[Rev. 3/1/2019 5:43:04 PM]
κ1959 Statutes of Nevada, Page 801 (CHAPTER 462, AB 413)κ
3. To develop for schools of the state a uniform system of budgeting and accounting, which system, when approved by the superintendent of public instruction and the state board of education, shall be made mandatory for all public schools in the state, and shall be enforced by the [deputy superintendents] superintendent of public instruction [in each educational supervision district] as provided for in subsection [4 of NRS 385.410.] 2 of section 30 of this act.
4. To carry on a continuing study of school finance in the state, and particularly of the method by which schools are financed on the state level, and to make such recommendations to the superintendent of public instruction and the state board of education as he may, from time to time, deem advisable.
5. To recommend to the superintendent of public instruction and the state board of education such changes in budget and financial procedures as his studies may show to be advisable.
6. To perform any other statistical and financial duties pertaining to the administration and finance of the schools of the state as may, from time to time, be required by the superintendent of public instruction.
7. To prepare the budgets of the state department of education for biennial submission to the governor.
8. To employ one secretary at the rate fixed in accordance with the pay plan adopted by the state pursuant to the provisions of chapter 284 of NRS.
Sec. 3. NRS 385.330 is hereby amended to read as follows:
385.330 1. The superintendent of public instruction, with the approval of the state board of education, [shall appoint one deputy superintendent of public instruction for each educational supervision district.] may appoint such number of deputy superintendents of public instruction as is necessary to carry out the duties of his office.
2. [Each deputy superintendent of public instruction shall devote his entire time to school supervision and shall not engage in any other work while holding office.] The office of each deputy superintendent of public instruction shall be located where, in the judgment of the superintendent of public instruction and the state board of education, the needs of the education program can best be served.
3. Each deputy superintendent shall perform such duties as are assigned by the superintendent of public instruction and the state board of education.
Sec. 4. NRS 385.340 is hereby amended to read as follows:
385.340 [1. Any person holding a teachers certificate of high school grade and who shall have had not less than 45 months of successful experience in teaching, at least 20 months of which shall have been in the State of Nevada, shall be eligible to appointment as a deputy superintendent of public instruction.
2. No other person shall be eligible to such appointment.] The qualifications for the office of deputy superintendent of public instruction shall be fixed by the state department of personnel.
Sec. 5. NRS 385.370 is hereby amended to read as follows:
385.370 When the state board of education shall order his attendance, a deputy superintendent of public instruction shall attend the meetings of the state board of education to furnish such information [pertaining to the schools of his educational supervision district.]
κ1959 Statutes of Nevada, Page 802 (CHAPTER 462, AB 413)κ
meetings of the state board of education to furnish such information [pertaining to the schools of his educational supervision district.] as may be required by the state board of education.
Sec. 6. NRS 385.380 is hereby amended to read as follows:
385.380 [Each deputy superintendent of public instruction shall grade the schools in his educational supervision district in July of each year, designating which schools are high schools and which are elementary schools. He shall keep in his office a record of such gradation.] The state department of education shall grade the schools in the state, designating which schools are secondary schools and which are elementary schools.
Sec. 7. NRS 385.390 is hereby amended to read as follows:
385.390 [Each] The superintendent of public instruction may appoint deputy [superintendent] superintendents of public instruction [shall] to act as [a deputy examiner] examiners at teachers examinations, and [shall] to assist the state board of education in preparing courses of study.
Sec. 8. NRS 385.400 is hereby amended to read as follows:
385.400 [Within his educational supervision district, a deputy] The superintendent of public instruction shall have power:
1. To suspend, for a time not to exceed 1 year, the certificate of any teacher who fails to attend any district conference, unless the teacher is excused from attending by the superintendent of public instruction.
2. To suspend, after 10 days notice and a hearing, the certificate of any teacher for any of the causes for which a certificate may be revoked by the state board of education.
Sec. 9. NRS 385.410 is hereby amended to read as follows:
385.410 [Within his educational supervision district, each deputy superintendent of public instruction] The state department of education shall:
1. File with the county auditor of each county a directory of all teachers who shall be entitled to draw salaries from the state or the county school district funds, and [he] shall advise the county auditor from time to time of any changes or additions to the directory. The county auditor shall not draw any warrant in favor of any teacher until he shall be informed officially by the [deputy superintendent of public instruction] state department of education that such teacher is legally entitled to receive a salary from the state or county school district funds.
2. File with the county auditor a directory of all qualified school trustees of each county.
[3. Investigate any claim against any school fund whenever a written protest against the drawing of a warrant in payment of the claim against any school fund shall be filed with the county auditor. If, upon investigation, the deputy superintendent of public instruction finds that any claim against any school fund is unearned, illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for such claim, stating the reasons in writing why such order is unearned, illegal or excessive. If so notified, the county auditor shall not draw his warrant in payment of such claim.
κ1959 Statutes of Nevada, Page 803 (CHAPTER 462, AB 413)κ
in payment of such claim. If the deputy superintendent of public instruction finds that any protested claim is legal and actually due the claimant, he shall authorized the county auditor to draw his warrant for such claim, and the county auditor shall immediately draw his warrant in payment of the claim.
4. Inspect the record books and accounts of boards of trustees, and he shall authorize and enforce an efficient method of keeping the financial records and accounts of the school district.
5. Inspect the school fund accounts of the county auditors of the several counties, and he shall report the condition of the funds of any school district to the board of trustees thereof.]
Sec. 10. NRS 386.310 is hereby amended to read as follows:
386.310 1. On the 1st Monday in January following a general election, the board of trustees shall meet and organize by:
(a) Electing one of its members as president.
(b) Electing one of its members as clerk, or by selecting some other qualified person as clerk.
2. A record of the organization of the board of trustees shall be entered in the minutes, together with the amount of salary to be paid to the clerk.
3. Immediately after the organization of the board of trustees, the clerk shall file the names of the president, the clerk and the members of the board of trustees with the [deputy superintendent of public instruction of the proper educational supervision district] state department of education and the county auditor or auditors of the county or counties whose boundaries are conterminous with the boundaries of the county school district or joint school district.
Sec. 11. NRS 386.370 is hereby amended to read as follows:
386.370 Annually, on or before July 1, each board of trustees shall make or cause to be made a report to the [deputy] superintendent of public instruction, [of the proper educational supervision district,] in the manner and form and on the blanks prescribed by the superintendent of public instruction.
Sec. 12. NRS 387.315 is hereby amended to read as follows:
387.315 1. Every order drawn by the clerk of the board of trustees of a school district shall be accompanied by an itemized statement of the purpose of purposes for which the order is issued, and a true copy of an itemized invoice drawn by the person, association, firm or corporation in whose favor the order is drawn. The statement and a true copy of the invoice shall be filed in the office of the county auditor and shall be subject to inspection by the superintendent of public instruction. [and the deputy superintendent of public instruction of the proper educational supervision district.] Statements and invoices shall be kept on file until ordered destroyed by the state board of education.
2. No order for the payment of money of any school district shall be issued by the clerk of the board of trustees unless there shall be in the county treasury, to the credit of the school district, a sum of money equal to the full amount for which the order is issued, and which sum is available for the purpose of the order.
3. If the clerk of any board of trustees shall draw any order for the payment of school moneys in violation of law, the members of the board of trustees shall be jointly and severally liable for the amount of the order.
κ1959 Statutes of Nevada, Page 804 (CHAPTER 462, AB 413)κ
the payment of school moneys in violation of law, the members of the board of trustees shall be jointly and severally liable for the amount of the order.
Sec. 13. NRS 388.050 is hereby amended to read as follows:
388.050 1. The board of trustees of a school district, with the approval of the [deputy] superintendent of public instruction, [of the proper educational supervision district,] may create a new school attendance area in the school district and define its boundaries when:
(a) A school attendance area is not in existence.
(b) Transportation to an existing school is not feasible or practical.
2. Whenever the attendance of any school child or school children is the determining factor in the creation of a school attendance area, such child must be a resident child or such children must be resident children within the meaning of subsection 3 before any such school district shall be entitled to receive any apportionment of public school money.
3. As used in this Title of NRS, the terms resident child and resident children mean all normal children between the ages of 6 and 17 years who have actually resided in the proposed school attendance area within the school district with a parent or parents, or a guardian or guardians, for a period of at least 3 months, but do not include:
(a) Children residing in the proposed school attendance area within the school district who have already completed the grades proposed to be taught in the school.
(b) Children whose parents or guardians reside or have their home outside the state or in any other school attendance area within the school district or in any other school district within the state.
4. A school attendance area shall be abolished when the board of trustees act according to the powers granted them in NRS 388.040.
Sec. 14. NRS 388.060 is hereby amended to read as follows:
388.060 1. The board of trustees of a school district may establish, equip and maintain a kindergarten or kindergartens in school attendance areas when:
(a) The board receives a petition from the parents or guardians of 25 or more resident children who will be eligible to attend kindergarten under the provisions of this section; and
(b) The [deputy] superintendent of public instruction [for the educational supervision district] approves.
2. No child shall be eligible to attend kindergarten who will not reach the age for his enrollment in the first grade the following school year under the provisions of NRS 392.040.
3. The board of trustees of a school district in which a kindergarten is to be established under the provisions of this Title of NRS shall budget for such purposes by including the costs in the next regular budget for the school district.
4. If the average daily attendance of any kindergarten in any school district is 15 or less for the school year, the board of trustees shall, at the close of the school year, discontinue the kindergarten.
Sec. 15. NRS 388.100 is hereby amended to read as follows:
388.100 1. If funds are made available therefor, boards of trustees of school districts shall maintain at least 9 months of school in their school districts each school year.
κ1959 Statutes of Nevada, Page 805 (CHAPTER 462, AB 413)κ
of school districts shall maintain at least 9 months of school in their school districts each school year.
2. Whenever there shall be sufficient money to the credit of any school district to pay the expenses of maintaining a school for 9 months in any school year, and the board of trustees shall, for any reason, neglect to provide for the 9 months of school, the [deputy] superintendent of public instruction shall:
(a) Take such steps as may be necessary to prolong and maintain the school for at least 9 months.
(b) Draw his order on the county auditor. The county auditor shall draw his warrant on the county treasurer in payment of all expenses incurred in prolonging school as provided in this section.
Sec. 16. NRS 388.180 is hereby amended to read as follows:
388.180 1. At the time of making the regular quarterly apportionments, the superintendent of public instruction shall apportion from the state distributive school fund to the school districts which have established and maintained evening schools in accordance with the provisions of NRS 388.160 to 388.190, inclusive, such an amount as is shown, by reports from the several evening schools, to be necessary under NRS 388.160 to 388.190, inclusive. In no case shall the total amount so apportioned in any 1 year exceed the amount set aside for this purpose in the general appropriation act and budgeted for this purpose. Apportionment to any school district for evening schools shall be made in accordance with regulations made by the state board of education.
2. Reports shall be made to the superintendent of public instruction at such time and in such manner as he shall prescribe.
3. Teachers in evening schools shall keep, by months, daily records of enrollment and attendance of pupils under their instruction, and before the school district receives any apportionment provided for in NRS 388.160 to 388.190, inclusive, and at the close of the session, they shall make a final report in triplicate on the blanks provided therefor by the superintendent of public instruction, and file a copy thereof with the superintendent of public instruction [, with the deputy superintendent of public instruction for that educational supervision district,] and with the clerk of the board of trustees of the school district.
Sec. 17. NRS 391.080 is hereby amended to read as follows:
391.080 1. Each teacher employed in this state whose compensation is payable out of the public funds, except teachers employed pursuant to the provisions of NRS 391.070, shall take and subscribe to the constitutional oath of office before entering upon the discharge of his duties.
2. The oath of office, when taken and subscribed, shall be filed in the office of the [deputy superintendent of public instruction of the proper educational supervision district.] state department of education.
3. The superintendent of public instruction, deputy superintendents of public instruction, members of boards of trustees of school districts, superintendents of schools and principals of schools are empowered to administer the oath of office to teachers.
κ1959 Statutes of Nevada, Page 806 (CHAPTER 462, AB 413)κ
Sec. 18. 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.
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 15 school days in the aggregate in any 1 school year, or for more than 25 school days in the aggregate for any 2 consecutive school years, or for more than 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. 19. NRS 391.230 is hereby amended to read as follows:
391.230 1. Upon the opening of any public school in this state, every teacher therein shall file with the [deputy] superintendent of [public instruction of the proper educational supervision] the county school district a Nevada teachers certificate entitling the holder to teach in the school in which he will be employed, together with the oath of office, and any other report that the superintendent of public instruction shall require.
2. The [deputy] superintendent of [public instruction] the county school district shall acknowledge the receipt of each teachers certificate, [and] shall make a proper record of the same in his office [.] , and shall forward the oath of office to the state department of education. The teachers certificate shall remain on file and shall be safely kept in the office of the [deputy] superintendent of [public instruction.] the county school district.
κ1959 Statutes of Nevada, Page 807 (CHAPTER 462, AB 413)κ
Sec. 20. NRS 391.250 is hereby amended to read as follows:
391.250 1. [Two weeks before closing the school, each] Each teacher shall make a final report in the manner and on the blank forms prescribed by the superintendent of public instruction. The final report shall include all required statistics and information for the entire school year, notwithstanding any previous report for a part of the year. [The teacher shall make fair estimates of the statistics and information of the last 2 weeks in order to close the final report.]
2. Upon receipt of the teachers final report, the [deputy] superintendent of [public instruction] the county school district shall, if he approves the report as correct, notify the clerk of the board of trustees of the school district from which the report comes that the teachers final report as required by law has been received. Only then shall the clerk of the board of trustees draw the boards order in payment for the teachers last months salary. Any order of a board of trustees drawn in violation of the provisions of this section shall be illegal.
Sec. 21. NRS 391.350 is hereby amended to read as follows:
391.350 1. If any teacher employed by any board of trustees of a school district for a specified time shall fail to comply with the provisions of his contract without the written consent of the board of trustees, the teacher shall be deemed guilty of unprofessional conduct.
2. Upon receiving formal complaint from the board of trustees, [or the deputy superintendent of public instruction of the proper educational supervision district,] substantiated by conclusive evidence of such failure, the state board of education may suspend the certificate of the teacher for a period of 1 year.
Sec. 22. NRS 392.010 is hereby amended to read as follows:
392.010 1. The board of trustees of any school district may, with the approval of the [deputy superintendent of public instruction of the educational supervision district in which the school district is located:] state department of education:
(a) Admit to the school or schools of the school district any pupil or pupils living in an adjoining state or in an adjoining school district within this state; or
(b) Pay tuition for pupils residing in the school district but who attend school in an adjoining state or in an adjoining school district within this state.
2. An agreement shall be entered into between the board of trustees of the school district in which the pupil or pupils reside and the board of trustees of the school district in which the pupil or pupils attend school, providing for the payment of such tuition as may be agreed upon, but:
(a) The amount of tuition per pupil in average daily attendance shall not exceed the average current expenditure per pupil of the school district where such pupil or pupils reside; and
(b) If tuition is paid to a school district in an adjoining state, the school district in which the pupil or pupils reside shall not pay any costs of board, lodging and subsistence of the pupil or pupils as provided in NRS 392.350; and
κ1959 Statutes of Nevada, Page 808 (CHAPTER 462, AB 413)κ
(c) Transportation costs shall be paid by the board of trustees of the school district in which the pupil or pupils reside:
(1) If any are incurred in transporting a pupil or pupils to an adjoining school district within the state; and
(2) If any are incurred in transporting a pupil or pupils to an adjoining state; but no transportation costs in excess of costs incurred for transporting a pupil or pupils 30 miles one way or 60 miles round trip shall be allowed and paid.
3. In addition to the provisions for the payment of tuition and transportation costs for pupils admitted to an adjoining school district as provided in subsection 2, the agreement may contain provisions for the payment of reasonable amounts of money to defray the costs of operation, maintenance and depreciation of capital improvements which can be allocated to such pupils.
Sec. 23. NRS 392.030 is hereby amended to read as follows:
392.030 1. Subject to the provisions of subsection 2, the board of trustees of a school district shall have the power to suspend or expel from any public school within the school district, with the advice of the teachers and [deputy superintendent of public instruction of the proper educational supervision district,] the state department of education, any pupil who will not submit to reasonable and ordinary rules of order and discipline therein.
2. No school teacher, principal or board of trustees shall expel or suspend any pupil under the age of 14 years for any cause without first securing the consent of the [deputy superintendent of public instruction of the proper educational supervision district.] state department of education.
Sec. 24. NRS 392.080 is hereby amended to read as follows:
392.080 Attendance required by the provisions of NRS 392.040 shall be excused when the [deputy superintendent of public instruction of the proper educational supervision district] the state department of education has determined that the childs residence is located at such distance from the nearest public school as to render attendance unsafe or impractical, and the childs parent or guardian has notified the board of trustees to that effect in writing.
Sec. 25. NRS 392.350 is hereby amended to read as follows:
392.350 1. When the daily transportation of a pupil is not practical or economical, the board of trustees, in lieu of furnishing transportation, may pay to the parents or guardian of the pupil an amount of money not to exceed $3 per school attendance day to assist the parents or guardian in defraying the cost of board, lodging and subsistence of the pupil in a city or town in the State of Nevada having a public school, If such public school is in an adjoining county, costs for tuition and transportation or for tuition and subsistence shall not exceed the per pupil costs for tuition and transportation or tuition and subsistence to the nearest public school in Nevada.
2. Payment of money in lieu of furnishing transportation may be made only if:
(a) The guardian or parents have been residents in the area for a period of time set by the board of trustees; and
κ1959 Statutes of Nevada, Page 809 (CHAPTER 462, AB 413)κ
(b) The [deputy superintendent of public instruction of the proper educational supervision district] state department of education approves.
Sec. 26. NRS 393.050 is hereby amended to read as follows:
393.050 1. A board of trustees of a school district shall cause to be constructed at least two suitable, convenient toilets for each of the schools under its charge, which shall be approved by the state board of health.
2. If the board of trustees fails or neglects to provide toilets in accordance with the provisions of subsection 1, the [deputy superintendent of public instruction for the proper educational supervision district] state department of education shall cause such toilets to be built, and shall pay for them by drawing [his] its order on the county auditor on the funds of the school district. The county auditor shall draw his warrant upon the county treasurer in payment of the order.
Sec. 27. NRS 393.100 is hereby amended to read as follows:
393.100 1. The board of trustees of a school district shall keep the public school buildings, teacherages, dormitories, dining halls, gymnasiums, stadiums and all other buildings in its charge in such repair as is necessary for the comfort and health of pupils and teachers.
2. If the board of trustees neglects to make necessary repairs, the [deputy superintendent of public instruction for the proper educational supervision district] state department of education shall cause necessary repairs, not to exceed $500, to be made, and shall pay for the same by drawing [his] its order upon the county auditor on the funds of the school district. The county auditor shall draw his warrant upon the county treasurer in payment of the order.
Sec. 28. NRS 393.200 is hereby amended to read as follows:
393.200 1. The board of trustees of a school district shall provide a suitable flag of the United States for each schoolhouse in the school district. The flag shall be hoisted on the schoolhouse or flagpole on all days when school is in session.
2. The board of trustees is authorized and directed to cause the flags to be paid for out of any school money in the school district fund.
3. If the board of trustees of a school district shall fail or neglect to provide a flag, the [deputy superintendent of public instruction] state department of education shall provide the school with a flag and shall cause the same to be installed upon the schoolhouse or flagpole provided therefor, and shall pay the expenses therefor by drawing [his] its order upon the county auditor. The county auditor shall draw his warrant upon the county treasurer in payment of the order.
Sec. 29. NRS 393.240 is hereby amended to read as follows:
393.240 1. When the board of trustees proposes to sell or lease any real property, the board shall appoint two appraisers. A third appraiser shall be appointed by the [deputy superintendent of public instruction of the educational supervision district in which the real property to be sold or leased is situated.] state department of education.
2. The appraisers shall make a report to the board of trustees of their findings and determinations of the cash market value of the property proposed to be sold, or the rental value of the property proposed to be leased.
κ1959 Statutes of Nevada, Page 810 (CHAPTER 462, AB 413)κ
their findings and determinations of the cash market value of the property proposed to be sold, or the rental value of the property proposed to be leased.
3. No sale or lease of real property shall be made for less than the value fixed by the appraisers.
4. The compensation of the appraisers shall be fixed by the board of trustees, and shall be a legal charge against the school district fund.
Sec. 30. NRS 386.260 is hereby amended to read as follows:
386.260 1. Trustees shall be elected as provided in chapters 296, 300 and 303 of NRS.
2. After the close of any election, and in accordance with law, the board of county commissioners shall make abstracts of the votes cast for trustees and shall immediately transmit the abstracts to the board of trustees of the county school district or joint school district, as the case may be. Upon receipt of the abstracts, the board of trustees shall:
(a) Meet forthwith.
(b) Examine the abstracts.
(c) Declare the results of the election.
(d) Order the clerk of the board of trustees to issue election certificates to the candidates elected.
3. Immediately, the clerk of the board of trustees shall transmit a copy of each election certificate to the [deputy] superintendent of public instruction. [of the proper educational supervision district.]
Sec. 31. NRS 386.300 is hereby amended to read as follows:
386.300 Each trustee shall:
1. Enter upon the duties of his office on the 1st Monday in January next following his election.
2. Hold office until his successor is elected and qualified.
3. Take and subscribe to the official oath.
4. File with the [deputy] superintendent of public instruction [of the proper educational supervision district] a copy of his official oath together with a statement showing the term for which he has been elected or appointed.
Sec. 32. NRS 386.330 is hereby amended to read as follows:
386.330 1. The board of trustees shall hold a regular meeting at least once each month, at such time and place as the board shall determine.
2. Special meetings of the board of trustees shall be held at the call of the president whenever there is sufficient business to come before the board, or upon the written request of three members of the board.
3. The clerk of the board of trustees shall give written notice of each special meeting to each member of the board of trustees by personal delivery of the notice of the special meeting to each trustee at least 1 day before the meeting, or by mailing the notice to each trustees residence of record, [in the office of the deputy superintendent of the proper educational supervision district] by deposit in the United States mails, postage prepaid, at least 4 days before the meeting. The notice shall specify the time, place and purpose of the meeting. If all of the members of the board of trustees are present at a special meeting, the lack of notice shall not invalidate the proceedings of the board of trustees.
κ1959 Statutes of Nevada, Page 811 (CHAPTER 462, AB 413)κ
at a special meeting, the lack of notice shall not invalidate the proceedings of the board of trustees.
4. A majority of the members of the board of trustees shall constitute a quorum for the transaction of business, and no action of the board of trustees shall be valid unless such action shall receive, at a regularly called meeting, the approval of a majority of all the members of the board of trustees.
Sec. 33. Chapter 385 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In addition to the powers and duties prescribed in NRS 385.310, the second assistant superintendent of public instruction shall:
1. Investigate any claim against any school fund whenever a written protest against the drawing of a warrant in payment of the claim against any school fund shall be filed with the county auditor. If, upon investigation, the second assistant superintendent of public instruction finds that any claim against any school fund is unearned, illegal or unreasonably excessive, he shall notify the county auditor and the clerk of the board of trustees who drew the order for such claim, stating the reasons in writing why such order is unearned, illegal or excessive. If so notified, the county auditor shall not draw his warrant in payment of such claim. If the second assistant superintendent of public instruction finds that any protested claim is legal and actually due the claimant, he shall authorize the county auditor to draw his warrant for such claim, and the county auditor shall immediately draw his warrant in payment of the claim.
2. Inspect the record books and accounts of boards of trustees, and he shall authorize and enforce an efficient method of keeping the financial records and accounts of the school district.
3. Inspect the school fund accounts of the county auditors of the several counties, and he shall report the condition of the funds of any school district to the board of trustees thereof.
Sec. 34. NRS 385.360 is hereby repealed.
________
Assembly Bill No. 438Messrs. Jepson and Christensen (Washoe)
CHAPTER 463
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2.01 of Article II of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 374, is hereby amended to read as follows:
Section 2.01. The mayor, with the city clerk or some member of the council, shall at least once each month, county the cash in the city treasury and see that such count corresponds with the books of the treasurer, and report the result to the council.
κ1959 Statutes of Nevada, Page 812 (CHAPTER 463, AB 438)κ
the council, shall at least once each month, county the cash in the city treasury and see that such count corresponds with the books of the treasurer, and report the result to the council. He shall see that all contracts are faithfully kept and fully performed, and to that end, and in any case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended. [He shall have the power to suspend any appointive officer for dereliction, neglect or nonperformance of duty, and report such action and cause therefor, to the council, at the first subsequent regular meeting, and if the council by a majority vote of the whole council approve the suspension, such office shall be declared vacant. If a majority vote of the whole council be against such approval, such suspension shall be revoked.] It shall be the duty of the mayor to recommend to the council the suspension or dismissal of any appointive officer of the city, who is not within the civil service system, for dereliction, neglect or nonperformance of duty or for any other reason as might appear to him just cause for such suspension or dismissal. If the council by a majority vote of the whole council approves the suspension or dismissal, such office shall be declared vacant. If a majority vote of the whole council is against such approval, no action shall be taken.
Sec. 2. Section 3 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 375, is hereby amended to read as follows:
Section 3. The legislative power of the city, except as hereinafter provided, shall be vested in a city council, consisting of five members, who shall hold office for the term of four years. They shall be actual bona fide residents of the city for a period of three years or more preceding their election and taxpayers in the city and qualified electors of their respective wards whose names appear upon the official register as electors of such ward, and residents thereof within the corporate limits of said city; provided, that no person shall be eligible for the office of councilman who shall not be an actual bona fide resident in the ward to be represented by him [and shall not have been such resident for the period of at least six months next immediately preceding the date of election.] at the time designated as the last day of filing for such office. Such person must reside in the city during his term of office.
Sec. 3. Section 3.03 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 111, Statutes of Nevada 1953, at page 111, is hereby amended to read as follows:
Section 3.03. A majority of all members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and with the approval of the mayor, compel the attendance of the absent members; provided, however, that no ordinance shall be passed except by a majority vote of the whole council. They may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions, and all proceedings must be public.
κ1959 Statutes of Nevada, Page 813 (CHAPTER 463, AB 438)κ
The councilmen shall receive such salary as may be prescribed from time to time by ordinance, not exceeding the sum of [six hundred dollars ($600)] $900 per annum for each councilman, payable monthly or semimonthly.
Sec. 4. Section 3.06 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 70, Statutes of Nevada 1955, at page 107, is hereby amended to read as follows:
Section 3.06. The style of all ordinances shall be as follows: The City Council of the City of Sparks do ordain, and all proposed ordinances when first proposed shall be read [aloud in full to the council. All ordinances introduced and read aloud in full to the council shall be published for one publication in a newspaper published in the county and having a general circulation in the city. Final action thereon shall be deferred until the next regular meeting of the council, except that in cases of emergency, by unanimous consent of the whole council, such final action may be taken immediately or at a special meeting called for that purpose.] by title to the city council and referred to a committee for consideration, after which an adequate number of copies of the ordinance shall be filed with the city clerk for public distribution, and notice of such filing shall be published once in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the adoption of the ordinance, or the ordinance as amended, within 30 days from the date of such publication. In cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the ordinance with the city clerk need be published. At the next regular meeting or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the council, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed. All ordinances shall be signed by the mayor, attested by the city clerk, and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, for at least one publication in such newspaper, before the same shall go into effect; provided, that whenever a decision is made and the revised ordinances are published in book or pamphlet form by authority of the city council, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher and the book or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima facie evidence in all courts and places without further proof, or if published in book or pamphlet form, by authority of the city council, they shall be so received.
Sec. 5. Section 3.18 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 111, Statutes of Nevada 1953, at page 111, is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 814 (CHAPTER 463, AB 438)κ
chapter 180, Statutes of Nevada 1949, as amended by chapter 111, Statutes of Nevada 1953, at page 111, is hereby amended to read as follows:
Section 3.18. 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, except the preliminary estimates, maps, surveys, and work hereinbefore specified. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing the work whenever they see fit; provided, the contract shall not be made or awarded prior to the public hearing herein provided.
Sec. 6. Section 4 of Article IV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 339, Statutes of Nevada 1955, at page 563, is hereby amended to read as follows:
Section 4. There shall be a city clerk who may be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of the city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise provided for. He shall be clerk of the council, attend all its proceedings, and shall audit all claims against the city. He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the council not exceeding [$6,000] $8,400 per annum payable semimonthly. He shall be a bona fide resident of the city of Sparks for at least three years prior to his election and a taxpayer therein.
κ1959 Statutes of Nevada, Page 815 (CHAPTER 463, AB 438)κ
Sec. 7. Section 6.01 of Article VI of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 10, Statutes of Nevada 1951, at page 15, is hereby amended to read as follows:
Section 6.01. The city attorney shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the city council, not to exceed [three thousand ($3,000) dollars] $6,000 per annum, payable semimonthly.
Sec. 8. Section 16 of Article XVI of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 70, Statutes of Nevada 1955, at page 110, is hereby amended to read as follows:
Section 16. The [first] next municipal election in the city shall be held on the first Tuesday after the first Monday in [May 1905,] June 1959, and on the same day every four years thereafter, at which time there shall be elected one mayor, one city clerk, one city attorney and one police judge by the qualified electors of the city at large; and five councilmen, as hereinbefore provided, each of whom shall be elected by the qualified electors residing in their respective wards. All elections held under this charter shall be governed by the provisions of the general election laws of the state so far as the same can be made applicable, except that any candidate for any office to be voted for at such municipal election may qualify to have his name placed on the ballot for such office in the following manner. He shall file with the city clerk an affidavit signed by him, which affidavit shall contain the name of the candidate, his residence address, the office which he seeks and his qualifications for the office. The affidavit shall be filed with the city clerk not more than 50 days nor less than 30 days before the day of election. There shall be charged and collected from each candidate for filing a fee of $5 which shall be paid to the city clerk at the time of filing and which shall be deposited in the general fund of the city. The conduct and carrying on of all city elections, except the first, shall be under the control of the council, and they shall, by ordinance, provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things necessary to carry the same into effect.
