κ
Senate Bill No. 128Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)
CHAPTER 266
AN ACT to amend NRS section 692.140 relating to the form of uniform individual accident and sickness insurance policies.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 692.140 is hereby amended to read as follows:
692.140 1. No policy of accident and sickness insurance shall be delivered or issued for delivery to any person in this state unless:
(a) The entire money and other considerations therefor are expressed therein; and
(b) The time at which the insurance takes effect and terminates is expressed therein; and
(c) It purports to insure only one person, except that a policy may insure, originally or by subsequent amendment upon the application of the head of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children or any children under a specified age which shall not exceed 19 years, and any other person dependent upon the policyholder; and
(d) The style, arrangement and over-all appearance of the policy give no undue prominence to any portion of the text, and unless every printed portion of the text of the policy and of any endorsements or attached papers is plainly printed in light-face type of a style in general use, the size of which shall be uniform and not less than 10-point with a lowercase unspaced alphabet length not less than 120-point (the text shall include all printed matter except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions); and
(e) The exceptions and reductions of indemnity are set forth in the policy and, except those which are set forth in NRS 692.150 to 692.440, inclusive, are printed, at the insurers option, either included with the benefit provision to which they apply, or under an appropriate caption such as exceptions, or exceptions and reductions; but if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of such exception or reduction shall be included with the benefit provision to which it applies; and
(f) Each such form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page thereof; and
(g) It contains no provision purporting to make any portion of the charter, rules, constitution or bylaws of the insurer a part of the policy unless such portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risks, or short rate table filed with the commissioner.
2. Every individual accident and health policy or contract, except nonrenewable accident policies, issued for delivery in the State of Nevada on or after June 1, 1960, by an insurance company, nonprofit hospital service plan or medical service corporation, shall have printed thereon or attached thereto a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within 10 days of its delivery to such person and to have the premium paid refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason.
κ1959 Statutes of Nevada, Page 337 (CHAPTER 266, SB 128)κ
nonrenewable accident policies, issued for delivery in the State of Nevada on or after June 1, 1960, by an insurance company, nonprofit hospital service plan or medical service corporation, shall have printed thereon or attached thereto a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within 10 days of its delivery to such person and to have the premium paid refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason. If a policyholder or purchaser, pursuant to such notice, returns the policy or contract to the company or association at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued.
[2.] 3. If any policy is issued by an insurer domiciled in this state for delivery to a person residing in another state, and if the official having responsibility for the administration of the insurance laws of such other state shall have advised the commissioner that any such policy is not subject to approval or disapproval by such official, the commissioner may by ruling require that such policy meet the standards set forth in [subsection 1] subsections 1 and 2 of this section and in NRS 692.150 to 692.440, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 207Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 267
AN ACT to amend NRS section 366.510, relating to remittances in payment of special fuel tax assessments, by providing that such remittances shall be paid to the department of motor vehicles.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.510 is hereby amended to read as follows:
366.510 1. Every remittance in payment of an assessment or reassessment shall be payable to the [state treasurer.] department.
2. If any assessment or reassessment is not paid on or before the date it becomes final, there shall be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the tax.
________
κ1959 Statutes of Nevada, Page 338κ
Senate Bill No. 209Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 268
AN ACT to repeal chapter 515 of NRS, relating to the mineral land commissioner.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 515 of NRS is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 229Committee on State Institutions (by request of Nevada State Hospital)
CHAPTER 269
AN ACT to amend NRS section 433.280, relating to commitment of inebriates, dipsomaniacs and drug addicts to the Nevada state hospital for indeterminate periods, by providing conditions under which such patients may be discharged.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.280 is hereby amended to read as follows:
433.280 1. If, after a hearing and examination, the judge believes the person charged in an inebriate or dipsomaniac, or that such person is a drug addict, and has been a resident of Nevada for more than 1 year, he shall make an order committing such person to the hospital for an indeterminate period of not [less than 6 months nor] more than 1 year; but no such order shall be made in respect to any person who has theretofore been committed to and has received treatment at the hospital unless there has been first filed with the court a written report of the superintendent stating that the person is a suitable case for treatment at the hospital, and if such report is not filed the person so charged shall forthwith be discharged by the court. The judge shall interview such person prior to commitment, unless the interview is waived for cause upon a physicians certificate. A full transcript of the proceedings in the district court shall be filed with the superintendent within 30 days after the commitment.
2. The superintendent may discharge any patient committed under subsection 1 of this section at any time if, in the opinion of the superintendent:
(a) Discharge would be in the best interest of the patient; or
(b) The patient has achieved maximum benefit from hospitalization.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 339κ
Senate Bill No. 232Committee on State and County Affairs
CHAPTER 270
AN ACT to amend NRS sections 354.025 and 354.360, relating to the tentative budgets of counties and political subdivisions, by requiring the submission of tentative budgets to the Nevada tax commission for examination; by requiring the Nevada tax commission to ascertain whether budgets comply with law, and providing other matters properly relating thereto.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.025 is hereby amended to read as follows:
354.025 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.
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 if 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.
4. The board of county commissioners shall submit a copy of the tentative budget to the Nevada tax commission at least 10 days prior to the public hearing. The budget shall be accompanied by notice of the contemplated date of the public hearing.
5. The Nevada tax commission shall examine the tentative budget for compliance with law and submit to the board of county commissioners, prior to the public hearing, a written certification of compliance or a written notice of lack of compliance. The written notice shall indicate the manner in which the tentative budget fails to comply with law and shall be read at the public hearing.
Sec. 2. NRS 354.360 is hereby amended to read as follows:
354.360 1. Before the completion and approval of the budget, when the governing board of 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 political subdivision for the next fiscal year starting the following July 1, the governing board 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.
κ1959 Statutes of Nevada, Page 340 (CHAPTER 270, SB 232)κ
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 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 political subdivision, but if no such newspaper is published within the political subdivision then in some newspaper published in the State of Nevada and having a general circulation in the political subdivision.
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.
4. The governing board of each political subdivision shall submit a copy of the tentative budget to the Nevada tax commission at least 10 days prior to the public hearing. The budget shall be accompanied by notice of the contemplated date of the public hearing.
5. The Nevada tax commission shall examine the tentative budget for compliance with law and submit to the governing board, prior to the public hearing, a written certification of compliance or a written notice of lack of compliance. The written notice shall indicate the manner in which the tentative budget fails to comply with law and shall be read at the public hearing.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 257Senator Dial (by request)
CHAPTER 271
AN ACT to amend NRS section 691.040, relating to the standard fire insurance policy, by providing that insurers may include in or affix to such policy a statement that losses or damage caused by nuclear reaction, nuclear radiation or radioactive contamination are not covered; and by providing other matters properly relating thereto.
[Approved March 25, 1959]
Whereas, The 1943 New York Standard Form of Fire Insurance Policy, as adopted by the provisions of NRS 691.040, was not and is not intended to, and does not, cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, whether directly or indirectly resulting from an insured peril under the 1943 New York Standard Form of Fire Insurance Policy; and
Whereas, It is desirable in the public interest that statutory notice of such intention and fact be given; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 691.040 is hereby amended to read as follows:
691.040 1. The standard fire insurance policy known as the 1943 New York Standard Form of Fire Insurance Policy, a copy of which was filed by the commissioner in his office on September 15, 1943, with the date of such filing endorsed thereon by him, is hereby adopted as the standard form of fire insurance policy for this state.
κ1959 Statutes of Nevada, Page 341 (CHAPTER 271, SB 257)κ
New York Standard Form of Fire Insurance Policy, a copy of which was filed by the commissioner in his office on September 15, 1943, with the date of such filing endorsed thereon by him, is hereby adopted as the standard form of fire insurance policy for this state. All such 1943 New York Standard Form of Fire Insurance Policies issued or outstanding in this state after September 15, 1943, shall be valid. No fire insurance policy or any renewal of any such policy on property in this state shall be issued or delivered in this state after April 1, 1947, in other than such standard form, except only as provided in this section and the following sections of this chapter, and except that there may be issued riders, endorsements, clauses, permits, forms or other memoranda, to be attached to and made a part of such fire insurance policy not inconsistent therewith.
2. Insurers issuing the standard policy pursuant to this section are hereby authorized to affix thereto or include therein a written statement that the policy does not cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, whether directly or indirectly resulting from an insured peril under such policy. Nothing contained in this subsection shall construed to prohibit the attachment to any such policy of an endorsement or endorsements specifically assuming coverage for loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination.
3. This section shall not be applicable to policies of insurance on any vehicle, motor or otherwise, to marine and transportation policies, or to policies of reinsurance between companies.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 288Senator Brown
CHAPTER 272
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 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 3/4 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as added by chapter 50, Statutes of Nevada 1945, at page 65, and last amended by chapter 193, Statutes of Nevada 1951, at page 283, is hereby repealed.
Sec. 2. The above-entitled act, being chapter 132, Statutes of Nevada 1911, is hereby amended by adding to Chapter II thereof a new section which new section shall be designated as section 5.60 which shall immediately follow section 5 1/2 and shall read as follows:
Section 5.60. System of Civil Service Established. There is hereby created a system of civil service of the city of Las Vegas, applicable to and governing all employees of the city of Las Vegas, Nevada, except duly elected officials, the city manager, department heads and the chief deputy or assistant to the department head or elected official.
κ1959 Statutes of Nevada, Page 342 (CHAPTER 272, SB 288)κ
and governing all employees of the city of Las Vegas, Nevada, except duly elected officials, the city manager, department heads and the chief deputy or assistant to the department head or elected official. The said system of civil service shall be based upon merit principles of personnel administration which shall contain the fundamental conditions of service and the basic rights, duties and obligations of the employees of the city of Las Vegas.
To the end that there may be no undue hardship imposed upon any officer or employee of said city who shall have attained a certain grade, rank or position pursuant to chapter 193, Statutes of Nevada 1951, and rules and regulations adopted as therein authorized, as a result of continuous service, every officer and employee who has been in the employ of said city for more than six (6) months immediately prior to the adoption of this amendatory act, as who is otherwise qualified as a regular employee, shall be entered into the civil service of the city and to the position, grade or rank held by such officer and employee at the time of the adoption of this amendatory act. All other officers and employees, not otherwise excluded from civil service, shall be regarded as probationary employees who are serving out the balance of their working test period before obtaining regular status.
Sec. 3. The above-entitled act, being chapter 132, Statutes of Nevada 1911, is hereby amended by adding to Chapter II thereof a new section which new section shall be designated as section 5.65 which shall immediately follow section 5.60 and shall read as follows:
Section 5.65. Civil Service Board Created-Qualifications of Members-Duties. (a) There is hereby created a civil service board to consist of five (5) members to be appointed by the mayor and board of commissioners. The term for each member shall be four (4) years; provided, however, that the first board shall have one member appointed for a term of one year, one member for a term of two years, one member for a term of three years, and two members for a term of four years. Upon the expiration of such terms, all vacancies shall thereafter be filled by appointments for a term of four years. Terms of the members now on the civil service board shall be adjusted to comply as nearly as possible with the terms set forth above and those members now on the board who desire and continue in office shall be appointed to the first board. All vacancies on the board shall be filled as for an original appointment and shall be for the full unexpired term. Every member of the board must be a qualified elector of the city of Las Vegas, Nevada. Any member of the board may be removed for misfeasance, malfeasance and neglect of duty; provided, however, no member may be so removed without a hearing before the board of city commissioners upon ten (10) days notice, unless such member consents in writing that such hearing not be held. Every member of the board shall be known to be in sympathy with the merit principle as applied to civil service, and shall neither hold nor be a candidate for any other public office or position. Members of the board shall serve without remuneration, except for necessary expenses incurred in performing their duties as members of the board.
(b) The board shall keep minutes of its own proceedings and shall prepare and recommend to the city commission proposed rules and regulations for the administration of the civil service system established by section 5.60.
κ1959 Statutes of Nevada, Page 343 (CHAPTER 272, SB 288)κ
regulations for the administration of the civil service system established by section 5.60. All such rules and regulations shall be consistent with the provisions of this act and shall be of no force or effect unless such rules and regulations, and subsequent recommended changes therein, shall have been adopted by the city commission as an ordinance in the manner prescribed by law. Such rules and regulations, when so adopted, shall be published in booklet form and a copy thereof shall be made available to each employee whose employment is affected thereby. Said rules and regulations may be amended by ordinance and all such amendments shall be made available to each employee whose employment is affected by this provision. In addition to the matters provided in section 5.60, and such other matters as may be deemed proper, such rules and regulations shall also include the following:
(1) Classification of all persons subject to such rules.
(2) Selection, employment, advancement, suspension, demotion and discharge of all such employees, including investigations, hearings and other matters related thereto.
(3) Open, competitive examinations for testing the fitness of all applicants for positions subject to such rules and regulations, as well as noncompetitive examinations in all proper cases when competent persons do not compete, after notice has been given of the existence of a vacancy. The manner of giving such notice shall be prescribed by such rules and regulations.
