[Rev. 2/28/2019 2:21:53 PM]
κ1960 Statutes of Nevada, Page 325κ
Assembly Bill No. 250Committee on Public Health and Public Morals
CHAPTER 172
AN ACT to amend NRS sections 635.050, 635.080 and 635.110, relating to chiropody examinations, registration and fees, by increasing fees; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 635.050 is hereby amended to read as follows:
635.050 1. Any person desiring to practice chiropody in this state shall furnish the board with satisfactory proof that he:
(a) Is 21 years of age or over.
(b) Is of good moral character.
(c) Is a citizen of the United States.
(d) Has received at least 4 years of high school training or the equivalent thereof, as determined by the board.
(e) Has received a diploma or certificate of graduation from a reputable school of chiropody conferring the degree of C.S.C. (Doctor of Surgical Chiropody) recognized and approved by the board and having a minimum requirement for graduation of 4 scholastic years or 3 scholastic years and 1 year in an accredited college.
2. Upon the payment of a fee of [$35] $50 to the board, and making satisfactory proof as required by subsection 1, the applicant shall be examined by the board or a committee thereof under such rules and regulations as the board may determine.
Sec. 2. NRS 635.080 is hereby amended to read as follows:
635.080 The board, under its regulations, may admit, without examination and upon the payment of a fee of [$100,] $150, a legally qualified practitioner of chiropody who holds a certificate to practice chiropody from any state or territory of the United States or the District of Columbia with educational requirements equal to those of the State of Nevada and which extends like privileges to legally qualified practitioners from this state.
Sec. 3. NRS 635.110 is hereby amended to read as follows:
635.110 1. On or before October 1 in each year, the board shall mail to each person licensed to practice chiropody in this state, at the last-known office or residence address of such person, a blank form of application for registration. The failure to mail such form of application or the failure to receive the same shall not, however, relieve any person of the duty to register and pay the fee required by this section nor exempt such person from the penalties provided by this chapter for failure to register.
2. Every person duly licensed to practice chiropody in this state shall annually on or before October 31 apply to the board for a certificate of registration for the ensuing year. The application shall be made on the form furnished by the board, and shall state:
(a) The applicants full name and his office and residence address.
κ1960 Statutes of Nevada, Page 326 (CHAPTER 172, AB 250)κ
(b) The date and number of the license of the applicant issued to him for the practice of chiropody in this state.
(c) Such other facts as shall tend to identify the applicant and his license to practice chiropody in this state as the board shall deem necessary.
3. Each applicant for registration under this section shall submit with his application a registration fee to be paid to the secretary-treasurer of the board for the year for which registration is sought. If the application is filed and the fee paid prior to November 1 at the beginning of the year for which registration is sought, the fee shall be [$5.] $10. If the application is filed and the fee paid after November 1, the amount of the fee shall be [$5] $10 plus an additional [$1] $2 for each month or part of a month from November 1 of such year to the date when the application is filed and the fee paid.
4. Upon due application therefor and upon submission by such person of evidence satisfactory to the board that the person is licensed to practice chiropody in this state, and upon the payment of the fees required to be paid by this chapter, the board shall issue to the applicant a certificate of registration under the seal of the board. The certificate shall recite that the person named therein is duly registered for the year specified. The certificate shall contain the name of the person to whom it is issued and the office address and residence address of such person, the date and number of the license issued to such person to practice chiropody, and such other information as the board shall deem advisable.
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Assembly Bill No. 255Committee on Social Welfare
CHAPTER 173
AN ACT to amend Title 38 of NRS, relating to public welfare, by adding a new chapter establishing a program of public child welfare services; defining terms; providing for administration by the state welfare department and for financial support; and creating funds in the state treasury; to amend chapter 62 of NRS, relating to juvenile courts, by authorizing such courts to utilize public child welfare services; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 10, inclusive, of this act.
Sec. 2. As used in this chapter:
1. Child means a person less than 18 years of age.
2. Department means the state welfare department.
3. Maintenance means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or money payments therefor.
κ1960 Statutes of Nevada, Page 327 (CHAPTER 173, AB 255)κ
4. Special services means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.
Sec. 3. The department is hereby authorized and empowered:
1. To provide maintenances and special services to:
(a) Unmarried mothers and children awaiting adoptive placement.
(b) Handicapped children who are receiving specialized care, training or education.
(c) Children who are placed by court order in the custody of the department, and who are placed in foster homes or group care facilities.
2. To accept moneys from and cooperate with the United States or any of its agencies in carrying out the provisions of this act and of any federal acts pertaining to public child welfare and youth services, including those related to the prevention and treatment of juvenile delinquency and other matters of mutual concern, insofar as such acceptance may be legally delegated by the legislature to the department.
Sec. 4. Nothing in this or any other law shall be construed as authorizing any employee of the department to provide maintenance and special services for any child or youth except:
1. Upon the request of a child or youth whom the department determines to be emancipated; or
2. Pursuant to court order or request; or
3. Upon referral of appropriate law enforcement officials for emergency care.
Sec. 5. 1. In the case of placement of a child under the provisions of paragraph (c) of subsection 1 of section 3 of this act, 100 percent of the nonfederal share of all expenses for special services, and 66 2/3 percent of the nonfederal share of all expenses for maintenance, shall be paid from moneys which may be provided to the department by direct legislative appropriation. Thirty-three and one-third percent of all expenses for maintenance shall be paid by the county from which the child was placed.
2. In the case of unmarried mothers, children awaiting adoptive placement and handicapped children who are receiving specialized care, training or education, 100 percent of the nonfederal share of expenses for maintenance and special services shall be paid from moneys which may be provided to the department by direct legislative appropriation.