Sec. 9. Section 17 of Article XVII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 70, Statutes of Nevada 1955, at page 111, is hereby amended to read as follows:
Section 17. 1. [If, after the effective date of this act and not less than 90 days prior to the next general city election, there shall be presented to the city council a petition signed by a number of qualified city electors equal to 10 percent of the votes cast at the last general city election praying that there be submitted to a vote of the electors of the city at a special election to be called for that purpose the question: Shall the city of Sparks adopt the city manager form of municipal government? Yes .................... No ...................., then it shall be the duty of the city council to call a special election as soon as practicable. Such election shall be held and conducted as nearly as possible in the same manner as elections for city officers as provided in article XVI of this act.
κ1959 Statutes of Nevada, Page 816 (CHAPTER 463, AB 438)κ
2. If a petition praying for a special election is not presented to the city council as provided in subsection 1 of this section, then at the general city election next after the effective date of this act there shall appear upon the ballot the following question: Shall the city of Sparks adopt the city manager form of municipal government? Yes .................... No .....................
3. If, upon the official canvass of the special or general city election returns, a majority of the votes cast on the question are in the affirmative, the city council shall, within a period of 6 months after the election at which the city manager form of government has been approved,] The city council shall appoint a city manager who shall be the chief administrative officer of the city and who shall be responsible to the mayor and city council for the proper administration of the affairs of the city placed within his jurisdiction. Such manager shall be selected on the basis of his execution and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during the tenure of office he shall actually reside within the city of Sparks.
The city manager cannot be removed from office except by a majority vote of the council. He shall serve at the will of the council, and in case of his removal he may demand written charges and a public hearing thereon before the council, prior to the date upon which his final removal is to take place; but the decision and action of the council upon such hearing shall be final, and pending such hearing the council may suspend him from duty.
During the absence or disability of the city manager, the council shall designate some properly qualified person to perform his duties. Whenever a vacancy occurs in the office of the city manager, the council shall proceed immediately to appoint a city manager.
The city manager shall receive an annual salary of not less than $5,000 nor more than $9,000, as may be fixed by the council by ordinance, and before entering on the performance of his duties shall take the official oath of office and shall execute a bond in a surety company satisfactory to the council in favor of the municipality for the faithful performance of his duties in such sum and in such form as may be fixed by the council.
[4.] 2. The city manager shall be responsible to the council for the efficient administration of all the affairs of the city. He shall have the power, and it shall be his duty:
(a) To exercise a careful supervision of the citys general affairs.
(b) To see that all laws and ordinances are duly enforced, and he is hereby declared to be beneficially interested in their enforcement and to have the power to sue in the proper court to enforce them.
[(c) To appoint, discipline or remove all heads or directors of departments, chief officials, and all subordinate officers and employees of the city subject to the approval of the city council and to such civil service provisions as may be hereafter adopted by the council. Neither the council nor any of its committees or members shall dictate or attempt to dictate, either directly or indirectly, the appointment of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent him from exercising his own independent judgment in the appointment of officers and employees in the administrative service.
κ1959 Statutes of Nevada, Page 817 (CHAPTER 463, AB 438)κ
of any person to office or employment by the city manager or in any manner interfere with the city manager or prevent him from exercising his own independent judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager either publicly or privately.
(d)] (c) To exercise control over all departments, divisions and bureaus of the city government and over all the appointive officers and employees thereof.
[(e)] (d) Except when the council is considering his removal, to attend all regular meetings of the council and its committees, with the right to take part in discussions, but without power to vote. He shall receive notice of all special meetings.
[(f)] (e) To recommend to the council for adoption such measures and ordinances as he may deem necessary or expedient.
[(g)] (f) To make investigations into the affairs of the city, or any department or division thereof, or any contract, or the proper performance of any obligation running to the city.
[(h)] (g) To prepare and submit to the council the annual budget.
[(i)] (h) To keep the council at all times fully advised as to the financial condition and needs of the city.
[(j)] (i) To submit to the council, at least once each month, a list of all claims and bills approved for payment by him.
[(k)] (j) To devote his entire time to the duties and interests of the city.
[(l)] (k) To perform such other duties as may be prescribed by this charter or be required by ordinance or resolution of the council.
Sec. 10. The above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended by adding thereto a new article designated article XIX, which article shall contain new sections designated as section 19 to section 19.18, both inclusive, which new article and sections shall immediately follow section 17 and shall read as follows:
ARTICLE XIX
Civil Service
Section 19. There shall be a civil service commission of the city of Sparks, Nevada. The civil service commission shall consist of three citizens, not more than two of whom shall at any time belong to the same political party. After the effective date of this amendatory act the mayor, with confirmation by the city council, shall appoint three members of the civil service commission, one for a term of 1 year, one for a term of 2 years and one for a term of 3 years. Thereafter appointments shall be made for terms of 3 years. Every person appointed a member of the commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of this state, and file the same, duly certified by the officer administering it, with the clerk of the city. No person shall be eligible for appointment as a member of the commission, and no person shall continue as a member of the commission, unless he shall be a resident and taxpayer of the city of Sparks, who shall otherwise have no connection with the city government and who shall hold no elective office.
κ1959 Statutes of Nevada, Page 818 (CHAPTER 463, AB 438)κ
be eligible for appointment as a member of the commission, and no person shall continue as a member of the commission, unless he shall be a resident and taxpayer of the city of Sparks, who shall otherwise have no connection with the city government and who shall hold no elective office. Vacancies on the civil service commission from whatever cause shall be filled by appointment by the mayor, subject to confirmation by the city council. The council shall provide for such employees as shall be necessary to enable the civil service commission to carry out properly the duties prescribed herein. The members of the civil service commission shall receive no compensation for their services.
Section 19.01. The commission shall prepare and adopt rules and regulations to govern the selection and appointment of all employees of the city of Sparks within the provisions of this article and such rules and regulations shall be designed to secure the best service for the public. Such rules and regulations shall provide for ascertaining, as far as possible, the physical qualifications, the habits, and the reputation and standing and experience of all applicants for positions, and they may provide for competitive examination of some or all in such subjects as shall be deemed proper for the purpose of best determining their qualifications for the position sought. Such rules and regulations may provide for the classification of positions in the service and for a special course of inquiry and examination for candidates of each class. Such rules and regulations may further provide for disciplinary, suspension, demotion and dismissal proceedings and shall further govern promotions and advancements. Such rules and regulations may further classify, in accordance with duties and salaries, all offices and positions within the provisions of this article. A copy of all rules and regulations made by the commission and all changes therein shall be filed in the office of the city clerk. The commission shall, by rule, provide for a probationary period of 6 months during which any employee within the provisions of this article may be suspended, removed or otherwise disciplined by the head of the appropriate department, or by the mayor, without hearing or other action by the commission. The commission shall cause the rules and regulations so prepared and adopted, and all changes therein, to be printed or otherwise reproduced and distributed as they shall deem necessary, and the expense thereof shall be certified by the commission, and shall be paid by the city. All selections of persons for employment or appointment or promotion, in any department of the city within the provisions of this article, shall be made in accordance with such rules and regulations.
Section 19.02. After rules and regulations have been adopted, as provided in section 19.01 of this article, they shall be amended or modified by the commission only after the commission shall have caused a notice, containing the proposed amendment or modification and specifying a time certain when the commission will meet and hear objections to the adoption of such proposed amendment or modification to be given in writing to the mayor and members of the city council and to the head of each department affected by such amendment or modification, and to be posted on the bulletin board or in a conspicuous place accessible to the employees in each department affected by such proposed amendment or modification not less than 10 days before the date of such meeting.
κ1959 Statutes of Nevada, Page 819 (CHAPTER 463, AB 438)κ
conspicuous place accessible to the employees in each department affected by such proposed amendment or modification not less than 10 days before the date of such meeting.
Section 19.03. The examinations which the rules and regulations shall provide for shall be public and free to all citizens of the United States with proper limitations as to residence, age, health, habits and moral character. The examinations shall be practical in their character and shall relate to those matters which will fairly test the relative capacity of the candidate to discharge the duties of the positions in which they seek employment, or to which they seek to be appointed, and may include tests of manual skill and physical strength. The commission shall give due regard to the experience of the individual candidate in the department in which he is seeking promotion. All examinations shall be given under the control of the commission.
Section 19.04. The chief of police, the chief of the fire department, the city engineer and the head of any other department to which the provisions of this article are applicable shall maintain at all times in full force and effect and in operation within his respective department the rules and regulations adopted by the commission and applicable to such department. Such rules and regulations, in the discretion of the commission, may provide for regular efficiency reports upon the members of any department, for courses, tests or examinations to be required within the department, and for any other act or thing necessary or desirable to bring about advancement or promotion within the department of the members thereof, according to merit, to bring about efficiency within the departments so that it may be better qualified to serve the public, and to bring about a full and complete operation within the department of the civil service system.
Section 19.05. Whenever there shall be created by city ordinance new positions within any department subject to the provisions of this article, or whenever vacancies shall occur within any such department, a list of not less than three qualified applicants, when that number is available, shall be submitted by the civil service commission to the head of the appropriate department. Thereafter, the head or chief of such department shall appoint the applicant deemed by him to be most suitable. All such appointments shall be subject to confirmation of the city council after successful completion of the probationary period as provided in this article.
Section 19.06. All employees of the city of Sparks who have been so employed for 6 or more months prior to the effective date of this amendatory act shall be confirmed in their present positions. All employees of the city of Sparks who have been so employed for less than 6 months prior to the effective date of this amendatory act shall be considered to be in a probationary period, and may, after the completion of 6 months employment, be considered for confirmation as provided in this article. All employees of the city of Sparks hereafter employed pursuant to the provisions of this article and confirmed by the city council after successfully serving the probationary period as provided in this article shall hold their respective positions and employment at the pleasure of the mayor, subject to hearing as provided in this article. All vacancies in existing or newly created positions subject to the provisions of this article shall be filled by the promotion of employees in the service, and who have proved their fitness for such promotion; provided, however, that the provisions of this article shall not apply to persons employed on a temporary basis and for a period not contemplated to exceed 6 months during any calendar year.
κ1959 Statutes of Nevada, Page 820 (CHAPTER 463, AB 438)κ
subject to the provisions of this article shall be filled by the promotion of employees in the service, and who have proved their fitness for such promotion; provided, however, that the provisions of this article shall not apply to persons employed on a temporary basis and for a period not contemplated to exceed 6 months during any calendar year.
Section 19.07. No employee of the city within the provisions of this article shall be suspended, demoted or discharged except as provided in this article.
Section 19.08. Whenever a written complaint against any member of any of the departments within the provisions of this article is made to the mayor, he shall immediately communicate the same to the commission and a hearing may be ordered by the commission as herein provided, if in the opinion of the commission such a hearing will be for the good of the service.
Section 19.09. The mayor may suspend for a period not exceeding 30 days or discharge or demote any employee of the city within the provisions of this article for the betterment of the service or for other justifiable cause, but if he does so, he shall immediately report the same to the secretary of the commission and at the same time deliver to the commission a copy of the complaint setting forth the reason for such discharge, suspension or demotion and the name of the complainant, if other than the mayor. Within 10 days after such discharge, suspension or demotion, the employee so discharged, suspended or demoted may appeal to the commission by filing with the secretary thereof a notice of appeal in the following or similar form: To the Civil Service Commission of Sparks, Nevada: Please take notice that I appeal from the order of the mayor of the City of Sparks, dated ........................., 19........., demoting (discharging or suspending) me. The notice of appeal shall be signed by the employee demoted, discharged or suspended and shall clearly state the name and the address of such employee.
Section 19.10. The commission, after receiving the notice of appeal shall, within 7 days, serve the appellant with a copy of the complaint and a notice fixing the time and place of hearing, which time of hearing shall not be less than 5 days nor more than 30 days after service of the notice and copy of the complaint.
Section 19.11. Notice of the time and place of such hearing, together with a copy of the charges preferred, shall be served upon the employee, and may be served in the same manner as a summons is served in this state or by mailing it to the employee by deposit in the United States post office at Sparks, Nevada, addressed to the employee at the address stated in the notice of appeal with postage thereon fully prepaid. Service by mail as herein provided shall be full and adequate service of notice of all matters relating to such discharge, suspension or demotion until the final disposition of the matter by the commission whether such notice is received by the employee or not.
Section 19.12. Duly verified charges may be filed with the commission, setting forth sufficient cause for the discharge, suspension or demotion of any employee within the provisions of this article by any person who shall then be a freeholder in, and resident of, the city, and who shall have been such a freeholder and resident continuously for more than 5 years immediately preceding the filing of such verified charges.
κ1959 Statutes of Nevada, Page 821 (CHAPTER 463, AB 438)κ
city, and who shall have been such a freeholder and resident continuously for more than 5 years immediately preceding the filing of such verified charges. Upon the filing of such charges the commission may suspend such employee and cause notice of the filing of such charges, with a copy therof, to be served upon the employee and setting a time for the hearing thereon if the commission believes that it will be in the interest of the service so to do.
Section 19.13. The employee shall be entitled to a postponement or adjournment of the hearing for not to exceed a period of 20 days. The complainant shall be entitled to no such adjournment or postponement. In the course of any hearing or investigation contemplated by this article, each member of the commission shall have the power to administer oaths, secure by its subpena both the attendance of witnesses and the production of books and papers relevant to such hearing or investigation and to compel witnesses to answer, and to punish for contempt in the same manner provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the hearing. Any hearing, in the discretion of the commission, may be closed to the public and all witnesses shall be under oath. The employee shall have full opportunity to be heard in his own defense, and shall be entitled to secure the attendance of all witnesses necessary for his defense at the expense of the city, and may appear in person and by attorney. All evidence at any such hearing shall be taken by stenographic reporter, who shall be first sworn to perform the duties of a stenographic reporter in taking evidence in such matter fully and fairly to the best of his ability, and a transcription shall be typewritten and filed with the commission. The cost of such stenographic reporter shall be borne by the city.
Section 19.14. Within 3 days after a transcript of the proceedings shall have been filed with the commission, the commission shall, by a majority vote of its members, determine whether by a preponderance of the evidence the charges were true and made in good faith for the purpose of improving the public service or whether they were made solely for religious or political or personal reasons. If the charges are found to be untrue or were made solely for religious, political or personal reasons the employee shall be immediately reinstated to his former position without prejudice. If the charges are found to be true and were made in good faith for the purpose of improving the public service, the commission shall sustain the disciplinary action theretofore taken, or impose such other disciplinary action as to the commission shall seem just and proper. The decision and findings of the commission shall be in writing and shall be filed with the transcript of the evidence with the secretary of the commission.
Section 19.15. No member of any department shall be deprived of any salary or wages for the period of time he may be suspended preceding a hearing, unless such disciplinary action or removal shall be sustained.
Section 19.16. Upon the request of the mayor, advising the commission of matters requiring consideration, the commission shall call a meeting within 5 days after receipt of such request for the consideration of such matters as may have been noticed, and the commission shall provide by rule for the holding of not less than one regular meeting per month to be held on the same day of each calendar month, which meeting shall be open to the public.
κ1959 Statutes of Nevada, Page 822 (CHAPTER 463, AB 438)κ
meeting within 5 days after receipt of such request for the consideration of such matters as may have been noticed, and the commission shall provide by rule for the holding of not less than one regular meeting per month to be held on the same day of each calendar month, which meeting shall be open to the public.
Section 19.17. Except as herein otherwise provided, the commission shall have exclusive disciplinary power and authority over all employees within the provisions of this article. The commission shall have disciplinary power over and may remove, suspend or demote such employees for incompetency, intemperance, immoral conduct, dishonesty, inattention to duty, insubordination, conduct unbecoming a gentleman, the making of any false statement to the commission, whether oral or in writing, failure or neglect to comply with the rules or regulations of the commission, refusal to testify before the commission when ordered by the commission so to do, failure to comply with the rules or regulations governing the department of which the employee is a member, or for any other competent reason; provided, however, that any employee so removed, suspended or demoted may demand a formal hearing thereon before the commission and such demand shall be in form similar to that provided for notices of appeals in section 19.09 of this article, and shall be filed with the secretary of the commission.
Section 19.18. This article shall apply to all employees of the city of Sparks except the following: elected officials of the city, the city manager, the city engineer, the chief of police, the chief of the fire department and those temporary employees mentioned in section 19.06 of this article; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts appointment as chief of the fire department, chief of the police department or city engineer shall, upon his removal from such office, be restored to his former position within the department; and provided further, that the foregoing proviso shall be construed as prospective only.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 449Washoe County Delegation
CHAPTER 464
AN ACT authorizing Washoe County, State of Nevada, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, a juvenile detention home, and improvements incidental thereto, to equip and furnish the same, and to acquire a suitable site or grounds therefor; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $275,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and concerning other matters properly relating thereto.
[Approved April 6, 1959]
Whereas, Pursuant to chapter 67, Statutes of Nevada 1957, there was submitted at the primary election held in the county of Washoe, Nevada, on Tuesday, the 2nd day of September, 1958, to and approved by the qualified electors thereof, a question to authorize the county of Washoe to issue its negotiable, coupon, general obligation bonds in the principal amount of $200,000, or so much thereof as may be necessary, for the purpose of defraying in part the cost of acquiring, constructing and equipping a juvenile detention home, the bonds to bear interest at a rate of not more than 5 percent per annum, and to mature serially commencing not later than 3 years and ending not later than 20 years from their date; and
κ1959 Statutes of Nevada, Page 823 (CHAPTER 464, AB 449)κ
Nevada, on Tuesday, the 2nd day of September, 1958, to and approved by the qualified electors thereof, a question to authorize the county of Washoe to issue its negotiable, coupon, general obligation bonds in the principal amount of $200,000, or so much thereof as may be necessary, for the purpose of defraying in part the cost of acquiring, constructing and equipping a juvenile detention home, the bonds to bear interest at a rate of not more than 5 percent per annum, and to mature serially commencing not later than 3 years and ending not later than 20 years from their date; and
Whereas, More detailed plans and specifications and further engineering indicate that the amount authorized for the designated purpose is insufficient therefor, and an additional amount should be authorized therefor; and
Whereas, The additional amount needed is not so great as to justify a resubmission of a question of issuing bonds to the qualified electors of Washoe County, the cost and expense of another election thereon, and the additional delay inherent therein; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Washoe County, State of Nevada, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, to establish, construct, otherwise acquire, reconstruct, improve, extend or better, a juvenile detention home, and improvements incidental thereto, to equip and furnish the same, to acquire a suitable site or grounds therefor, and to defray the cost thereof wholly or in part by the issuance of general obligation bonds in not to exceed the aggregate principal amount of $275,000. (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.
κ1959 Statutes of Nevada, Page 824 (CHAPTER 464, AB 449)κ
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.
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.
κ1959 Statutes of Nevada, Page 825 (CHAPTER 464, AB 449)κ
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 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, except for the repeal of chapter 67, Statutes of Nevada 1957, which is superseded hereby, 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.
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 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 its purpose.
Sec. 10. 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.
________
κ1959 Statutes of Nevada, Page 826κ
Senate Bill No. 189Committee on Banks, Banking and Corporations
CHAPTER 465
AN ACT to amend NRS sections 649.060, 649.070, 649.090, 649.110, 649.140, 649.150, 649.160, 649.180, 649.190, 649.200 and 649.210 relating to collection agencies by transferring administration of the laws governing collection agencies from the secretary of state to the superintendent of banks; and providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 649.060 is hereby amended to read as follows:
649.060 1. Application for a license shall be made in writing to and filed with the [secretary of state.] superintendent of banks.
2. The application shall state:
(a) The name of the applicant together with the name under which the applicant does business or expects to do business.
(b) The full business address and residence, including street and number.
(c) The character of the business sought to be carried on.
(d) The locations by street and number where the same is intended to be transacted.
(e) In the case of a firm, the full names and residence addresses of all partners.
(f) In the case of a corporation or voluntary association, the name and residence address of each of the directors and officers.
3. The application shall be subscribed by the applicant and duly acknowledged as required for deeds to be recorded.
Sec. 2. NRS 649.070 is hereby amended to read as follows:
649.070 1. The applicant for a license shall file with the [secretary of state,] superintendent of banks, concurrently with the application for license, a bond in the sum of [$1,000] $10,000 which shall run to the State of Nevada. The bond shall be made and executed by the principal and a surety company authorized to write bonds in the State of Nevada.
2. The bond shall be conditioned:
(a) That the principal, who shall be the applicant and who shall have been a resident of the State of Nevada for at least 6 months prior to the application, shall and will, upon demand in writing, pay and turn over to or for the use of any customer from whom any claim is taken or received for collection the proceeds of the collection, in accordance with the terms of the agreement made between the principal and the customer; and
(b) That the principal will comply with all requirements of this or any other statute now in force or hereafter enacted with respect to the duties, obligations and liabilities of collection agencies.
Sec. 3. NRS 649.090 is hereby amended to read as follows:
649.090 1. Upon receiving and filing the application and bond, and upon payment of the license fee required by NRS 649.110, the [secretary of state] superintendent of banks shall grant and issue a license to the applicant.
κ1959 Statutes of Nevada, Page 827 (CHAPTER 465, SB 189)κ
2. The license, when issued, shall state:
(a) The name of the licensee.
(b) The locations by street and number where the licensee is authorized to carry on business.
(c) The number and the date of the license.
(d) That it is issued pursuant to this chapter, and that the licensee is duly authorized under this chapter.
Sec. 4. NRS 649.110 is hereby amended to read as follows:
649.110 1. Before an applicant shall be entitled to receive an original license he shall pay a fee of $25 to the [secretary of state.] superintendent of banks.
2. For each renewal license the licensee shall pay a fee of $15 to the [secretary of state.] superintendent of banks.
3. All moneys received by the [secretary of state] superintendent of banks under this chapter shall be turned into the state treasury to constitute a fund from which the expenses of carrying out the provisions of this chapter shall first be defrayed. Annually, any balance remaining shall go into the general fund of the state.
Sec. 5. NRS 649.140 is hereby amended to read as follows:
649.140 1. Upon removal from any location as stated in the license, the licensee shall, within 5 days thereafter, deposit the license and written notification of the removal with the [secretary of state.] superintendent of banks.
2. The [secretary of state] superintendent of banks shall note the removal upon the face of the license, and shall enter in his records in an appropriate place therefor a notation of such removal, and shall thereupon return the license.
Sec. 6. NRS 649.150 is hereby amended to read as follows:
649.150 1. A licensee desiring a renewal of a license which will expire shall file in the office of the [secretary of state,] superintendent of banks, on or before June 1 in each year, a renewal application, stating in addition to the matters required in the original application, the date and number of the license which will expire. The renewal application shall be accompanied by the renewal fee.
2. The [secretary of state] superintendent of banks shall issue a renewal license to the applicant, which shall be dated July 1 next ensuing the date of the application, in form and text like the original license, except that in addition to the facts therein set forth, the renewal license shall show the date and number of the earliest license issued to the licensee, and shall bear across its face in conspicuous letters the word Renewal.
3. All requirements of this chapter with respect to original licenses and bonds apply with like force to all renewal licenses and bonds except as otherwise specified in this section.
Sec. 7. NRS 649.160 is hereby amended to read as follows:
649.160 1. Upon the filing with the [secretary of state] superintendent of banks of a verified complaint against any licensee, the [secretary of state] superintendent of banks shall send a copy of the complaint to the licensee and a copy to the attorney general.
2. The [secretary of state] superintendent of banks shall have the power to require that the licensee file a verified answer to the complaint within 10 days after notice to the licensee. The [secretary of state] superintendent of banks may, upon proper cause shown, extend the time for filing a verified answer for a period not exceeding 60 days.
κ1959 Statutes of Nevada, Page 828 (CHAPTER 465, SB 189)κ
superintendent of banks may, upon proper cause shown, extend the time for filing a verified answer for a period not exceeding 60 days.
3. Should the verified answer when filed be deemed insufficient by the [secretary of state,] superintendent of banks, or should the charges not have been withdrawn, and should the complaint contain allegations of fraud, the [secretary of state,] superintendent of banks, or one or more inspectors appointed by him and attached to his office, shall have the power to inspect the books, papers and records of the licensee and to take any action under any provision of this chapter which the result of such inspection may indicate to be appropriate.
Sec. 8. NRS 649.180 is hereby amended to read as follows:
649.180 1. The [secretary of state] superintendent of banks shall have power to revoke a license, by an order made in writing and filed in his office and served on the licensee by registered mail at the address shown in the records of the [secretary of state,] superintendent of banks, if:
(a) The licensee shall in any court of law be adjudged liable for breach of any bond given under the provisions of this chapter; or
(b) After notice and hearing, the licensee shall be found guilty of:
(1) Fraud or misrepresentation; or
(2) An act or omission inconsistent with the faithful discharge of his duties and obligations; or
(3) A violation of any provision of this chapter.
2. Upon revocation of his license, all rights of the licensee under this chapter shall forthwith terminate, and no application shall be received from any person whose license has once been revoked.
Sec. 9. NRS 649.190 is hereby amended to read as follows:
649.190 The determination of the [secretary of state] superintendent of banks revoking any license shall be subject to review by writ of certiorari within 30 days after the date of filing the order of revocation.
Sec. 10. NRS 649.200 is hereby amended to read as follows:
649.200 1. The [secretary of state] superintendent of banks shall keep in his office, in a suitable record provided for the purpose, all applications for licenses and all bonds required to be filed under this chapter. The record shall state whether or not a license has been issued under the application and bond, and, if revoked, the date of filing the order of revocation.
2. In the record all licenses issued shall be indicated by their serial numbers as well as by the name and address of the licensee.
3. This section applies to the renewal applications and renewal licenses which shall be entered in the record in their proper order like original applications and licenses, except that, with respect to them, the record shall show in addition the word Renewal, with the number of the last preceding license granted to the same licensee.
4. The record shall be open for inspection as a public record in the office of the [secretary of state.] superintendent of banks.
Sec. 11. NRS 649.210 is hereby amended to read as follows:
649.210 In addition to any other penalty, any person, firm, corporation or voluntary association, or any officer or director of any such corporation or voluntary association, carrying on the business specified in this chapter without first having obtained a license from the [secretary of state,] superintendent of banks, or who shall carry on such business after the revocation or expiration of any license so obtained, shall be guilty of a misdemeanor.
κ1959 Statutes of Nevada, Page 829 (CHAPTER 465, SB 189)κ
[secretary of state,] superintendent of banks, or who shall carry on such business after the revocation or expiration of any license so obtained, shall be guilty of a misdemeanor.
Sec. 12. Upon the effective date of this act all records, papers, files, registers, funds and other matters relating to collection agencies shall be transferred by the secretary of state to the superintendent of banks.
Sec. 13. The validity of existing collection agency licenses, issued by the secretary of state, shall not be affected by this act.
Sec. 14. This act shall become effective upon passage and approval.
________
Senate Bill No. 223Senators Brown, Gallagher, Seevers and Whitacre (By request of the Legislative Commission)
CHAPTER 466
AN ACT to amend Title 16 of NRS, relating to crimes, punishments and correctional institutions, by creating a new chapter enacting the Western Interstate Corrections Compact and empowering proper state officers to enter into contracts and hold hearings thereunder; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 16 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 7, inclusive, of this act.
Sec. 2. The Western Interstate Corrections Compact, set forth in full in section 3 of this act, is hereby enacted into law.
Sec. 3. The Western Interstate Corrections Compact is as follows:
ARTICLE I
Purpose and Policy
The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society. The purpose of this compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requires otherwise:
(a) State means a state of the United States, the Territory of Hawaii, or, subject to the limitation contained in Article VII, Guam.
κ1959 Statutes of Nevada, Page 830 (CHAPTER 466, SB 223)κ
(b) Sending state means a state party to this compact in which conviction was had.
(c) Receiving state means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction was had.
(d) Inmate means a male or female offender who is under sentence to or confined in a prison or other correctional institution.
(e) Institution means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined.
ARTICLE III
Contracts
(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:
1. Its duration.
2. Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.
3. Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.
4. Delivery and retaking of inmates.
5. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.
(b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. And sending state so contracting may, to the extent that moneys are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.
(c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
κ1959 Statutes of Nevada, Page 831 (CHAPTER 466, SB 223)κ
ARTICLE IV
Procedures and Rights
(a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.
(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.
(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of article III.
(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.
(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.
(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made.
κ1959 Statutes of Nevada, Page 832 (CHAPTER 466, SB 223)κ
such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this subdivision shall be borne by the sending state.
(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.
(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state.
(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
ARTICLE V
Acts Not Reviewable in Receiving State; Extradition
(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.
(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
κ1959 Statutes of Nevada, Page 833 (CHAPTER 466, SB 223)κ
herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
ARTICLE VI
Federal Aid
Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
ARTICLE VII
Entry Into Force
This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington; and to Guam. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington.
ARTICLE VIII
Withdrawal and Termination
This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
κ1959 Statutes of Nevada, Page 834 (CHAPTER 466, SB 223)κ
ARTICLE IX
Other Arrangements Unaffected
Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
ARTICLE X
Construction and Severability
The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Sec. 4. Any court of this state having power to commit or transfer an inmate, as defined in article II(d) of the Western Interstate Corrections Compact, to any institution for confinement may commit or transfer such inmate to any institution within or without this state if this state has entered into a contract or contracts for the confinement of inmates in such institution pursuant to article III of the Western Interstate Corrections Compact.
Sec. 5. The courts, departments, agencies and officers of this state and its subdivisions shall enforce this compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the compact.