(4) A period of probation before any absolute or permanent appointment or employment is given.
(c) The board shall have the power to examine witnesses under oath and compel their attendance or production of evidence before it by subpenas issued in the name of the state and attested by the city clerk, in all investigations or hearings conducted by said board.
Sec. 4. Section 30 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 33, Statutes of Nevada 1957, at page 43, 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] by title as first introduced, of 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] by title 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.
κ1959 Statutes of Nevada, Page 344 (CHAPTER 272, SB 288)κ
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 filed with the city clerk for use and examination of the public for at least one week prior to the adoption of the ordinance adopting such revision or codification, and shall thereafter be adopted by the board after the same has been read [in full] by title 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 or looseleaf 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 became 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 the first paragraph of 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] may adopt 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] first paragraph 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.
κ1959 Statutes of Nevada, Page 345 (CHAPTER 272, SB 288)κ
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. 5. Section 31 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 33, Statutes of Nevada 1957, at page 44, 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.
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.
κ1959 Statutes of Nevada, Page 346 (CHAPTER 272, SB 288)κ
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. 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 work 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.
κ1959 Statutes of Nevada, Page 347 (CHAPTER 272, SB 288)κ
due in connection therewith. All facilities or improvements constructed under the provision 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 stores, 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 dyeing 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, planning 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.
κ1959 Statutes of Nevada, Page 348 (CHAPTER 272, SB 288)κ
and dyeing 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, planning 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.
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 on 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.
κ1959 Statutes of Nevada, Page 349 (CHAPTER 272, SB 288)κ
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.
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.
κ1959 Statutes of Nevada, Page 350 (CHAPTER 272, SB 288)κ
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 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 the 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, on 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 animal 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.
κ1959 Statutes of Nevada, Page 351 (CHAPTER 272, SB 288)κ
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.
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.
κ1959 Statutes of Nevada, Page 352 (CHAPTER 272, SB 288)κ
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.
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.
κ1959 Statutes of Nevada, Page 353 (CHAPTER 272, SB 288)κ
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.
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 on 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.
κ1959 Statutes of Nevada, Page 354 (CHAPTER 272, SB 288)κ
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.
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 of 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 can 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.
κ1959 Statutes of Nevada, Page 355 (CHAPTER 272, SB 288)κ
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 office 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.
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 of 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.
κ1959 Statutes of Nevada, Page 356 (CHAPTER 272, SB 288)κ
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.
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.
κ1959 Statutes of Nevada, Page 357 (CHAPTER 272, SB 288)κ
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. 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. Notwithstanding any other provisions of this subsection, the construction, maintenance and repair of sidewalks, curbs and gutters within the city of Las Vegas is hereby declared by the legislature to be a governmental function, and no action, suit or proceeding shall be instituted or maintained against the city of Las Vegas, its officers and agents, for injuries to persons or property resulting in any failure on the part of the city of Las Vegas, its officers and agents, to construct, maintain or repair any sidewalk, curb or gutter within the city.
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 moral 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. 6. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 358κ
Senate Bill No. 307Senator Gallagher
CHAPTER 273
AN ACT to amend an act entitled An Act fixing the compensation of county officers in White Pine county, State of Nevada, and matters pertaining to the collection and disposition of fees arising from such offices, regulating the conduct thereof, and to repeal all acts and parts of acts in conflict therewith, approved February 27, 1953, as amended.
[Approved March 25, 1959]
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 29, Statutes of Nevada 1953, as amended by chapter 186, Statutes of Nevada 1957, at page 268, is hereby amended to read as follows:
Section 2. The district attorney shall receive an annual salary of [$6,000,] $6,600, payable in equal monthly installments, for all his services as such officer. He may in addition have and retain all fees allowed by law when acting as ex officio public administrator. He may have such deputy or deputies, to be named by him, as the board of county commissioners of White Pine county, by majority consent, may deem necessary, and at such times and for such time as they may direct. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The district attorney shall receive no fees or compensation other then as herein provided for the performance of his official duties.
Sec. 2. Section 3 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, as amended by chapter 186, Statutes of Nevada 1957, at page 268, is hereby amended to read as follows:
Section 3. The county clerk shall receive an annual salary of [$6,000,] $6,600, payable in equal monthly installments for all his services in said office, and may be allowed such deputies, to be named by him, as the board of county commissioners of White Pine county by majority consent may deem necessary, at a salary to be fixed by the county commissioners. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expense shall be first audited and allowed by the board of county commissioners.
Sec. 3. Section 4 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, as amended by chapter 186, Statutes of Nevada 1957, at page 268, is hereby amended to read as follows:
Section 4. The county treasurer and ex officio tax collector shall receive an annual salary of [$6,000] $6,600, payable in equal monthly installments, for all his services in said office, and may be allowed one deputy, to be named by him if the board of county commissioners of White Pine county, by majority consent, may deem such deputy necessary, at a salary to be fixed by the county commissioners. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.
κ1959 Statutes of Nevada, Page 359 (CHAPTER 273, SB 307)κ
be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.
Sec. 4. Section 5 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, as amended by chapter 186, Statutes of Nevada 1957, at page 269, is hereby amended to read as follows:
Section 5. The county recorder and auditor of White Pine county shall receive an annual salary of [$6,000,] $6,600, payable in equal monthly installments as compensation for all his services as such officer. He shall collect and pay into the county treasury all such fees as are now provided for by law. He may be allowed such deputies, to be named by him, as the board of county commissioners of White Pine county, by majority consent, may deem necessary. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.
Sec. 5. Section 6 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, as amended by chapter 186, Statutes of Nevada 1957, at page 269, is hereby amended to read as follows:
Section 6. The county assessor of White Pine county shall receive an annual salary of [$6,000,] $6,600, payable in equal monthly installments as compensation for all his services as such officer. He shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He may be allowed such deputies to be named by him as the board of county commissioners of White Pine county, by majority consent, may deem necessary. He shall be allowed all his actual traveling expenses, or that of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners.
Sec. 6. Section 7 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, as amended by chapter 186, Statutes of Nevada 1957, at page 269, is hereby amended to read as follows:
Section 7. The sheriff of White Pine county shall receive an annual salary of [$6,000,] $7,200, payable in equal monthly installments as full compensation for his services to the county as sheriff or in any ex officio capacity of any kind whatsoever, and he shall have one undersheriff to be selected by him, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may fix. He shall be allowed all his actual traveling expenses, to consist of actual costs of his transportation and living expenses, while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of White Pine county such fees as are provided for in NRS 248.290; provided, that in lieu of mileage provided in NRS 248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform said service without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged; provided, that in all cases herein, when the deputy sheriff residing away from the county seat is required, in the performance of a duty or duties of his office, to use his own or a privately owned car in connection with such duty or duties he shall receive therefor the sum of not to exceed 20 cents per mile for each mile necessarily traveled in the performance of any such duty or duties; said claim for mileage shall be audited and allowed by the board of county commissioners.
κ1959 Statutes of Nevada, Page 360 (CHAPTER 273, SB 307)κ
county treasury of White Pine county such fees as are provided for in NRS 248.290; provided, that in lieu of mileage provided in NRS 248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform said service without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged; provided, that in all cases herein, when the deputy sheriff residing away from the county seat is required, in the performance of a duty or duties of his office, to use his own or a privately owned car in connection with such duty or duties he shall receive therefor the sum of not to exceed 20 cents per mile for each mile necessarily traveled in the performance of any such duty or duties; said claim for mileage shall be audited and allowed by the board of county commissioners.
Sec. 7. Section 8 of the above-entitled act, being chapter 29, Statutes of Nevada 1953, as amended by chapter 186, Statutes of Nevada 1957, at page 270, is hereby amended to read as follows:
Section 8. The county commissioners of White Pine county shall each receive an annual salary of [$2,100,] $2,400, payable in equal monthly installments which shall be in full compensation for all services whatsoever required of such commissioners. They shall be allowed all their actual traveling expenses to consist of actual costs of their transportation and living expenses while absent from the county seat, in the performance of their official duties; provided said expenses shall be first audited and allowed by a majority of the board of county commissioners.
Sec. 8. This act shall become effective on July 1, 1959.
________
Assembly Bill No. 113Mr. Parks (by request)
CHAPTER 274
AN ACT to amend NRS sections 501.035, 501.040, 501.045, 501.055, 501.070, 501.075 and 501.095 relating to the definitions of fur-bearing animals, game animals, game fish, migratory game birds, predatory animals, predatory birds and upland game birds; to amend chapter 501 of NRS relating to the application, administration and enforcement of fish and game laws by creating a new provision defining nongame animals; to amend NRS sections 501.110, 501.170, 501.240, 501.320 and 501.330 relating to the classification of wild animals, wild birds and fish, the approval of expenditures made by the state board of fish and game commissioners, reciprocal fishing license agreements with adjoining states, budgets of county game management boards, and the powers of the state board of fish and game commissioners and the county game management boards concerning districts and seasons; and by providing other matters properly relating thereto.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 501.035 is hereby amended to read as follows:
501.035 As used in this Title, fur-bearing animal means and includes the [raccoon,] marten or sable, fisher, beaver, wolverine, silver fox, red fox, muskrat, [badger,] nutria, otter, mink and swift fox.
κ1959 Statutes of Nevada, Page 361 (CHAPTER 274, AB 113)κ
includes the [raccoon,] marten or sable, fisher, beaver, wolverine, silver fox, red fox, muskrat, [badger,] nutria, otter, mink and swift fox.
Sec. 2. NRS 501.040 is hereby amended to read as follows:
501.040 As used in this Title, game animal means and includes the elk, antelope, deer, mountain sheep, mountain goat, black, brown or grizzly bear, javelina, cottontail rabbit, pygmy rabbit, mountain hare, [frogs,] and all species of squirrels other than ground squirrels.
Sec. 3. NRS 501.045 is hereby amended to read as follows:
501.045 As used in this Title, game fish means and includes steelhead and all other trout, charr, whitefish, salmon or landlocked salmon, large-mouth and small-mouth black bass, perch, frogs, and all varieties of sunfish, crappie, bluegill, calico bass and catfish. All other fish shall be deemed coarse fish.
Sec. 4. NRS 501.055 is hereby amended to read as follows:
501.055 As used in this Title, migratory game birds means and includes the band-tailed pigeon, the mourning dove, the white-winged dove, the Anatidae or waterfowl, commonly known as geese, brant, swans, river and diving ducks, the snipe, the rails and the coots.
Sec. 5. NRS 501.070 is hereby amended to read as follows:
501.070 As used in this Title, predatory animal means and includes bobcat, lynx, wolf, mountain lion, coyote, weasel, [and skunk.] skunk, raccoon, badger, and all exotic, wild or semidomesticated wild carnivorous animals.
Sec. 6. NRS 501.075 is hereby amended to read as follows:
501.075 As used in this Title, predatory birds means and includes the sharp-shinned hawk, Coopers hawk, duck hawk, pigeon hawk, western goshawk, prairie falcon, magpie, blackbird, pelican, cormorant, crow, raven, horned owl, English sparrow, blue jay and starling.
Sec. 7. NRS 501.095 is hereby amended to read as follows:
501.095 As used in this Title, upland game birds means and includes the sagehen and sagecock [,] and all other grouse, wild turkey, [pheasant,] all pheasants, bobwhite quail, mountain quail, valley quail, Gambel quail [,] and all other quail, and Hungarian, chukar and all other partridge.
Sec. 8. NRS 501.110 is hereby amended to read as follows:
501.110 1. For the purposes of this Title, wild animals, wild birds and fish shall be classified as follows:
(a) Wild animals shall be classified as either game animals, furbearing animals, nongame animals or predatory animals.
(b) Wild birds shall be classified as either migratory game birds, upland game birds, predator birds or nongame birds.
(c) Fish shall be classified as either game fish or coarse fish.
2. Whenever it is in the public interest to do so, and upon reasonable public notice, the commission may add to or take from any of the appropriate classifications any animal, bird or fish.
Sec. 9. NRS 501.170 is hereby amended to read as follows:
501.170 All accounts for expenditures made or incurred by the commission, the executive board, or by any member of the commission pursuant to the provisions of this Title shall be approved by [the executive board.] an officer or employee of the commission designated by the commission.
κ1959 Statutes of Nevada, Page 362 (CHAPTER 274, AB 113)κ
by the commission. Upon being further approved by the state board of examiners, warrants for the respective amounts shall be drawn on the state treasurer. The officer or employee provided for in the foregoing shall prepare a list of all claims approved each month by him showing the name of the payee, the purpose or materials for which the claim is presented and the amount of the claim. Sufficient copies of this list shall be prepared so that each member of the executive board and the director may be presented with a copy thereof, and they shall examine the same during the regular meetings of the executive board.