Sec. 6. Any state officers who may be charged with holding any hearings contemplated by this compact are hereby authorized and directed to hold such hearings as may be requested by any other party state pursuant to article IV(f) of the Western Interstate Corrections Compact.
Sec. 7. Any state officer who may be charged with the disposition or care of an inmate, as defined in article II(d) of the Western Interstate Corrections Compact, is hereby empowered to enter into such contracts on behalf of this state as may be appropriate to implement the participation of this state in the Western Interstate Corrections Compact pursuant to article III thereof. No such contract shall be of any force or effect until approved by the state board of examiners.
________
κ1959 Statutes of Nevada, Page 835κ
Senate Bill No. 8Senator Monroe
CHAPTER 467
AN ACT to amend NRS sections 282.230, 282.240, 282.280, 282.290 and 282.330, relating to bonds of public officials, by increasing the coverage of such bonds to include tortious misconduct and other wrongful acts; by providing that the state consents to be sued upon such bonds; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 282.230 is hereby amended to read as follows:
282.230 1. There is hereby created a fund to be known as the bond trust fund.
2. The purpose of the bond trust fund is to assure the State of Nevada and the several counties, townships, incorporated cities and irrigation districts thereof against loss through defalcation, misappropriation or negligent loss of public funds, tortious misconduct or other wrongful acts by state or county officials, or officials of townships, incorporated cities or irrigation districts in the State of Nevada, whose official duties have to do with the handling of funds of the state, counties, townships, incorporated cities or irrigation districts and who are required by law to furnish personal or surety bonds.
Sec. 2. NRS 282.240 is hereby amended to read as follows:
282.240 1. Every state, county and township official and his deputy, and officials of incorporated cities and irrigation districts and their deputies, in the State of Nevada, required by law in his or their official capacity to furnish a surety bond or bonds, and any employee of any county, township, incorporated city or irrigation district required by order of the board of county commissioners of any county or the governing board of any incorporated city or any irrigation district to furnish a surety bond or bonds, shall apply to the state board of examiners for surety.
2. If, upon investigation by the state board of examiners, the applicant is found to be of good moral character, enjoys a reputation for honesty and integrity, and has never been denied a surety bond for personal reasons, the state board of examiners shall issue a surety bond to him. The bond shall be patterned according to instruments of this nature and to meet the provisions of NRS 282.230 to 282.350, inclusive.
3. The bond shall have full force and effect as a surety bond against defalcation, misappropriation or negligent loss of public funds, tortious misconduct or other wrongful acts and [to that extent] shall serve all purposes of bonds required by law from state and county officials and officials of incorporated cities, townships or irrigation districts in the State of Nevada.
Sec. 3. NRS 282.280 is hereby amended to read as follows:
282.280 1. Surety bonds issued under the provisions of NRS 282.230 to 282.350, inclusive, shall be understood to be conditioned upon faithful performance of duty [with respect to public funds only,] and upon assurance against losses through misappropriation or defalcation in breach of trust or negligent loss of public funds [.]
κ1959 Statutes of Nevada, Page 836 (CHAPTER 467, SB 8)κ
and upon assurance against losses through misappropriation or defalcation in breach of trust or negligent loss of public funds [.] , or tortious misconduct or other wrongful acts.
2. Surety bonds issued under the provisions of NRS 282.230 to 282.350, inclusive, shall not apply to losses resulting from acts of God or nature, fire, burglary, holdup or other cause over which the person bonded exercised no control or influence, was free from participation therein, and provided he exercised reasonable diligence in safeguarding the funds and securities committed to his care.
Sec. 4. NRS 282.290 is hereby amended to read as follows:
282.290 The faith of the state is pledged to the provisions of all surety bonds which may be issued or undertaken under NRS 282.230 to 282.350, inclusive [.] ; and the state consents to suit against it on such bonds. In cases of loss to the state, a county, incorporated city or irrigation district, under circumstances upon which its surety bonds are conditioned, the state is charged with the responsibility of making restitution to any funds suffering loss up to the full amount specified in the surety bond.
Sec. 5. NRS 282.330 is hereby amended to read as follows:
282.330 1. Losses to counties which might occur from defalcation, misappropriation or negligent loss of public funds, tortious misconduct or other wrongful acts on the part of a county or township official shall be reported by the district attorney of that county to the state board of examiners.
2. Losses to cities which might occur from defalcation, misappropriation or negligent loss of public funds, tortious misconduct or other wrongful acts on the part of a city official shall be reported by the city attorney of that city to the state board of examiners.
3. In the case of the state, any losses shall be reported to the state board of examiners by the attorney general.
4. In the case of an irrigation district, any losses shall be reported to the state board of examiners by the board of directors of the irrigation district.
5. In each case the state board of examiners shall make, or cause to be made, a full investigation. If, from the investigation, the state board of examiners determines that the loss comes under the conditions of the surety bond, the state board of examiners shall order that restitution be made in the following manner:
(a) If there be a sufficient amount in the bond trust fund to cover the loss, the state controller shall be authorized and directed to draw a warrant on the bond trust fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay the warrant.
(b) If there are insufficient funds in the bond trust fund to cover the loss then the state controller shall draw a warrant for the full amount in the bond trust fund for the purpose of making restitution in part, and he shall report the condition of the bond trust fund to the governor. The governor shall take the necessary steps to have the balance due included in the budget, and report to the next succeeding legislature. When the balance is thus secured, the restitution shall be completed.
________
κ1959 Statutes of Nevada, Page 837κ
Senate Bill No. 107Senator Settelmeyer
CHAPTER 468
AN ACT to amend chapter 150 of NRS, relating to compensation and accounting in probate matters, by creating a new provision relating to the use and ownership of certain income received by an executor or administrator during administration of an estate when a testamentary trust, life estate or estate for years is created by will.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 150 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Where any trust, life estate or estate for years is created by or under a will to continue after distribution, the income received by the executor or administrator from the securities or other property which, upon distribution, will comprise the trust estate, or in which such life estate or estate for years is created, shall, during the administration of the estate and until the property is distributed to the trustee or other person entitled thereto, belong to the estate and may be applied to payment of the debts, expenses and charges of the estate unless the will otherwise directs.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 108Senator Settelmeyer
CHAPTER 469
AN ACT to amend chapter 159 of NRS, relating to guardians, by creating a new provision to permit a guardian to hold corporate stock owned by a wards estate in the name of a nominee under certain conditions.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 159 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever the estate of a ward includes corporate stock, the guardian may hold it in the name of a nominee without mention of the guardianship in the stock certificate or stock registration books; if:
(a) The guardians records and all reports or accounts rendered by the guardian clearly show the ownership of the stock by the wards estate and the facts regarding its holding; and
(b) The nominee deposits with the guardian a signed statement showing ownership by the wards estate, endorses the stock certificate in blank, and does not have possession of the stock certificate or access thereto except under the immediate supervision of the guardian.
κ1959 Statutes of Nevada, Page 838 (CHAPTER 469, SB 108)κ
2. The guardian shall be personally liable for any loss to the wards estate resulting from any act of such nominee in connection with stock so held.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 134Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 470
AN ACT to amend NRS section 244.345, relating to county licensing of places of amusement, entertainment and recreation, by prohibiting issuance of temporary permits for conduct of gambling games or devices.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.345 is hereby amended to read as follows:
244.345 1. Every person, firm, association of persons or corporation wishing to engage in the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, soft-drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town, shall:
(a) Make application by petition to the license board, as provided in subsection 2, of the county in which any such business is to be engaged in, for a county license of the kind desired.
(b) File the application with the required license fee with the county license collector, who shall present the same to the license board at its next regular meeting.
The board may refer the petition to the sheriff, who shall report upon the same at the following regular meeting of the board. The board shall then and there grant or refuse the license prayed for. [The] Except in the case of an application for a license to conduct a gambling game or device, the sheriff may, in his discretion, grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board shall have the exclusive power to license and regulate the businesses herein set forth.
2. The board of county commissioners, the sheriff and the district attorney of the county shall constitute the license board, and the county clerk shall be the clerk thereof, in the respective counties of this state.
3. The license board is empowered and commissioned to act for the purposes of this section (without further compensation to the board or the clerk thereof) as a license board to:
(a) Fix and impose license fees and to grant or refuse licenses upon the businesses herein mentioned.
(b) Revoke the same whenever there is, in the judgment of the board, sufficient reason for such revocation.
A majority vote of the members of the license board present shall govern in the transaction of all business, and three members thereof shall constitute a quorum for the transaction of business.
κ1959 Statutes of Nevada, Page 839 (CHAPTER 470, SB 134)κ
govern in the transaction of all business, and three members thereof shall constitute a quorum for the transaction of business.
4. Any person, firm, association of persons or corporation who shall engage in any of the businesses herein mentioned without first having obtained the license and paid the license fee therefor as herein provided shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 184Committee on Banks, Banking and Corporations
CHAPTER 471
AN ACT to amend NRS sections 80.010, 80.070, and 80.110 to 80.140, inclusive, relating to filing of articles of incorporation, list of officers, directors and resident agent, fees, the duties of the secretary of state in respect thereto, and to the designation of resident agent of foreign corporations, by allowing foreign corporations to file restated articles; by providing for the changing of a resident agent by a foreign corporation, and the designation of the resident agent within 60 days after the articles of incorporation are filed with the secretary of state; by providing that the address of the resident agent be the same as that of the principal office of the corporation and that the annual list of officers and directors contain post office box or street addresses rather than residence addresses; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 80.010 is hereby amended to read as follows:
80.010 1. Before commencing or doing any business in this state, every corporation organized under the laws of another state, territory, the District of Columbia, a dependency of the United States or a foreign country, which [shall enter] enters this state for the purpose of doing business therein, shall:
(a) File in the office of the secretary of state of Nevada a certified copy of its articles of incorporation, or of the statute or statutes, or legislative, or executive, or governmental acts, or other instrument or authority by which it was created; and
(b) File in the office of the secretary of state of Nevada certified copies of all papers, documents and instruments, amendatory thereof, supplemental thereto, or otherwise related to any of the instruments of creation designated in paragraph (a), which, pursuant to the laws of the place of creation of the corporation are required to be filed or recorded in the place of creation, and which have been filed or recorded therein since the creation of the corporation to the date of submission of the papers, documents and instruments to the office of the secretary of state of Nevada for the purpose of qualifying the corporation in this state. [; and]
2. In lieu of the papers, documents and instruments required to be filed pursuant to paragraphs (a) and (b) of subsection 1, a foreign corporation may file in the office of the secretary of state of Nevada certified copies of all papers, documents and instruments which have been filed in the place of incorporation of such corporation and pursuant to the laws thereof, to restate, supersede, consolidate or replace the articles, charter or certificate of incorporation of such corporation, together with any papers, documents or instruments which supplement such restated, superseding, consolidating or replacing papers, documents or instruments.
κ1959 Statutes of Nevada, Page 840 (CHAPTER 471, SB 184)κ
certified copies of all papers, documents and instruments which have been filed in the place of incorporation of such corporation and pursuant to the laws thereof, to restate, supersede, consolidate or replace the articles, charter or certificate of incorporation of such corporation, together with any papers, documents or instruments which supplement such restated, superseding, consolidating or replacing papers, documents or instruments.
[(c) Submit] 3. Each such corporation shall submit with the certified papers, documents and instruments required by paragraphs (a) and (b) of subsection 1 a second copy of all thereof, conformed in every respect to the certified papers, documents and instruments, for certification by the secretary of state of Nevada for filing by the corporation in the office of the county clerk of the county where its principal place of business is located in this state.
[2.] 4. The secretary of state shall not file the articles of incorporation of any foreign corporation whose name is the same as, or deceptively similar to, the name of any corporation formed or incorporated in this state or any other foreign corporation authorized to transact business within this state or a name reserved for the use of any proposed corporation under NRS 78.040, unless the written acknowledged consent of such other corporation or person for whom such name is reserved to the adoption of such name is filed with the articles.
Sec. 2. NRS 80.070 is hereby amended to read as follows:
80.070 1. A foreign corporation may change its resident agent by filing with the secretary of state a certificate revoking the appointment of such agent and designating a new resident agent, setting forth the name and complete address of such agent.
[1.] 2. Any person who has been designated by a foreign corporation as resident agent may file with the secretary of state a signed statement that he is unwilling to continue to act as the agent of the corporation for the service of process. The execution of the statement [must] shall be duly acknowledged.
[2.] 3. Upon the filing of the statement provided for in subsection 2 with the secretary of state the capacity of the person as resident agent shall terminate, and the secretary of state forthwith shall give written notice, by mail, to the corporation, of the filing of the statement and the effect thereof. The notice shall be addressed to the corporation at its home office.
[3.] 4. If a designated resident agent dies, resigns or moves from the state, the corporation, within 30 days thereafter, shall file with the secretary of state a certificate setting forth the name and complete address of a newly designated resident agent.
Sec. 3. NRS 80.110 is hereby amended to read as follows:
80.110 1. Every foreign corporation doing business in this state shall, on or before July 1 of each year, file with the secretary of state a list of [the] its officers and directors [,] and a designation of its resident agent in this state, [and a certificate of acceptance signed by the resident agent so designated,] the list of officers and designation of resident agent to be certified by the president, secretary or other officer of the corporation.
2. Upon filing such list of officers [,] and directors and designation of resident agent, [and certificate of acceptance of resident agent,] every such corporation shall pay to the secretary of state a fee of $10.
κ1959 Statutes of Nevada, Page 841 (CHAPTER 471, SB 184)κ
of resident agent, [and certificate of acceptance of resident agent,] every such corporation shall pay to the secretary of state a fee of $10.
3. The secretary of state shall, 30 days prior to July 1 of each year, cause to be mailed to all corporations required to comply with the provisions of NRS 80.110 to 80.180, inclusive, and which have not theretofore become delinquent, the blank forms to be filed with the secretary of state. Failure of any corporation to receive the forms will not excuse such corporation from the penalty imposed by the provisions of NRS 80.110 to 80.180, inclusive.
Sec. 4. NRS 80.120 is hereby amended to read as follows:
80.120 When the annual fee for filing list of officers and directors [,] and designation of resident agent [, and acceptance of resident agent] has been paid, the secretary of state shall issue to each corporation paying the same a certificate authorizing it to transact and conduct its business within this state for a period of 1 year, and until July 1 of the next succeeding calendar year. Such certificate shall contain the name of the corporation, the amount of the fee paid, and penalties, if any, and shall recite the fact that such corporation has filed its list of officers and directors [,] and its designation of resident agent. [, and a certificate of acceptance of such resident agent.]
Sec. 5. NRS 80.130 is hereby amended to read as follows:
80.130 1. Every foreign corporation hereafter coming into this state shall, within 60 days after the filing of its articles of incorporation with the secretary of state:
(a) File a list of its officers and directors [,] and a designation of its resident agent, and a certificate of acceptance signed by the resident agent so designated. The address or the resident agent shall be the same as that of the principal office.
(b) Pay to the secretary of state a fee therefor of $10.
2. Annually thereafter such corporation shall [make like filing] file a list of its officers and directors and designation of resident agent and pay the fee set forth in NRS 80.110.
Sec. 6. NRS 80.140 is hereby amended to read as follows:
80.140 1. Every list required to be filed under the provisions of NRS 80.110 to 80.180, inclusive, shall, after the name of each officer and director listed thereon, [other than the resident agent,] set forth the [residence] post office box or street address of each officer and director. [by street and number and also the city or town and state, or by city or town and state if such residence therein is not on a named and numbered street.
2. The address of the resident agent shall be the same as that of the principal office.
3.] 2. If such [address] addresses be not thus stated in respect to all such listed persons on any list offered for filing, the secretary of state [is authorized to] may refuse to file the same, and the corporation for [whom] which the list has been offered for filing shall be subject to all the provisions of NRS 80.110 to 80.180, inclusive, relating to failure to file such list within or a the times therein specified, unless such a list [be] is subsequently submitted for filing conformably to the provisions of NRS 80.110 to 80.180, inclusive.
________
κ1959 Statutes of Nevada, Page 842κ
Senate Bill No. 192Senator Monroe
CHAPTER 472
AN ACT to amend chapter 642 of NRS, relating to embalmers, by adding new sections which combine funeral directors with embalmers for purposes of regulation; defining terms; providing for licensing and apprenticeships; providing penalties; regulating funeral directors and apprentices; to amend NRS sections 642.010, 642.020, 642.070, 642.090, 642.100 and 642.120, relating to embalmers licenses, the state board of embalmers, examinations, reports and definition of terms, by defining terms; by changing the name and membership of the state board of embalmers; by increasing fees; by increasing emergency funds; by providing for notice that renewal fees are due; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 642 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 45, inclusive, of this act.
Sec. 2. Each applicant for a certificate of registration as a registered apprentice shall be of good moral character, possess temperate habits, be at least 18 years of age, and present an affidavit from his preceptor that such applicant shall enter upon his duties as soon as such certificate is granted.
Sec. 3. 1. Any person registering as an apprentice embalmer shall furnish proof that he is a high school graduate and has completed 2 years of college or the equivalent.
2. Such college course or the equivalent shall conform with specifications as set forth in NRS 642.080.
3. Such proof shall be furnished before such apprentice can be registered with the board.
Sec. 4. Apprenticeship in embalming expires 2 years from the date of issuance of the certificate by the board, and no person may be registered as an apprentice entitling him to practice the occupation of an embalmers apprentice under a licensed embalmer more than 3 consecutive years without taking the examination given by the board.
Sec. 5. No person may serve as an apprentice under a licensed embalmer or attempt to serve as an apprentice to a licensed embalmer without first having procured from the board a certificate of registration as an apprentice, and apprentices shall be regularly employed as full-time employees to receive apprenticeship credit.
Sec. 6. 1. An applicant for a certificate of registration as a registered apprentice shall immediately notify the secretary of the board of such fact in order to receive credit for time spent.
2. Credit on the required apprenticeship commences on the date application for apprenticeship registration is filed with the secretary of the board, and no applications may be accepted antedated.
Sec. 7. 1. No licensed embalmer may permit any person in his employ or under his supervision or control to serve him as an apprentice unless such person has a certificate of registration as a registered apprentice.
2. A licensed embalmer may have no more than one licensed apprentice serving under him at any one time.
κ1959 Statutes of Nevada, Page 843 (CHAPTER 472, SB 192)κ
Sec. 8. All embalming of any nature whatsoever performed by a registered apprentice shall be done in the place of business owned or conducted by his preceptor or where his preceptor is employed, and must be in the presence of his preceptor or preceptors, and under his or their personal supervision.
Sec. 9. No registered apprentice as such may advertise or hold himself out as a registered embalmer, or use any title or abbreviation indicating that he is an embalmer, undertaker, mortician or funeral director.
Sec. 10. Every person who is registered as an apprentice with the board shall have his certificate of registration posted in a conspicuous place in his preceptors place of business.
Sec. 11. Apprentices shall be registered with the secretary of the board at the time of beginning of apprenticeship, and notice of termination of the same during interim, in case an apprentice changes tutor, shall be forwarded to the secretary of the board, giving the date of termination with the first instructor and the date of beginning with the second instructor, and each subsequent instructor in like manner as provided in this chapter for the first instructor.
Sec. 12. The application of an apprentice making application to the board to take an examination for an embalmers license shall be on file in the secretarys office, accompanied by a fee of $75, 30 days prior to date of such examination.
Sec. 13. All registered apprentices shall file applications for licenses by examination within 12 months after they have completed the prescribed 2 years apprenticeship. Failure to do so automatically revokes apprenticeship registration.
Sec. 14. All students shall complete 2 years of apprenticeship and hold a diploma from a class A embalming college, as prescribed by NRS 642.080, before taking the examination.
Sec. 15. Apprentices shall pay an apprentice fee of $10 per year to the board and carry an apprentice card certified by the secretary of the board.
Sec. 16. Each licensed embalmer in the State of Nevada, who has under his supervision or control a person serving as an apprentice embalmer, shall report such fact to the board semiannually on or before the 1st day of January and July of each year. The secretary of the board shall immediately forward to such embalmer forms wherein information desired by the board shall be requested by interrogations. Such reports shall disclose the work which such apprentice has performed during the semiannual period preceding the first of the month on which such report is made, including the number of bodies such apprentice has assisted in embalming or otherwise prepared for disposition during that period.
Sec. 17. Application by an apprentice for leave of absence and for extension thereof shall be filed with the secretary of the board and may be granted by the board, if the facts of the case disclose sufficient reason for granting the request.
Sec. 18. The business of a funeral director shall be conducted and engaged in at a fixed place or establishment. No person, partnership, corporation, association or other organization, shall open or maintain a place or establishment to engage in or conduct, or hold himself or itself out as engaging in or conducting, the business of a funeral director, unless first licensed so to do by the board.
κ1959 Statutes of Nevada, Page 844 (CHAPTER 472, SB 192)κ
tain a place or establishment to engage in or conduct, or hold himself or itself out as engaging in or conducting, the business of a funeral director, unless first licensed so to do by the board.
Sec. 19. 1. An application for a funeral directors license shall be in writing and verified on a form provided by the board.
2. Each applicant, unless an association, corporation or partnership, shall be over 21 years of age, of good character, and a resident of the State of Nevada for at least 6 months prior to filing the application.
3. If the applicant is an association, corporation or partnership, it shall have as an active officer or manager or employee, a person who is over 21 years of age, of good character, who is a licensed embalmer and has been a resident of the State of Nevada for a least 6 months prior to filing the application.
4. Each individual or the officer or employee who is to manage or direct a proposed funeral establishment, shall, before the application is granted, successfully pass an examination given by the board upon the following subjects:
(a) The signs of death.
(b) The manner by which death may be determined.
(c) The laws governing the preparation, burial and disposal of dead human bodies, and the shipment of bodies of persons dying from infectious or contagious diseases.
(d) Local health and sanitary ordinances and regulations relating to funeral directing and embalming.
5. The application shall be accompanied by a fee of $75.
Sec. 20. Each applicant shall furnish proof satisfactory to the board that he is of good moral character and that the establishment in which he intends to conduct business as a funeral director is constructed, equipped and maintained in all respects as a funeral establishment as defined in this chapter.
Sec. 21. If the applicant for a license proposes to engage in or conduct more than one funeral establishment, the applicant shall make a separate application, and procure a separate license for each separate location.
Sec. 22. (Deleted by amendment.)
Sec. 23. 1. In case of the death of a licensed funeral director who leaves an established business, as defined in this chapter, as part or all of his estate, the board may issue to the legal representative of such deceased funeral director, if such legal representative is of good character, a special temporary license as a funeral director for the duration of the administration of such estate, but in no case to exceed 2 years.
2. The fees for issuance and renewal of such temporary license and the time for payment thereof shall be the same as those required for regular licenses.
Sec. 24. Upon receipt of an application for a license, the board shall cause an investigation to be made as to the character of the applicant, including its officers or members if the application is by or in behalf of an association, corporation or partnership, and may require such showing as will reasonably prove the good character of the applicant.
κ1959 Statutes of Nevada, Page 845 (CHAPTER 472, SB 192)κ
Sec. 25. The board may subpena witnesses, administer oaths upon proper notice, and, after proper hearing, shall grant a license if it finds that the applicant is of good character, and that the proposed funeral establishment is, or will be, constructed and equipped as required under the provisions of this chapter.
Sec. 26. Every application shall be granted or refused within 90 days from the date of the filing of such application in case a hearing is held.
Sec. 27. Any funeral director as herein defined who, on July 1, 1959, is engaged in or conducting the business of a funeral director, at a fixed place or establishment in this state, shall be issued a license upon application therefor made within 30 days after July 1, 1959, and may continue in business for the remainder of the year. He may have his license renewed annually upon payment of such renewal fees as are required under section 28 of this act.
Sec. 28. 1. Each licensed funeral director shall pay an annual fee for the renewal of his or its license.
2. The renewal fee, payable by a licensed funeral director, is $15.
Sec. 29. 1. The board shall mail, on or before the 1st day of January of each year, to each license funeral director, addressed to him at his last-known address, a notice that his or its renewal fee is due and payable and that if such fee is not paid by the 1st day of February, a penalty of $10 shall be added to the renewal fee, and in no case shall such penalty or additional fee, upon account of such delinquency, be waived.
2. Upon receipt of such fees the board shall cause the renewal certificate to be issued.
Sec. 30. When a licensed funeral director has for any reason allowed his license to lapse, the board may reinstate such license if application therefor is made within a period of 3 years from the time of the lapse and is accompanied by all fees, including penalties, from the time of the lapse to date of reinstatement.
Sec. 31. 1. Each license issued hereunder shall specify the name of the licensee and shall be displayed conspicuously in the place of business or employment of the licensee.
2. No funeral establishment may be conducted or held forth as being conducted, or advertised as being conducted, under any name except the name appearing in the license issued by the board.
Sec. 32. (Deleted by amendment.)
Sec. 33. The board may adopt and enforce reasonable rules and regulations relating to the business of funeral directing, to the sanitary conditions of places where such a business or practice is conducted, with particular regard to plumbing, sewage, ventilation and equipment, and generally to carry out the various provisions of this chapter in the protection of the peace, health, safety, welfare and morals of the public.
Sec. 34. The board may inspect any premises in which the business of funeral directing is conducted or where embalming is practiced, and for that purpose may employ a licensed embalmer of the State of Nevada as an inspector to aid in the enforcement of this chapter and the rules adopted pursuant thereto, whose compensation and expenses shall be paid out of the fees collected by the board.
κ1959 Statutes of Nevada, Page 846 (CHAPTER 472, SB 192)κ
Sec. 35. The board shall suspend or revoke a license, after hearing and after 10 days notice to the licensee, if the licensee is found guilty of any of the following acts or omissions:
1. Conviction of a crime involving moral turpitude.
2. Unprofessional conduct.
3. False or misleading advertising.
Sec. 36. For the purposes of section 35, unprofessional conduct includes:
1. Misrepresentation or fraud in the conduct of the business or the profession of a funeral director.
2. Solicitation of dead human bodies by the licensee, his agents, assistants or employees, whether such solicitation occurs after death or while death is impending, but this does not prohibit general advertising.
3. Employment by the licensee of persons commonly known as cappers or steerers or solicitors, or other persons to obtain funeral directing or embalming business.
4. Employment directly or indirectly of any apprentice, agent, assistant, embalmer, employee or other person, on part or full time, or on commission, for the purpose of calling upon individuals or institutions by whose influence dead human bodies may be turned over to a particular funeral director or embalmer.
5. The buying of business by the licensee, his agents, assistants or employees, or the direct or indirect payment or offer of payment of a commission by the licensee, his agents, assistants or employees, for the purpose of securing business.
6. Gross immorality.
7. Aiding or abetting an unlicensed person to practice funeral directing or embalming.
8. Using profane, indecent or obscene language in the presence of a dead human body, or within the immediate hearing of the family or relatives of a deceased whose body has not yet been interred or otherwise disposed of.
9. Solicitation or acceptance by a licensee of any commission or bonus or rebate in consideration of recommending or causing a dead human body to be disposed of in any crematory, mausoleum or cemetery.
10. Using any casket or part of a casket which has previously been used as a receptacle for, or in connection with, the burial or other disposition of a dead human body.
11. Violation of any of the provisions of this chapter.
12. Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care or transportation of dead human bodies.
13. Fraud or misrepresentation in obtaining a license.
14. Refusing to surrender promptly the custody of a dead human body, upon the express order of the person lawfully entitled to the custody thereof.
15. Taking undue advantage of his patrons or being guilty of fraud or misrepresentation in the sale of merchandise to his patrons.
κ1959 Statutes of Nevada, Page 847 (CHAPTER 472, SB 192)κ
Sec. 37. For the purposes of section 35, false or misleading advertising includes:
1. Advertising the price of caskets exclusively, without stating the prices of other merchandise and services.
2. Offering services at cost plus a percentage, when the determination of the cost lies within the control of the funeral director or embalmer and is not published.
3. Advertising or selling certificates of stock participation or any form of agreement which creates the impression with the purchaser, when such is not a fact, that he becomes a part owner in the advertisers establishment and is therefore entitled to special price privileges for funeral services.
4. Advertising prices below the reasonable economic cost of merchandise service and overhead.
5. Advertising which impugns the honesty, trustworthiness or business or professional standards of competitors or which states that the prices charged by competitors are considerably higher than those charged by the advertiser, when such is not the fact.
6. Advertising which represents the advertiser to be the special defender of the public interest or which makes it appear that the advertiser is subjected to the combined attack of competitors. Such expression as independent, not in trust, not controlled by the combine and other expressions having the same or similar import shall be deemed to be misleading unless it is shown by the advertiser that there is a trust or a combine, and that other funeral directors constitute a monopoly for the purpose of maintaining prices or for any other purpose; and the burden of proving such trust, combine or monopoly shall be upon the advertiser asserting the existence of the same.
Sec. 38. 1. A petition for the revocation or suspension of a license may be filed by the attorney general or by the district attorney of the county in which the licensee resides or has practiced, or by any citizen residing in this state.
2. The petition shall be filed with the board and shall be entitled, In the Matter of the Revocation (or Suspension) of the License of (Name of Licensee) to Practice Funeral Directing, and shall state the charges against the licensee with reasonable definiteness.
3. Upon the presentation of the petition to the board, the board shall make an order fixing a time and place of hearing thereon which shall not be less than 10 days nor more than 30 days thereafter.
4. Notice of filing of such petition and the time and place of hearing shall be served upon the licensee at least 10 days before such hearing. The notice may be served by any sheriff or constable or by any person especially appointed by the board.
Sec. 39. Each order or revocation or suspension of a license shall be entered of record and the name of the licensee stricken from the roster of licenses and the licensee may not engage in the practice of funeral directing after revocation of his license or during the time for which it is suspended.
Sec. 40. 1. Either party may appeal to the district court of the county in which the licensee resides at any time within 30 days after entry of the order by the board.
κ1959 Statutes of Nevada, Page 848 (CHAPTER 472, SB 192)κ
county in which the licensee resides at any time within 30 days after entry of the order by the board.
2. The service of a notice in writing of the intention of taking of such appeal, within 10 days after the entry of the order, shall be sufficient notice to the adverse party of such appeal.
Sec. 41. A transcript of all pleadings upon which the cause was submitted to the board, duly certified, shall be filed in the office of the clerk of the district court and such filing shall perfect the appeal. The trial of the district court upon such appeal shall be de novo.
Sec. 42. If the licensee appeals, the decision of the board shall not be stayed by the proceedings on appeal and such appeal shall not operate to restore the right of the licensee to practice pending such appeal, unless bond, with sufficient surety, to be approved by the clerk of the district court, shall be posted with such clerk, in such sums as the district judge may require, conditioned that such appeal shall be prosecuted without unnecessary delay and in case the decision appealed from is confirmed, that the licensee pay all costs.
Sec. 43. No funeral director, undertaker and embalmer may permit any person to enter any room in any funeral home or mortuary where dead bodies are being embalmed, except licensed embalmers and their assistants, funeral directors and undertakers, public officers in the discharge of their official duties, and attending physicians and their assistants, unless by direct permission of the immediate family of the deceased.
Sec. 44. 1. Any person, firm or corporation who engages, directly or indirectly, in the business of funeral directing or undertaking or holds himself or itself out as a funeral director or undertaker or attempts to take care of the disposition of dead human bodies without having complied with the provisions of this chapter, and without being licensed so to do as herein provided, or who continues in the business of a funeral director or undertaker after his or its license has been revoked shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $50 or more than $500.
2. Each day that he or it is so engaged in such business shall be a separate offense and any funeral director or undertaker or any person acting for him, who pays or causes to be paid, directly or indirectly, any money or other thing of value as a commission or gratuity, for the securing of business as such funeral director or undertaker and every person who accepts or offers to accept any money or thing of value as a commission or gratuity from a funeral director or undertaker in order to secure business for him shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $500, or by imprisonment in the county jail for not less than 30 days, or by both fine and imprisonment.
Sec. 45. The board may adopt reasonable rules and regulations for the purpose of carrying into effect the provisions of this act.
Sec. 46. NRS 642.010 is hereby amended to read as follows:
642.010 As used in this chapter, unless the context otherwise requires:
1. Board means the state board of funeral directors and embalmers.
κ1959 Statutes of Nevada, Page 849 (CHAPTER 472, SB 192)κ
2. Funeral director or undertaker means a person, partnership, corporation, association or other organization engaged in or conducting the business of or holding himself or itself out as engaged in:
(a) Preparing or contracting to prepare by embalming or in any other manner dead human bodies for burial or disposal, or directing and supervising burial or disposal of dead human bodies.
(b) Providing for or maintaining a funeral establishment or a place for the preparation, disposition and care of dead human bodies.
(c) Directing or supervising or contracting to direct or supervise funerals.
(d) The business of a funeral director by using the words funeral director, undertaker or mortician or any other title implying that he or it is engaged in the business of funeral directing or undertaking, but the words funeral director or undertaker shall not include a licensed embalmer.
3. Funeral establishment means a place of business conducted at a specific street address or location devoted to the care and preparation for burial or transportation of dead human bodies, consisting of a preparation room equipped with a sanitary floor, necessary drainage and ventilation, containing necessary instruments and supplies for the preparation and embalming of dead human bodies for burial or transportation, and having a display room containing a stock of funeral caskets and shipping cases.
4. The singular number includes the plural number, and the masculine gender includes the feminine gender.
Sec. 47. NRS 642.020 is hereby amended to read as follows:
642.020 1. The state board of funeral directors and embalmers, consisting of three members who shall be practical and practicing funeral directors and embalmers appointed by the governor, is hereby created.
2. The persons appointed shall hold office for terms of 3 years, unless sooner removed.
3. An appointment to fill a vacancy caused by death, resignation or removal before the expiration of the term shall be made by the governor for the residue of the term.
Sec. 48. NRS 642.070 is hereby amended to read as follows:
642.070 1. All fees collected under the provisions of this chapter shall be paid to the treasurer to be used for the purpose of defraying the necessary expenses of the board.
2. On or before the 1st Monday of December in each year, the board shall make a written report to the governor containing a detailed statement of the nature of receipts and manner of expenditures.
3. Any balance of money remaining at the end of the year as a balance over necessary expenses and traveling expenses of the board members included in the discharge of their duties as such, except a reserve not to exceed [$500] $4,000 to be held as an emergency fund to meet extraordinary expenses, shall be paid into the state distributive school fund.
Sec. 49. NRS 642.090 is hereby amended to read as follows:
642.090 1. Every person who wishes to practice the profession of embalming shall appear before the board and, upon payment of a fee not to exceed [$25] $75 to cover expenses of examination, shall be examined in the knowledge of the subjects set forth in subsection 2.
κ1959 Statutes of Nevada, Page 850 (CHAPTER 472, SB 192)κ
fee not to exceed [$25] $75 to cover expenses of examination, shall be examined in the knowledge of the subjects set forth in subsection 2. Examinations shall be in writing and by actual demonstration on a cadaver. All examination papers shall be kept on record by the board.
2. The members of the board shall examine applicants for licenses in the following subjects:
(a) Anatomy, sanitary science and signs of death.
(b) Care, disinfection, preservation, transportation of and burial, or other final disposition of dead bodies.
(c) The manner in which death may be determined.
(d) The prevention of the spread of infectious and contagious diseases.
(e) Chemistry, including toxicology.
(f) Restorative art, including plastic surgery and derma surgery.
(g) Rules and regulations of the state board of health relating to infectious diseases and quarantine.
(h) Any other subject which the board may determine by rule or regulation to be necessary or proper in order to prove the efficiency and qualification of the applicant.
3. If an applicant fulfills the requirements of NRS 642.080 and has passed the examination provided for by this chapter, the board must issue to the applicant a license to practice the profession of embalming for 1 year.
Sec. 50. NRS 642.100 is hereby amended to read as follows:
642.100 Reciprocity may be arranged by the board with states having requirements equivalent to those of Nevada, where the same courtesy is extended to Nevada licenses, upon payment of a fee of [$25] $75 to the secretary of the board; but in case of any doubt on the part of the board an examination shall be had as provided in this chapter.
Sec. 51. NRS 642.120 is hereby amended to read as follows:
642.120 1. If a licensee desires a renewal of his license the board shall grant it, except for cause, and the annual fee for the renewal of a license shall not exceed the sum of [$5] $15.
2. The board shall mail on or before the 1st day of January of each year to each licensed embalmer, addressed to him at his last-known address, a notice that his renewal fee is due and payable and that if such fee is not paid by the 1st day of February a penalty of $10 shall be added to the renewal fee, and in no case shall such penalty or additional fee be waived.
3. Upon receipt of such fees the board shall cause the renewal certificate to be issued.
________
κ1959 Statutes of Nevada, Page 851κ
Senate Bill No. 208Senators Brown, Gallagher, Seevers and Whitacre (By request of the Statute Revision Commission)
CHAPTER 473
AN ACT to amend NRS section 538.070, relating to terms of office of the members of the Colorado River commission, by providing that all members shall serve 4-year terms.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 538.070 is hereby amended to read as follows:
538.070 Within 30 days after March 20, 1935, the governor shall appoint four commissioners. Two of the commissioners shall hold office for terms of 2 years, and two of the commissioners shall hold office for terms of 4 years. Thereafter appointments shall be made for terms of 4 years. All appointed commissioners shall hold office until their successors are appointed and qualified.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 225Committee on State Institutions (by request of the Nevada State Hospital)
CHAPTER 474
AN ACT to amend NRS section 41.330, relating to fees charged by county officials in proceedings for judicial declaration of sanity, by providing that such proceedings shall be conducted without cost to the petitioner; to amend chapter 41 of NRS, relating to actions concerning persons, by providing for notice to the superintendent and medical director of the Nevada state hospital in proceedings for judicial declaration of sanity.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.330 is hereby amended to read as follows:
41.330 [No county official shall charge any fee for the filing of a petition, for the recording of an order, or for any services rendered in any proceedings to restore any person previously adjudicated to be insane to the status of a sane person.] All proceedings under NRS 41.300 to 41.330, inclusive, shall be conducted by the appropriate county officials, including the district attorney, without cost or expense of any kind to the petitioner or alleged insane person.
Sec. 2. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
After any proceeding in which a person, previously adjudicated to be insane, is adjudicated to be sane, the clerk shall immediately notify the superintendent and medical director of the Nevada state hospital of such adjudication.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 852κ
Senate Bill No. 227Committee on State Institutions (by request of the Nevada State Hospital)
CHAPTER 475
AN ACT to amend NRS sections 433.200 and 433.270, relating to the commitment of the mentally ill and hearings and examinations in connection therewith, by requiring the district attorney or his deputy to appear in commitment proceedings; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.200 is hereby amended to read as follows:
433.200 1. The judge of the district court in each judicial district, upon the application of any person under oath setting forth that any person is mentally ill, shall cause the person alleged to be mentally ill to be brought before him at such time and place as he may direct. The judge may direct the clerk of the court to issue subpenas for the attendance of witnesses at the examination of the person.
2. Persons alleged to be mentally ill shall be given professional examinations by two licensed practicing physicians authorized to practice medicine in Nevada, one of whom shall be a qualified psychiatrist whenever available. Such examinations shall be given within a period of 3 days prior to the hearing, and the physicians shall testify to the court as to the mental condition of the patient and other matters relating to the alleged illness. If the person alleged to be mentally ill is a veteran of the Armed Forces of the United States such examinations may be given by physician employees of the United States Veterans Administration.
3. The judge shall interview the person prior to commitment, unless the interview is waived for cause upon a physicians certificate.
4. If the physicians, after careful examination, shall certify upon oath that the [charge] allegation is correct, and if the judge is satisfied that such person is mentally ill, and is unable to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, or children, of sufficient means and ability to provide properly for such care and support, he shall cause the person to be conveyed to the Nevada state hospital, at the expense of the state, and shall place the person in the charge of the superintendent of the hospital. A copy of the complaint, commitment, physicians certificate, and a full and complete transcript of the notes of the official reporter made at the examination of the person before the committing judge shall accompany the person when he is conveyed to the hospital.
5. Each district attorney or his deputy shall appear and represent the state in all commitment proceedings in his county.
6. Each general hospital shall furnish to the Nevada state hospital a comprehensive summary of its clinical and personal records concerning any person committed under this section while a patient at such general hospital. The summary shall accompany the patient at the time of his transfer to the Nevada state hospital.
κ1959 Statutes of Nevada, Page 853 (CHAPTER 475, SB 227)κ
Sec. 2. NRS 433.270 is hereby amended to read as follows:
433.270 1. The person [charged] alleged to be mentally ill shall be taken before a judge of the district court, to whom the affidavit and warrant of apprehension shall be delivered to be filed with the clerk. The judge shall then inform him of his rights to make a defense to such [charge] allegation and to produce witnesses thereto. The judge shall by order fix such time and place for the hearing and examination in open court as will give a reasonable opportunity for the production and examination of witnesses. Such witnesses shall be subpenaed and paid as provided in the hearing upon application. The judge may order that notice of the apprehension of the person and hearing of the [charge] allegation be served on such relatives of the person known to be residing in the county as the court deems necessary or proper.
2. Each district attorney or his deputy shall appear and represent the state in all commitment proceedings in his county.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 271Committee on Aviation, Transportation and Highways
CHAPTER 476
AN ACT to amend NRS section 366.260, relating to the validity and transferability of special fuel users licenses and permits, by changing the period of validity of special fuel vehicle permits from calendar to fiscal year.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.260 is hereby amended to read as follows:
366.260 1. Each special fuel users license shall be valid until suspended or revoked for cause or otherwise canceled.
2. Each special fuel vehicle permit shall be valid for the [calendar] fiscal year unless suspended or revoked for cause or otherwise canceled.
3. No special fuel users license or special fuel vehicle permit shall be transferable.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 292Senator Echeverria
CHAPTER 477
AN ACT to amend NRS section 5.050, relating to jurisdiction of municipal courts, by providing for jurisdiction of all misdemeanors.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 5.050 is hereby amended to read as follows:
5.050 1. Municipal courts which are already established, or which may hereafter be established in any incorporated city of this state, shall have jurisdiction:
κ1959 Statutes of Nevada, Page 854 (CHAPTER 477, SB 292)κ
may hereafter be established in any incorporated city of this state, shall have jurisdiction:
(a) Of an action or proceeding for the violation of any ordinance of their respective cities.
(b) Of an action or proceeding to prevent or abate a nuisance within the limits of their respective cities.
(c) Of proceedings respecting vagrants and disorderly persons.
2. The municipal courts already established, or which may hereafter be established, shall also have jurisdiction of the following public offenses committed in their respective cities:
(a) Petit larceny.
(b) Assault and battery, not charged to have been committed upon a public officer in the execution of his duties, or with intent to kill.
(c) Breaches of peace, riots, affrays, committing a willful injury to property, and all misdemeanors punishable by fine not exceeding $500, or imprisonment not exceeding [3] 6 months, or by both such fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 314Committee on Banks, Banking and Corporations
CHAPTER 478
AN ACT to amend NRS section 662.020, relating to minimum operating cash, balances and reserves banks are required to have on hand, by allowing the superintendent of banks to include as reserve 6 percent of all public deposits secured by negotiable securities in determining such amounts; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 662.020 is hereby amended to read as follows:
662.020 1. Each bank doing business under the laws of this state shall have on hand, in cash, such a sum of money as may be determined by the superintendent of banks as necessary to meet the operating requirements of the bank, and, in addition thereto, a sum consisting of balances due from good and solvent banks, selected from time to time with the approval of the superintendent of banks. The total sum of such cash and balances due shall not be less than 15 percent of the average total deposits of the bank [.] for the preceding 15 days. But, the superintendent of banks, in computing such sum of money, may include as reserve 6 percent of all public deposits secured by a pledge of negotiable securities.
2. Any bank that has been made the depositary for the reserve of any other bank or banks shall have on hand in the manner provided herein 10 percent of such reserve deposits, in addition to the 15 percent mentioned in subsection 1 required of its entire deposits.
3. Whenever the available funds in any bank shall be below the required amount, such bank shall not:
κ1959 Statutes of Nevada, Page 855 (CHAPTER 478, SB 314)κ
(a) Make any new loans or discounts otherwise than the discounting or purchasing of bills of exchange, payable at sight.
(b) Pay or declare any dividends of its profits until the required proportion between the aggregate of its deposits and its lawful money reserves shall have been restored.
4. The superintendent of banks shall immediately notify any bank whose lawful money reserve shall be below the amount required to be kept on hand to make good such reserve. If such bank shall fail to do so for a period of 60 days after such notice, it shall be deemed to be insolvent, and the superintendent of banks shall take possession of the same and proceed in the manner provided in this Title relating to insolvent banks.
5. The superintendent of banks shall refuse to consider, as a part of a banks reserve, balances due from any bank which shall refuse or neglect to furnish him with such information as he may require from time to time relating to its business with any other bank doing business under this Title, which shall enable him to determine its solvency.
6. All banks doing a savings bank or trust company business, but which do not transact a commercial banking business, shall be required to keep on hand at all times, in available funds, a sum equal to 10 percent of their deposits, one-half of which may consist of balances due from authorized depositary banks, as provided in NRS 662.240, and which are deemed solvent, and the other one-half thereof in actual cash.
7. Any bank subject to the provisions of this Title may become a member of the Federal Reserve bank in the district in which such bank is located, and may then deposit in such Federal Reserve bank any of its available funds, including any part of the reserve required by this Title, and the provisions of this Title limiting the amount that may be deposited by a bank in a depositary bank, and the requirements of this Title relative to the reserve that must be maintained by the depositary bank against such bank deposits, shall not be deemed to apply to such deposit in such Federal Reserve bank.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 338Committee on Finance
CHAPTER 479
AN ACT providing for the construction, furnishings and equipment of an agricultural mechanics facility and shop building for the University of Nevada; making an appropriation therefor; defining certain duties of the president and board of regents of the University of Nevada, the state planning board and the attorney general; and providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the support of the state planning board in carrying out the design, construction and equipment of an agricultural mechanics facility and shop building for the University of Nevada, there is hereby appropriated from the general fund in the state treasury the sum of $172,250.
κ1959 Statutes of Nevada, Page 856 (CHAPTER 479, SB 338)κ
mechanics facility and shop building for the University of Nevada, there is hereby appropriated from the general fund in the state treasury the sum of $172,250. Of this sum, the sum of $23,000 shall be used for the purpose of supplying and purchasing equipment and furnishings for such facility and building.
Sec. 2. The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to the design, contract administration, construction, equipment and furnishings provided for in this act. The president and the board of regents of the University of Nevada and the state planning board shall cooperate in carrying out the provisions in this act. All plans and specifications and contracts for the whole or part or parts of the construction, furnishings and equipment shall be approved by the state planning board, and each contract shall be approved by the attorney general before any such contract may be let.
Sec. 3. The state planning board shall employ competent architects who, in turn, shall employ competent structural and mechanical engineers in preparing plans and specifications. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the building and the equipment and furnishings thereof. Approved plans and specifications shall be on file at a time and place stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction, equipment and furnishings, and may let a contract for the whole thereof, or separate contracts for different and separate portions thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at their discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good cause.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 348Committee on Legislative Functions
CHAPTER 480
AN ACT providing that Senator John H. Murray be paid the sum of $345 as per diem allowance for the 23 days he was hospitalized at Elko, Nevada, from February 18 to March 9, inclusive.
[Approved April 6, 1959]
Whereas, Senator John H. Murray suffered a heart attack in Elko County, Nevada, on February 17, 1959, while engaged in legislative business and was hospitalized in Elko, Nevada, for 23 days as a result of such heart attack, it is just that he be paid a per diem allowance of $15 per day for each day he was hospitalized; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There shall be paid from the 1959 legislative fund, in the same manner as other claims against such fund are paid, the sum of $345 to Senator John H.
κ1959 Statutes of Nevada, Page 857 (CHAPTER 480, SB 348)κ
of $345 to Senator John H. Murray as a per diem allowance of $15 per day for each of the 23 days Senator John H. Murray was hospitalized at Elko, Nevada, as a result of the heart attack which he suffered on February 17, 1959.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 351Committee on Finance
CHAPTER 481
AN ACT appropriating the sum of $48,952 to pay expenses incurred and to be incurred for the period January 1, 1958, to June 30, 1959, for the operation, maintenance and repair of the state building in Reno, Nevada.
[Approved April 6, 1959]
Whereas, Moneys to defray the cost of maintenance, operation and repairs to the state building in Reno, Nevada, for the biennium ending June 30, 1959, were neither budgeted nor appropriated; and
Whereas, Rentals and other income received from such building have been insufficient to defray such costs, with the result that a deficit exists with respect to the operation of such building; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the superintendent of the state department of buildings and grounds for the purpose of defraying the expense of operation, maintenance and essential repairs of the state building in Reno, Nevada, for the period from January 1, 1958, to and including June 30, 1959, the sum of $48,952.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 20Messrs. Pozzi and Waters
CHAPTER 482
AN ACT to appropriate moneys from the general fund and the state highway fund of the State of Nevada for the purpose of providing salary increases for classified personnel of the State of Nevada for the fiscal year beginning July 1, 1959, and ending June 30, 1960; and providing other matters properly relating thereto.
[Approved April 6, 1959]
Whereas, Chapter 284 of NRS, creating a state department of personnel, was enacted for the purpose of providing all citizens a fair and equal opportunity for public service, establishing conditions of service to attract officers and employees of character and ability, establishing uniform job and salary classifications, and increasing the efficiency and economy of governmental departments and agencies by the improvement of methods of personnel administration; and
κ1959 Statutes of Nevada, Page 858 (CHAPTER 482, AB 20)κ
Whereas, Recently the state department of personnel has completed a salary survey to provide information on current wages for comparable employment in private industry and other government agencies; and
Whereas, The results of such survey show that salaries and wages in private industry in the State of Nevada are continually rising and are currently 9.97 percent higher than the salaries and wages of personnel working for the State of Nevada; and
Whereas, These factors indicate that a general 10 percent or two-grade salary increase is warranted for most state employees for the 1959-1960 fiscal year, which will require an appropriation of $275,000 from the general fund and $58,470 from the state highway fund; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. Except as otherwise provided in section 2, there is hereby appropriated from the general fund in the state treasury, for the period from July 1, 1959, to June 30, 1960, the sum of $275,000 for the purpose of meeting any deficiencies which may be created between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 49th session of the legislature, and the salary requirements of classified personnel of such departments, commissions and agencies needed under an adjusted pay plan to become effective on or after July 1, 1959.
2. The state board of examiners, upon the recommendation of the director of the state department of personnel, is authorized to allocate and disburse, on a quarterly basis, to the various departments, commissions and agencies of the State of Nevada, out of the sum of $275,000 herein appropriated, such sums of money as may from time to time be required, which when added to the funds appropriated or available shall equal the amount of money required quarterly to meet and pay the salary needs of such respective departments, commissions and agencies under the approved adjusted pay plan.
Sec. 2. 1. There is hereby appropriated from the state highway fund, for the period from July 1, 1959, to June 30, 1960, the sum of $58,470 for the purpose of meeting any deficiencies which may exist between the appropriated funds of the motor vehicle division, the motor carrier division, the drivers license division, the Nevada highway patrol division, the gasoline and special fuel tax division, and the fiscal, accounting and auditing division of the department of motor vehicles, and such other divisions as may be created therein, as fixed by the 49th session of the legislature, and the salary requirements of classified personnel of those divisions needed under an adjusted pay plan to become effective on or after July 1, 1959.
2. The state board of examiners, upon the recommendation of the director of the state department of personnel, may allocate and disburse, on a quarterly basis, to the divisions of the department of motor vehicles named in subsection 1 of this section, out of the sum of $58,470 herein appropriated, such sums of money as may from time to time be required, which when added to the funds appropriated or available shall equal the amount of money required quarterly to meet and pay the salary needs of such divisions under the approved adjusted pay plan.
κ1959 Statutes of Nevada, Page 859 (CHAPTER 482, AB 20)κ
shall equal the amount of money required quarterly to meet and pay the salary needs of such divisions under the approved adjusted pay plan.
Sec. 3. Any moneys appropriated by section 1 remaining unexpended on June 30, 1960, shall revert to the general fund. Any moneys appropriated by section 2 remaining unexpended on June 30, 1960, shall revert to the state highway fund.
________
Assembly Bill No. 75Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Statute Revision Commission
CHAPTER 483
AN ACT to amend NRS section 148.320, relating to limitation of actions to recover property sold by an executor or administrator during probate proceedings, by providing that the limitation periods prescribed in NRS section 11.270 apply to actions to set aside a sale, or to recover property sold, by an executor or administrator during probate proceedings.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 148.320 is hereby amended to read as follows:
148.320 [No action for the recovery of any property sold by an executor or administrator in accordance with the provisions of this Title can be maintained by any heir or other person claiming under the deceased unless it be commenced prior to final distribution.] The periods of limitation prescribed in NRS 11.270 shall apply to all actions for the recovery of any property sold by an executor or administrator in accordance with the provisions of this Title, and to all actions to set aside such a sale.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 86Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Legislative Commission)
CHAPTER 484
AN ACT to amend NRS section 439.120 relating to the salary and expenses of the state health officer.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 439.120 is hereby amended to read as follows:
439.120 [1. The annual compensation of the state health officer from state-appropriated funds shall be fixed by the state board of health in an amount not to exceed $7,000 a year. In addition he shall be allowed his necessary traveling expenses while engaged in the performance of his official duties.
κ1959 Statutes of Nevada, Page 860 (CHAPTER 484, AB 86)κ
be allowed his necessary traveling expenses while engaged in the performance of his official duties.
2. His salary and expenses shall be paid semimonthly in the same manner as the salaries and expenses of other state officers are paid.] The state health officer shall:
1. Receive an annual salary of $14,676, payable in the manner provided in NRS 281.120.
2. Be allowed the per diem expense allowance and travel expenses as provided by law.
________
Assembly Bill No. 96Messrs. Christensen (Clark), Christensen (Washoe), Humphrey (Washoe) and Pozzi (by request of the Legislative Commission)
CHAPTER 485
AN ACT to amend NRS sections 281.160 and 281.170, relating to traveling expenses and subsistence allowances for state officers and employees transacting public business without and within the state, by increasing the amounts to be allowed for expenses and allowances; by imposing certain duties on the state board of examiners; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. When any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his necessary [traveling] expenses in the transaction of public business outside the state, such person shall be paid a per diem allowance not exceeding $15 [for any 1 calendar day, and for any period of less than a full calendar day such person shall receive a subsistence allowance of $2.50 for each full 6-hour period such person is on travel status. In addition, he shall receive a lodging allowance of $5 for each night his duties require him to remain in travel status,] per day, and also an allowance for transportation, but the amount allowed for traveling by a private conveyance shall not exceed the amount charged by public conveyance. As used in this subsection necessary expenses shall not include the costs of personal laundry, recreation or entertainment. The state board of examiners shall, by regulation:
(a) Require the itemization of expenses.
(b) Require receipts for intercity travel and hotel or motel accommodations.
(c) Adopt reasonable standards for the payment of necessary expenses for less than a full day of 24 hours.
κ1959 Statutes of Nevada, Page 861 (CHAPTER 485, AB 96)κ
2. Where it appears to the satisfaction of the state board of examiners that travel by private conveyance is more economical or where it appears that, owing to train or bus schedule or for other reasons, travel by public conveyance is impracticable, or in a case where a part of the route traveled is not covered by public conveyance, the state board of examiners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed [7 1/2] 8 cents per mile so traveled.
3. Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as provided in this subsection. Requests shall be submitted on forms approved by the state board of examiners, which forms shall contain such information as may be required by the board. Requests shall be submitted to the director of the budget at least 10 working days prior to the beginning of travel and no travel shall be authorized except after having been approved by the director of the budget. If the director of the budget disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose determination shall be final. In emergencies, the director of the budget, upon good cause shown by the applicant, may consider requests for travel outside the state submitted to him less than 10 working days prior to the beginning of travel.
Sec. 2. NRS 281.170 is hereby amended to read as follows:
281.170 1. When any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his necessary [traveling] expenses in the transaction of public business within the state, such person shall be paid a per diem allowance not exceeding [$10 for any 1 calendar day and for any period of less than a full calendar day such person shall receive a subsistence allowance of $1.50 for each full 6-hour period such person is on travel status. In addition, he shall receive a lodging allowance of $4 for each night his duties require him to remain in travel status,] $15 per day, and also an allowance for transportation, but the amount allowed for traveling by a private conveyance shall not exceed the amount charged by public conveyance. As used in this subsection necessary expenses shall not include the costs of personal laundry, recreation or entertainment. The state board of examiners shall, by regulation:
(a) Require the itemization of expenses.
(b) Require receipts for intercity travel and hotel or motel accommodations.
(c) Adopt reasonable standards for the payment of necessary expenses for less than a full day of 24 hours.
2. Where it appears to the satisfaction of the state board of examiners that travel by private conveyance is more economical or where it appears that, owing to train or bus schedule or for other reasons, travel by public conveyance is impractical, or in a case where a part of the route traveled is not covered by public conveyance, the state board of examiners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed [7 1/2] 8 cents per mile so traveled.
κ1959 Statutes of Nevada, Page 862 (CHAPTER 485, AB 96)κ
travel by public conveyance is impractical, or in a case where a part of the route traveled is not covered by public conveyance, the state board of examiners, in its discretion, is authorized to allow for traveling by private conveyance an amount not to exceed [7 1/2] 8 cents per mile so traveled.
________
Assembly Bill No. 188Washoe County Delegation
CHAPTER 486
AN ACT 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 authorizing cities to budget and expend funds and enter into contracts for the purpose of promoting and publishing their resources and advantages.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The city council or other governing body of each incorporated city in the State of Nevada, whether or not organized under general law or special charter, may include in the budget of such city items to cover the expense of exploiting, promoting and publishing to home-seekers, business organizations and the public at large, by any means in their judgment calculated to accomplish such purpose, the industrial, recreational, agricultural, mining and other resources, progress and advantages of such city; and, for such purposes, may enter into contracts with, and pay moneys so budgeted to, any person, group, corporation, agency or commission. None of the moneys so budgeted may be used or paid out for any purpose or project unless an equal amount of money is provided from private sources for such purpose or project.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 377Mr. Bleak
CHAPTER 487
AN ACT to amend NRS sections 482.265 and 482.275, relating to issuance, display and return of motor vehicle license plates, by requiring two license plates on all motor vehicles, except motorcycles and power cycles, after July 1, 1960, and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.265 is hereby amended to read as follows:
482.265 1. [The] Until July 1, 1960, the department shall furnish to every owner whose vehicle shall be registered one number plate for each motorcycle, trailer, semitrailer or other motor vehicle.
κ1959 Statutes of Nevada, Page 863 (CHAPTER 487, AB 377)κ
to every owner whose vehicle shall be registered one number plate for each motorcycle, trailer, semitrailer or other motor vehicle. On and after July 1, 1960, the department shall furnish to every owner whose vehicle shall be registered two license plates for a motor vehicle other than a motorcycle or power cycle, and one license plate for all other vehicles required to be registered hereunder.
2. The commissioner shall have the authority to require the return to the department of all number plates upon termination of the lawful use thereof by the owner under this chapter.
Sec. 2. NRS 482.275 is hereby amended to read as follows:
482.275 1. [The] Until July 1, 1960, the number plate assigned to a motor vehicle, motorcycle, trailer and semitrailer shall be attached to the rear thereof. On and after July 1, 1960, the license plates for a motor vehicle other than a motorcycle or power cycle shall be attached thereto, one in the front and the other in the rear. The license plate issued for all other vehicles required to be registered hereunder shall be attached to the rear thereof. Number plates shall be so displayed during the current registration year.