Sec. 10. NRS 501.240 is hereby amended to read as follows:
501.240 1. The commission is authorized to enter into reciprocal fishing license agreements with corresponding state or county officials of adjoining states pertaining to licensing for fishing residents of the State of Nevada and adjoining states upon waters forming the boundary between the State of Nevada and adjoining states. Such agreements may include, but are not limited to, provisions by which each state shall honor the license of the other only when there is affixed to such license a stamp purchased from the other state, the charge for such stamp being set by mutual agreement of the states. Such agreements may further include, but are not limited to, provisions specifying the portions of boundary waters to which the agreements apply and providing penalties for violations of the regulations promulgated pursuant to the agreements. All regulations so made shall be established and published in the same manner as other fishing regulations.
2. It is the primary purpose of this section to provide a method whereby the fishing opportunities afforded by the Colorado River, Lake Mead, Lake Mohave, Lake Topaz and Lake Tahoe may be mutually enjoyed by the resident of Nevada and the residents of adjoining states, and it is not intended to cover the waters of rivers which transverse laterally the border of the State of Nevada.
3. Notwithstanding the provisions of NRS 503.290 or any other law, in order to effect conformity with the laws and regulations of an adjoining state which is a party to such an agreement, the commission may, by regulation, authorize the use of fishing devices and equipment, otherwise prohibited by Nevada law, in waters forming the subject of such agreement. All regulations so made shall be established and published in the same manner as other fishing regulations.
4. This section shall not be construed to abrogate, alter or annul any interstate agreement or pact concerning reciprocal fishing licenses which was executed prior to March 4, 1955.
Sec. 11. NRS 501.320 is hereby amended to read as follows:
501.320 1. Annually, not later than [February] May 1, the county board shall prepare a budget for the period ending [the following December 31,] June 30 of the following year, setting forth in detail its proposed expenditures for the preservation and propagation of fish and game within its county, and submit the same to the commission.
2. The commission shall examine the budget in conjunction with its technical adviser, and may increase, decrease, alter or amend the same.
3. Upon approval of the budget the commission shall transmit a copy of the approved budget to the county board, and at the same time withdraw from the fish and game fund and transmit to the county board the sum of money required under the approved budget for disposition by the county board in accordance with the approved budget.
κ1959 Statutes of Nevada, Page 363 (CHAPTER 274, AB 113)κ
withdraw from the fish and game fund and transmit to the county board the sum of money required under the approved budget for disposition by the county board in accordance with the approved budget. All money so received shall be placed in the county fish and game fund.
Sec. 12. NRS 501.330 is hereby amended to read as follows:
501.330 1. For the purposes specified in this Title, the State of Nevada is divided into separate and distinct districts for the protection and preservation of fish and game on the land and in the water.
2. Such enumeration and classification and the specification of the first and last day of the open or of the closed season found in NRS 501.335, 501.345 and 503.090 to 503.130, inclusive, shall not prohibit the commission or the respective county boards from taking any of the following steps by general rules and regulations, or in specific instances, and giving public notice thereof as is elsewhere provided in this chapter:
(a) The creation of districts embracing other or different combinations of counties or parts of counties; but where a district embraces more than one county or parts of more than one county, such district shall only be created upon the unanimous approval of the county boards of each county involved.
(b) The creation of districts embracing contiguous territory located in more than one county irrespective of county boundary lines.
(c) Establishing from time to time the day of the year when an open season shall begin or end in such manner as not to discriminate between residents and nonresidents of this state; but nonresident hunting seasons may be created by the commission by periods, and the fact of such creation shall not be construed as being discriminatory against nonresident hunters, except that no open season shall be longer than the period of time now fixed by law, but may be shorter. The commission, with the approval of the county board or boards in the county or counties affected, may extend the open season or establish a special season in any 1 year in case of emergency arising from overpopulation with respect to any species of game, or for proper game management and control.
(d) Regulating fishing for catfish, black bass, carp and other coarse fish, with discretion as to the beginning, ending or period duration of any open season and otherwise, and as an exception to the existing provisions of law.
[(e) Making such provisions for the licensing of fishing in Lake Mead, Lake Mohave and the Colorado River, as may be deemed convenient to promote reciprocity and uniformity between Nevada and adjoining states and more efficient and harmonious law enforcement.
(f)] (e) Exercising such control on state and county levels through regulations of the commission and the respective county boards as may, in the judgment of such bodies, best conserve the fish resources of the state as a whole and of the respective counties and promote the equitable distribution of fish and fishing opportunities among the people of the respective communities of this state.
[(g)] (f) Providing supervision and control throughout this state over all orders closing the open season temporarily or permanently because of emergency imperiling the preservation and conservation of fish, or otherwise, and requiring the approval of all such orders by the commission before they become effective.
κ1959 Statutes of Nevada, Page 364 (CHAPTER 274, AB 113)κ
fish, or otherwise, and requiring the approval of all such orders by the commission before they become effective.
Sec. 13. Chapter 501 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this Title, nongame animals means and includes all wild animals other than those classified as predatory, fur-bearing or game animals.
Sec. 14. This act shall become effective upon passage and approval.
________
Assembly Bill No. 335Messrs. Harmon and Ryan
CHAPTER 275
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 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 145, is hereby amended by adding thereto a new section to be designated as section 31.3 of Chapter II, which shall immediately follow section 31.2 of Chapter II and shall read as follows:
Section 31.3. Whenever under the provisions of any city ordinance a person is required to obtain a work permit or identification card from the chief of police or other city officer as a condition of employment in a gambling establishment licensed by the city, and such work permit or identification card is revoked or suspended by the chief of police or other city officer, the person aggrieved may appeal therefrom to the board of city commissioners or other legislative body for the city.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 354Mr. Ryan
CHAPTER 276
AN ACT to amend an act entitled An Act to incorporate the city of North Las Vegas in Clark County, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto, approved March 27, 1953, as amended.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 60 of Chapter II of the above-entitled act, being chapter 283, Statutes of Nevada 1953, at page 433, is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 365 (CHAPTER 276, AB 354)κ
Section 60. Any Cost Over 100 Percent of the Value of Property Paid by the City. 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 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 of the value of such lot or premises which would otherwise be chargeable upon said lot or premises, shall be paid from the general funds of the city. The council 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. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 304Mr. Swanson
CHAPTER 277
AN ACT to amend chapter 503 of NRS, relating to hunting, fishing and trapping regulations and miscellaneous wildlife protective measures, by providing that meat or game processors to whom game has been delivered for processing or storage may dispose of such game to the state board of fish and game commissioners if the owner of such game has not paid for such processing or storage; by defining certain terms; by providing limitations of actions by the owner against the meat or game processor; and by providing other matters properly relating thereto.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 503 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Meat or game processor as used in this section means any person, firm or corporation who receives any game for the purpose of processing or storage or for the purposes of processing and storage.
2. Any meat or game processor who receives any game for the purpose of processing or storage may, within 90 days after the receipt thereof, if such game remains in the possession of such meat or game processor, dispose of such game to the commission if the owner of such game has not paid such meat or game processor for the processing or storage thereof.
3. The commission shall distribute such game to public charities on a fair and equitable basis.
4. No action may be commenced against such meat or game processor by the owner of such game after such game has been delivered to the commission under the provisions of this section.
5. Nothing in this section deprives a meat or game processor of any remedy at law available to a creditor against a debtor for the recovery of any moneys or other legal consideration owing from the owner of the game to the meat or game processor for such processing or storage.
κ1959 Statutes of Nevada, Page 366 (CHAPTER 277, AB 304)κ
owner of the game to the meat or game processor for such processing or storage.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 228Committee on State Institutions (by request of Nevada State Hospital)
CHAPTER 278
AN ACT to amend NRS 433.240, relating to emergency temporary commitments of the mentally ill to the Nevada state hospital, by requiring certification by two licensed physicians; providing contents of certificate; providing procedure for continued confinement or discharge; and providing other matters properly relating thereto.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.240 is hereby amended to read as follows:
433.240 [Temporary] Emergency 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,] licensed to practice medicine in the State of Nevada, who shall certify under oath [the need for immediate admission and commitment of the patient as an emergency patient for a period of not more than 10 days.] their belief that the person is mentally ill and, because of his illness, is likely to injure himself or others if not immediately restrained. The 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. Commitment under subsection 1 of this section shall be for no more than 10 days, unless formal commitment proceedings are instituted within that time under NRS 433.200. If such formal proceedings are instituted, the court may order the continued confinement of the person pending the outcome of the formal proceedings, if the superintendent certifies that in his opinion the person is mentally ill and, because of his illness, is likely to injure himself or others if not continued in confinement. If the court does not order such continued confinement, the person shall be discharged from the hospital on or before the 10th day after commitment.
3. When a person charged with a 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.
κ1959 Statutes of Nevada, Page 367 (CHAPTER 278, SB 228)κ
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. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 212Committee on Judiciary
CHAPTER 279
AN ACT to amend NRS section 612.550, relating to employers future contribution rates based on benefit experience, by defining certain words and terms; by designating the computation date in each year for contribution rates to apply the following calendar year; by changing the conditions for the allowance of assignments of contribution of certain rates; and by providing other matters properly relating thereto.
[Approved March 25, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.550 is hereby amended to read as follows:
612.550 [1. The executive director shall, for the period of 6 months commencing July 1, 1945, and for the calendar year commencing January 1, 1946, and for each calendar year thereafter, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him throughout the 6-month period commencing July 1, 1945, and for each calendar year thereafter, in order to reflect such experience and classification.
2. In making such classification, the executive director shall take account of the degree of unemployment hazard shown by each employers experience, and of any other measurable factors which he finds bear a reasonable relation to the purposes of this section.
3. Benefits paid to an individual since January 1, 1939, shall be charged against the accounts of his employers, as the executive director may by regulation prescribe; provided:
(a) That no augmentation of benefits paid by reason of the fact that a claimant has dependents shall be charged to any employers account; and
(b) That no benefits paid to a multistate claimant based upon entitlement to benefits in more than one state shall be charged to any employers account.
4. Such rates shall be computed on the payroll, contribution and benefit experience of the employer for not less than 36 consecutive calendar months immediately preceding the computation date, which date shall be not more than 27 weeks prior to the effective date of the new rate.
5. The executive director may apply such form of classification or rating system as in his judgment is best calculated to rate individually and most equitably the employment risk of each employer and to encourage the stabilization of employment.
κ1959 Statutes of Nevada, Page 368 (CHAPTER 279, SB 212)κ
6. The general basis of classification proposed to be used shall be subject to fair notice, opportunity for hearing and publication.
7. The executive director shall determine the contribution rate applicable to each employer for any calendar year subject to the following limitations:
(a) Each employers contribution rate shall be 2.7 percent, unless and until there shall have been 36 consecutive calendar months immediately preceding the computation date of the new rate, throughout which his account as an employer could have been charged with benefit payments.
(b) Each employer eligible for a rate based upon experience and classified in accordance with this section shall be assigned a rate by the executive director for the calendar year commencing January 1, 1956, and for each calendar year thereafter, according to the following classes:
Class 1.................................................................................................... 0.1 percent
Class 2.................................................................................................... 0.3 percent
Class 3.................................................................................................... 0.6 percent
Class 4.................................................................................................... 0.9 percent
Class 5.................................................................................................... 1.2 percent
Class 6.................................................................................................... 1.5 percent
Class 7.................................................................................................... 1.8 percent
Class 8.................................................................................................... 2.1 percent
Class 9.................................................................................................... 2.4 percent
Class 10.................................................................................................. 2.7 percent
No employers rate shall be varied below the 2.7 percent rate unless, as of the preceding January 1, the total amount available for benefits in the unemployment compensation fund equals or exceeds 1.5 percent of the total payrolls subject to contributions under this chapter for the 5-consecutive-calendar-year period ending on the above date.]
1. As used in this section:
(a) Average annual payroll for the calendar year 1960 and each calendar year thereafter means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers shall be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(b) Computation date for the calendar year 1960 and for each calendar year thereafter means June 30 of the preceding calendar year.
(c) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.
(d) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(e) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
κ1959 Statutes of Nevada, Page 369 (CHAPTER 279, SB 212)κ
an employer not later than the last day of the second month immediately following the computation date.
2. The executive director shall, for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him for each calendar year in order to reflect such experience and classification.
No employers contribution rate shall be reduced below 2.7 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which he has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that for the calendar year beginning January 1, 1960, and for each year thereafter an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.7 percent if his account has been chargeable throughout a lesser period, but in no event, less than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Benefits paid to an individual up to and including the computation date shall be charged against the experience rating records of his base period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers; provided:
(a) That no augmentation of benefits paid by reason of the fact that a claimant has dependents shall be charged to any employers experience rating record; and
(b) That no benefits paid to a multistate claimant based upon entitlement to benefits in more than one state shall be charged to any employers account when no benefits would have been payable except for NRS 612.295.
4. For the calendar year 1960 and for each calendar year thereafter the executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify such employers on the basis of their individual reserve ratios. The contribution rate assigned to each employer for the calendar year shall be determined by the range within which his reserve ratio falls.