2. Every number plate shall at all times be securely fastened to the vehicle to which it is assigned so as to prevent the plate from swinging and at a height not less than 12 inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible.
________
Assembly Bill No. 379Messrs. Humphrey (Washoe) and Bailey
CHAPTER 488
AN ACT to amend NRS section 366.080, defining special fuel user, by excluding certain operators of private passenger automobiles and certain pickup trucks from the definition of special fuel user.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 366.080 is hereby amended to read as follows:
366.080 Special fuel user means any person who consumes in this state special fuel for the propulsion of motor vehicles owned or controlled by him upon the highways of this state [.] , except any person who operates a private passenger automobile or a pickup truck having an unladen weight not exceeding 3,900 pounds and who purchases special fuel for the operation of such vehicle from a licensed special fuel dealer.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 864κ
Assembly Bill No. 387Clark County Delegation
CHAPTER 489
AN ACT to amend an act entitled An Act fixing the salaries and compensation of officers, deputy officers and employees of Clark County, Nevada, and repealing all other acts and parts of acts in conflict therewith, approved March 24, 1955, as amended.
[Approved April 6, 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 206, Statutes of Nevada 1955, as amended by chapter 382, Statutes of Nevada 1957, at page 712, is hereby amended to read as follows:
Section 1. From and after [April 1, 1957,] July 5, 1959, the county officers and deputy county officers and employees of Clark County, Nevada, shall receive the following salaries and compensation for all services rendered:
1. The sheriff of Clark County shall receive an annual salary of [$11,000,] $12,000, payable in equal monthly installments, which shall be in lieu of all commissions, fees and allowances collected in his capacity as ex officio license collector, and he shall have one undersheriff to be selected by him who shall receive a monthly salary of not less than [$400,] $500, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners. He shall be allowed his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
2. The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive an annual salary of [$8,000,] $9,000, payable in equal monthly installments, for all services in the office, and may be allowed such deputies and clerical help, to be named by such clerk, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, that the chief deputy county clerk shall receive a monthly salary of not less than [$400.] $500. The county clerk shall be allowed actual traveling expenses, or those of a deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
3. The county assessor shall receive an annual salary of [$8,000,] $9,000, payable in equal monthly installments, as compensation for all services as such officer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the assessor to the credit of the county in the county general fund. The county assessor may be allowed a chief deputy who shall receive a monthly salary of not less than [$400,] $500, and other deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners.
κ1959 Statutes of Nevada, Page 865 (CHAPTER 489, AB 387)κ
county assessor may be allowed a chief deputy who shall receive a monthly salary of not less than [$400,] $500, and other deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The county assessor, or his deputy, shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
4. The county treasurer and ex officio tax collector shall receive an annual salary of [$8,000,] $9,000, payable in equal monthly installments for all his services as such treasurer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the treasurer to the credit of the county in the county general fund, and he may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy county treasurer shall receive a monthly salary of not less than [$400.] $500. The county treasurer shall be allowed all his actual traveling expenses, or those 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, providing that the expenses shall be first audited and allowed by the board of county commissioners.
5. The county recorder and auditor shall receive an annual salary of [$8,000,] $9,000, payable in equal monthly installments as compensation for all his services as such county recorder and auditor or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipal corporation or political subdivision shall be deposited by the recorder and auditor to the credit of the county in the county general fund. The county recorder and auditor may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy in the office shall receive a monthly salary of not less than [$400.] $500. The county recorder and auditor shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
6. The district attorney shall receive an annual salary of [$10,000,] $12,000, payable in equal monthly installments for all his services as such officer. He may have such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary and at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy district attorney shall receive a monthly salary of not less than [$400.] $500. 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 the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
κ1959 Statutes of Nevada, Page 866 (CHAPTER 489, AB 387)κ
tation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
7. The county commissioners shall each receive an annual salary of [$4,800,] $5,400, 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 the expenses shall be first audited and allowed by a majority of the board of county commissioners. Each commissioner shall be entitled to traveling expenses in the sum of 10 cents per mile in traveling to and from the meetings of the commissioners. The chairman of the board of county commissioners without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioner.
Sec. 2. This act shall become effective on July 5, 1959.
________
Assembly Bill No. 389Miss Frazier
CHAPTER 490
AN ACT authorizing the appointment by the governor of a fact-finding body to investigate financial and administrative problems of public elementary and high schools of Nevada; providing for reports and recommendations by such fact-finding body; making an appropriation; and providing other matters properly relating thereto.
[Approved April 6, 1959]
Whereas, The Nevada school survey committee was authorized by the 1954 special session of the Nevada legislature, and thereafter was appointed by the governor; and
Whereas, The Nevada school survey committee thereafter requested the Division of Surveys and Field Services of George Peabody College for Teachers to conduct a comprehensive study of the Nevada public school system and to propose to the legislature developments and improvements based upon the findings of the study; and
Whereas, Such study was conducted and recommendations were made to the Nevada legislature, which recommendations thereafter resulted in the enactment of chapter 32, Statutes of Nevada 1956, the same being a new public school code for the State of Nevada; and
Whereas, A reevaluation and reappraisal of Nevadas public school problems is now necessary to inquire into the problems of efficiency and economy of the public school program; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The governor is hereby authorized to appoint a committee or fact-finding body for the purpose of making surveys, inquiries and investigations into the financial and administrative problems of the public elementary and high schools of the state, and for the purpose of reporting such conditions and making recommendations in connection therewith.
κ1959 Statutes of Nevada, Page 867 (CHAPTER 490, AB 389)κ
the public elementary and high schools of the state, and for the purpose of reporting such conditions and making recommendations in connection therewith. Any committee or fact-finding body so appointed shall, among other necessary and proper things, consider whether:
(a) The apportionment formula with respect to the state distributive school fund is proper concerning county school district needs and whether the moneys so received thereunder by the county school districts are sufficient.
(b) The number of administrative officers and employees employed by the county school districts is excessive.
(c) There is waste or mismanagement of funds and equipment and, if so, what steps should be taken to stop such practices.
(d) The curricula are proper and adequate for the continuing development and progress of the public schools.
Sec. 2. Any committee or fact-finding body appointed by the governor shall report in writing to the governor and the legislature not later than January 15, 1960.
Sec. 3. For the purpose of defraying the expense of such investigations, surveys and reports, there is hereby appropriated from the general fund in the state treasury the sum of $20,000, out of which the governor is authorized to pay such part of the expense as he may deem proper. Any moneys hereby appropriated remaining unexpended on January 15, 1960, shall revert to the general fund on that date.
Sec. 4. Claims for such expense shall be prepared, presented and paid in the manner provided generally for the payment of claims against the state.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 402Mr. McKissick
CHAPTER 491
AN ACT to amend NRS section 244.050, relating to commissioner districts, by requiring a petition to divide a county into commissioner districts to be signed by persons registered to vote, rather than by qualified electors; and by providing that the county commissioners be elected by the qualified electors of the commissioner district wherein they reside rather than by the qualified electors of the county.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.050 is hereby amended to read as follows:
244.050 1. Whenever 20 percent or more of the [qualified electors of] persons registered to vote at the last preceding general election in any county in this state shall petition the board of county commissioners of their county to that effect, the county commissioners of such county shall, on or before the 1st Monday in July preceding any general election, divide the county into 3 districts to be known as [Commissioner Districts.] commissioner districts. Such division shall be made to conform to the established boundaries of election precincts or wards, and each election precinct or ward shall be wholly within one of the commissioner districts herein provided for.
κ1959 Statutes of Nevada, Page 868 (CHAPTER 491, AB 402)κ
or wards, and each election precinct or ward shall be wholly within one of the commissioner districts herein provided for. Each commissioner district shall embrace, as near as may be, one-third of the voting population of the county, to be determined by the vote cast at the last general election, and shall consist of adjoining precincts; but in case not more than three election precincts or wards exist in the county, then each election precinct or ward shall constitute a commissioner district.
2. The commissioner designated in the statute as the long-term commissioner shall represent the district in which he resided when elected, and at the general election in 1894, and every 2 years thereafter, there shall be elected a commissioner from each of the remaining districts, 1 for the long term and 1 for the short term, as now provided by law.
3. The board of county commissioners shall cause to be published in some newspaper in the county, if there be one, and if not, then by posting at the door of the courthouse and one or more conspicuous places in each of the commissioner districts, a notice specifying the election precincts or wards embraced in each of the commissioner districts so established. Such notice shall be posted or published for a period of not less than 20 days prior to each general election.
4. County commissioners shall be elected by the qualified electors of the [county] commissioner district wherein they reside. [as other county officers are now elected.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 409Messrs. Swanson and Humphrey (Washoe)
CHAPTER 492
AN ACT to amend chapter 624 of NRS, relating to contractors, by prohibiting the transfer, assignment, or use by another of a license; by providing for automatic revocation of licenses for violations; and to amend NRS sections 624.270 and 624.280, relating to deposits and bonds of new licensees and to fees, by extending the period during which a new licensee shall be bonded; and by increasing maximum fees to $50.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 624 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. No license may be used for any purpose by any person other than the person to whom such license is issued, and no license may be assigned, transferred or otherwise disposed of to permit the unauthorized use thereof.
2. The license of any person who violates any provision of this section shall be automatically canceled and revoked.
Sec. 2. NRS 624.270 is hereby amended to read as follows:
κ1959 Statutes of Nevada, Page 869 (CHAPTER 492, AB 409)κ
624.270 1. No new license, as distinguished from the renewal of an existing license, shall be issued hereafter by the board unless the applicant for a new license shall:
(a) File, or have on file, with the board a bond issued by a qualified surety insurer in a sum to be fixed by the board based upon the magnitude of the operations of the applicant, but which sum shall not be less than $500 nor more than $1,000, running to the State of Nevada and conditioned upon his compliance with all the provisions of this chapter; or
(b) In lieu of the requirements of paragraph (a), post with the board a cash deposit in an amount based upon the magnitude of the operations of the applicant but of a sum not less than $500 nor more than $1,000.
2. The failure of an applicant to file the required bond or post the required deposit shall constitute grounds for denying him a license.
3. Every person injured by the unlawful acts or omissions of a contractor who has filed a bond or posted a cash deposit as required under the provisions of this section may bring an action in a proper court on the bond or a claim against the cash deposit for the amount of the damage he suffered as a result thereof to the extent covered by the bond or cash deposit.
4. The claim of any employee of the contractor for wages shall be a preferred claim against any such bond or cash deposit. If any bond or cash deposit which may be required is insufficient to pay all claims for wages in full, the sum recovered shall be distributed among all claimants for wages in proportion to the amount of their respective claims. The partial payment of such claims shall not be considered as full payment and the claimants may bring action for the completion of payment of any unpaid balance.
5. After the licensee required to furnish the bond has acted in the capacity of a licensed contractor within the State of Nevada for a period of [1 year,] 2 years, the licensee shall be relieved of the requirement of filing a bond or posting a cash deposit. The bond or cash deposit shall remain in force and with the board during the first [years] 2 years operation of the licensee as a licensed contractor, and during such additional time as, in the opinion of the board, there may be unsatisfied claims outstanding against the period of operation.
Sec. 3. NRS 624.280 is hereby amended to read as follows:
624.280 The board in its discretion is authorized to fix application, examination and annual license fees to be paid by applicants and licensees under the terms of this chapter, but the application and examination fee shall not exceed [$15] $50 and the annual license fee shall not exceed [$15] $50 per year.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 870κ
Assembly Bill No. 480Ormsby County Delegation
CHAPTER 493
AN ACT to amend an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10b. (12) 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 177, Statutes of Nevada 1955, at page 259, is hereby amended to read as follows:
Section 10b. (12) Before ordering any public improvement or repairs, any part of the expense of which is to be defrayed by special assessment, the board of trustees shall cause estimates of the expense thereof to be made by the city engineer, and also plats, maps, and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication [once a week for two weeks] for two times in one of the newspapers of the city and by posting three notices near the site of the proposed work in some public and conspicuous place, and such notice shall state the time when the board of trustees will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements. The city clerk shall also give notice of said hearing by first class mail, postage prepaid, deposited in the United States mails at least 10 days prior to the hearing, the notice to be addressed to each last-known owner of land proposed to be assessed for the cost of the improvements, at his last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county of Ormsby, and from any other source as the city clerk may deem reliable. Proof of such mailing shall be made by affidavit of the city clerk filed in the records of the city. The failure of any owner of such real property to receive such mailed notice or to see such published or posted notice shall not invalidate any assessment thereagainst.
Sec. 2. Section 10b. (20) of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 629, is hereby amended to read as follows:
Section 10b. (20) When any special assessment shall be reported by the city assessor to the board of trustees as in section 10b. (19) directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the board of trustees shall cause a notice to be published [for two issues one week apart] for two times in some newspaper published in the city, of filing of the same with the city clerk, and appointing a time when the board of trustees and assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk at any time prior to the date of said meeting.
κ1959 Statutes of Nevada, Page 871 (CHAPTER 493, AB 480)κ
city clerk at any time prior to the date of said meeting. The city clerk shall also give notice of said hearing by first class mail, postage prepaid, deposited in the United States mails at least 10 days prior to the hearing, the notice to be addressed to each last-known owner of land proposed to be assessed for the cost of the improvements, at his last-known address, such addresses and owners being those appearing on the real property assessment rolls for general (ad valorem) taxes of the county of Ormsby, and from any other source as the city clerk may deem reliable. Proof of such mailing shall be made by affidavit of the city clerk filed in the records of the city. The failure of any owner of such real property to receive such mailed notice or to see such published notice shall not invalidate any assessment thereagainst.
Sec. 3. The legislature of the State of Nevada has found, and does hereby declare, that the notice herein provided is reasonably calculated to inform the owners of taxable real property located within the boundaries of each local improvement district of each hearing in connection therewith, and that the giving of any further notice is impracticable and is unnecessary to the assurance of due process of law to such property owners.
Sec. 4. 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. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 482Committee on Ways and Means
CHAPTER 494
AN ACT to amend chapter 353 of NRS, relating to state financial administration, by creating a new provision permitting the expenditure of unappropriated moneys for payment of salaries to state officers and employees under certain circumstances.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section which shall immediately follow NRS 353.265 and which shall read as follows:
1. Nothing in NRS 353.260 shall be held to apply to the expenditure of unappropriated money out of the state treasury under the circumstances set forth and as authorized in subsection 2.
2. When the state board of examiners finds, after diligent inquiry and examination, that:
(a) As a result of the payment of terminal leave pay or sick leave pay to any state officer or employee, sufficient appropriated money does not remain available to permit the payment of salaries when due to a person to be appointed or employed to replace the officer or employee who is on sick leave or whose employment has been terminated; and
κ1959 Statutes of Nevada, Page 872 (CHAPTER 494, AB 482)κ
employee who is on sick leave or whose employment has been terminated; and
(b) The appointment or employment of such replacement is necessary in the best interests of the state,
the state board of examiners may, with the approval of the legislative auditor, authorize the expenditure of sums not exceeding $2,000 for payment of salaries when due to each person so appointed or employed as a replacement for the person to whom such terminal leave pay or sick leave pay was paid or is payable, and set aside or allocate the same out of any unappropriated money in the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 484Clark County Delegation
CHAPTER 495
AN ACT relating to Clark County, Nevada; authorizing and providing for financing the development, enlargement, improvement and equipment of the countys airport by the issuance of general obligation bonds; providing for a number of details in connection therewith; providing for the payment thereof and interest thereon by the levy and collection of general taxes and optionally by rates and charges derived in connection with the airport; authorizing the development, enlargement, improvement and equipment of the airport; specifying powers, duties, rights, privileges, liabilities and limitations in connection with such securities and the airport; and prescribing other details in connection therewith.
[Approved April 6, 1959]
Whereas, The board of county commissioners of the county of Clark, in the State of Nevada (herein sometimes designated as the board), has determined that it is necessary and for the best interest of the county and the inhabitants thereof that the county develop, enlarge, improve and equip its public airport, pursuant to the Municipal Airports Act of the State of Nevada, cited as NRS 496.010 to 496.290, inclusive; and
Whereas, At a special election held in the county on Tuesday, the 30th day of August, 1955, the qualified electors thereof authorized the issuance of its negotiable, coupon, general obligation bonds in the principal amount of $2,000,000, or so much thereof as may be necessary, for such purpose; and
Whereas, Of such amount authorized by the qualified electors of the county, it has issued its County of Clark, General Obligation Airport Bonds, Series April 1, 1956, in the principal amount of $500,000, after their public sale; and
Whereas, The board and the officers of the county have diligently proceeded with the development, enlargement, improvement and equipment of the countys airport in the manner contemplated when the bonds were authorized at such election; and
Whereas, In view of all facts and circumstances existing at that time and thereafter, the delay in issuing the bonds is reasonable, prudent and necessary; and
κ1959 Statutes of Nevada, Page 873 (CHAPTER 495, AB 484)κ
Whereas, The conditions of the county have not changed materially since the time the electors authorized the issuance of the bonds, except that the need for greater airport facilities has increased, and thus it is not inequitable to issue the bonds; and
Whereas, The purpose for which the bonds were originally authorized to be issued by the electors continues to be necessary; and
Whereas, At no time has there been an abandonment by the county of the right to deliver the bond so authorized; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of the county of Clark, in the State of Nevada (herein sometimes merely designated as the board), in addition to the powers elsewhere conferred upon the board, is hereby authorized and empowered, without the necessity of an election or other or further preliminaries, to issue the countys negotiable, coupon, general obligation bonds in the aggregate principal amount of not exceeding $1,500,000, or such lesser amount as may be necessary, for the purpose of developing, enlarging, improving and equipping the countys public airport, including, without limiting the generality of the foregoing, the acquisition of additional land therefor, and other rights therein, the installation of runway and parking surfaces, the construction and improvement of such buildings as may be required or desired, and additions and appurtenances thereto, including but not limited to sanitary or storm sewer lines, or combined sanitary and storm sewer lines, laterals and disposal facilities. The bonds may consist of one or more of the following types of municipal obligations:
1. General obligation bonds; and
2. General obligations bonds, the payment of which is additionally secured by a pledge of all or a part of the revenues derived from the operation of county airport 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, 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 or coupons 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.
κ1959 Statutes of Nevada, Page 874 (CHAPTER 495, AB 484)κ
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 county treasurer; and the bonds shall also be signed by the chairman of the board and signed and attested by the county clerk with the official seal of the county affixed thereto. Facsimile signatures of the county treasurer may be used on the coupons. The bonds shall otherwise be in such form and shall be printed at such place or places, within or without the State of Nevada, as may be determined by the ordinance, subject, however, to the following limitations and restrictions:
1. The bonds of any series shall mature in not to exceed 30 years from the date thereof;
2. The total amount of bonds issued pursuant to the provisions of this act shall not exceed $1,500,000, 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
3. 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 5 years from the effective date of this act.
Sec. 3. Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder provide for the initial issuance of one or more bonds (in this section called bond) aggregating the amount of the entire issue, and may make such provision for installment payments of the principal amount of any such bond as it may consider desirable and may provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond. The board may further make provision in any such ordinance for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal or principal and interest.
Sec. 4. The board 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 development, enlargement, improvement and equipment of the county airport and in connection with the authorization, issuance and sale of the bonds.
κ1959 Statutes of Nevada, Page 875 (CHAPTER 495, AB 484)κ
development, enlargement, improvement and equipment of the county airport 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 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 or charter 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.
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 county airport facilities.
Sec. 7. In order to insure the payment, wholly or in part, of the general obligation bonds of the county of Clark the payment of which is additionally secured by a pledge of the revenues of the system, the board may establish and maintain, and the board from time to time may revise, a schedule or schedules of fees, rates and charges for services or facilities, or both, rendered by or through the countys airport, in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 8. 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 board.
Sec. 9. 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 876 (CHAPTER 495, AB 484)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. 10. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or stamping thereon the word Paid, together with the date of its payment, sign his name thereto and transmit the same to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners. The auditor shall credit the treasurer on his books for the amount so paid.
Sec. 11. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 12. The proceeds derived from issuing any bonds herein authorized shall be used only for the purpose or purposes for which the bonds are authorized to be issued; provided, however, that after such purpose or purposes are effected or adequate provision therefor is made, any remaining bond proceeds shall be deposited in a bond fund or reserve fund for the payment of the principal of or interest on the bonds, or both; and provided, further, that any accrued interest on any bonds paid by any purchaser at the time of their delivery and any premium paid therefor shall be used for the payment of interest on the bonds.
Sec. 13. Whenever the board shall have issued, or shall have authorized the issuance of, any securities herein authorized, the board, upon behalf of the county, in addition to other powers granted, shall have the following powers:
1. To develop, enlarge, improve and equip airport facilities as hereinabove provided, and to improve, equip, use, supervise, maintain, control, operate, sell, lease and otherwise dispose of the facilities comprising the airport, any part thereof, or interest therein, and to acquire, improve, maintain, operate and dispose of a site or sites, other real property, lines, equipment, fixtures, other improvements and appurtenances therefor;
2. To insure or provide for the insurance of any project or part thereof against such risks and hazards as the county may deem advisable;
3. To exercise the power of eminent domain in the manner provided by any applicable statutory provisions and laws of the State of Nevada and acts amendatory thereof and supplemental thereto, heretofore or hereafter adopted;
4. To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to any project;
5. To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, any project;
6. To hire and retain independent contractors, agents and employees, including but not limited to engineers, architects, fiscal agents, attorneys at law and any other persons necessary or desirable to effect the purposes of this act; and to prescribe their compensation, duties and other terms of employment;
κ1959 Statutes of Nevada, Page 877 (CHAPTER 495, AB 484)κ
attorneys at law and any other persons necessary or desirable to effect the purposes of this act; and to prescribe their compensation, duties and other terms of employment;
7. To fix and levy, and from time to time increase and decrease, rentals, rates, tolls and charges for space, commodities, services or facilities furnished by, through or in connection with any project;
8. To make and keep records in connection with any project;
9. To arbitrate and differences arising in connection with any project;
10. To commence, defend, conduct, terminate by settlement or otherwise, and otherwise participate in any litigation or other court, judicial or quasi-judicial action, either at law or in equity, by suit, action, mandamus or other proceedings, concerning any project;
11. To use for or in connection with any project moneys, land and other real and personal property legally available therefor of the county nor originally acquired therefor;
12. To levy and collect from year to year for use for or in connection with any project general (ad valorem) property taxes in the manner provided by law, including but not necessarily limited to the payment of indebtedness incurred therefor;
13. To use for or in connection with any project the proceeds of any rentals, tolls, rates, charges, fees, license taxes and other excise taxes or quasi-excise taxes legally available therefor which the county is empowered to fix, levy and collect;
14. To make contracts and execute all instruments necessary or convenient; including but not limited to contracts with the Federal Government and the state;
15. To acquire any construction work, improvement or improvements of any nature in connection with any project without public advertisement and letting; provided, however, that where the entire cost, value or amount of such work including labor and materials shall exceed $5,000, except such work done by employees of the county with supplies and materials purchased by the county as hereinafter provided, or except by labor or supplies and materials, or all of such, supplied under agreement with the Federal Government or state, or both, shall be done only under independent contract to be entered into by the county with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids; the county shall have the right to reject any and all bids and to waive any irregularity in any bid; any contract may be let on a lump sum or unit basis; no contract shall be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the board and in an amount fixed thereby for the faithful performance of the contract; upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise; the county shall have the power to make any improvement, or portion thereof, in connection with any project, directly by the officers, agents and employees thereof, with supplies and materials purchased or otherwise acquired therefor; all supplies and materials purchased therefor by the board (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids; the board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, but the provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer;
κ1959 Statutes of Nevada, Page 878 (CHAPTER 495, AB 484)κ
supplies and materials purchased or otherwise acquired therefor; all supplies and materials purchased therefor by the board (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids; the board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, but the provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer;
16. To borrow money and incur indebtedness and other obligations, and to evidence the same by the issuance of bonds, in accordance with the provisions of this act;
17. To refund any bonds without an election; provided, however, that the obligation shall not be increased by any refunding except for any extension of the maturity of any bond refunded by not to exceed 15 years and for any increase in interest rates; and provided, further, that otherwise the terms and conditions of refunding bonds shall be substantially the same as those of the original issue of bonds, unless authorized by a majority of the qualified electors voting upon a proposal authorizing the issuance of the refunding bonds who are the owners of and the spouses of the owners of real property assessed on the assessment roll of the county, and by a majority of the other qualified electors voting thereon;
18. To exercise all or any part or combination of the powers herein granted; and
19. To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of this act; and to have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this act. Such specific powers shall not be considered as a limitation upon any power necessary, convenient, desirable or appropirate to carry out the purposes and intent of this act.
Sec. 14. In addition to the powers elsewhere granted to the board herein, it, upon behalf of the county, without the necessity of an election or other or further preliminaries, is empowered:
1. To borrow money or accept contributions, grants, other financial assistance, materials, supplies or services from the Federal Government or any agency, department or instrumentality thereof, corporate or otherwise (herein sometimes merely designated the Federal Government), for or in aid of any project herein authorized, and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.
2. To do any and all things necessary, convenient or desirable to secure the financial assistance or cooperation, or both financial assistance and cooperation, of the Federal Government in the undertaking, acquisition, construction, maintenance or operation of any project herein authorized;
3. To dispose of any part of the airport, or of any commodity, service or facility furnished by or through airport facilities, upon such terms as the board determines to be equitable, by sale, lease, lease and option to purchase, installment purchase contract, utility service contract or other agreement not exceeding a term of 40 years; and
κ1959 Statutes of Nevada, Page 879 (CHAPTER 495, AB 484)κ
lease and option to purchase, installment purchase contract, utility service contract or other agreement not exceeding a term of 40 years; and
4. To pledge the purchase price, rentals, rentals and purchase option premium, sale installments, utility service fees or other moneys due under any such agreement to the payment of any securities herein authorized.
Sec. 15. 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. 16. 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. 17. 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 its purpose.
Sec. 18. 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. 19. This act shall become effective upon passage and approval.
________
Assembly Bill No. 486Committee on Ways and Means
CHAPTER 496
AN ACT to amend NRS section 345.050 relating to the sale of state publications by the secretary of state by authorizing the sale of appendices to journals of senate and assembly.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 345.050 is hereby amended to read as follows:
345.050 1. The secretary of state is authorized to sell the following publications at the prices herein provided:
κ1959 Statutes of Nevada, Page 880 (CHAPTER 496, AB 486)κ
(a) Nevada Reports.
For each volume.................................................................................................. $10.00
(b) Statutes of Nevada.
For each volume up to and including Statutes of Nevada 1928-1929............. 1.00
For each volume published after Statutes of Nevada 1928-1929................... 10.00
For each volume of special session laws............................................................ .50
(c) Compilations of laws.
Compiled Laws of Nevada (1861-1873), by Bonnifield and Healy (two volumes), for each set.............................................................................................................. 2.00
General Statutes Nevada 1885 (1861-1885), by Baily and Hammond, for each volume............................................................................................................................. 1.00
Compiled Laws of Nevada 1861-1900, by Cutting, for each volume............... 1.00
Revised Laws of Nevada 1912, Volumes I and II (two volumes), for each set 3.00
Revised Laws of Nevada 1919, Volume III, for each volume............................ 1.50
(d) Miscellaneous publications.
Nevada Constitutional Debates and Proceedings 1864, for each volume...... 1.00
Nevada and Sawyers Digest 1878, for each volume........................................ .50
Nevada Digest Annotated (1912), by Patrick, for each volume....................... 1.50
Journals of the assembly or senate, for each volume........................................ 5.00
Appendices to journals of senate and assembly, when bound separately, for each volume............................................................................................................... 5.00
2. No volume shall be sold or delivered until the purchase price therefor is first received.
________
Assembly Bill No. 123Mr. Pozzi
CHAPTER 497
AN ACT to amend NRS sections 286.410, 286.450, 286.540 and 286.550, relating to amounts of contributions by public employers and employees to the public employees retirement system and disability and service retirement allowances for public employees, by effecting changes in the law to provide for increased disability and service retirement allowances of public employees; to repeal NRS section 286.560 relating to service retirement allowances of persons with 30 years of service who retire at age 55; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.410 is hereby amended to read as follows:
286.410 1. Each employee who is a member of the system shall contribute 5 percent of the gross compensation earned by him after July 1, 1948, as a member of the system, but no employee shall be required to contribute on any amount in excess of [$400] $600 per month.
κ1959 Statutes of Nevada, Page 881 (CHAPTER 497, AB 123)κ
required to contribute on any amount in excess of [$400] $600 per month.
2. From each payroll during the period of his membership, the employer shall deduct the amount of the members contributions and transmit the deduction to the board at intervals designated by the board.
3. No portion of the contribution referred to in this section shall be used for administrative expenses.
Sec. 2. NRS 286.450 is hereby amended to read as follows:
286.450 1. Each public employer shall pay into the public employees retirement fund 5 percent of all gross compensation payable on or after July 1, 1949, at intervals prescribed by the board, but no public employer shall be required to contribute on any amount in excess of [$400 per month.] $600 per month for any individual.
2. No portion of the contribution referred to in subsection 1 shall be used for administrative expenses.
3. Credit shall be granted a member of the system for all continuous service which he rendered to the state or to his public employer prior to the time the public employer commences to participate in the system.
Sec. 3. NRS 286.540 is hereby amended to read as follows:
286.540 1. The objective of this chapter shall be to provide each employee, who is a member of the system with the years of service or attained age specified in this chapter, a disability allowance of the amount provided in this chapter and a total service retirement allowance of 50 percent of his average salary for the 5 consecutive highest salaried years of his last 10 years of service for 20 years of service; provided:
(a) That no sum in excess of [$400] $600 in any 1 calendar month or [$4,800] $7,200 in any 1 calendar year shall be used in calculating the average salary; and
(b) [That the allowance shall be paid only to members receiving initial payments after July 1, 1951, and the allowances granted prior to such date shall remain unchanged.] That the average salary shall be calculated only upon that amount of salary from which retirement deductions have been made or upon which retirement deductions would have been made had the employer been a member of the system at the time of service. Not more than $400 per month may be considered as salary for periods prior to July 1, 1959.