The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which shall be assigned the various contribution rates provided in subsection 5 of this section. The lowest contribution rate shall be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate shall be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges shall be uniform.
5. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section shall be assigned a contribution rate by the executive director for each calendar year according to the following classes:
κ1959 Statutes of Nevada, Page 370 (CHAPTER 279, SB 212)κ
Class 1..................................................................................................... 0.1 percent
Class 2..................................................................................................... 0.3 percent
Class 3..................................................................................................... 0.6 percent
Class 4..................................................................................................... 0.9 percent
Class 5..................................................................................................... 1.2 percent
Class 6..................................................................................................... 1.5 percent
Class 7..................................................................................................... 1.8 percent
Class 8..................................................................................................... 2.1 percent
Class 9..................................................................................................... 2.4 percent
Class 10................................................................................................... 2.7 percent
6. No employers contribution rate for the calendar year 1960 and for each calendar year thereafter shall be reduced below 2.7 percent unless the total amount available for benefits in the unemployment compensation fund on January 1 equals or exceeds 6 percent of total wages subject to contributions under this chapter for the 4 consecutive calendar quarters ending on the preceding September 30.
7. The executive director shall notify each employer eligible for a rate determination under this section of his rate of contributions as determined for any calendar year pursuant to this section.
8. The executive director shall, by regulation, prescribe the conditions for a transfer of the experience record of an employer to an employer who has acquired the entire or a severable part of the organization, trade or business or substantially all of the assets thereof.
9. Whenever an employer has paid no wages in employment for a period of 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and such account shall not thereafter be used in any rate computation.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 280Senator Brown
CHAPTER 280
AN ACT to amend NRS sections 542.020 and 542.030, relating to the definitions used in and the procedure to petition for creation of a district under the Watershed Protection and Flood Prevention District Act of 1955, by raising the limitation on the number of acres which may be included in such a district to 750,000; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 542.020 is hereby amended to read as follows:
542.020 As used in this chapter:
1. Watershed means all land and water within a natural drainage area of [250,000] 750,000 acres or less.
2. Works of improvement means any undertaking for:
(a) Flood prevention (including structural and land-treatment measures); or
κ1959 Statutes of Nevada, Page 371 (CHAPTER 280, SB 280)κ
(b) Agricultural phases of the conservation, development, utilization and disposal of water,
in watershed or subwatershed areas not exceeding [250,000] 750,000 acres and not including any single structure which provides more than 5,000 acre-feet of total capacity.
Sec. 2. NRS 542.030 is hereby amended to read as follows:
542.030 1. A proposal for the establishment of a watershed protection and flood prevention district not exceeding [250,000] 750,000 acres may be instituted by a petition signed by at least 10 percent of the owners of real property within the proposed district as evidenced by the county assessors last assessment roll.
2. The petition shall:
(a) Indicate the purposes and boundaries, and declare that the public interests or necessity demands the creation and maintenance of a watershed protection and flood prevention district within the county.
(b) Be presented to the board of county commissioners of the county wherein the real property is situated, accompanied with a good and sufficient bond, to be approved by the board of county commissioners, in an amount of the probable cost of organizing the district and conditioned that the principals and sureties will pay all costs if the formation of the district is not effected.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 163Senator Brown
CHAPTER 281
AN ACT to amend NRS section 370.280, relating to cigarette tax refunds, by providing for refund of taxes paid on stale cigarettes destroyed by wholesalers; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.280 is hereby amended to read as follows:
370.280 1. Upon proof satisfactory to the tax commission, refunds shall be allowed for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed on any such tax so paid, upon cigarettes that are sold to:
(a) The United States Government for Army, Air Force, Navy or Marine Corps purposes and are shipped to a point within this state to a place which has been lawfully ceded to the United States Government for Army, Air Force, Navy or Marine Corps purposes; or
(b) Veterans hospitals for distribution or sale to disabled service or ex-service men interned therein, but not to civilians or civilian employees.
2. Upon proof satisfactory to the tax commission, refunds shall be allowed to licensed wholesale cigarette dealers for the face value of the cigarette revenue stamp tax paid, less any discount previously allowed on any such tax so paid, upon cigarettes destroyed by them because such cigarettes had become stale.
κ1959 Statutes of Nevada, Page 372 (CHAPTER 281, SB 163)κ
allowed on any such tax so paid, upon cigarettes destroyed by them because such cigarettes had become stale. Applications for refunds shall be submitted no oftener than once in any 3-month period, shall be in an amount of not less than $15 and shall be accompanied by an affidavit of the applicant setting forth:
(a) The number of packages of cigarettes destroyed for which refund is claimed:
(b) The date or dates on which such cigarettes were destroyed and the place where destroyed; and
(c) That the cigarettes were actually destroyed in his presence because they had become stale.
3. Any refund shall be paid as other claims against the state are paid.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 297Miss Herr, Messrs. Bunker, Gibson and Dieleman
CHAPTER 282
AN ACT to amend chapter 361 of NRS, relating to property tax, by requiring associations, firms, partnerships and individuals who furnish storage for property to submit an annual report to the county assessor containing certain information relative to property stored by such companies, associations, firms, partnerships and individuals; providing for inspection of the premises of those who furnish such storage; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any association, firm, partnership, corporation or individual who furnishes storage for personal property shall, on or before August 1 of each year, submit a written report, verified by the person in charge of such property, to the county assessor of the county where such property is stored, containing accurate and complete information concerning all personal property held in storage on July 1 of such year, including the names and residence addresses of the owners thereof.
2. The report shall be made in the form prescribed by the Nevada tax commission.
3. The Nevada tax commission, its designated representative or the county assessor may investigate and inspect such property, and no person may refuse to permit such investigation or inspection.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 373κ
Assembly Bill No. 285Mr. Dyer
CHAPTER 283
AN ACT to amend NRS sections 541.020, 541.080, 541.100, 541.140, 541.150, 541.170, 541.200 and 541.220, relating to water conservancy districts, by amending the definition of works to include conduits effecting drainage; by authorizing the board of directors to change the office or principal place of the district; by changing the method of appointment of successor directors; by providing certain powers of boards of directors of subdistricts concerning the levy and collection of taxes and assessments by subdistricts; by changing the date of certification of the rate of levy on class A lands to the board of county commissioners; by changing dates with respect to the levy and collection of taxes on class D lands within a district and the time when hearings shall be held on objections to assessments; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 541.020 is hereby amended to read as follows:
541.020 As used in this chapter, unless otherwise specified:
1. Board means the board of directors of the district.
2. Court means the district court of that judicial district of the State of Nevada wherein the petition for the organization of a water conservancy district shall be filed.
3. Land or real estate means real estate as the words real estate are defined by the laws of the State of Nevada, and shall embrace all railroads, highways, roads, streets, street improvements, telephone, telegraph and transmission lines, gas, sewer and water systems, water rights, pipelines and rights-of-way of public service corporations, and all other real property whether held for public or private use.
4. Person means a person, firm, copartnership, association or corporation, other than a county, town, city, city and county, or other political subdivision.
5. Property means real estate and personal property.
6. Publication, when no manner is specified therefor, means once a week for 3 consecutive weeks in at least one newspaper of general circulation in each county wherein such publication is to be made. It shall not be necessary that publication be made on the same day of the week in each of the 3 weeks, but not less than 14 days (excluding the day of the first publication) shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication.
7. Public corporation means counties, cities and counties, towns, cities, school districts, irrigation districts, water districts, and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes or special assessments.
8. Section means a section of this chapter unless some other statute is expressly mentioned.
9. Subcontracting agency means a public service, public, private or other corporation, or other entity which shall contract with the district for the purchase, transfer or acquisition from it of water, drainage or electric power.
κ1959 Statutes of Nevada, Page 374 (CHAPTER 283, AB 285)κ
district for the purchase, transfer or acquisition from it of water, drainage or electric power.
10. Water conservancy districts means the districts created under the provisions of this chapter.
11. Works means drains, channels, trenches, watercourses and other surface and subsurface conduits to effect drainage, dams, storage reservoirs, compensatory and replacement reservoirs, canals, conduits, pipelines, drains, tunnels, powerplants and any and all works, facilities, improvements and property necessary or convenient for the supplying of water for domestic, irrigation, power, milling, manufacturing, mining, metallurgical, and any and all other beneficial uses, and for otherwise accomplishing the purposes of this chapter.
Sec. 2. NRS 541.080 is hereby amended to read as follows:
541.080 1. At any time after the filing of a petition for the organization of a water conservancy district and not less than 10 days prior to the time fixed by the order of court for the hearing upon the petition, and not thereafter, a petition may be filed in the office of the clerk of the court wherein the proceeding for the creation of the district is pending, signed by not fewer than 25 percent of the owners of the lands in the proposed district, but not embraced within the limits of any incorporated or unincorporated city or town, who have not signed the petition for formation of the district, the aggregate assessed value of which, together with improvements thereon, is not less than 25 percent of the total assessed value of land, together with the improvements thereon, within the proposed district situated outside such limits, and also signed by not fewer than 25 percent of the owners of land embraced within the limits of each incorporated or unincorporated city and town in the proposed district, protesting the creation of the district. The signers of the protesting petition shall state therein the land owned by each, and shall also state the value thereof as shown by the last preceding assessment.
The term owners of land, as used in this subsection with reference to persons outside the limits of an incorporated or unincorporated city or town within the district, shall mean those persons who own 5 acres or more of real estate; and the term owners of land, as used in this subsection with reference to persons within an incorporated or unincorporated city or town, shall mean those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.
2. If a petitioner shall sign such petition both as owner of land situated within a municipality, and owner of land situated without a municipality, his name shall be counted only as an owner of land situated without a municipality.
3. Upon the filing of such protesting petition, the clerk of the court forthwith shall make as many certified copies thereof, including the signatures thereto, as there are counties in which any part of the proposed district extends, and forthwith shall place in the hands of the county treasurer of each such county one of the certified copies. Thereupon, each of the county treasurers shall determine from the tax rolls of his county in his hands and shall certify to the district court under his official seal, prior to the day fixed for the hearing as aforesaid, the total valuation of the several tracks of land listed in the protest, situated in the proposed district within his county.
κ1959 Statutes of Nevada, Page 375 (CHAPTER 283, AB 285)κ
aforesaid, the total valuation of the several tracks of land listed in the protest, situated in the proposed district within his county. Upon the day set for the hearing upon the original petition, if it shall appear to the court from such certificate or certificates, and from such other evidence as may be adduced by any party in interest, that the protesting petition is not signed by the requisite number of owners of lands and of the requisite value as herein set forth, the court shall thereupon dismiss the protesting petition and shall proceed with the original hearing as provided in this section.
4. If the court shall find from the evidence that the protesting petition is signed by the requisite number of owners of lands and of the requisite values, the court shall forthwith dismiss the original petition praying for the creation of the district. The finding and order of the court upon the question of such total valuation, the genuineness of the signatures, and all matters of law and fact incident to such determination shall be final and conclusive on all parties in interest, whether appearing or not, unless within 30 days from entry of the order or dismissal an appeal is taken to the supreme court as hereinafter provided.
5. Any owner of real property in the proposed district not having individually signed a petition for the organization of a water conservancy district, and desiring to object to the organization and incorporation of the district, may, on or before the date set for the cause to be heard, file objection to the organization and incorporation of the district. Such objection shall be limited to a denial of the statements in the petition and shall be heard by the court as an advanced case without unnecessary delay. On the final hearing of the petition the court shall define and establish the boundaries of the district.
6. Upon the hearing, if it shall appear that a petition for the organization of a water conservancy district has been signed and presented, as hereinabove provided, in conformity with this chapter, and that the allegations of the petition are true and that no protesting petition has been filed or if filed has been dismissed as hereinabove provided, the court shall, by order duly entered of record, adjudicate all questions of jurisdiction, declare the district organized and give it a corporate name by which in all proceedings it shall thereafter be known, and thereupon the district shall be a political subdivision of the State of Nevada and a body corporate with all the powers of a public or quasi-municipal corporation.
7. In such decree the court shall designate the place where the office or principal place of the district shall be located, which shall be within the corporate limits of the district, and which may be changed by order of [court] the board from time to time. The regular meetings of the board shall be held at such office or place of business, but for cause may be adjourned to any other convenient place. The official records and files of the district shall be kept at the office so established.
8. If the court finds that no petition has been signed and presented in conformity with this chapter, or that the material facts are not as set forth in the petition filed, it shall dismiss the proceedings and adjudge the costs against the signers of the petition in such proportion as it shall deem just and equitable.
κ1959 Statutes of Nevada, Page 376 (CHAPTER 283, AB 285)κ
tion as it shall deem just and equitable. An appeal to the supreme court from the order of dismissal may be taken as hereinafter provided. Nothing herein shall be construed to prevent the filing of a subsequent petition or petitions for similar improvements or for a similar water conservancy district, and the right so to renew such proceedings is hereby expressly granted and authorized.