2. The objective of this chapter shall be deemed applicable to police officers and firemen with 20 [or more] continuous years of credit in the system and who have reached the age of 55 years, and to other employees with 20 [or more] continuous years of credit in the system and who have reached the age of 60 years.
3. The monthly service retirement allowance shall be not less than $75 for a person with 20 years or more service. [nor exceed $200.]
Sec. 4. NRS 286.550 is hereby amended to read as follows:
286.550 1. Upon retirement from the service of a participating employer after 20 [or more] years of continuous service at retirement age, an eligible employee will receive a monthly service retirement allowance, payable during his lifetime, which will be 50 percent of the average monthly salary for the 5 highest salaried consecutive years of his last 10 years of service; provided:
κ1959 Statutes of Nevada, Page 882 (CHAPTER 497, AB 123)κ
of the average monthly salary for the 5 highest salaried consecutive years of his last 10 years of service; provided:
(a) That no sum in excess of [$400] $600 in any 1 calendar month or [$4,800] $7,200 in any 1 calendar year shall be used in calculating the average salary; and
(b) [That the allowance shall be paid only to members receiving initial payments after July 1, 1951, and that allowances granted prior to such date shall remain unchanged.] That members with more than 20 years of continuous service shall receive an additional 1.5 percent of average salary for each year of service over 20 years to a maximum of 10 such additional years. Payments for such additional years shall be applicable only to allowances becoming effective on or after January 1, 1959. Fractions of such additional years shall be prorated on the basis of 1.5 percent for each full year.
2. If the total years of service at retirement is 10 years or more, but less than 20 years, the retirement allowance shall be prorated on the basis of 20 years.
3. In order to be eligible for allowances under this section, unless otherwise specifically provided in this chapter, a police officer or a fireman must have attained the minimum service retirement age of 55 years, and every other employee must have attained the minimum service retirement age of 60 years.
4. Notwithstanding the foregoing subsections of this section, the monthly retirement allowance shall not be less than $75 for a person with 20 years or more service. [nor exceed $200.]
Sec. 5. NRS 286.560 is hereby repealed.
________
Senate Bill No. 295Senator Settelmeyer
CHAPTER 498
AN ACT to amend chapter 286 of NRS, relating to public employees retirement, by creating new provisions authorizing the public employees retirement board to invest and reinvest the moneys in its funds in certain types of bonds, debentures, notes, equipment trust obligations, stocks, shares, mortgages and other evidences of indebtedness, and to employ investment counsel and designate banks as custodians of investments, with the approval of the state treasurer; by providing for approval and disapproval of investment counsel and review of investment policies by the state board of finance; to repeal NRS section 286.270, relating to the investment of the funds of the public employees retirement system by the state board of finance; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 286 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.
Sec. 2. 1. Notwithstanding the provisions of chapter 355 of NRS or of any other law, the board may invest and reinvest the moneys in its funds as provided in sections 3 to 14, inclusive, and may employ investment counsel for such purpose.
κ1959 Statutes of Nevada, Page 883 (CHAPTER 498, SB 295)κ
investment counsel for such purpose. The provisions of sections 2 to 14, inclusive, shall not be deemed to prevent the board from making investments in accordance with the provisions of chapter 355 of NRS.
2. No person, firm or corporation engaged in business as a broker or dealer in securities or having a direct pecuniary interest in any such business shall be eligible for employment as investment counsel for the board.
3. The board shall not engage investment counsel until the person, firm or corporation selected by it has been approved by the state board of finance for employment as investment counsel.
4. The expense of such employment shall be paid out of the public employees retirement fund.
5. All investments made by the board and any investment program undertaken by the board shall be subject to review by the state board of finance each quarter. If after such review, the state board of finance finds that the investment policies pursued by the board are not in the best interests of the system or the state, the state board of finance may require the board to discharge any investment counsel employed by it.
6. With the approval and consent of the state treasurer, the board may designate the bank or banks which shall have the custody of the various investments authorized in sections 3 to 14, inclusive.
7. The board may accept due bills from brokers upon delivery of warrants if the certificates representing such investments are not readily available.
Sec. 3. The board may invest and reinvest the moneys in its funds in bonds or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof.
Sec. 4. The board may invest and reinvest the moneys in its funds in bonds or evidences of indebtedness which are direct obligations of, or secured by the full faith and credit of, the Dominion of Canada or any of its provinces, cities or municipal corporations, where there exists the power to levy taxes for the prompt payment of the principal and interest of such bonds or evidences of indebtedness; but such Dominion, province, city or municipal corporation shall not be in default in the payment of principal or interest on any bonds or other evidences of indebtedness at the date of such investment.
Sec. 5. The board may invest and reinvest the moneys in its funds in bonds or evidences of indebtedness which are direct obligations of, or secured by the full faith and credit of, any state of the United States or the District of Columbia where there exists the power to levy taxes for the prompt payment of the principal and interest of such bonds or evidences of indebtedness; but such state or district shall not be in default in the payment of principal or interest on any bonds or other evidences of indebtedness at the date of such investment.
Sec. 6. The board may invest and reinvest the moneys in its funds in bonds or evidences of indebtedness which are direct general obligations of any county, city, town, village, school district, sanitary district, park district, or other political subdivision or municipal corporation of any state of the United States or District of Columbia, which is not 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.
κ1959 Statutes of Nevada, Page 884 (CHAPTER 498, SB 295)κ
of any state of the United States or District of Columbia, which is not 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.
Sec. 7. The board may invest and reinvest the moneys in its funds in bonds or other obligations which are payable from revenues or earnings specifically pledged therefor of a public utility, state or municipally owned, either directly or through any civil division, authority or public instrumentality of a state or municipality; provided:
1. That the laws of the state or municipality authorizing the issuance of such bonds or other obligations require that rates for service shall be fixed, maintained and collected at all times so as to produce sufficient revenue or earnings to pay all operating and maintenance charges and both principal and interest of such bonds or obligations; and
2. That no such bonds or other obligations shall be in default at the date of such investment.
Sec. 8. 1. The board may invest and reinvest the moneys in its funds in bonds, notes or evidences of indebtedness issued by any local improvement district in this or any other state to finance local improvements authorized by law, if the principal and interest of such obligations is payable from assessments on real property within such local improvement district.
2. No such investment shall be made unless:
(a) The face value of all such obligations, and similar obligations outstanding, does not exceed 50 percent of the market value of the real property and improvements upon which such bonds or the assessments for the payment of principal and interest thereon are liens inferior only to the liens for general ad valorem property taxes.
(b) No default in payment of the principal or interest on the obligations to be purchased has occurred within 5 years of the date of investment therein, or, if such obligations were issued less than 5 years prior to the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or any other obligation of the issuer within 5 years of such investment.
Sec. 9. 1. The board may invest and reinvest the moneys in its funds in bonds, debentures, notes and other evidences of indebtedness issued, assumed or guaranteed by any solvent corporation or corporations (other than those organized and chartered for the sole purpose of holding stocks of other corporations) created or existing under the laws of the United States or of any of the states of the United States or the District of Columbia, or the Dominion of Canada or any of its provinces, which are not in default either as to principal and interest; provided:
(a) In the case of any public utility company, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than two times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have been not less than two times its fixed charges for such year.
κ1959 Statutes of Nevada, Page 885 (CHAPTER 498, SB 295)κ
available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than two times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have been not less than two times its fixed charges for such year.
(b) In the case of any finance company, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than one and one-half times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have not been less than one and one-half times its fixed charges for such year.
(c) In the case of any solvent institution other than those described in paragraphs (a) and (b) above, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than three times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have been not less than three times its fixed charges for such year.
2. The board shall not invest in any one issue of such bonds described in paragraphs (a), (b) and (c) of subsection 1 in an amount in excess of 10 percent of any one such issue.
Sec. 10. 1. The board may invest and reinvest the moneys in its funds in equipment trust obligations or certificates evidencing an interest in or lien upon transportation equipment used or to be used by a common carrier or carriers and a right to receive determined portions of fixed obligatory payments for the use or purchase of such equipment, when such obligations or certificates are issued and are unconditionally guaranteed as to principal and interest, and, as to the payment of such obligatory payments, by a corporation created or existing under the laws of the United States, or any state, district or territory thereof, or the Dominion of Canada or any of its provinces, and when the face amount of such obligations or certificates does not exceed 80 percent of the purchase price of the transportation equipment.
2. The board shall not invest in any one issue of obligations or certificates in this section in an amount in excess of 10 percent of any one such issue.
Sec. 11. 1. The board may invest and reinvest the moneys in its funds in preferred or guaranteed stock or shares of any solvent institution created or existing under the laws of the United States or of any state, district or territory thereof, if all the prior obligations and prior preferred stocks, if any, of such institutions at the date of acquisition are eligible as investments under this section and if the net earnings of such institution available for its fixed charges during either of the last 2 years have been, and during each of the last 5 years have averaged not less than two times, in the case of a public utility company, and three times, in the case of any solvent institution other than a public utility company, the sum of its average annual fixed charges, if any, its average annual maximum contingent interest, if any, and its average annual preferred dividend requirements.
κ1959 Statutes of Nevada, Page 886 (CHAPTER 498, SB 295)κ
fixed charges, if any, its average annual maximum contingent interest, if any, and its average annual preferred dividend requirements. For the purposes of this section, such computation shall refer to the fiscal years immediately preceding the date of acquisition, and the term preferred dividend requirement shall be deemed to mean cumulative or noncumulative dividends, whether paid or not.
2. The board shall not invest more than 1 percent of its assets in the preferred stock of any one issuing company, nor shall the aggregate of its investments under this section exceed 10 percent of its assets.
Sec. 12. 1. The board may invest and reinvest the moneys in its funds in nonassessable (except for taxes or wages) common stock or shares of any solvent institution created or existing under the laws of the United States or any state, district or territory thereof, if:
(a) All the obligations and preferred stock, if any, of such institution are eligible as investments under sections 2 to 14, inclusive, of this act; and
(b) Such institution has paid cash dividends for a period of 5 fiscal years next preceding the date of acquisition.
2. The board shall not invest more than 1 percent of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate of its investments under this section at cost exceed 10 percent of its assets.
Sec. 13. 1. The board may invest and reinvest the moneys in its funds in entire first mortgages on improved unencumbered real property located within this state or any other state and worth at least 50 percent more than the amount loaned thereon, the worth to be substantiated by a member of the American Institute of Real Estate Appraisers, which appraisal the board may accept if it is satisfied that the appraisal is competent and disinterested; provided:
(a) There is and has been no default in the payment of any part of the principal and there is no default in interest; and
(b) The investment in any one mortgage does not exceed $25,000.
2. By improved real property, as used in this section, is meant all farmland which has been reclaimed and is used for the purpose of husbandry, whether for tillage or pasture, and all real property within the limits of an incorporated village, town or city on which permanent buildings suitable for residence or commercial use are situated.
3. Real property for the purposes of this section shall not be deemed to be encumbered within the meaning of this section by reason of the existence of instruments reserving rights-of-way, sewer rights and rights in walls nor by reason of building restrictions or other restrictive covenants, nor by reason of the fact that it is subject to lease under which rents or profits are reserved to the owner, if the security for such investment is a full and unrestricted first lien upon such real property and there is no condition nor right of reentry or forfeiture under which such investments can be cut off, subordinated or otherwise disturbed.
4. Notwithstanding the restrictions set forth in this section, the board may invest in bonds or notes that are:
(a) Guaranteed by the Veterans Administration under the Servicemens Readjustment Act of 1944 (as from time to time amended), or otherwise guaranteed by the United States of America, or by any agency or instrumentality of the United States of America, so as to give the investor protection essentially the same as that provided by the Servicemens Readjustment Act, in which case the loan amount at the time of investment by the board may equal the unpaid principal balance; or are
κ1959 Statutes of Nevada, Page 887 (CHAPTER 498, SB 295)κ
mens Readjustment Act of 1944 (as from time to time amended), or otherwise guaranteed by the United States of America, or by any agency or instrumentality of the United States of America, so as to give the investor protection essentially the same as that provided by the Servicemens Readjustment Act, in which case the loan amount at the time of investment by the board may equal the unpaid principal balance; or are
(b) Insured under the National Housing Act or under the Farmers Home Administration Act of 1946 (as from time to time amended), in which case the loan amount at the time of investment by the board may equal the amount of the loan insurance provided.
5. The board shall not in any manner, either directly or indirectly, invest in real estate mortgages that are junior to first mortgages.
6. The board shall not invest in excess of 20 percent of its assets in the securities described in this section.
7. No mortgage loan upon a leasehold shall be made or acquired pursuant to this section unless the terms thereof provide for amortization payments to be made by the borrower on the principal thereof at least once in each year in amounts sufficient completely to amortize the loan within a period of four-fifths of the term of the leasehold, inclusive of the term which may be provided by enforcible option of renewal, which is unexpired at the time the loan is made, but in no event exceeding 30 years.
8. The board may enter into servicing agreements with qualified mortgage servicing institutions for the handling of mortgage service details, and may reimburse such servicer the customary fee charged by the trade but in no event shall this fee exceed one-twelfth of one-half percent per month of the unpaid principal balance of the loan or loans serviced under a servicing agreement. The servicer shall furnish the board each month, with respect to each mortgage serviced, postings of all cash transactions affecting each mortgage and, at the end of each calendar year, a completely posted ledger sheet for each separate mortgage serviced, giving all cash transactions affecting such mortgage.
Sec. 14. The following limitations on investments shall be observed:
1. The board shall not have at any time any combination of investments in any one institution, agency, corporation or political subdivision aggregating an amount exceeding 5 percent of the assets of the system. This restriction shall not apply to:
(a) Investments in general obligations of the United States of America.
(b) Investments owned by the system on the effective date of this act.
2. The board shall not have in total more than 10 percent of the assets of the system invested in the Dominion of Canada, its provinces, its cities, its municipal corporations and the obligations of corporations organized under the laws of the Dominion of Canada or any of its provinces.
Sec. 15. NRS 286.270 is hereby repealed.
________
κ1959 Statutes of Nevada, Page 888κ
Senate Bill No. 289Committee on Banks, Banking and Corporations
CHAPTER 499
AN ACT to amend chapter 616 of NRS, relating to industrial insurance, by creating new provisions authorizing the Nevada industrial commission to invest and reinvest the moneys in its funds in certain types of bonds, debentures, notes, equipment trust obligations, stocks, shares, mortgages and other evidences of indebtedness, and to employ investment counsel and designate banks as custodians of investments, with the approval of the state treasurer; by providing for approval and disapproval of investment counsel and review of investment policies by the state board of finance; to repeal NRS section 616.465, relating to investments of surplus or reserve funds of the Nevada industrial commission; to amend NRS section 616.470, relating to deposits of surplus funds in banks, by deleting reference to NRS section 616.465 and substituting reference to NRS sections 355.140 to 355.160, inclusive; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. 1. Notwithstanding the provisions of chapter 355 of NRS or of any other law, the commission may, pursuant to a resolution of the commission, invest and reinvest any moneys in its funds deemed available for investment as provided in sections 3 to 15, inclusive, and may employ investment counsel for such purpose.
2. The provisions of sections 2 to 15, inclusive, shall not be deemed to prevent the commission from making investments in accordance with the provisions of chapter 355 of NRS.
Sec. 3. 1. No person, firm or corporation engaged in business as a broker or dealer in securities or having a direct pecuniary interest in any such business shall be eligible for employment as investment counsel for the commission.
2. The commission shall not engage investment counsel until the person, firm or corporation selected by it has been approved by the state board of finance for employment as investment counsel.
3. The expense of such employment shall be paid from the state insurance fund.
4. All investments made by the commission and any investment program undertaken by the commission shall be subject to review by the state board of finance each quarter. If after such review, the state board of finance finds that the investment policies pursued by the commission are not in the best interests of the state insurance fund or the State of Nevada, the state board of finance may require the commission to discharge any investment counsel employed by it.
5. With the approval and consent of the state treasurer, the commission may designate the bank or banks which shall have the custody of the various investments authorized in sections 4 to 15, inclusive.
6. The commission may accept due bills from brokers upon delivery of warrants if the certificates representing such investments are not readily available.
κ1959 Statutes of Nevada, Page 889 (CHAPTER 499, SB 289)κ
Sec. 4. The commission may invest and reinvest the moneys in its funds in bonds or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof.
Sec. 5. The commission may invest and reinvest the moneys in its funds in bonds or evidences of indebtedness which are direct obligations of, or secured by the full faith and credit of, the Dominion of Canada or any of its provinces, cities or municipal corporations, where there exists the power to levy taxes for the prompt payment of the principal and interest of such bonds or evidences of indebtedness; but such Dominion, province, city or municipal corporation shall not be in default in the payment of principal or interest on any bonds or other evidences of indebtedness at the date of such investment.
Sec. 6. The commission may invest and reinvest the moneys in its funds in bonds or evidences of indebtedness which are direct obligations of, or secured by the full faith and credit of, any state of the United States or the District of Columbia where there exists the power to levy taxes for the prompt payment of the principal and interest of such bonds or evidences of indebtedness; but such state or district shall not be in default in the payment of principal or interest on any bonds or other evidences of indebtedness at the date of such investment.
Sec. 7. The commission may invest and reinvest the moneys in its funds in bonds or evidences of indebtedness which are direct general obligations of any county, city, town, village, school district, sanitary district, part district, or other political subdivision or municipal corporation of any state of the United States or District of Columbia, which is not 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.
Sec. 8. The commission may invest and reinvest the moneys in its funds in bonds or other obligations which are payable from revenues or earnings specifically pledged therefor of a public utility, state or municipally owned, either directly or through any civil division, authority or public instrumentality of a state or municipality; provided:
1. That the laws of the state or municipality authorizing the issuance of such bonds or other obligations require that rates for service shall be fixed, maintained and collected at all times so as to produce sufficient revenue or earnings to pay all operating and maintenance charges and both principal and interest of such bonds or obligations; and
2. That no such bonds or other obligations shall be in default at the date of such investment.
Sec. 9. 1. The commission may invest and reinvest the moneys in its funds in bonds, notes or evidences of indebtedness issued by any local improvement district in this or any other state to finance local improvements authorized by law, if the principal and interest of such obligations is payable from assessments on real property within such local improvement district.
κ1959 Statutes of Nevada, Page 890 (CHAPTER 499, SB 289)κ
local improvement district in this or any other state to finance local improvements authorized by law, if the principal and interest of such obligations is payable from assessments on real property within such local improvement district.
2. No such investment shall be made unless:
(a) The face value of all such obligations, and similar obligations outstanding, does not exceed 50 percent of the market value of the real property and improvements upon which such bonds or the assessments for the payment of principal and interest thereon are liens inferior only to the liens for general ad valorem property taxes.
(b) No default in payment of the principal or interest on the obligations to be purchased has occurred within 5 years of the date of investment therein, or, if such obligations were issued less than 5 years prior to the date of investment, no default in payment of principal or interest has occurred on the obligations to be purchased or any other obligation of the issuer within 5 years of such investment.
Sec. 10. 1. The commission may invest and reinvest the moneys in its funds in bonds, debentures, notes and other evidences of indebtedness issued, assumed or guaranteed by any solvent corporation or corporations (other than those organized and chartered for the sole purpose of holding stocks of other corporations) created or existing under the laws of the United States or of any of the states of the United States or the District of Columbia, or the Dominion of Canada or any of its provinces, which are not in default either as to principal and interest; provided:
(a) In the case of any public utility company, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than two times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have been not less than two times its fixed charges for such year.
(b) In the case of any finance company, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than one and one-half times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have not been less than one and one-half times its fixed charges for such year.
(c) In the case of any solvent institution other than those described in paragraphs (a) and (b) above, the net earnings available for its fixed charges for a period of 5 fiscal years next preceding the date of investment therein have averaged per year not less than three times its average annual fixed charges after depreciation and income taxes applicable to such period and if, during either of the last 2 years of such period, such net earnings have been not less than three times its fixed charges for such year.
2. The commission shall not invest in any one issue of such bonds described in paragraphs (a), (b) and (c) of subsection 1 in an amount in excess of 10 percent of any one such issue.
Sec. 11. 1. The commission may invest and reinvest the moneys in its funds in equipment trust obligations or certificates evidencing an interest in or lien upon transportation equipment used or to be used by a common carrier or carriers and a right to receive determined portions of fixed obligatory payments for the use or purchase of such equipment when such obligations or certificates are issued and are unconditionally guaranteed as to principal and interest, and, as to the payment of such obligatory payments, by a corporation created or existing under the laws of the United States, or any state, district or territory thereof, or the Dominion of Canada or any of its provinces, and when the face amount of such obligations or certificates does not exceed 80 percent of the purchase price of the transportation equipment.
κ1959 Statutes of Nevada, Page 891 (CHAPTER 499, SB 289)κ
its funds in equipment trust obligations or certificates evidencing an interest in or lien upon transportation equipment used or to be used by a common carrier or carriers and a right to receive determined portions of fixed obligatory payments for the use or purchase of such equipment when such obligations or certificates are issued and are unconditionally guaranteed as to principal and interest, and, as to the payment of such obligatory payments, by a corporation created or existing under the laws of the United States, or any state, district or territory thereof, or the Dominion of Canada or any of its provinces, and when the face amount of such obligations or certificates does not exceed 80 percent of the purchase price of the transportation equipment.
2. The commission shall not invest in any one issue of obligations or certificates in this section in an amount in excess of 10 percent of any one such issue.
Sec. 12. 1. The commission may invest and reinvest the moneys in its funds in preferred or guaranteed stock or shares of any solvent institution created or existing under the laws of the United States or of any state, district or territory thereof, if all the prior obligations and prior preferred stocks, if any, of such institutions at the date of acquisition are eligible as investments under this section and if the net earnings of such institution available for its fixed charges during either of the last 2 years have been, and during each of the last 5 years have averaged not less than two times, in the case of a public utility company, and three times, in the case of any solvent institution other than a public utility company, the sum of its average annual fixed charges, if any, its average annual maximum contingent interest, if any, and its average annual preferred dividend requirements. For the purpose of this section, such computation shall refer to the fiscal years immediately preceding the date of acquisition, and the term preferred dividend requirement shall be deemed to mean cumulative or noncumulative dividends, whether paid or not.
2. The commission shall not invest more than 1 percent of its assets in the preferred stock of any one issuing company, nor shall the aggregate of its investments under this section exceed 10 percent of its assets.
Sec. 13. 1. The commission may invest and reinvest the moneys in its funds in nonassessable (except for taxes or wages) common stock or shares of any solvent institution created or existing under the laws of the United States or any state, district or territory thereof, if:
(a) All the obligations and preferred stock, if any, of such institution are eligible as investments under sections 3 to 15, inclusive, of this act; and
(b) Such institution has paid cash dividends for a period of 5 fiscal years next preceding the date of acquisition.
2. The commission shall not invest more than 1 percent of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate of its investments under this section at cost exceed 10 percent of its assets.
Sec. 14. 1. The commission may invest and reinvest the moneys in its funds in entire first mortgages on improved unencumbered real property located within this state or any other state and worth at least 50 percent more than the amount loaned thereon, the worth to be substantiated by a member of the American Institute of Real Estate Appraisers, which appraisal the commission may accept if it is satisfied that the appraisal is competent and disinterested; provided:
κ1959 Statutes of Nevada, Page 892 (CHAPTER 499, SB 289)κ
property located within this state or any other state and worth at least 50 percent more than the amount loaned thereon, the worth to be substantiated by a member of the American Institute of Real Estate Appraisers, which appraisal the commission may accept if it is satisfied that the appraisal is competent and disinterested; provided:
(a) There is and has been no default in the payment of any part of the principal and there is no default in interest; and
(b) The investment in any one mortgage does not exceed $25,000.
2. By improved real property, as used in this section, is meant all farmland which has been reclaimed and is used for the purpose of husbandry, whether for tillage or pasture, and all real property within the limits of an incorporated village, town or city on which permanent buildings suitable for residence or commercial use are situated.
3. Real property for the purposes of this section shall not be deemed to be encumbered within the meaning of this section by reason of the existence of instruments reserving rights-of-way, sewer rights and rights in walls nor by reason of building restrictions or other restrictive covenants, nor by reason of the fact that it is subject to lease under which rents or profits are reserved to the owner, if the security for such investment is a full and unrestricted first lien upon such real property and there is no condition nor right of reentry or forfeiture under which such investments can be cut off, subordinated or otherwise disturbed.
4. Notwithstanding the restrictions set forth in this section, the commission may invest in bonds or notes that are:
(a) Guaranteed by the Veterans Administration under the Servicemens Readjustment Act of 1944 (as from time to time amended), or otherwise guaranteed by the United States of America, or by any agency or instrumentality of the United States of America, so as to give the investor protection essentially the same as that provided by the Servicemens Readjustment Act, in which case the loan amount at the time of investment by the commission may equal the unpaid principal balance; or are
(b) Insured under the National Housing Act or under the Farmers Home Administration Act of 1946 (as from time to time amended), in which case the loan amount at the time of investment by the commission may equal the amount of the loan insurance provided.
5. The commission shall not in any manner, either directly or indirectly, invest in real estate mortgages that are junior to first mortgages.
6. The commission shall not invest in excess of 20 percent of its assets in the securities described in this section.
7. No mortgage loan upon a leasehold shall be made or acquired pursuant to this section unless the terms thereof provide for amortization payments to be made by the borrower on the principal thereof at least once in each year in amounts sufficient completely to amortize the loan within a period of four-fifths of the term of the leasehold, inclusive of the term which may be provided by enforcible option of renewal, which is unexpired at the time the loan is made, but in no event exceeding 30 years.
κ1959 Statutes of Nevada, Page 893 (CHAPTER 499, SB 289)κ
8. The commission may enter into servicing agreements with qualified mortgage servicing institutions for the handling of mortgage service details, and may reimburse such servicer the customary fee charged by the trade but in no event shall this fee exceed one-twelfth of one-half percent per month of the unpaid principal balance of the loan or loans serviced under a servicing agreement. The servicer shall furnish the commission each month, with respect to each mortgage serviced, postings of all cash transactions affecting each mortgage and, at the end of each calendar year, a completely posted ledger sheet for each separate mortgage serviced, giving all cash transactions affecting such mortgage.
Sec. 15. The following limitations on investments shall be observed:
1. The commission shall not have at any time any combination of investments in any one institution, agency, corporation or political subdivision aggregating an amount exceeding 5 percent of its assets. This restriction shall not apply to:
(a) Investments in general obligations of the United States of America.
(b) Investments owned by the commission on the effective date of this act.
2. The commission shall not have in total more than 10 percent of its assets invested in the Dominion of Canada, its provinces, its cities, its municipal corporations and the obligations of corporations organized under the laws of the Dominion of Canada or any of its provinces.
Sec. 16. NRS 616.470 is hereby amended to read as follows:
616.470 1. The state treasurer may, upon written authority of the commission, approved by the state board of finance, deposit not to exceed 25 percent of the reserve and surplus of the state insurance fund in a bank or banks in the State of Nevada, upon interest at not less than the prevailing and current rate paid in Nevada at savings accounts by banks.
2. Such bank or banks shall deposit with the state treasurer bonds of the United States or other securities in which funds of the state insurance fund are authorized to be invested, as provided in [NRS 616.465,] NRS 355.140 to 355.160, inclusive, in an amount, at market value, sufficient to protect and guarantee the depositor against any loss by reason of the failure or suspension of the bank, or loss from any other cause. The amount of the security to be deposited and the fair value of the bonds deposited shall be determined and fixed by the commission and state treasurer, and approved by the state board of finance, but in no event shall the value of the bonds deposited be less than the sum deposited in the particular bank.
3. Interest earned by such portion of the state insurance fund which may be so deposited in any bank or banks, as herein provided, shall be placed to the credit of the state insurance fund.
Sec. 17. NRS 616.465 is hereby repealed.
Sec. 18. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 894κ
Assembly Bill No. 150Messrs. Leavitt, Harmon and Fitz
CHAPTER 500
AN ACT to amend NRS sections 584.345, 584.410, 584.415, 584.505, 584.520, 584.570, 584.595, 584.605, 584.630, 584.635, 584.670 and 584.690, relating to stabilization and marketing of fluid milk and fluid cream, by extending the definitions of distributor, clarifying purposes and legislative intent, extending inspection, unfair practices and licensing provisions, providing continuation of plans for wholesalers and retailers, assessment of distributors fees when dairy products are imported into the state, increasing bonds and providing additional assessments and penalties; to amend chapter 584 of NRS, relating to dairy products and substitutes, by adding new sections relating to price fixing, selling butter and fresh dairy byproducts below cost, assessments and enforcement; to repeal NRS sections 584.305 to 584.320, inclusive, relating to conciliation of disputes in the milk industry, and NRS section 584.577 relating to price fixing; and providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 584.345 is hereby amended to read as follows:
584.345 1. Distributor means any person, whether or not such person is a producer or an association of producers, who purchases or handles fluid milk, [or] fluid cream or any other dairy product for sale, including brokers, agents, copartnerships, cooperative corporations, and incorporated and unincorporated associations.
2. The definition of distributor shall not include any of the following:
(a) Any retail store that is not engaged in processing and packaging fluid milk or fluid cream [.] and does not purchase, or otherwise receive for resale, fluid milk, fluid cream or any other dairy product from sources outside the State of Nevada.
(b) Any establishment, where fluid milk or fluid cream is sold only for consumption on the premises, that is not engaged in processing and packaging fluid milk or fluid cream.
(c) Any person owned or controlled by one or more retail stores or owned or controlled by one or more establishments where fluid milk or fluid cream is sold for consumption on the premises, which person is not actively and directly engaged in the processing and packaging of fluid milk or fluid cream.
(d) Any producer who delivers fluid milk or fluid cream only to a distributor.
Sec. 2. NRS 584.410 is hereby amended to read as follows:
584.410 The purposes of NRS 584.325 to 584.690, inclusive, are:
1. To provide funds for administration and enforcement of NRS 584.325 to 584.690, inclusive, by assessments to be paid by producers of fluid milk or fluid cream or both, and from licenses issued to distributors in the manner prescribed herein.
2. To authorize and enable the commission to prescribe marketing areas and to fix prices at which fluid milk or fluid cream, or both, may be sold by producers, distributors and retailers, which areas and prices are necessary due to varying factors of costs of production, health regulations, transportation and other factors in the marketing areas of this state [.]
κ1959 Statutes of Nevada, Page 895 (CHAPTER 500, AB 150)κ
regulations, transportation and other factors in the marketing areas of this state [.] ; but the price of fluid milk or fluid cream within any marketing area shall be uniform for all purchasers of fluid milk or fluid cream of similar grade or quality under like terms and conditions.
3. To authorize and enable the commission to formulate stabilization and marketing plans subject to the limitations herein prescribed with respect to the contents of such stabilization and marketing plans and declare such plans in effect for any marketing area.
4. To enable the dairy industry with the aid of the state to correct existing evils, develop and maintain satisfactory marketing conditions and bring about a reasonable amount of stability and prosperity in the production and marketing of fluid milk and fluid cream.
Sec. 3. NRS 584.415 is hereby amended to read as follows:
584.415 1. It is the intent of the legislature that the powers conferred in NRS 584.325 to 584.690, inclusive, shall be liberally construed.
2. Nothing in NRS 584.325 to 584.690, inclusive, shall be construed as permitting or authorizing the development of conditions of monopoly in the production or distribution of fluid milk or fluid cream.
3. The terms and conditions under which producers, distributors and retailers may sell, purchase and distribute fluid milk or fluid cream shall be established by the commission for the purpose of insuring an adequate and continuous supply of pure, fresh, wholesome fluid milk and fluid cream to consumers at fair and reasonable prices in the several localities and markets of the state and under the varying conditions of production and distribution.
Sec. 4. NRS 584.505 is hereby amended to read as follows:
584.505 1. The commission may investigate, upon reasonable notice, any and all transactions between producers and distributors or among distributors or between distributors and retail stores or between distributors and consumers [.] or between retail stores and consumers; and the commission or its authorized agents may enter at all reasonable hours all places where milk is stored, bottled or manufactured, or where milk or milk products are bought, sold or handled, or where the books, papers, records or documents relating to such transactions are kept, and may inspect and copy any such books, papers, records or documents.
2. Each producer and distributor shall maintain adequate records concerning his transactions in fluid milk and fluid cream.
Sec. 5. NRS 584.520 is hereby amended to read as follows:
584.520 1. The commission may amend or terminate any stabilization and marketing plan, after notice and public hearing as prescribed in NRS 584.550 to 584.565, inclusive, if it finds that such plan is no longer in conformity with the standards prescribed in, or will not tend to effectuate the purposes of, NRS 584.325 to 584.690, inclusive.
2. Such hearing may be held upon the motion of the commission and shall be held upon receipt of a petition signed by producers representing not less than 55 percent of the total number of all of the producers and not less than 55 percent of the total production of all producers who are eligible to petition the commission for the formulation of such plan.
κ1959 Statutes of Nevada, Page 896 (CHAPTER 500, AB 150)κ
3. Notwithstanding the provisions of subsections 1 and 2 of this section, if the producers wish to abandon an existing stabilization and marketing plan and establish a Federal Milk Marketing Order or other similar type of milk marketing order, the commission may continue a marketing and stabilization plan in effect for any given area, insofar as wholesale and retail provisions are concerned, whenever it appears that 55 percent of the distributors in any given area, whose major interest in the fluid milk and fluid cream business consists of at least 55 percent of the fluid milk and fluid cream distributed within the area by volume, desire that the wholesale and retail provisions, including price regulations, be continued.
4. Notwithstanding the provisions of subsections 1, 2 and 3 of this section, areas which are nonproducing may terminate a stabilization and marketing plan insofar as it affects wholesale and retail prices providing that 55 percent of the licensed distributors delivering 55 percent of the products to such area wish to terminate such plan after notice and public hearing as prescribed in NRS 584.550 to 584.565, inclusive.
Sec. 6. NRS 584.570 is hereby amended to read as follows:
584.570 1. No distributor may engage in any of the practices set forth in paragraphs (a) to (d), inclusive, of subsection 2 of this section, whether or not a stabilization and marketing plan is in effect in the area in which he carries on his business.
2. Each stabilization and marketing plan shall contain provisions for prohibiting distributors and retail stores from engaging in the unfair practices hereinafter set forth:
[1.] (a) The payment, allowance or acceptance of secret rebates, secret refunds or unearned discounts by any person, whether in the form of money or otherwise.
[2.] (b) The giving of any milk, cream, dairy products, services or articles of any kind, except to bona fide charities, for the purpose of securing or retaining the fluid milk or fluid cream business of any customer.
[3.] (c) The extension to certain customers of special prices or services not made available to all customers who purchase fluid milk or fluid cream of like quantity under like terms and conditions.
[4.] (d) The purchase of any fluid milk in excess of 200 gallons monthly from any producer or association of producers unless a written contract has been entered into with such producer or association of producers stating the amount of fluid milk to be purchased for any period, the quantity of such milk to be paid for as class 1 in pounds of milk or pounds of milk fat or gallons of milk, and the price to be paid for all milk received. The contract shall also state the date and method of payment for such fluid milk, which shall be that payment shall be made for approximately one-half of the milk delivered in any calendar month not later than the 1st day of the next following month and the remainder not later than the 15th day of the month, the charges for transportation is hauled by the distributor, and may contain such other provisions as are not in conflict with NRS 584.325 to 584.690, inclusive, and shall contain a proviso to the effect that the producer shall not be obligated to deliver in any calendar month fluid milk to be paid for at the minimum price for fluid milk that is used for class 3, as that class is defined in NRS 584.490.
κ1959 Statutes of Nevada, Page 897 (CHAPTER 500, AB 150)κ
584.690, inclusive, and shall contain a proviso to the effect that the producer shall not be obligated to deliver in any calendar month fluid milk to be paid for at the minimum price for fluid milk that is used for class 3, as that class is defined in NRS 584.490. A signed copy of such contract shall be filed by the distributor with the commission within 5 days from the date of its execution. The provisions of this subsection relating to dates of payment shall not apply to contracts for the purchase of fluid milk from nonprofit cooperative associations of producers.
Sec. 7. NRS 584.595 is hereby amended to read as follows:
584.595 1. No distributor [shall] may deal in fluid milk [or] , fluid cream or any other dairy product without first having obtained a license from the commission.
2. The special licenses provided in this section are in addition to any and all licenses otherwise required by any law or ordinance of any county or municipality of this state or any law of this state.
3. Application for the licenses herein provided shall be made on forms prescribed by the commission, shall be accompanied by an application fee of $3, and shall state the name and address of the applicant and such details as to the nature of the applicants business as the commission may require. [Such applicant shall further satisfy the commission of his or its character, responsibility and good faith in seeking to carry on the business stated in the application.] Such applicant shall satisfy the commission:
(a) Of the applicants good faith, character and responsibility in seeking to carry on the business stated in the application.
(b) That the applicant has complied with all laws of the State of Nevada and regulations promulgated thereunder, regardless of whether the applicant is a local or out-of-state distributor.
4. Licenses shall be issued for a period of 12 months from the 1st day of each year or for the remainder of the calendar year from the date of issuance.
5. Application for renewal of a license for the following year by a licensee, together with the application fee of $3, shall be made prior to the expiration date of the license held, and if not so made, the applicant shall pay an additional sum equal to 100 percent of the application fee before such license shall be issued.
Sec. 8. NRS 584.605 is hereby amended to read as follows:
584.605 [The minimum bond of $1,000 shall be required of distributors purchasing an average daily quantity of fluid milk of less than 100 gallons; distributors purchasing an average daily quantity of 100 gallons and less than 200 gallons during any calendar month during a license year must post a bond in the amount of $2,000; distributors purchasing an average daily quantity of 200 gallons and less than 300 gallons during any calendar month during a license year must post a bond in the amount of $3,000; distributors purchasing an average daily quantity of 300 gallons or more during any calendar month during a license year shall post a bond in the sum of $5,000.] The amount of the bond required by NRS 584.600 shall be based upon the highest daily average of fluid milk purchased by the distributor in any calendar month during the license year, measured in gallons as follows:
κ1959 Statutes of Nevada, Page 898 (CHAPTER 500, AB 150)κ
based upon the highest daily average of fluid milk purchased by the distributor in any calendar month during the license year, measured in gallons as follows:
Less than 100 gallons..................................................................................... $1,000
100 but less than 200............................................................................ 2,000
200 but less than 300............................................................................ 3,000
300 but less than 400............................................................................ 4,000
400 but less than 500............................................................................ 5,000
500 but less than 1,000......................................................................... 6,000
1,000 but less than 2,000......................................................................... 8,000
2,000 but less than 3,000......................................................................... 10,000
3,000 but less than 4,000......................................................................... 15,000
4,000 but less than 5,000......................................................................... 20,000
5,000 or more............................................................................................. 25,000
Sec. 8.5. NRS 584.630 is hereby amended to read as follows:
584.630 1. Distributors who are subject to any stabilization and marketing plan as established by the commission shall pay to the commission on all milk fat contained in fluid milk, fluid cream or both, purchased from producers, including their own production, if any, a fee in cents per pound of milk fat equal to that required to be deducted from payments due producers of fluid milk under NRS 584.635.
2. Such assessed fees received by the commission shall be used in the administration and enforcement of NRS 584.325 to 584.690, inclusive.
3. Distributors who import dairy products into the State of Nevada that contain milk fat, which product or the milk fat content thereof has not been subject to assessment by the State of Nevada, shall be assessed at the same rate on the content of milk fat contained in such products as Nevada distributors are assessed on fluid milk or fluid cream which go into the manufacture of such type products.
Sec. 9. NRS 584.635 is hereby amended to read as follows:
584.635 1. Distributors who are subject to the provisions of any stabilization and marketing plan made effective by NRS 584.325 to 584.690, inclusive, including distributors who import fluid milk or fluid cream from outside the state, whether such items are finished products or in bulk, shall deduct as an assessment from payments due [producers] their sellers, whether such sellers are producers or distributors, and whether within or without the state, for fluid milk, fluid cream or both, including each distributors own production, the sum of one-half cent per pound milk fat on all milk fat contained in fluid milk, fluid cream or both, or in the case of distributors who do not purchase or receive fluid milk, in milk fat pounds, the sum of 1 1/2 cents for each 10 gallons of fluid milk sold. Such assessment rates are maximum rates.
2. The commission may fix the rate of such assessment at a less amount, and may adjust the rate from time to time, whenever it finds that the cost of administering the provisions of NRS 584.325 to 584.690, inclusive, can be defrayed from revenues derived from such lower rates in combination with such sums as are provided by NRS 584.630.
κ1959 Statutes of Nevada, Page 899 (CHAPTER 500, AB 150)κ
3. The amount of the assessment so deducted shall be paid to the commission on or before the 15th of the month following the month during which such fluid milk or fluid cream was received.
4. If payments of assessments are not made on or before the 15th day of each month following the month during which the fluid milk or fluid cream was received or following the date upon which any other assessment falls due, the commission shall charge, as a penalty for such late payment, the amount of 1 percent per month of the total amount due and owing, but remaining unpaid.
Sec. 10. NRS 584.670 is hereby amended to read as follows:
584.670 1. [The violation of any provision of NRS 584.325 to 584.690, inclusive, or of any of the unfair practices set forth in NRS 584.325 to 584.690, inclusive, is a misdemeanor, and furthermore is ground for revocation or suspension of license in the manner set forth in NRS 584.325 to 584.690, inclusive.] The violation of any provision of NRS 584.325 to 584.690, inclusive, or of any stabilization and marketing plan, including the price requirements of such plan, or of any of the unfair practice provisions set forth in such sections, is a misdemeanor, and also is ground for revocation or suspension of license in the manner set forth in NRS 584.325 to 584.690, inclusive.
2. Every distributor must pay for fluid milk or fluid cream delivered to him or it at the time and in the manner specified in the contract with the producer. Failure to make such payment is hereby declared to be ground for refusal, suspension or revocation of license in the manner set forth in NRS 584.325 to 584.690, inclusive.
3. In addition to, or in lieu of, any other penalty provided by NRS 584.325 to 584.690, inclusive, the commission may impose, upon any person subject to any penalty under subsection 1 of this section, a penalty of $500 for each violation, to be recovered by the commission in a civil action in a court of competent jurisdiction. All sums recovered under this subsection shall be paid into the state treasury to the credit of the dairy commission fund and shall be expended solely for the enforcement of NRS 584.325 to 584.690, inclusive.
Sec. 11. NRS 584.690 is hereby amended to read as follows:
584.690 NRS 584.325 to 584.685, inclusive, shall apply to retail stores in the following particulars only:
1. The examination by the commission of the purchase records of retail stores from distributors.
2. The unfair practices prohibited in NRS 584.570.
3. The provisions of any stabilization and marketing plan which includes retailers. [as provided in NRS 584.577.]
Sec. 12. Chapter 584 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 to 17, inclusive, of this act.
Sec. 13. 1. Each stabilization and marketing plan shall contain provisions fixing the price at which fluid milk and fluid cream may be sold by producers, distributors and retailers and regulating all discounts allowed by producers, distributors and retailers.
2. In determining the minimum prices to be paid by distributors to producers the commission shall consider, but not be limited to, the following factors:
(a) Cost of production.
(b) Reasonable return upon capital investment.
κ1959 Statutes of Nevada, Page 900 (CHAPTER 500, AB 150)κ
(c) Producer transportation costs.
(d) Cost of compliance with health regulations.
(e) Current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for such fluid milk and fluid cream.
3. In determining the minimum prices to be paid by retailers to wholesalers and by consumers to retailers the commission shall consider, but not be limited to, the following factors:
(a) The quantities of fluid milk or fluid cream, or both, distributed in the marketing area covered by the stabilization and marketing plan.
(b) The quantities of fluid milk or fluid cream, or both, normally required by consumers in such marketing area.
(c) The cost of fluid milk or fluid cream, or both, to distributors and retail stores, which in all cases shall be, respectively, the prices paid by distributors to producers and the minimum wholesale prices, as established pursuant to this chapter.
(d) The reasonable cost of handling fluid milk or fluid cream, or both, incurred by distributors and retail stores, respectively, including all costs of hauling, processing, selling and delivering by the several methods used in such marketing area in accomplishing such hauling, processing, selling and delivering, as such costs are determined by impartial audits of the books and records, or surveys, or both, of all or such portion of the distributors and retail stores, respectively, of each type or class in such marketing area as are reasonably determined by the commission to be sufficiently representative to indicate the costs of all distributors and retail stores, respectively, in such marketing area.
Sec. 14. 1. No distributor or retailer may sell butter or fresh dairy byproducts below cost. Fresh dairy byproducts includes but is not limited to the following items: buttermilk, skim milk, chocolate drink, ice cream, ice milk mix, sherbet, sour cream, sour cream dressing and cottage cheese; and does not necessarily define the class of fluid milk or fluid cream which is used to make such products.
2. In determining cost in the case of a manufacturing distributor, the following factors shall be included, but cost shall not necessarily be limited to such factors:
(a) Cost of raw products based on actual cost or on current and prospective supplies of fluid milk and fluid cream in relation to current and prospective demands for such fluid milk and fluid cream.
(b) Cost of production.
(c) Reasonable return upon capital investment.
(d) Producer transportation costs.
(e) Cost of compliance with health regulations.
(f) Overhead cost of handling based on a percentage of over-all plant and sales operating cost.
3. In determining cost in the case of a peddler-distributor or retailer, the following factors shall be included, but cost shall not necessarily be limited to such factors:
(a) Purchase price of product.
(b) Overhead cost for handling.
(c) Reasonable return upon capital investment.
4. Each manufacturing distributor shall file with the commission a statement of costs, listing separately the items set forth in subsection 2 of this section and any other applicable cost factors.
κ1959 Statutes of Nevada, Page 901 (CHAPTER 500, AB 150)κ
a statement of costs, listing separately the items set forth in subsection 2 of this section and any other applicable cost factors. Such statements shall be kept current by supplement under regulations promulgated by the commission. All such statements shall be kept confidential by the commission except when used in judicial proceedings or administrative proceedings under this chapter.
5. Each manufacturing distributor and each peddler-distributor shall file with the commission a list of wholesale, retail and distributor or dock prices. No such distributor shall sell at prices other than those contained in such list, except in the case of bids to departments or agencies of federal, state and local governments; but in no case shall the distributor sell below cost as provided in section 14.
6. The commission, or any agent of the commission may examine, at any reasonable time and place, the books and records of any manufacturing distributor or peddler-distributor relating to cost and prices.
Sec. 15. 1. The commission shall assess each distributor of butter the sum of one-half cent per pound on all butter distributed by such distributor.
2. The commission shall assess all distributors of fresh dairy byproducts the sum of 2 cents per gallon on all ice cream, sherbet, or ice cream or ice milk mixes, and the sum of one-fourth cent per pound on all cottage cheese, distributed by such distributors.
3. Assessments under this section shall be paid to the commission on or before the 15th of the month following the month during which the butter or fresh dairy byproducts were distributed. Late payments shall be subject to the same penalty as that provided by subsection 4 of NRS 584.635.
Sec. 16. 1. Nothing in this section shall be construed as permitting or authorizing the development of conditions of monopoly in production or distribution of butter or fresh dairy byproducts, and a distributor who meets in good faith a lawful competitive price shall not be subject to any penalty provided in this chapter, if he files with the commission information detailing the circumstances surrounding the lawful competitive price within 5 days of such occurrence. Such information shall include the name and address of the distributor, the name and address of the customer involved, the competitive price met, the effective date of such price or condition, and the name and address of the competing distributor.
2. If such information is accompanied by a written statement, signed by the customer before a notary public or two competent witnesses, that such competitive price has been offered or made available to him, such statement shall constitute prima facie evidence that a distributor is meeting such competitive price or condition in good faith.
Sec. 17. Constables, police officers and sheriffs may render assistance to the commission, any member of the commission or any authorized representative of the commission, in the enforcement of the provisions of NRS 584.325 to 584.690, inclusive, upon request.
Sec. 18. NRS 584.305 to 584.320, inclusive, and NRS 584.577 are hereby repealed.
Sec. 19. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 902κ
Assembly Bill No. 386Mr. Ryan
CHAPTER 501
AN ACT to amend NRS sections 612.365, 612.485, 612.495 and 612.510, relating to overpayments and recovery, determinations and redeterminations and appeals in the unemployment compensation law, by providing procedures for appeals; by providing for appeals from determinations of liability for overpayments of unemployment compensation; and by providing other matters properly relating thereto.
[Approved April 6, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.365 is hereby amended to read as follows:
612.365 1. Any person who is overpaid any amount as benefits under this chapter is liable for the amount overpaid unless:
(a) The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient; and
(b) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience, as determined by the executive director.
2. The amount of the overpayment shall be assessed to the liable person and he shall be notified of the basis of the assessment. Such notice shall specify the amount for which such person is liable. In the absence of fraud, misrepresentation or willful nondisclosure, notice of such assessment shall be mailed or personally served not later than 1 year after the close of the benefit year in which the overpayment was made.
3. At any time within 3 years from the notice of overpayment, the executive director may recover the amount of the overpayment either by using the same methods of collection provided in NRS 612.625 to 612.645, inclusive, for the collection of past due contributions or by deducting the amount of the overpayment from any benefits payable the liable person under this chapter.
4. The executive director may waive recovery or adjustment of all or part of the amount of any such overpayment which he finds to be uncollectible or the recovery or adjustment of which he finds to be administratively impracticable.
5. Any person against whom liability is determined under this section, may appeal therefrom within 10 days from the date the notice provided for in this section was mailed to, or served upon, such person. Such appeals shall be made and conducted in the manner provided in this chapter for the appeals from determinations of benefit status. The 10-day period provided for in this subsection may be extended for good cause shown.
Sec. 2. NRS 612.485 is hereby amended to read as follows:
612.485 1. Any determination or redetermination shall be final 10 days from the date of notification or mailing of the notice of determination or redetermination unless [an appeal or request for reconsideration is received] a request for reconsideration or an appeal is filed within the 10-day period.
κ1959 Statutes of Nevada, Page 903 (CHAPTER 501, AB 386)κ
2. Nothing in this section shall limit or abridge the authority of the executive director to make a redetermination as provided in NRS 612.480.
3. Any notice of a determination or redetermination shall clearly indicate the interested persons right to appeal.
Sec. 3. NRS 612.495 is hereby amended to read as follows:
612.495 1. Any person entitled to a notice of determination or redetermination may file an appeal from the determination with an appeal tribunal [.] , and the executive director shall be a party respondent thereto. Such appeal must be filed within 10 days of the date of mailing or personal service of the notice of determination [. Any person entitled to the notice of determination may initiate an appeal from a determination or redetermination and the executive director shall be a party respondent thereto.] or redetermination. Such 10-day period may be extended for good cause shown. Any [other] employing unit whose rights may be adversely affected may be permitted by the appeal tribunal to intervene as a party respondent to the appeal.
2. An appeal shall be deemed to be filed on the date it is delivered to the employment security department, or, if it is mailed, on the post marked date appearing on the envelope in which it was mailed, if postage is prepaid and the envelope is properly addressed to one of the offices of the employment security department.
3. The 10-day period provided for in this section shall be computed by excluding the day the determination was mailed or personally served, and including the last day of the 10-day period, unless the last day is a Saturday, Sunday or holiday, in which case such day shall also be excluded,
4. The appeal tribunal may permit the withdrawal of the appeal by the appellant at the appellants request if there is no coercion or fraud involved in the withdrawal.
Sec. 4. NRS 612.510 is hereby amended to read as follows:
612.510 1. After a hearing an appeal tribunal shall make its findings promptly and on the basis thereof affirm, modify or reverse the determination. Each party shall be promptly furnished a copy of the decision and the supporting findings.
2. This decision shall be final unless [further review is initiated as provided in this chapter,] an appeal to the board of review or a request for review or appeal to the board of review is filed, within 10 days after the decision has been mailed to each partys last-known address or otherwise delivered to him. Such 10-day period may be extended for good cause shown.
3 A request for review or appeal to the board of review shall be deemed to be filed on the date it is delivered to the employment security department, or, if it is mailed, on the post marked date appearing on the envelope in which it was mailed, if the postage was prepaid and the envelope was properly addressed to one of the offices of the employment security department.
4. The time provided for in this section shall be computed in the manner provided in NRS 612.495.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 904κ
Assembly Bill No. 456Messrs. Pozzi and Waters
CHAPTER 502
AN ACT authorizing the board of trustees of the city of Carson City, Nevada, to acquire a sewer system and issue the general obligation bonds of the city of Carson City, Nevada, in an amount not exceeding $336,000 to defray in part the cost of such acquisition; determining the conditions under which such bonds may be issued; prescribing details in connection therewith; and by providing other matters properly relating thereto.
[Approved April 7, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of trustees of the city of Carson City, in the county of Ormsby and State of Nevada, in addition to the powers elsewhere conferred upon such board, is hereby authorized and empowered to establish, construct, otherwise acquire, reconstruct, improve and extend or better a sewer system to consist of a sewage collection system and a sewage disposal plant, and to defray in part the cost thereof by the issuance of the general obligation bonds of the city of Carson City in an amount not exceeding $336,000.
Sec. 2. The board of trustees may, but it is not required to, submit the question of issuing such general obligation bonds to the electors qualified to vote thereon, at a special, primary or general election, held in accordance with NRS 350.010 to 350.070, 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 board of trustees may thereafter proceed to issue the bonds in accordance with the provisions of this act. If a majority of either the white ballots or the colored 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, but in the event the board elects to submit the question of issuing the bonds to the electors, and in the event the electors fail to approve the issuance thereof, the authority otherwise conferred by this act on the board to issue bonds without the approval of the electors shall terminate.
Sec. 3. The bonds shall be authorized by ordinance. They shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals over such period of time not exceeding 30 years as may be determined by the board, and shall bear interest at a rate or rates not exceeding 5 percent per annum, the interest on each bond to be payable annually, semiannually or at other designated intervals. The bonds shall be payable in lawful money of the United States at such place or places within or without the State of Nevada as may be provided by the board, and the bonds shall have interest coupons attached in such manner that they can be removed upon the payment of installments of interest without injury to the bond.
κ1959 Statutes of Nevada, Page 905 (CHAPTER 502, AB 456)κ
ments of interest without injury to the bond. Each coupon shall be consecutively numbered, and shall bear the number of the bond to which it is attached. The coupons and bonds shall be signed by the mayor of the city of Carson City and attested by the city clerk of the city of Carson City and authenticated by the official seal of the city. The interest coupons shall bear the facsimile signatures of the officers executing the bonds. The board of trustees may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds. The bonds shall 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.
Sec. 4. The board is hereby authorized to sell such bonds at one time, or from time to time, at public sale, as the board may determine, in accordance with NRS 350.120 to 350.160, inclusive, and for not less than the principal amount thereof and accrued interest to the date of delivery, provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided, that the board may employ legal, fiscal, engineering and other expert services in connection with the acquisition, reconstruction, improvement and extension 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 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 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 city, and without regard to any statutory limitations now or hereafter existing. It shall be the duty of the board, and of any other body charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as 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 of the constitution of the State of Nevada.
Sec. 6. The board of trustees of the city of Carson City is hereby further authorized and empowered to establish, maintain and enforce a schedule of charges for the use of the sewer system, and to pledge the net revenues derived from the operation of the sewer system as security for the payment of the bonds authorized to be issued in accordance with the provisions of this act, in addition to the security provided by the taxes authorized to be levied under section 5 hereof.
κ1959 Statutes of Nevada, Page 906 (CHAPTER 502, AB 456)κ
further authorized and empowered to establish, maintain and enforce a schedule of charges for the use of the sewer system, and to pledge the net revenues derived from the operation of the sewer system as security for the payment of the bonds authorized to be issued in accordance with the provisions of this act, in addition to the security provided by the taxes authorized to be levied under section 5 hereof.
Sec. 7. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance. 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 board of trustees.
Sec. 8. 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. 9. 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. 10. 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. 11. 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 its purpose.
Sec. 12. 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. 13. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 907κ
Assembly Bill No. 454Messrs. Pozzi and Waters
CHAPTER 503
AN ACT appropriating $135,000 for participation of the state in construction of a new sewage disposal plant for the city of Carson City; providing for the distribution of operation and maintenance costs; providing a procedure for the determination of the costs to be borne by the state; and providing other matters properly relating thereto.
[Approved April 7, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby appropriated from the general fund in the state treasury to the city of Carson City, Nevada, the sum of $135,000.
2. The moneys hereby appropriated shall be paid as other claims against the state are paid, to the city of Carson City upon proof, supplied by such city and satisfactory to the attorney general, that such city has:
(a) Issued and sold such general obligation bonds as may be necessary pursuant to that certain act of the 49th session of the legislature of the State of Nevada, entitled An Act authorizing the board of trustees of the city of Carson City, Nevada, to acquire a sewer system and issue the general obligation bonds of the city of Carson City, Nevada, in an amount not exceeding $336,000 to defray in part the cost of such acquisition; determining the conditions under which such bonds may be issued; prescribing details in connection therewith; and by providing other matters properly relating thereto.
(b) Obtained a grant of federal funds for sewage disposal construction under the Federal Water Pollution Control Act, as amended by the Water Pollution Control Act Amendments of 1956, Title 33 U.S.C., §§ 466 to 466k, inclusive.
(c) Entered into an appropriate contract with the State of Nevada providing that no connection charge shall ever be made for the connection of plumbing fixture units in the Nevada state prison or in any state-owned building in such city to the sewer system of such city.
Sec. 2. 1. Upon completion of a new sewage disposal plant in the city of Carson City, the superintendent of buildings and grounds shall enter into a contract with the board of trustees of the city of Carson City to pay annually the proportionate share of the state in the operation and maintenance of the sewage system of such city.
2. The state department of health shall determine annually, upon the basis that the number of plumbing fixture units in the Nevada state prison and in state-owned buildings in the city of Carson City bears to the total number of plumbing fixture units connected to such sewer system, the proportionate share to be paid by the state for the operation and maintenance of the sewage system of the city of Carson City.
3. The superintendent of buildings and grounds shall include in his annual budget request the amount determined as provided in subsection 2 of this section, and shall pay such amount annually to the city of Carson City.
κ1959 Statutes of Nevada, Page 908 (CHAPTER 503, AB 454)κ
his annual budget request the amount determined as provided in subsection 2 of this section, and shall pay such amount annually to the city of Carson City.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 455Messrs. Pozzi and Waters
CHAPTER 504
AN ACT authorizing and directing the governor, on behalf of the State of Nevada, to convey to the city of Carson City, Nevada, without consideration, certain real property owned by the State of Nevada; prescribing certain conditions precedent to such conveyance; and prescribing other matters properly relating thereto.