9. If an order be entered establishing the district, such order shall be deemed final and shall conclusively establish the regular organization of the district against all persons, unless an appeal is taken to the supreme court as hereinafter provided or quo warranto proceedings attacking the order are instituted on behalf of the State of Nevada by the attorney general. The organization of the district shall not be directly or collaterally questioned in any suit, action or proceedings except as herein expressly authorized.
10. Any petitioner, protestant or objector shall have a right of appeal to the supreme court from the order of the district court entered pursuant to this section. Such appeals shall be taken within 30 days from the entry of such order in accordance with the Nevada Rules of Civil Procedure.
Sec. 3. NRS 541.100 is hereby amended to read as follows:
541.100 1. Within 30 days after entering the decree incorporating the district, the court shall appoint a board of directors therefor consisting of one director from each of the divisions specified in the petition, and, in addition, one from the principal proposed subcontracting agency mentioned in the petition, or, if there be more than one such agency mentioned in the petition, then from each of such principal subcontracting agencies; but the total number of directors of the district shall not exceed seven. No person shall be disqualified to act as a director because he is an officer, employee or stockholder of, or owner of land within, any irrigation or other district constituting a division, or part of a division, or subcontracting agency of the district; nor shall any director for such reason be disqualified to vote or act upon any matter involving such irrigation or other district or subcontracting agency.
2. The court shall fix the terms of office so that not less than three of the directors first appointed after organization of the district shall serve until the end of the calendar year next succeeding their appointment, and the remaining directors first appointed shall serve until the expiration of 3 years after the end of the calendar year in which they were appointed. All succeeding terms of office shall be for 4 years. Upon the expiration of the term of office of any director, the [district or incorporated town or city, or combination of incorporated towns and cities, or subcontracting agency, as the case may be, from which such director was appointed,] court shall, upon the recommendation of the district or incorporated town or city, or combination of incorporated towns and cities, or subcontracting agency, as the case may be, from which such director was appointed, appoint a successor to such director to hold office for 4 years.
3. All vacancies in the office of director shall be filled in the same manner lastly hereinabove stated. Each director shall hold office during the term for which he is appointed and until his successor is appointed and has qualified.
κ1959 Statutes of Nevada, Page 377 (CHAPTER 283, AB 285)κ
the term for which he is appointed and until his successor is appointed and has qualified.
4. An annual meeting of the board of directors shall be held on a date to be fixed by the board and, in addition thereto, the board shall hold meetings at least quarterly on dates to be fixed in the bylaws of the district. A report of the business transacted during the preceding year by the district, including a financial report prepared by qualified public accountants, shall be filed with the clerk of the district court on or before the date of the annual meeting.
Sec. 4. NRS 541.140 is hereby amended to read as follows:
541.140 The board shall have power on behalf of the district:
1. To have perpetual succession.
2. To take by appropriation, grant, purchase, bequest, devise or lease, and to hold and enjoy water, waterworks, water rights and sources of water supply and any and all real and personal property of any kind within or without the district or within or without the State of Nevada necessary or convenient to the full exercise of its powers; and to sell, lease, encumber, alienate or otherwise dispose of water, waterworks, water rights and sources of supply of water for use within and without the district and within and without the State of Nevada; also, to acquire, construct, operate, control and use any and all works, facilities and means necessary or convenient to the exercise of its power, both within and without the district, and within and without the State of Nevada, and to do and perform any and all things necessary or convenient to the full exercise of the powers herein granted.
3. To have and to exercise the power of eminent domain, and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted.
4. To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse, in accordance with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof. The grant of the right to use such vacant state land shall be effective upon the filing by such district with the [surveyor general or the officer hereafter designated by law to conduct the functions of that office] state land register of an application showing the boundaries, extent and locations of the lands, rights-of-way or easements desired for such purposes. If the lands, rights-of-way or easements for which application shall be made are for the construction of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the conveyance of water, or for roads, or for poles or towers, and wires for the conveyance of electrical energy or for telephonic or telegraphic communication, no compensation shall be charged the district therefor, unless in the opinion of the [surveyor general or the officer hereafter designated by law to conduct the functions of that office] state land register the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsalable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsalable, at a rate not exceeding $2.50 per acre.
κ1959 Statutes of Nevada, Page 378 (CHAPTER 283, AB 285)κ
be charged the district therefor, unless in the opinion of the [surveyor general or the officer hereafter designated by law to conduct the functions of that office] state land register the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsalable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands for which application is made are for purposes other than the construction of roads or works for the conveyance of water, or electricity or telephonic or telegraphic communication, such district shall pay the state for such lands at a rate not exceeding $2.50 per acre. Upon filing such application, accompanied by a map or plat showing the location or proposed location of such works and facilities, the fee title to so much of such state lands as shall be necessary or convenient to enable such district efficiently and without interference to construct, maintain and operate its works and to establish, maintain and operate its facilities shall be conveyed to the district by patent. If an easement or right-of-way only over such lands be sought by the district, such easement or right-of-way shall be evidenced by a permit or grant executed by or on behalf of the [surveyor general or the officer hereafter designated by law to conduct the functions of that office.] state land register. The [surveyor general or the officer hereafter designated by law to conduct the functions of that office] state land register may reserve easements and rights-of-way in the public across any lands in such patents, grants or permits described for streets, roads and highways, established according to law. Before any such patent, grant or permit shall be executed, any compensation due to the state under the provisions hereof must be paid. No fee shall be exacted from the district for any patent, permit or grant so issued or for any service rendered hereunder. In the use of streets the district shall be subject to the reasonable rules and regulations of the county, city or town where such streets lie, concerning excavation and the refilling of excavation, the re-laying of pavements and the protection of the public during periods of construction; but the district shall not be required to pay any license or permit fees, or file any bonds. The district may be required to pay reasonable inspection fees.
5. To contract with the Government of the United States or any agency thereof for the construction, preservation, operation and maintenance of tunnels, drains, pipelines, reservoirs, regulating basins, diversion canals and works, dams, powerplants and all necessary works incident thereto within and without the State of Nevada, and to acquire perpetual rights to the use of water and electrical energy from such works; to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private within or without the State of Nevada.
6. To list in separate ownership the lands within the district which are susceptible of irrigation from district sources and to make an allotment of water to all such lands, which allotment of water shall not exceed the maximum amount of water that the board determines could be beneficially used on such lands; to levy assessments, as hereinafter provided, against the lands within the district to which water is allotted on the basis of the value per acre-foot of water allotted to the lands within the district; but the board may divide the district into units and fix a different value per acre-foot of water in the respective units, and, in such case, shall assess the lands within each unit upon the same basis of value per acre-foot of water allotted to lands within such unit.
κ1959 Statutes of Nevada, Page 379 (CHAPTER 283, AB 285)κ
be beneficially used on such lands; to levy assessments, as hereinafter provided, against the lands within the district to which water is allotted on the basis of the value per acre-foot of water allotted to the lands within the district; but the board may divide the district into units and fix a different value per acre-foot of water in the respective units, and, in such case, shall assess the lands within each unit upon the same basis of value per acre-foot of water allotted to lands within such unit.
7. To fix rates at which water not allotted to lands, as hereinbefore provided, shall be sold, leased or otherwise disposed of; but rates shall be equitable although not necessarily equal or uniform for like classes of service throughout the district.
8. To enter into contracts, employ and retain personal services and employ laborers; to create, establish and maintain such offices and positions as shall be necessary and convenient for the transaction of the business of the district; and to elect, appoint and employ such officers, attorneys, agents and employees therefor as shall be found by the board to be necessary and convenient.
9. To adopt plans and specifications for the works for which the district was organized, which plans and specifications may at any time be changed or modified by the board. Such plans shall include maps, profiles, and such other data and descriptions as may be necessary to set forth the location and character of the works, and a copy thereof shall be kept in the office of the district and open to public inspection.
10. To appropriate and otherwise acquire water and water rights within or without the state; to develop, store and transport water; to subscribe for, purchase and acquire stock in canal companies, water companies, and water users associations; to provide, sell, lease, and deliver water for municipal and domestic purposes, irrigation, power, milling, manufacturing, mining, metallurgical and any and all other beneficial uses, and to derive revenue and benefits therefrom; to fix the terms and rates therefor; and to make and adopt plans for and to acquire, construct, operate and maintain dams, reservoirs, canals, conduits, pipelines, tunnels, powerplants and any and all works, facilities, improvements and property necessary or convenient therefor, and in the doing of all such things to obligate itself and execute and perform such obligations according to the tenor thereof.
11. To generate electric energy and to contract for the generation, distribution and sale of such energy.
12. To invest any surplus money in the district treasury, including such money as may be in any sinking fund established for the purpose of providing for the payment of the principal or interest of any contract, or other indebtedness, or for any other purpose, not required for the immediate necessities of the district, in treasury notes or bonds of the United States, or of this state, or of any state, county or municipal corporation. Any bonds or treasury notes thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or treasury notes as above provided. Sales of any bonds or treasury notes thus purchased and held shall from time to time be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or treasury notes were originally purchased was placed in the treasury of the district.
κ1959 Statutes of Nevada, Page 380 (CHAPTER 283, AB 285)κ
chased was placed in the treasury of the district. The functions and duties authorized by this subsection shall be performed under such rules and regulations as shall be prescribed by the board.
13. To borrow money and incur indebtedness and to pledge revenues of the district to secure the same.
14. To adopt bylaws not in conflict with the constitution and laws of the state for carrying on the business, objects and affairs of the board and of the district.
15. To construct works for the drainage of lands within the district and to levy special assessments against the lands drained by such works for the repayment of the costs thereof.
Sec. 5. NRS 541.150 is hereby amended to read as follows:
541.150 1. Subdistricts may be organized upon the petition of the owners of real property within, or partly within and partly without, the district, which petition shall be in substantially the same form and shall fulfill the same requirements concerning the subdistricts as the petition outlined in NRS 541.050 is required to fulfill concerning the organization of the main district. The petition shall also contain a statement of the minimum quantity of water which the subdistrict proposes to acquire from the district for perpetual use and the court shall, prior to the entry of its decree organizing a subdistrict, require that the petitioners attach to the petition written evidence of the consent of the board of directors of the water conservancy district to furnish to such subdistrict the perpetual use of water for the purpose therein specified.
2. Petitions for the organization of subdistricts shall be filed with the clerk of the court and shall be accompanied by a bond as provided for in NRS 541.060. The procedure for the organization of subdistricts shall be the same as for the organization of districts.
3. A subdistrict shall be a separate entity within the district and shall have authority to contract with the district for the furnishing of water and for other purposes.
4. Within 30 days after entering the decree incorporating a subdistrict, the court shall appoint a board of directors of the district consisting of not exceeding seven persons who are owners of real property in the subdistrict, and who [are not] may be directors of the district. [The court shall fix the terms of office of the directors so appointed in such manner that not less than three of the directors first appointed shall serve until the end of the calendar year next succeeding their appointment, and the remaining directors first appointed shall serve until the expiration of 3 years after the end of the calendar year in which they were appointed. All succeeding terms of office shall be for 4 years. The court shall fill all vacancies in the office of director which shall occur by expiration of terms of office or otherwise. Directors shall hold office during the terms for which they are appointed respectively and until their successors shall be appointed and qualify. The board of directors of a subdistrict organized hereunder shall have the same powers and duties in respect of such subdistrict as the board of directors of a water conservancy district has in respect of such district as specified in NRS 541.140.] The provisions of NRS 541.100, except as to the number of directors, shall be applicable to subdistricts.
κ1959 Statutes of Nevada, Page 381 (CHAPTER 283, AB 285)κ
ble to subdistricts. The board of directors of a subdistrict shall have all of the powers, rights and privileges granted to a district board under the provisions of this chapter, including specifically, but not limited to, the right of the subdistrict board to levy and collect taxes and assessments referred to in NRS 541.140, 541.160 and 541.240, to carry out its separate purposes, such taxes and assessments may be levied and collected by the subdistrict notwithstanding the fact that taxes and assessments are being levied and collected by the district in which such subdistrict may lie, to carry out the district purposes; but the only purpose for which a subdistrict may levy and collect taxes pursuant to NRS 541.160 shall be to pay the expense of its organization and administration, and such taxes shall not exceed 10 cents on $100 assessed valuation of the property within the subdistrict.
Sec. 6. NRS 541.170 is hereby amended to read as follows:
541.170 To levy and collect taxes under class A as herein provided, the board shall in each year determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every $100 of assessed valuation of property within the district, and with other revenues, will raise the amount required by the district to supply funds for paying expenses of organization, for surveys and plans, paying the cost of construction, operating and maintaining the works of the district; but the rate shall not exceed 5 cents on the $100, prior to the commencement of construction of the works, and thereafter shall not exceed 10 cents on $100, of assessed valuation of the property within the district. The board shall, [on or before April 1] between March 1 and March 15 of each year, certify to the board of county commissioners of each county within the district or having a portion of its territory within the district the rate so fixed with directions that at the time and in the manner required by law for levying of taxes for county purposes such board of county commissioners shall levy such tax upon the assessed valuation of all property within the district, in addition to such other taxes as may be levied by such board of county commissioners at the rate so fixed and determined.