[Approved April 7, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Upon proof of compliance with the conditions set forth in section 2 of this act, the governor is directed to convey, on behalf of the State of Nevada, to the city of Carson City, Nevada, in fee simple, but subject to the condition set forth in section 2 of this act, without consideration, that property situated in the county of Ormsby, State of Nevada, and more particularly described as follows:
Portions of the S 1/2 NW 1/4 and N 1/2 SW 1/4, Section 15, T 15N R 20 E, MDB&M, Ormsby County, Nevada, containing 127.7 acres, more or less, and more specifically described as follows:
Beginning at the NW corner of the SW 1/4 NW 1/4 Section 15, T 15 N R20E, MDB&M, from which the bronze cap monument marking the quarter corner common to Sections 15 and 16 bears S 0°13′E 1326.00 feet, being Corner No. 1; thence S 89°37′ E along the sixteenth section line 2578.37 feet, more or less, to a point on the north line of the SE 1/4 NW 1/4 Section 15 from which the NE corner of said SE 1/4 NW 1/4 Section 15 bears S 89°37′E 80.00 feet, being Corner No. 2; thence S 0°10′W along the westerly right-of-way line of county road 385 feet, more or less, to a point of curvature, being Corner No. 3; thence curving to the right from an initial tangent bearing S 0°10′W 473.74 feet along a circular curve of 1106 foot radius through a central angle of 24°32′30ʺ to a point of tangency of said county road right-of-way, being Corner No. 4; thence S 24°22′30ʺW along said right-of-way line 1762.16 feet, more or less, to Corner No. 5; thence N 89°37′W 1744.37 feet, more or less, to a point on the westerly line of Section 15, being Corner No. 6; thence N 0°13′W along the section line 2455.27 feet, more or less, to Corner No. 1, the point of beginning.
Subject to easement for existing prison sewer lines and disposal facilities.
Sec. 2. The conveyance referred to in section 1 of this act shall not be executed or delivered until the city of Carson City furnishes proof satisfactory to the governor and the attorney general that it has issued and sold such general obligation bonds as may be necessary pursuant to that certain act of the 49th session of the legislature of the State of Nevada, entitled An Act authorizing the board of trustees of the city of Carson City, Nevada, to acquire a sewer system and issue the general obligation bonds of the city of Carson City, Nevada, in an amount not exceeding $336,000 to defray in part the cost of such acquisition; determining the conditions under which such bonds may be issued; prescribing details in connection therewith; and by providing other matters properly relating thereto.
κ1959 Statutes of Nevada, Page 909 (CHAPTER 504, AB 455)κ
pursuant to that certain act of the 49th session of the legislature of the State of Nevada, entitled An Act authorizing the board of trustees of the city of Carson City, Nevada, to acquire a sewer system and issue the general obligation bonds of the city of Carson City, Nevada, in an amount not exceeding $336,000 to defray in part the cost of such acquisition; determining the conditions under which such bonds may be issued; prescribing details in connection therewith; and by providing other matters properly relating thereto. The instrument of conveyance shall be prepared or approved by the attorney general and shall contain a condition precedent providing that title to such real property shall not vest in the city of Carson City, Nevada, until the sewer system herein referred to has been acquired by the city of Carson City pursuant to the above referred to act of the 49th session of the legislature of the State of Nevada.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 258Committee on Aviation, Transportation and Highways
CHAPTER 505
AN ACT to amend chapter 482 of NRS, relating to licensing and registration of motor vehicles and trailers, and NRS sections 482.160, 482.180, 482.200, 482.215, 482.225, 482.260, 482.280, 482.320, 482.370, 482.375, 482.400, 482.410, 482.415 and 482.480, relating to the motor vehicle fund, motor vehicle license plates, applications for registration, collection of use taxes and personal property taxes on motor vehicles, renewals and transfers of registration and to fees, by providing for agents of the department of motor vehicles, for disposition of moneys in the motor vehicle fund, for applications for original, renewal and transfer registration, for collection of personal property taxes by the department of motor vehicles as agent for the counties, for the rate of such tax, for exemptions applied to such tax, for the notice to the department of motor vehicles of change of address, for renewal registration by mail, for some original registrations by mail, for transfer of existing registrations to newly acquired vehicles, for a transfer registration fee and for tax information to the county assessors from the department of motor vehicles; to repeal NRS sections 482.150, 482.190 and 482.360, relating to county assessors as ex officio officers of the department of motor vehicles, remittances by county assessors to the department of motor vehicles and registration of vehicles used by franchised new vehicle dealers; and providing other matters properly relating thereto.
[Approved April 7, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.160 is hereby amended to read as follows:
482.160 1. The commissioner [is authorized to] may adopt and enforce such administrative rules and regulations [and to designate such agencies] as may be necessary to carry out the provisions of this chapter.
2. The commissioner may establish branch offices as provided in NRS 481.055, and may by contract appoint any person or public agency as an agent to assist in carrying out the duties of the department under this chapter. The commissioner shall designate the county assessor of each county with a population of less than 25,000, as determined by the last preceding national census compiled by the Bureau of the Census of the Department of Commerce of the United States, as agent to assist in carrying out the duties of the department in such county.
κ1959 Statutes of Nevada, Page 910 (CHAPTER 505, SB 258)κ
assessor of each county with a population of less than 25,000, as determined by the last preceding national census compiled by the Bureau of the Census of the Department of Commerce of the United States, as agent to assist in carrying out the duties of the department in such county.
3. The contract with each agent appointed by the department in connection with the registration of motor vehicles and issuance of license plates shall provide for compensation based upon the reasonable value of the services of such agent but shall not exceed $1 for each registration.
Sec. 2. NRS 482.180 is hereby amended to read as follows:
482.180 1. There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.
2. Funds for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense which may be properly charged against the department, including the salaries of the clerks employed in the department. All claims for such expenses and salaries shall be certified to the state board of examiners and paid as other claims against the state are paid.
3. [In addition to the foregoing, the department will, at the end of the year, certify claims to the state board of examiners in favor of each county of this state to the amount of $1 for each registration issued in that county. The amount shall be placed in the county general road fund by the county treasurer. The county assessor shall certify to the board of county commissioners the total amount of money expended by his office in the issuance of registrations during the past year and the board of county commissioners shall transfer from the county general road fund to the county general fund a sum equal to such expenditures.] The department shall certify monthly to the state board of examiners the amount of personal property taxes collected for each county by the department during the preceding month, and such funds shall be paid monthly to each county in the same manner as other claims against the state are paid. Each county shall apportion such funds as other receipts of personal property taxes are apportioned, but the county shall not be entitled to reserve 6 percent of such funds as provided in NRS 361.530 as commission for collecting personal property taxes.
4. When the foregoing requirements have been met, the state controller shall transfer at the end of each quarter year to the state highway fund any balance in the motor vehicle fund.
Sec. 3. NRS 482.200 is hereby amended to read as follows:
482.200 [1. After June 30 of each year, county assessors shall return all unused and unsold motor vehicle license plates to the department. The legislative auditor shall then cause a count and check of such returned license plates and the number thereof shall be credited to the county assessors returning them.
κ1959 Statutes of Nevada, Page 911 (CHAPTER 505, SB 258)κ
2. When the provisions of subsection 1 have been complied with, all] All unused, unsold and confiscated motor vehicle license plates of the previous years issue shall be destroyed or disposed of by the department.
Sec. 4. NRS 482.215 is hereby amended to read as follows:
482.215 1. [Application for the registration of a vehicle required to be registered under this chapter shall be made in the office of the department located in the county within the State of Nevada in which the owner shall be a resident.] All applications for registration, except applications for renewal registration and transfer of registration, shall be made as provided in this section.
2. Except as provided in subsection 3, applications for registration of motor vehicles which are to be registered for the first time in the State of Nevada shall be made in person to the office or agent of the department in the county in which the applicant resides.
3. The department may establish by regulation a procedure by which a purchaser of a new or used motor vehicle may apply for registration or transfer of registration through the dealer from whom such motor vehicle is purchased, and may provide for the issuance of a temporary registration certificate and license plate pending approval of such application and mailing of a permanent certificate and license plate by the department. Any such procedure adopted shall include collection of the personal property tax, if any, on such motor vehicle for the county in which the purchaser resides.
4. Each [An] application shall be made upon the appropriate form furnished by the department and shall contain:
(a) The signature of the owner.
(b) His residence address.
(c) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating such vehicle.
[3.] 5. The application shall contain such other information as may be required by the department.
Sec. 5. NRS 482.225 is hereby amended to read as follows:
482.225 1. Whenever application shall be made to the department for registration of a vehicle purchased outside the state and not previously registered within this state, the [county assessor, as a deputy of the] department [,] shall make a determination of the liability for use tax on such vehicle, and, if the registrant or owner of the vehicle is found to be liable for such use tax, collect such tax and remit the same to the Nevada tax commission.
2. If the registrant or owner of the vehicle was a resident of the state, or employed within the state, at the time of the purchase of such vehicle, it shall be presumed that such vehicle was purchased for use within the state, and the [county assessor, as a deputy of the] department [,] shall collect such tax and remit the same to the Nevada tax commission.
κ1959 Statutes of Nevada, Page 912 (CHAPTER 505, SB 258)κ
3. Upon the failure or refusal by the registrant or owner to pay such tax, the [county assessor, as a deputy of the] department [,] shall refuse to register the vehicle.
4. If the taxpayer can controvert such presumption of purchase for use in this state, he must pay the tax to the [county assessor, as a deputy of the] department, and must substantiate his claim for exemption by a statement in writing, signed by the registrant or owner, or his authorized representative, and forward such statement to the Nevada tax commission with his claim for refund of tax erroneously or illegally collected.
5. If the Nevada tax commission finds that the tax has been erroneously or illegally collected, such tax shall be refunded as provided in NRS 372.630 to 372.720, inclusive.
Sec. 6. NRS 482.260 is hereby amended to read as follows:
482.260 1. The department in registering a vehicle [, and upon the payment of the annual license fee as provided for in this chapter together with the payment of the personal property tax thereon (if such vehicle is subject to taxation in the State of Nevada), basing the assessed value of the vehicle upon the schedule of values for assessment purposes fixed by the Nevada tax commission for that year,] shall :
(a) Collect the annual license fee as provided for in this chapter.
(b) Collect, as agent for the county in which the applicant resides, the personal property tax on the vehicle, whether or not the applicant is the owner of any real property.
(c) Issue [issue] to the applicant a temporary certificate of registration valid 15 days only and not renewable, or a certificate of registration, together with the regular license plate.
2. [If the applicant is the owner of real estate and improvements in the county in which the application is made, which real estate and improvements are sufficient in the judgment of the county assessor to secure the payment of the entire tax on both such real estate, improvements and vehicle should a lien attach thereto by reason of such taxes becoming delinquent, payment of personal property tax may be deferred if the vehicle so owned is placed forthwith on the real property roll.] The amount of the personal property tax collected at the time of registration shall be 4 percent of the assessed value of the vehicle based upon the schedule of values for assessment purposes fixed by the Nevada tax commission for that year.
3. Upon the approval of the application by the commissioner, he shall cause to be issued a certificate of ownership as provided in this chapter.
4. Any law of the State of Nevada to the contrary notwithstanding, a new or used motor vehicle being registered for the first time shall be taxed pro rata on a monthly basis upon the amount of time remaining in the year.
Sec. 7. NRS 482.280 is hereby amended to read as follows:
482.280 1. Every vehicle registration under this chapter shall expire at midnight on June 30 each year. [and shall be renewed annually upon application by the registered owner by presentation of the certificate of registration for the current fiscal year and by the payment of the same fees together with the personal property tax as provided for original registration.]
κ1959 Statutes of Nevada, Page 913 (CHAPTER 505, SB 258)κ
provided for original registration.] The department shall mail annually to each holder of a valid registration certificate an application form for renewal registration for the following year. Such forms shall be mailed by the department in sufficient time to allow applicants to return the applications and receive new registration certificates and license plates by mail prior to expiration of subsisting registrations.
2. The department shall insert in each application form mailed as required by subsection 1 of this section the amount of personal property tax to be collected for the county under the provisions of NRS 482.260.
3. Such renewal shall take effect on July 1 of each year. The certificate of registration issued under this chapter shall be valid during the registration year only for which it was issued, and the certificate of ownership shall remain valid until canceled by the department upon a transfer of any interest shown therein and need not be renewed annually. Upon annual renewal, whenever the legal owner of a vehicle is other than the registered owner, the department shall notify such legal owner by mail of the registration number assigned to such vehicle for the ensuing year.
[2.] 4. An owner who has made proper application for renewal of registration previous to July 1 but who has not received the number plate or registration card for the ensuing year shall be entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plate issued for the preceding year for such time as may be prescribed by the department as it may find necessary for issuance of such new plate or registration card.
[3.] 5. Registration of a motor vehicle for a half year may be permitted if the applicant files with the department an affidavit showing that the motor vehicle has not in fact been operated on the highways in this state prior to January 1.
[4.] 6. No fee shall be required for the month of June for a new car delivered in good faith during that month, and the department shall provide such new car with a temporary registration placard of a size which shall be plainly visible for a distance of 100 feet during daylight, such placard to be valid only during the month of June.
Sec. 8. NRS 482.320 is hereby amended to read as follows:
482.320 1. A manufacturer of or a dealer in vehicles in this state, owning or controlling any such new or used vehicles and operating them upon the public highways exclusively for the purpose of testing, demonstrating, offering for sale, or selling the same, in lieu of registering each such vehicle, shall, prior to testing, demonstrating, or offering to sell the same, make application upon an official blank provided for that purpose to the department for a dealers license and license plate or plates.
2. [Except as provided in NRS 482.360, vehicles] Vehicles ordinarily used by the dealer or manufacturer in the conduct of his business as work, personal transportation, or service vehicles must be registered as any other like vehicle as provided in NRS 482.205 to 482.215, inclusive.
3. No such manufacturer or dealer or any officer, employee or servant thereof, or any person within the third degree of consanguinity or affinity or any such officer, or manufacturer or dealer, if the same are natural persons, shall be granted any registration certificate or issued any license plates under the provisions of this chapter when such certificate and license plates are to be attached to and used in the convoying of any motor vehicle in, into, through, or out of this state in motor convoy carrier service as now or as may hereafter be defined in the laws of this state.
κ1959 Statutes of Nevada, Page 914 (CHAPTER 505, SB 258)κ
or affinity or any such officer, or manufacturer or dealer, if the same are natural persons, shall be granted any registration certificate or issued any license plates under the provisions of this chapter when such certificate and license plates are to be attached to and used in the convoying of any motor vehicle in, into, through, or out of this state in motor convoy carrier service as now or as may hereafter be defined in the laws of this state. Any such person at the time of applying for registration certificates and license plates pursuant to the provisions of this chapter shall make and file with the department an affidavit to the effect that no motor vehicle or vehicles for which the registration license is applied for will be used in such convoying or convoyed without complying with the laws of the state relating to motor convoy carriers.
Sec. 9. NRS 482.370 is hereby amended to read as follows:
482.370 1. The department shall furnish to [the county assessor in the applicable county wherein resides a] each United States Senator [or] and Representative a special license plate or plates showing on the face thereof, U.S.S. 1, in the case of the senior Senator, U.S.S. 2, in the case of the junior Senator, and M.C. 1, in the case of the representative.
2. The [county assessor] department shall issue the licenses described to the United States Senators and Representative on the payment of the license fees as authorized by law.
Sec. 10. NRS 482.375 is hereby amended to read as follows:
482.375 1. An owner of a motor vehicle who is a resident of the State of Nevada and who holds an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application accompanied by proof of ownership of such amateur radio station license, complying with the state motor vehicle laws relating to registration and licensing of motor vehicles, and upon the payment of the regular license fee for plates as prescribed by law, and the payment of an additional fee of $3, shall be issued a license plate, as prescribed by law for private passenger cars, upon which in lieu of the numbers as prescribed by law shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communications Commission.
2. The department shall make such rules and regulations as are necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger car before issuing such plates in lieu of the regular Nevada license plate, and all applications for such plates shall be made to the department.
[3. The department shall furnish to the county assessor of each county an alphabetically arranged list of the names, addresses and license plate letters of each person to whom a license plate is issued under the provisions of this section, and the county assessors shall maintain and keep current such lists for public information and inquiry.]
Sec. 11. NRS 482.400 is hereby amended to read as follows:
482.400 1. Upon a transfer of the title or interest of a legal owner or owner in or to a vehicle registered under the provisions of this chapter the person or persons whose title or interest is to be transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for such vehicle, together with the address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.
κ1959 Statutes of Nevada, Page 915 (CHAPTER 505, SB 258)κ
transferred and the transferee shall write their signatures with pen and ink upon the certificate of ownership issued for such vehicle, together with the address of the transferee, in the appropriate spaces provided upon the reverse side of the certificate.
2. [Within 10 days] Immediately thereafter the transferee shall forward [both] the certificate of ownership so endorsed, [and] the certificate of registration, an application for registration, the personal property tax on such vehicle and the registration fee to the department. [, which shall file the same upon receipt thereof.]
3. Nothing in this section may be construed to require any dealer to register, pay a transfer or registration fee for, or pay a personal property tax on any vehicle of which such dealer takes possession and which he holds for sale in the ordinary course of his business.
Sec. 12. NRS 482.410 is hereby amended to read as follows:
482.410 Upon receipt of the certificate of ownership properly endorsed, [and] the certificate of registration of the vehicle, the application, the personal property tax and the registration fee the department shall register such vehicle as provided in this chapter with reference to an original registration, and shall issue to the owner and legal owner entitled thereto, by reason of such transfer, a new certificate or registration, a new license plate, and a new certificate of ownership, respectively, in the manner and form provided in this chapter for original registration.
Sec. 13. NRS 482.415 is hereby amended to read as follows:
482.415 Whenever application shall be made to the department for [the transfer of] registration [to a new owner] of a vehicle previously registered under this chapter and the applicant is unable to present the certificate of registration or ownership previously issued for such vehicle by reason of the same being lost or unlawfully detained by one in possession or the same is otherwise not available, the department is authorized to receive such application and to examine into the circumstances of the case and may require the filing of affidavits or other information. When the department is satisfied that the applicant is entitled thereto, it [is authorized to transfer the registration of] may register such vehicle and issue new certificates of ownership and registration and a new license plate to the person or persons found to be entitled thereto.
Sec. 14. NRS 482.480 is hereby amended to read as follows:
482.480 There shall be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a flat registration fee of $5.50.
2. For every motorcycle, the sum of $3.50.
3. For every truck or trailer having an unladened weight of 3,500 pounds or less, as shown by a public weighmasters certificate, a flat registration fee of $5.50.
4. For every trailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50.
5. For every truck, trailer, except trailers designed or equipped for living purposes, truck-tractor and semitrailer, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate.
κ1959 Statutes of Nevada, Page 916 (CHAPTER 505, SB 258)κ
for living purposes, truck-tractor and semitrailer, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property.
6. For every trailer designed for the installation of or equipped with household appliances used therein for living purposes, the registration fee shall be $5.50 in addition to the assessed personal property tax on such trailer.
7. Except as provided in subsection 8, for each transfer of registration the fee shall be $2.
8. The fee for transfer of a registration to any motor vehicle enumerated in subsection 5 shall be $2 plus the excess, if any, of the fee which would have been payable for an original registration of such vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
Sec. 15. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 16 to 19, inclusive, of this act.
Sec. 16. Any applicant for registration who wishes to apply any property tax exemption to which he is entitled to the personal property tax on the motor vehicle for which the application is filed shall support his claim of exemption by evidence satisfactory to the department. The department, if satisfied by such evidence, shall allow such exemption to the extent of all or part of the property tax due on such motor vehicle.
Sec. 17. The department shall furnish monthly to each county assessor an alphabetical list of all registrations made for applicants from the county of such county assessor together with the amount of personal property tax, if any, collected for each motor vehicle and the amount of exemption, if any, from such tax allowed.
Sec. 18. Each holder of a valid registration, upon changing his place of residence, shall notify the department of such change within 10 days thereof and shall include in such notice both the old and new post office addresses.
Sec. 19. 1. Upon the transfer of the ownership of or interest in any motor vehicle by any holder of a valid registration, or upon destruction of the motor vehicle, the registration shall expire.
2. The holder of such registration may transfer the registration to another vehicle and use the same license plate thereon, if the license plate is appropriate for the second motor vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the personal property tax on the second motor vehicle over the personal property tax on the first motor vehicle.
3. If the license plate is not appropriate for the second motor vehicle, the department shall issue a new license plate.
Sec. 20. NRS 482.150, 482.190 and 482.360 are hereby repealed.
Sec. 21. This act shall become effective January 1, 1960.
________
κ1959 Statutes of Nevada, Page 917κ
Senate Bill No. 302Committee on Aviation, Transportation and Highways
CHAPTER 506
AN ACT to amend NRS section 482.180, relating to the motor vehicle fund, creation thereof, deposits therein and transfers therefrom, by providing that the balance remaining in such fund after payment of claims shall be transferred monthly to the state highway fund by the state controller.
[Approved April 7, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.180 is hereby amended to read as follows:
482.180 1. There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.
2. Funds for the administration of the provisions of this chapter shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense which may be properly charged against the department, including the salaries of the clerks employed in the department. All claims for such expenses and salaries shall be certified to the state board of examiners and paid as other claims against the state are paid.
3. The department shall certify monthly to the state board of examiners the amount of personal property taxes collected for each county by the department during the preceding month, and such funds shall be paid monthly to each county in the same manner as other claims against the state are paid. Each county shall apportion such funds as other receipts of personal property taxes are apportioned, but the county shall not be entitled to reserve 6 percent of such funds as provided in NRS 361.530 as commission for collecting personal property taxes.
4. When the foregoing requirements have been met, the state controller shall transfer [at the end of each quarter year] monthly to the state highway fund any balance in the motor vehicle fund.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 918κ
Assembly Bill No. 247Messrs. Fitz, Pasquale and Buckingham
CHAPTER 507
AN ACT to amend chapter 482 of NRS, relating to the licensing and registration of motor vehicles and trailers, by creating a new provision prescribing a penalty for failure to secure registration of residence trailers; to amend NRS sections 482.397 and 482.480, relating to the registration of residence trailers and registration fees, by providing that number plates shall be issued for residence trailers not used on the highways and providing a registration fee and transfer fee for such trailers and other vehicles; to amend NRS section 482.555, relating to misdemeanors for violation of vehicle licensing and registration law, by providing that a violation of such law not constituting a gross misdemeanor or a felony shall constitute a misdemeanor notwithstanding any other penalties provided; providing penalties; and providing other matters properly relating thereto.
[Approved April 7, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever the owner of a trailer designed for the installation of or equipped with household appliances used therein for living purposes fails to secure registration as required by NRS 482.480 within 30 days after such registration becomes delinquent, a penalty of $3 shall be added thereto. If delinquency continues, a penalty of $3 for each 30 days thereafter shall be added.
Sec. 2. NRS 482.397 is hereby amended to read as follows:
482.397 1. The owner of a trailer not used upon the highways of the state, but used as a residence or dwelling by any person, shall annually, on or before July 1, apply to the department for a trailer registration [sticker.] certificate and number plate.
2. The department shall issue a trailer registration [sticker,] certificate and number plate, and charge and collect a fee therefor in the sum of $1, upon proof that all personal property taxes levied against such trailer and its contents have been paid.
3. The [sticker] number plate issued shall be attached to the outside of the trailer in a conspicuous place by the owner.
4. All fees collected pursuant to the provisions of this section shall be deposited in the state highway fund.
5. Every person who violates any of the provisions of this section shall be guilty of a misdemeanor.
Sec. 3. NRS 482.480 is hereby amended to read as follows:
482.480 There shall be paid to the department for the registration or transfer of registration of motor vehicles, trailers and semitrailers, fees according to the following schedule:
1. For each stock passenger car and each reconstructed or specially constructed passenger car, regardless of weight or number of passenger capacity, a flat registration fee of $5.50.
2. For every motorcycle, the sum of $3.50
3. For every truck or trailer having an unladened weight of 3,500 pounds or less, as shown by a public weighmasters certificate, a flat registration fee of $5.50.
κ1959 Statutes of Nevada, Page 919 (CHAPTER 507, AB 247)κ
4. For every trailer having an unladened weight of 1,000 pounds or less, a flat registration fee of $2.50.
5. For every truck, trailer, except trailers designed or equipped for living purposes, truck-tractor and semitrailer, 50 cents per 100 pounds, or major fraction thereof, of unladened weight as shown by a public weighmasters certificate. At the time of weighing, each vehicle shall have in place each and every accessory and appliance belonging to and used on such vehicle in the transportation of property.
6. For every trailer designed for the installation of or equipped with household appliances used therein for living purposes, the registration fee shall be $5.50 in addition to the assessed personal property tax on such trailer.
7. Except as provided in subsection 8, for each transfer of registration the fee shall be $2.
8. The fee for transfer of a registration to any motor vehicle enumerated in subsection 5 shall be $2 plus the excess, if any, of the fee which would have been payable for an original registration of such vehicle over the fee paid for registration of the vehicle from which the registration is transferred.
9. Despite the provisions of subsections 6 and 7, for every trailer designed for the installation of or equipped with household appliances used therein for living purposes and not used on the highways of the state, the registration fee shall be $1 in addition to the assessed personal property tax on such trailer, and the fee for transfer of a registration shall be $1.
Sec. 3.5. NRS 482.555 is hereby amended to read as follows:
482.555 1. [It] In addition to any other penalty provided by this chapter, it shall be unlawful and constitute a misdemeanor for any person to violate any of the provisions of this chapter unless such violation is by this chapter or other law of the state declared to be a gross misdemeanor or a felony.
2. [Unless another penalty is in this chapter or by the laws of this state provided, every] Every person convicted of a misdemeanor, as provided by subsection 1, for the violation of any provision of this chapter shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1959 Statutes of Nevada, Page 920κ
Assembly Bill No. 348Mr. Gibson
CHAPTER 508
AN ACT to amend NRS sections 612.460, 612.475 and 612.550, relating to determinations of benefit status of an unemployed individual, notices to employers and employers future contribution rates based on benefit experience, by providing for the notification to base period employers of claims by employees; by requiring notified base period employers to submit certain facts to the employment security department under certain conditions; by providing for rulings and appeals; by providing when benefits shall not be charged to the experience rating records of employers under certain circumstances; and by providing other matters properly relating thereto.
[Approved April 7, 1959]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.460 is hereby amended to read as follows:
612.460 1. An unemployed individual may file a request for a determination of his benefit status in accordance with regulations prescribed by the executive director. Upon such request, the executive director shall furnish the individual with a written determination. If it is determined that the claimant is an insured worker, the determination will include a statement as to the amount of wages for insured work paid to him by each employer in his base period, and the employers by whom such wages were paid. It shall include also his benefit year, his weekly benefit amount, the amount by which his weekly benefit amount can be augmented if he has dependents, and the maximum amount of benefits that may be paid to him for his unemployment during such benefit year. All base period employers of a claimant shall be notified promptly when a claimant files a request for determination of his benefit status which results in a determination that the claimant is an insured worker.
2. If it is determined that the individual is not an insured worker, the determination will include a statement as to the reason therefor, and shall also include the amount of wages paid to him by each employer during his base period, and the employers by whom such wages were paid.
Sec. 2. NRS 612.475 is hereby amended to read as follows:
612.475 1. The most recent employing unit of any unemployed claimant shall be notified of the first claim filed by the unemployed claimant following his separation.
2. The notice of claim filing shall contain the claimants name and social security account number and may contain the reason for separation as given by the claimant, the date of separation, and such other information as is deemed proper.
3. Upon receipt of a notice of claim filing the employing unit by whom the claimant was last employed shall within 10 days of the date of mailing of the notice of claim filing submit to the employment security department any facts which may affect the individuals rights to benefits.
4. Any employing unit that receives such a notice of claim filing shall be permitted to protest payment of benefits to the unemployed claimant, provided such protest is filed within 10 days of the notice of claim filing.
κ1959 Statutes of Nevada, Page 921 (CHAPTER 508, AB 348)κ
shall be permitted to protest payment of benefits to the unemployed claimant, provided such protest is filed within 10 days of the notice of claim filing.
5. Any employing unit which has filed a protest in accordance with the provisions of this section shall be notified in writing of the determination arrived at by the executive director or his deputy and such notice shall contain a statement setting forth the right of appeal.
6. Any base period employer who is notified under the provisions of NRS 612.460 that a claimant is an insured worker, and any employing unit which receives a notice of claim filing under the provisions of this section, shall within 10 days of the mailing of such notice, or, if both notices are mailed to any employing unit, within 10 days of the date of mailing of the earlier of such notices, submit to the employment security department any facts disclosing whether the claimant separated from his employment voluntarily and without good cause or was discharged from such employment for misconduct in connection with such employment. The employment security department shall consider such facts together with any information in its possession and promptly issue its ruling to the employer as to the cause of the termination of the employment of the claimant. Appeals may be taken from such rulings in the manner provided for appeals taken from determinations on benefit claims.
7. No ruling given a base period employer under the provisions of this section may constitute a basis for the disqualification of any claimant, but a determination by the employment security department under the provisions of this section may constitute a ruling.
Sec. 3. NRS 612.550 is hereby amended to read as follows:
612.550 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.
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.
κ1959 Statutes of Nevada, Page 922 (CHAPTER 508, AB 348)κ
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 [.] ; and
(c) That if a ruling is issued to a base period employer under the provisions of NRS 612.475 that a claimant left his employment with such employer, voluntarily and without good cause, or was discharged because of misconduct in connection with such employment, benefits paid to the claimant subsequent to such termination of employment due to voluntary leaving or discharge, which are based upon wages paid by such employer in the claimants base period prior to the date of such termination, and which would otherwise be charged to the experience rating record of such employer, as provided in this section, shall not be charged unless such employer failed to comply with the provisions of NRS 612.475.
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 eligible 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.
κ1959 Statutes of Nevada, Page 923 (CHAPTER 508, AB 348)κ
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:
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.] The executive director, for the calendar year 1960 and for each calendar year thereafter, shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for such calendar year, for each employer whose account is in active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of such year.
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. 4. This act shall become effective on July 1, 1959.
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