Sec. 7. NRS 541.200 is hereby amended to read as follows:
541.200 1. To levy and collect special assessments upon lands under class D as herein provided, the board shall make an allotment of water to petitioning owners of lands in the district, upon which water can be beneficially used in the manner as hereinafter provided, in such amount as will, in the judgment of the board, together with the present supply of water for irrigation purposes on such lands, make an adequate water supply for irrigation of such lands, and shall fix and determine the rate or rates per acre-foot and the terms at and upon which water shall be held, leased, or otherwise disposed of, for use on the lands. If any person or private corporation shall elect to purchase, lease or otherwise obtain the beneficial use of waters of the district for irrigation of lands or for domestic purposes, such person or corporation shall petition the board for an allotment of water upon terms prescribed by the board which petition shall contain, inter alia, the following:
(a) Name of the applicant.
κ1959 Statutes of Nevada, Page 382 (CHAPTER 283, AB 285)κ
(b) Quantity of water to be purchased or otherwise acquired.
(c) Description of lands upon which, or location where, the water will be used and attached.
(d) Price per acre-foot to be paid.
(e) Whether payments will be made in cash or annual installments.
(f) Agreement that the annual installments and the charges for maintenance and operating shall become a lien upon the lands for which such water is petitioned and allotted and to be bound by the provisions of this chapter and the rules and regulations of the board.
2. The board may, in its discretion, accept or reject the petition, but, if it deems it for the best interests of the district that the petition be granted, shall enter an order granting the petition, and from and after such order the petitioner shall have been deemed to have agreed to the purchase, lease or other means of acquiring the beneficial use of water under the terms set forth in the petition and order. Such order shall provide for payment on the basis of rate per acre-foot of water allotted to the lands within the district, providing:
(a) That the board may divide the district into units and fix a different rate per acre-foot of water in the respective units; and
(b) That such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district.
3. The secretary of the board shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at such time or times at which the hearing on the petition may be adjourned, shall proceed to hear the petition and objections thereto, presented, in writing, by any person showing cause, as aforesaid, why the petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to the granting of the petition. The board may, in its discretion, accept or reject the petition, but, if it deems it for the best interest of the district that the petition shall be granted, shall enter an order to that effect granting the petition, and from and after such order the petitioner or persons interested therein shall be deemed to have purchased, leased or otherwise acquired the beneficial use of water as set forth in the order. If the petition is granted, the board shall cause a certified copy of the order granting the petition to be recorded in the county in which the lands are located, and thereafter the annual installments and annual operating and maintenance charges shall be a perpetual lien upon such lands. The board shall, [on or before April 1] between March 1 and March 15 of each year, certify to the county assessor of the county within the district in which such lands are located the amount of the annual installments, plus a fair proportionate amount of the estimated operating and maintenance charges apportioned to the lands for the next succeeding year, and the county assessor shall extend the amount so certified on the tax roll as a flat special assessment against the lands for which such water is petitioned and allotted.
κ1959 Statutes of Nevada, Page 383 (CHAPTER 283, AB 285)κ
as a flat special assessment against the lands for which such water is petitioned and allotted.
Sec. 8. NRS 541.220 is hereby amended to read as follows:
541.220 1. Prior to [April 1] March 1 of each year in which assessments are made, the board shall appoint a time and place or places where it will meet within the district of the purposes of hearing objections to assessments, and prior notice of such hearing shall be given by publication in two issues, a week apart, in some newspaper of general circulation published in each county; but if there is any county in the district in which there is no newspaper published, then such notice shall be published in an adjoining county. The notice shall notify the owners of property in the district that in the secretarys office may be found and examined a description of the property so assessed, the amount of the assessment thereon fixed by the board, and the time and place or places fixed by the board for the hearing of objections to such assessments. It shall not be necessary for the notice to contain separate descriptions of the lots or tracts of real estate, but it shall be sufficient if the notice shall contain such descriptions as will inform the owner whether or not his real estate is covered by such descriptions, and will inform the owner where can be found of record the amount of assessments. If, in the opinion of any person whose property is assessed, his property has been assessed too high, or has been erroneously or illegally assessed, he may, at any time before the date of such hearing, file written objections to such assessments, stating the grounds of such objections, which statement shall be verified by the affidavit of the person or his agent. In such hearing the board shall hear such evidence and arguments as may be offered concerning the correctness or legality of such assessment and may modify or amend the same. Any owner of property desiring to appeal from the findings of the board as to assessment shall, within 30 days from the findings of the board, file with the clerk of the court a written notice making demand for trial by the court. The appellant at the same time shall file a bond with good and sufficient security to be approved by the clerk of the court, in a sum not exceeding $200, to the effect that if the finding of the court be not more favorable to the appellant than the finding of the board the appellant will pay the cost of the appeal. The appellant shall state definitely from what part of the order the appeal is taken. In case more than one appeal is taken, the court may, upon its showing that the same may be consolidated without injury to the interests of anyone, consolidate and try the same together.
2. The court shall not disturb the findings of the board unless the findings of the board in any case are manifestly disproportionate to the assessments imposed upon other property in the district created under this chapter. The trial shall be to the court and the matter shall take precedence before the court and shall be taken up as promptly as may be after the appeal is filed. If no appeal is taken from the findings of the board within the time prescribed in this section, or after the findings of the court in case an appeal is taken from the findings of the board, then the findings shall be final and conclusive evidence that the assessments have been made in proportion to the benefits conferred upon the property in the district by reason of the improvements to be constructed under the provisions of this chapter, and such assessments shall constitute a perpetual lien upon such property so assessed until paid.
κ1959 Statutes of Nevada, Page 384 (CHAPTER 283, AB 285)κ
conclusive evidence that the assessments have been made in proportion to the benefits conferred upon the property in the district by reason of the improvements to be constructed under the provisions of this chapter, and such assessments shall constitute a perpetual lien upon such property so assessed until paid.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 114Mr. Parks (by request)
CHAPTER 284
AN ACT to amend NRS sections 503.020, 503.100, 503.150, 503.180, 503.200, 503.290, 503.340 and 503.590, relating to daily creel, bag and possession limits, special hunts, unlawful hunting by means of revolvers, self-loading pistols, crossbows and artificial light, unlawful hunting of big game with certain types or kinds of guns and firearms, competitive field trials for hunting dogs, unlawful fishing devices and equipment, limitations on shipments of game fish, and the maintenance of zoos, menageries, private collections of wild animals, wild birds or reptiles; to repeal NRS section 503.280 relating to unlawful fishing near dams containing fishways and fish ladders; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 503.020 is hereby amended to read as follows:
503.020 1. At the time the seasons for hunting and fishing are recommended by the various county boards, each board shall designate the daily creel, bag and possession limits for each species of fish, animals and birds, excepting migratory game birds, for its county.
2. Such designated limits shall be accepted and set by the commission except wherein the commission may increase or decrease such limits by showing cause through its technical staff or in the interest of the uniformity of such limits between adjoining counties.
3. [The daily bag and possession limits for migratory birds shall be set annually by the commission after the commission has been informed of the federal regulations for the ensuing year.] After the commission has been informed of the federal regulations for the ensuing year, the daily bag and possession limits, open seasons and other regulatory provisions for hunting migratory birds shall be made annually by commission regulations. Such regulations may conform with or further restrict the federal regulations.
4. Such limits shall be deemed to be set and in effect when they have been published in the manner prescribed for publishing seasons for hunting and fishing.
Sec. 2. NRS 503.100 is hereby amended to read as follows:
503.100 1. Upon the application of any person, persons, organization or governmental department, the county board may appoint a committee consisting of one representative each from sportsmen, the livestock industry, the United States Forest Service, the United States Fish and Wildlife Service, and the Bureau of Land Management to consider the advisability of reducing the number of deer, antelope, elk or [bighorn] mountain sheep in any district or specified portion of a county.
κ1959 Statutes of Nevada, Page 385 (CHAPTER 284, AB 114)κ
consider the advisability of reducing the number of deer, antelope, elk or [bighorn] mountain sheep in any district or specified portion of a county.
2. Whenever in the judgment of the committee big game have increased in numbers in any locality to such an extent that a surplus exists, or to such an extent that such animals are damaging public or private property, or are overgrazing their range, or whenever necessary for proper management, the committee shall make appropriate recommendations to the commission as to the area or areas being damaged, the extent of damage, and the number and kind of deer, antelope, elk or [bighorn] mountain sheep to be removed.
3. Upon the recommendation of the committee, the commission may determine the area or areas within such county from which the deer, antelope, elk or [bighorn] mountain sheep may be killed by each license holder, the special license fee to be paid, the hunting season, which may be separate from or concurrent with the regular open season, and may prescribe such other rules and regulations as are necessary properly to conduct the hunt. Such other rules and regulations herein authorized may permit the use of guns or firearms otherwise prohibited by subsections 1 and 2 of NRS 503.180.
4. Notwithstanding anything in this Title or other law to the contrary, no person shall be excused from the payment of a fee for the special license required by this section on account of age or race. The special license fee shall be fixed at not more than $10 for residents nor more than $25 for nonresidents for the hunting season to which it relates.
Sec. 3. NRS 503.150 is hereby amended to read as follows:
503.150 1. [It] Except as provided in subsection 2, 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 is lawful for a person to hunt cottontail rabbits and pygmy rabbits with a revolver or self-loading pistol.
3. It shall be unlawful to 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. 4. NRS 503.180 is hereby amended to read as follows:
503.180 1. Except [when authorized by commission regulation,] as otherwise provided in subsection 3, it shall be unlawful for any person at any time to hunt any deer, antelope, elk [,] or mountain sheep [or mountain goat] with any shotgun, or any pistol or revolver, or with any gun or firearm capable of firing two or more rounds with one continuous pull of the trigger, or with any full steel, full metal jacket, tracer or incendiary bullet.
2. Rifles used for such purpose shall exert at least 1,000 foot-pounds of energy at 100 yards.
3. The use of guns and firearms otherwise prohibited by subsections 1 and 2 may be authorized by commission regulation under the provisions of subsection 3 of NRS 503.100.
Sec. 5. NRS 503.200 is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 386 (CHAPTER 284, AB 114)κ
503.200 1. The commission is empowered to authorize, under permit, competitive field trials for hunting dogs, and shall prescribe the rules and regulations to be followed by those in charge of such trials insofar as conduct of the field trials has any effect or bearing upon the supply of game and the laws of this state respecting closed and open seasons.
2. For the purpose of permitting such field trials the commission may authorize shooting of legally acquired upland game birds during any closed season on the species of bird or birds to be hunted. [, and shall make provisions for the restocking of such game birds by those conducting the field trials.]
3. Nothing in this Title shall be construed to make it unlawful to break, train or practice hunting dogs, or to hold field trials therefor, between [July] August 1 and March 31, provided that native game birds are not killed, captured or injured thereby.
4. [Whenever legally acquired, domesticated game birds are used for the training of hunting dogs or in the holding of field trials, such domesticated game birds may be lawfully taken by shooting, providing the person so taking such birds shall have a valid hunting license.
5.] All [domesticated] legally acquired upland game birds used in a field trial or for the purpose of training hunting dogs shall be [inspected and legbanded by a representative of the commission before such birds are released.] banded with legbands by the person in charge of such field trial or training. Legbands shall be furnished by the commission at a cost of not to exceed 10 cents per legband. Such birds shall only be released in [areas that have first been designated by a representative of the commission as unpopulated game bird areas,] an area first approved by a representative of the commission, after which the commission shall authorize, under permit and under such rules and regulations as the commission may prescribe, the releasing of such [domesticated] legally acquired upland game birds for the foregoing purposes.
[6.] 5. All [domesticated] birds [taken] killed under the provisions of this section must be [immediately tagged with meat seals provided by the commission at a cost of not to exceed 5 cents each. The commission may, in the permit granting the releasing of such domesticated birds in a designated area, authorize a responsible person to affix the seals to the birds as soon as possible after killing.] accompanied by a receipt, giving the permit number, the date, the name of the person in possession, and signed by the permit holder. Birds killed and [sealed] accompanied by a receipt under the provisions of this section may be legally possessed.
Sec. 6. 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 or reel closely attended in the manner known as angling.
κ1959 Statutes of Nevada, Page 387 (CHAPTER 284, AB 114)κ
2. Carp or other coarse fish may be taken by seine [.] or by other methods authorized by commission regulation. Frogs may be taken by spear, bow and arrow, hook and line or by other methods authorized by commission regulation.
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.] not more than two plugs or similar lures. No more than two such [attractors,] plugs or lures, irrespective of the number of hooks or attractor blades attached thereto, shall be attached to the line. Only one such combination of hook, line and rod shall be used by one person at any time.
Sec. 7. NRS 503.340 is hereby amended to read as follows:
503.340 1. It [shall be] is unlawful for any person in the State of Nevada to accept or to receive for shipment or for transportation from any one person or in the name of any one person, firm, company or association, in any 1 calendar day, more than [10 pounds of game fish; but nothing in this section shall be so construed as to prevent the shipment, or receipt or acceptance of not more than 10 trout, regardless of weight, on 1 calendar day from any single consignor.] one daily creel and possession limit of game fish.
2. It [shall be] is unlawful for any person to offer or present, or to receive or accept for shipment, carriage or transportation, any box, bundle, package, basket or other container whatever in which are enclosed any of the [fishes] fish specified in this section, unless the box, bundle, package, basket or other container shall be so wrapped, tied or constructed that it may be opened for inspection or examination, and unless it shall bear a conspicuous label, easily read, which shall state the contents thereof, together with the name and address of the consignor and consignee.
3. Any false statement on the label either as to the contents enclosed or as to the true name or address of the consignor thereof or of the consignee shall be construed as a violation of this Title.
Sec. 8. NRS 503.590 is hereby amended to read as follows:
503.590 1. Except as provided in this section, it shall be unlawful for any person, firm, partnership or corporation to maintain any zoo, menagerie or display of live wild animals, wild birds or other wildlife or nondomesticated species of animals, either native or exotic, or to exhibit as a zoo, menagerie or display any living wild animals, birds or wildlife, whether for compensation or otherwise.
2. Any municipal corporation, political subdivision, agency or department of the State of Nevada may apply to the commission for permission to maintain and operate a zoo, menagerie or display of wild animals, wild birds or wildlife, setting forth such matters as may be required by the commission. Upon approval of the application, the applicant may maintain and conduct such zoo, menagerie or display of wild animals, wild birds or wildlife.
3. Any individual may apply to the commission for a permit to maintain a private collection of live wild animals, wild birds or reptiles. Being satisfied that such collection will not be maintained for public display nor as a part of or adjunct to any commercial establishment, the commission may grant such permit.
κ1959 Statutes of Nevada, Page 388 (CHAPTER 284, AB 114)κ
the commission may grant such permit. The permit shall authorize the permittee to keep and maintain [live predatory animals, live wild birds and live reptiles,] live predatory animals, live predatory birds, live nongame animals, live nongame birds and live reptiles, subject to inspection by the commission or its agents, and shall be revocable at any time.
4. Nothing in this section shall be construed to prohibit the collection, housing and study of animals, birds or reptiles by those engaged in scientific research, by and with the consent of the commission.
5. This section shall not apply to any regularly organized traveling circus, menagerie or trained act of wild animals not permanently located within the State of Nevada.
6. A violation of the provisions of this section shall be a misdemeanor.
Sec. 9. NRS 503.280 is hereby repealed.
________
Senate Bill No. 298Committee on Finance
CHAPTER 285
AN ACT providing an additional and supplemental appropriation for the support of the Nevada school of industry for the biennium ending June 30, 1959.
[Approved March 26, 1959]
Whereas, By the provisions of section 48 of chapter 391, Statutes of Nevada 1957, there was appropriated the sum of $314,890 for the support of the Nevada school of industry for the biennium commencing July 1, 1957, and ending June 30, 1959; and
Whereas, Because additional corrective measures must be commenced at the Nevada school of industry immediately and funds heretofore appropriated will be insufficient for these purposes; 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, 1959, there is hereby appropriated from the general fund in the state treasury the sum of $20,000 for the support of the Nevada school of industry as an additional and supplemental appropriation to that allowed and made by section 48 of chapter 391, Statutes of Nevada 1957.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 389κ
Senate Bill No. 237Senator Dial (by request)
CHAPTER 286
AN ACT to amend NRS section 684.350, relating to countersignatures on insurance policies, by excepting therefrom bid bonds issued in connection with the construction of public or private buildings.
[Approved March 26, 1959]
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 [.] , nor to bid bonds issued by any admitted surety insurer in connection with any public or private building or construction project.
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 bonds 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.
κ1959 Statutes of Nevada, Page 390 (CHAPTER 286, SB 237)κ
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.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 233Committee on Legislative Functions
CHAPTER 287
AN ACT to amend NRS section 224.050, relating to the salary, allowances and expenses of the lieutenant governor, by providing that the lieutenant governor shall receive travel allowances of 10 cents per mile for traveling from his home to the capital during legislative sessions; by allowing him $15 per diem allowance during session; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 224.050 is hereby amended to read as follows:
224.050 1. The [annual salary of the] lieutenant governor [shall be $600. From and after the expiration of the present term of the lieutenant governor, his successor and successors in office thereafter] shall receive an annual salary of $2,400.
2. In addition to the annual salary provided for in subsection 1, the lieutenant governor shall receive $25 per day for such times as he may be actually employed as governor or president of the senate, and [he shall also receive the per diem allowance and travel expenses as provided by law for state officers and employees when acting as governor, president of the senate, or in the discharge of other official duties as lieutenant governor.] if he 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 senate is actually convened, travel expenses at the rate of 10 cents per mile traveled.
3. In addition to the salary provided in subsections 1 and 2, if the lieutenant governor 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 a per diem expense allowance of $15 for each day he is away from his home and for the entire period that the legislature is in session.
4. The lieutenant governor shall receive the per diem allowance and travel expenses as provided by law for state officers and employees when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session.
κ1959 Statutes of Nevada, Page 391 (CHAPTER 287, SB 233)κ
Sec. 2. This act shall become effective upon passage and approval, and the provisions thereof shall be retroactive to January 19, 1959.
________
Senate Bill No. 221Committee on Agriculture and Irrigation
CHAPTER 288
AN ACT to amend chapter 555 of NRS, relating to insect and pest control and noxious weeds, by providing that, upon the request of the board of directors of a weed control district, the county commissioners shall assess real property in such district; by providing for liens and loans; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 555 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Upon the written request of the board of directors, the county commissioners shall, by resolution, levy an assessment upon all real property in the weed control district.
2. Every assessment so levied shall be a lien against the property assessed.
3. The county commissioners may obtain short-term loans of an amount of money not to exceed the total amount of such assessment, for the purpose of paying the expenses of controlling the weeds in the weed control district. Such loans may be made only after such assessments are levied.
________
Senate Bill No. 201Committee on Labor
CHAPTER 289
AN ACT to amend NRS sections 609.030 and 609.110, relating to the declaration of legislative policy and to working conditions and maximum hours of female employees, by removing the maximum female hours limitation applicable to female employees employed in an executive or supervisory capacity.
[Approved March 26, 1959]
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.
κ1959 Statutes of Nevada, Page 392 (CHAPTER 289, SB 201)κ
able 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.
3. The policy of this state is hereby declared to be:
(a) That 8 hours in any 1 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 87.5 cents for 1 hour, or $7 for 1 day of 8 hours, or $42 for 1 week of 6 days of 8 hours each, shall be paid such female workers under the age of 18 years in this state; and
(c) That no less than the rate of $1 for 1 hour, or $8 for 1 day of 8 hours, or $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 609.110 is hereby amended to read as follows:
609.110 1. It shall be unlawful for any person, firm, association or corporation, or any agent, servant, employee, or officer of any such firm, association or corporation employing females in any kind of work, labor or service in this state, except as provided in this section, to employ, cause to be employed, or permit to be employed any female for a longer period of time than 8 hours in any 13-hour period, or more than 48 hours in any calendar week, or more than 6 days in any calendar week.
2. In the event of the illness of the employer or other employees, or a temporary increase of the business of the employer which could not by reasonable diligence be foreseen, to the extent that a greater number of female employees would be required than normally if the regularly employed females were relieved from duty at the expiration of the 8-hour period, and no additional persons are then and there available or can be obtained with reasonable certainty who are capable of performing the duties required of the regularly employed females of any such employer, the regularly employed females may then be required and permitted to work and labor an additional period of time in a 24-hour period, but not to exceed 12 hours in such period, and in no event shall such females be required or permitted to be employed more than 56 hours in any 1 week of 7 days.
3. As to all hours the females shall be required or permitted to work, labor or serve over and above 8 hours in any 13-hour period, or 48 hours in any 1 week, such females shall be paid time and one-half for each additional hour, computed on their regular wage rates.
4. Nothing in this section applies to females employed in an executive or supervisory capacity who consent to perform work, labor or service beyond the period stated in this section.
Sec. 3. This act shall become effective upon passage and approval.
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κ1959 Statutes of Nevada, Page 393κ
Senate Bill No. 14Senator Dial
CHAPTER 290
AN ACT to amend NRS sections 645.030, 645.100, 645.120, 645.150, 645.280, 645.440 and 645.830, relating to real estate brokers and salesmen, by enlarging the definition of the term real estate broker; by redistricting the state; by increasing the amount of the maximum salary of the executive secretary of the Nevada real estate commission; by changing the locations of meetings of the Nevada real estate commission; by changing provisions relating to the employment or compensation of unlicensed real estate brokers or salesmen; by adding an additional ground for the refusal of licenses; by changing the fees for examinations of real estate brokers and salesmen and by deleting the fee requirements for nonresident working permits; to repeal NRS sections 645.006 and 645.008 which define the terms business opportunity broker and business opportunity salesman; and by providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 645.030 is hereby amended to read as follows:
645.030 1. Within the meaning of this chapter, a real estate broker is any person, copartnership, association or corporation:
(a) Who for another and for a compensation, or who with the intention or expectation of receiving a compensation, sells, exchanges, purchases, rents, or leases, or negotiates the sale, exchange, purchase, rental, or leasing of, or offers or attempts or agrees to negotiate the sale, exchange, purchase, rental, or leasing of, or lists or solicits prospective purchasers of, any real estate or the improvements thereon; or
(b) Who buys or offers to buy, sells or offers to sell, or otherwise deals in options on, real estate or the improvements thereon; or
(c) Who collects, or offers or attempts or agrees to collect, rental for the use of real estate or the improvements thereon.
(d) Who engages in or offers to engage in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of business opportunities or real estate by advance fee listing advertising or other offerings to sell, lease, exchange or rent property.
2. Any person, copartnership, association or corporation who, for another and for a compensation, aids, assists, solicits or negotiates the procurement, sale, purchase, rental or lease of public lands shall be deemed to be a real estate broker within the meaning of this chapter.
Sec. 2. NRS 645.100 is hereby amended to read as follows:
645.100 1. At least two members of the commission shall be residents of the [northern] eastern district of Nevada, and at least two members of the commission shall be residents of the [southern] western district of Nevada.
2. Not more than one member shall be appointed from any one county.
3. The [northern] eastern district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of [Churchill, Douglas, Elko, Eureka, Humboldt, Lyon, Lander, Ormsby, Pershing, Storey and Washoe.]
κ1959 Statutes of Nevada, Page 394 (CHAPTER 290, SB 14)κ
Pershing, Storey and Washoe.] Clark, Elko, Eureka, Lander, Lincoln, Nye and White Pine.
4. The [southern] western district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of [Clark, Esmeralda, Lincoln, Mineral, Nye and White Pine.] Churchill, Douglas, Esmeralda, Humboldt, Lyon, Mineral, Ormsby, Pershing, Storey and Washoe.
Sec. 3. NRS 645.120 is hereby amended to read as follows:
645.120 1. [After July 1, 1955, the] The commission shall employ an executive secretary whose annual compensation, not to exceed [$8,400,] $10,000, shall be fixed by the commission. The executive secretarys annual compensation shall be paid from commission funds received from regular revenue received by the commission under the provisions of this chapter.
2. The executive secretary shall:
(a) Possess a broad knowledge of generally accepted real estate practice and be reasonably well informed on laws governing real estate agency contracts.
(b) Furnish a corporate surety bond, which may be continuous in form, in an amount deemed adequate by the commission, conditioned upon the faithful performance of the duties of the office and true accounting of all funds.
(c) Not be interested in any real estate or brokerage firm, nor shall he act as a broker or salesman or agent therefor.
Sec. 4. NRS 645.150 is hereby amended to read as follows:
645.150 1. The commission shall hold regular meetings on the 2nd Monday of January and July of each year, one of which shall be held in the [northern] eastern district of the state, and one of which meetings shall be held in the [southern] western district of the state, at such place or places as shall be designated by the commission for that purpose.
2. Special meetings of the commission shall be held at the call of the president whenever there is sufficient business to come before the commission to warrant such action, at any place most convenient to the commission, or upon written request of two members of the commission. Written notice of the time, place and purpose of all such meetings shall be given to each commission member at least 5 days prior to the holding of a special meeting.
Sec. 5. NRS 645.280 is hereby amended to read as follows:
645.280 1. It shall be unlawful for any licensed real estate broker or real estate salesman to offer, promise, allow, give or pay, directly or indirectly, any part or share of his commission or compensation arising or accruing from any real estate transaction to any person who is not a licensed real estate broker or real estate salesman, in consideration of services performed or to be performed by such unlicensed person; but a licensed real estate broker may pay a commission to a licensed broker of another state.
2. No real estate salesman shall be employed by or accept compensation from any person other than the broker under whom he is at the time licensed.
κ1959 Statutes of Nevada, Page 395 (CHAPTER 290, SB 14)κ
3. It shall be unlawful for any licensed real estate salesman to pay a commission to any person except through the broker under whom he is at the time licensed.
Sec. 6. NRS 645.440 is hereby amended to read as follows:
645.440 1. If the commission, after an application in proper form has been filed with it, accompanied by the proper fee and the applicants certification of trustworthiness, competency and integrity, shall deny an application to the applicant, the commission shall give notice of the fact to the applicant within 15 days after its ruling, order or decision.
2. Upon written request from the applicant, filed within 30 days after receipt of such notice by the applicant, the commission shall set the matter down for a hearing to be conducted within 30 days after receipt of the applicants request.
3. The hearing shall be at such time and place as the commission shall prescribe. At least 15 days prior to the date set for the hearing, the commission shall notify the applicant and other persons interested or protesting, and shall accompany such notification with an exact copy of any protest filed, together with copies of any and all communications, reports, affidavits or depositions in possession of the commission touching upon or relating to the matter in question. Such written notice of hearing may be served by delivery personally to the applicant, or by mailing the same by registered mail to the last-known business address of the applicant. If the application is for a real estate salesmans license, the commission shall also notify the prospective broker-employer by mailing such notice by registered mail to the brokers last-known business address.
4. At the hearing the applicant shall be entitled to examine, either in person or by counsel, any and all persons protesting against him, as well as all other witnesses whose testimony is relied upon to substantiate any protest or denial of the application. He shall be entitled to present such evidence, written and oral, as he may see fit and as may be pertinent to the inquiry.
5. The hearing may be held by the commission or a majority thereof, and a hearing shall be held, if the applicant so desires, within the county where the applicants principal place of business is situated.
6. At the hearing, all witnesses shall be duly sworn by the commission, or any member thereof, and stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon the payment to the commission of such fee as it shall prescribe by general rule or regulation, not exceeding 25 cents per folio.
7. The commission shall render a decision on any application within 60 days from the final hearing on such application, and shall immediately notify the parties to the proceedings, in writing, of its ruling, order or decision.
8. Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, or has been convicted of a felony or a crime involving moral turpitude, and has been convicted thereof in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient ground for refusal of a license.
κ1959 Statutes of Nevada, Page 396 (CHAPTER 290, SB 14)κ
a felony or a crime involving moral turpitude, and has been convicted thereof in a court of competent jurisdiction of this or any other state, district or territory of the United States, or of a foreign country, such untrustworthiness of the applicant, and the conviction, may in itself be sufficient ground for refusal of a license.
9. Where an applicant has made a false statement of material fact on his application such false statement may in itself be sufficient ground for refusal of a license.
Sec. 7. NRS 645.830 is hereby amended to read as follows:
645.830 The following fees shall be charged by and paid to the commission: [on and after January 1, 1956:]
For each section of a real estate brokers examination...................... [$25] $3
For each original real estate brokers license............................................... 40
For each renewal real estate brokers license, for 1 year or fraction thereof 40
For each license as a real estate broker issued to a member of a copartnership, association or officer of a corporation, other than the member of the copartnership, association or officer of the corporation named in the license issued to such copartnership, association or corporation.... 40
For each annual renewal thereof....................................................... 40
For each section of a real estate salesmans examination................. [$15] 3
For each real estate salesmans license........................................................ 20
For each renewal real estate salesmans license, for 1 year or fraction thereof 20
For each branch office brokers license, for 1 year or fraction thereof.... 25
For each change of name or address............................................................. 3
For each transfer of real estate salesmans license on change of employer 3
For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof........................... 5
For each reinstatement of a real estate brokers or salesmans license... 3
For each reinstatement of a real estate brokers or salesmans license when a licensee fails to give written notice to the commission within 30 days of a change of name, address or broker-employer....................................... 10
For each change of status from broker to broker-salesman, or the reverse 3
[For each nonresident working permit, for 1 year or a fraction thereof.... 40]
Sec. 8. NRS 645.006 and 645.008 are hereby repealed.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 397κ
Senate Bill No. 72Senators Brown, Gallagher, Seevers and Whitacre (By request of the Legislative Commission)
CHAPTER 291
AN ACT to amend chapter 356 of NRS, relating to depositories of public funds and securities, by creating a new provision relating to interest on deposits of county moneys in banks.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 356 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. All moneys placed in any depository banks in inactive accounts may be deposited with the written consent of the board of county commissioners at a rate of interest equivalent to the rate of interest on inactive accounts established by the state treasurer and the state board of finance in connection with inactive state accounts. The inactive accounts so established shall be subject to the applicable contract between the depository and the county.
2. The provisions of this section shall not be construed to require any depository to accept county deposits.
________
Senate Bill No. 124Committee on Banks, Banking and Corporations (By request of the Insurance Commissioner)
CHAPTER 292
AN ACT to amend chapter 693 of NRS relating to casualty insurance, fidelity bonds and surety contracts by creating new provisions relating to motor clubs; defining certain words and terms; providing conditions under which motor clubs may do business in this state; providing for certificates of authority and regulating service contracts; regulating and licensing agents of motor clubs; and providing certain penalties; to amend NRS sections 693.010, 693.020 and 693.040 relating to casualty insurance, fidelity bonds and surety contracts by making certain technical reference changes required by the addition of the new provisions relating to motor clubs; and providing other matters properly relating thereto.
[Approved March 26, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 693 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 50, inclusive, of this act.
Sec. 2. Except where the context otherwise requires, the terms used in sections 2 to 50, inclusive, shall be given the meanings set forth in sections 3 to 20, inclusive, but such meaning shall not, merely by reason of enactment of sections 3 to 20, inclusive, govern the interpretation of any other provision of this Title.
Sec. 3. Any act by a motor club for the purpose of rendering a service defined in sections 2 to 50, inclusive, constitutes such service, whether or not the service as defined is completed.
κ1959 Statutes of Nevada, Page 398 (CHAPTER 292, SB 124)κ
Sec. 4. Bail bond service is the furnishing or procuring by a motor club of a cash deposit or undertaking required by law in order that a person accused of violation of any law may enjoy personal freedom pending trial.
Sec. 5. Buying and selling service is an arrangement by a motor club whereby the holder of a service contract with any such club is aided in any way in the purchase or sale of an automobile.
Sec. 6. Claim adjustment service is an act by a motor club for the purpose of adjusting claims on behalf of the holder of a service contract with any such club, when such claim results from injury or damage to person or property arising out of an accident, in connection with the ownership, maintenance, operation and use of a motor vehicle.
Sec. 7. Club agent is a person other than the motor club itself who acts or aids in any manner in the solicitation, delivery or negotiation of any service contract, or of the renewal or continuance thereof.
Sec. 8. Discount service is an arrangement by a motor club resulting in giving special discounts, rebates or reductions of price on gasoline, oil, repairs, parts, accessories or service for motor vehicles to holders of service contracts with any such club.
Sec. 9. Emergency road service is the adjustment, repair or replacement by a motor club of the equipment, tires or mechanical parts of a motor vehicle so as to permit it to be operated under its own power.
Sec. 10. Financial service is an arrangement by a motor club whereby loans or other advances of money are made to holders of service contracts with any such club.
Sec. 11. Insurance service is the selling or giving, with a service contract or as a result of membership in or affiliation with a motor club, of a policy of insurance written by an authorized insurance carrier covering liability or loss by the holder resulting from injury or damage to person or property arising out of an accident, such liability or loss being the consequence of the ownership, maintenance, operation or use of a motor vehicle.
Sec. 12. License service is the rendering of assistance by a motor club to any person in obtaining:
1. Registration of a motor vehicle with the state.
2. An operators license.
3. A chauffeurs license.
4. A transfer of legal ownership or registration upon the records of the department of motor vehicles.
Sec. 13. Map service is the furnishing by a motor club of roadmaps without cost to holders of service contracts with any such club.
Sec. 14. Motor club is a person directly or indirectly engaged, either as principal or agent, in selling or offering for sale, furnishing or procuring motor club service.
Sec. 15. Motor club service is the rendering or procuring of any of the services defined in sections 2 to 50, inclusive, to any person in connection with the ownership, operation, use or maintenance of a motor vehicle by such person upon any of the following considerations:
1. Such person is or will become a member of the club rendering or furnishing the service.
κ1959 Statutes of Nevada, Page 399 (CHAPTER 292, SB 124)κ
2. Such person is or will become in any manner affiliated with such club.
3. Such person is or will become entitled to receive membership or other motor club service from the club by virtue of any agreement or understanding with any such club.
Sec. 16. Person is any individual, association, organization, partnership, business trust or corporation.
Sec. 17. Service contract is a written agreement whereby any person promises for a consideration to render, furnish or procure motor club service for any other person.
Sec. 18. Theft service is an act by a motor club for the purpose of locating, identifying or recovering a stolen or missing motor vehicle owned or controlled by the holder of a service contract with any such club or for the purpose of detecting or apprehending the person guilty of the theft.
Sec. 19. Touring service is the furnishing by a motor club of touring information without cost to holders of service contracts with any such club.
Sec. 20. Towing service is the drafting or moving by a motor club of a motor vehicle from one place to another under other power than its own.
Sec. 21. 1. A person shall not render or agree to render motor club service without first depositing and thereafter continuously maintaining security in one of the following forms with the commissioner:
(a) The sum of $100,000 in cash.
(b) Securities approved by the commissioner, having a market value of $100,000 and being of a type approved by the commissioner and legal for investment by admitted insurers issuing nonassessable policies on a reserve basis.
(c) A surety bond in the principal sum of $100,000 with an admitted surety insurer as surety.
2. The provisions of subsection 1 shall not apply until July 1, 1960, to any person rendering motor club service in this state on the effective date of this act.
Sec. 22. Such security shall:
1. Be for the protection, use and benefit of all persons whose applications for membership in a motor club have been accepted by such club or its representative.
2. Be subject to the following conditions and, if a bond, shall be so expressly conditioned:
(a) The club will faithfully furnish and render to such persons any and all of the motor club services sold or offered for sale by it.
(b) The club will pay any fines, fees or penalties imposed upon it under or pursuant to sections 2 to 50, inclusive.
Sec. 23. If such bond is filed, any person defrauded or injured by any wrongful act, misrepresentation or failure on the part of a motor club with respect to the selling or rendering of any of its services may bring suit on such bond in his own name; but the aggregate liability of the surety for all such suits shall, in no event, exceed the sum of such bond.
Sec. 24. A deposit of cash or securities, in lieu of such bond, shall be subject to the conditions applying to the bond and is also subject to execution on judgments against the club.
κ1959 Statutes of Nevada, Page 400 (CHAPTER 292, SB 124)κ
be subject to the conditions applying to the bond and is also subject to execution on judgments against the club.
Sec. 25. The name of a motor club shall be submitted to the commissioner for approval pursuant to section 27, before the commencement of business under the provisions of sections 2 to 50, inclusive. The commissioner may reject any name so submitted when the proposed name would interfere with the transactions of a motor club already doing business in this state or is so similar to one already appropriated as to confuse or is likely to mislead the public in any respect. In such case a name not liable to such objections shall be chosen.
Sec. 26. A person shall not render or agree to render motor club service in this state without first procuring from the commissioner a certificate of authority so to act.
Sec. 27. The commissioner shall not issue a certificate of authority to any motor club until:
1. It files with him the following:
(a) A formal application for the certificate in such form and detail as the commissioner requires, executed under oath by its president or other principal officer.
(b) A certified copy of its charter or articles of incorporation and its bylaws.
2. It pays to the commissioner an annual license fee of $10.
3. It deposits the required cash, securities or bond with the commissioner.
4. Its name is approved by the commissioner under the provisions of section 25.
Sec. 28. Every certificate of authority issued to a motor club shall expire annually on July 1, of each year, unless sooner revoked or suspended.
Sec. 29. 1. The commissioner shall revoke or suspend the certificate of authority of a motor club whenever, after a hearing, he finds in accordance with the procedure provided in NRS 680.200 that any of the following circumstances exist:
(a) The club has violated any provision of sections 2 to 50, inclusive.
(b) It is insolvent.
(c) Its assets are less than its liabilities.
(d) It or its officers refuse to submit to an examination.
(e) It is transacting business fraudulently.
2. The commissioner shall give notice of such revocation or suspension to the public in such manner as he deems proper.
Sec. 30. The commissioner, on receipt of a verified complaint reciting facts indicating that a motor club is insolvent or is transacting its business in a fraudulent manner, may demand from the club a statement under oath setting forth its assets and liabilities. He may, for the purpose of verifying the correctness of such statement, examine the books of the club from which such statement purports to have been prepared.
Sec. 31. If such statement is not furnished within 20 days from the time of such demand by the commissioner, or if upon the examination of such records the statement furnished or any record examined is found to contain any willful misstatement of fact, the expense of the examination shall be paid by the motor club.