Sec. 6. 1. Except as provided in subsection 2, all moneys appropriated by the legislature pursuant to the provisions of section 5 of this act shall be placed in the state treasury in a fund designated the foster care fund, out of which shall be paid the expenses incurred in providing maintenance and special services under the provisions of this chapter.
2. Moneys appropriated by the legislature pursuant to section 5 of this act for maintenance and special services for:
(a) Unmarried mothers and children awaiting adoptive placement; and
(b) Handicapped children who are receiving specialized care, training or education;
κ1960 Statutes of Nevada, Page 328 (CHAPTER 173, AB 255)κ
shall be placed in the state treasury in funds designated the child welfare services fund and the handicapped children fund, respectively, out of which shall be paid the expenses incurred in providing such maintenance and special services.
Sec. 7. 1. Each county which chooses to participate in the program of public child welfare services established by this chapter shall provide sufficient funds with which to pay all expenses incurred by such county under the provisions of subsection 1 of section 5 of this act. For that purpose the board of county commissioners of each county of this state and all the other officers in this state having anything to do with the assessment and collection of property taxes shall levy, assess and collect an ad valorem tax on all the taxable property in their respective counties at a sufficient tax rate to provide ample money with which to pay all expenses required to be paid by each county in complete compliance with the provisions of this chapter.
2. The proceeds of such tax so collected shall be placed in the indigent fund in the county treasury, out of which the county treasurer shall transmit to the state treasurer monthly or quarterly, at the time required by the rules and regulations of the department, the full amount necessary to pay 33 1/2 percent of the nonfederal share of payments for the expenses provided for in section 5 of this act, incurred by that county, and as certified to him by the county clerk of that county.
3. The state treasurer shall place the moneys received from the county treasurers in funds in the state treasury to the designated the foster care fund County, naming the particular county from which the particular money was transmitted to him, and shall keep the money so transmitted from each county in a separate account as funds of that particular county, to be used for the purposes of this chapter.
Sec. 8. 1. The director shall furnish to the state controller and the state treasurer a full, true and correct list of claimants in each county entitled to payment for the care and services provided for in this chapter, and of the amount to be paid to each of them from the several funds provided for in this chapter, certified to by him as being a full, true and correct list of such claimants in that county and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the director to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the particular fund payable to each claimant in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal, state and county funds to which each claimant is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall mail all warrants to the department, and the department shall mail such warrants to the claimants entitled thereto.
κ1960 Statutes of Nevada, Page 329 (CHAPTER 173, AB 255)κ
Sec. 9. All administrative expenses incurred by the department in carrying out the provisions of this chapter shall be paid out of funds which may be appropriated by the legislature from the general fund and out of such other moneys as may from time to time be made available to the department for the payment of administrative expenses. The money appropriated by the legislature shall be deposited in the state welfare fund of the state treasury, and disbursements shall be made upon claims filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed. All claims shall be approved by the director before they are paid.
Sec. 10. Chapter 62 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In carrying out the objects and purposes of this chapter, the juvenile court may utilize the services and facilities of the state welfare department provided by such department pursuant to the provisions of sections 2 to 10, inclusive, of this act.
Sec. 11. This act shall become effective upon passage and approval.
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Senate Bill No. 60Senator Echeverria
CHAPTER 174
AN ACT to amend NRS section 3.010, relating to the judicial districts of the State of Nevada and the number of district judges therein, by creating a fourth office of district judge in the second judicial district; providing the manner of filling vacancies which may occur and the payment of salaries of the persons appointed to fill such vacancies; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.010 is hereby amended to read as follows:
3.010 1. The state is hereby divided into eight judicial districts, as follows:
First judicial district. The counties of Ormsby, Douglas, Churchill, Storey and Lyon shall constitute the first judicial district.
Second judicial district. The county of Washoe shall constitute the second judicial district.
Third judicial district. The counties of Eureka and Lander shall constitute the third judicial district.
Fourth judicial district. The county of Elko shall constitute the fourth judicial district.
Fifth judicial district. The counties of Mineral, Esmeralda and Nye shall constitute the fifth judicial district.
Sixth judicial district. The counties of Pershing and Humboldt shall constitute the sixth judicial district.
κ1960 Statutes of Nevada, Page 330 (CHAPTER 174, SB 60)κ
Seventh judicial district. The counties of White Pine and Lincoln shall constitute the seventh judicial district.
Eighth judicial district. The county of Clark shall constitute the eighth judicial district.
2. For each of the judicial districts, except the first, second and eighth judicial districts, there shall be one judge elected. For the first judicial district there shall be two judges elected. For the second judicial district there shall be [three] four judges elected. For the eighth judicial district there shall be four judges elected.
3. Whenever a vacancy shall occur in the office of any district judge it shall be filled as provided by law.
Sec. 2. Until the 1st Monday in January 1963, the number of district judges in the judicial districts shall be and remain as heretofore provided by law unless here shall occur a vacancy in the office of district judge in the second judicial district as now provided by law, in which event the number of district judges of the second judicial district shall be four as of the date of such vacancy.
Sec. 3. If a vacancy in the office of district judge in the second judicial district is filled prior to the 1st Monday in January 1963, pursuant to the provisions of section 2, the person appointed shall receive the annual salary of a district judge as provided in NRS 3.030, and shall receive for his services during that period as ex officio circuit judge any annual salary which may be provided in NRS 3.040.
Sec. 4. This act shall become effective upon passage and approval.
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Senate Bill No. 27Senators Slattery, Duffy and Rand
CHAPTER 175
AN ACT to amend NRS section 463.320, relating to the disposition of state and county gaming license fees, by authorizing counties in which less than 1,000 voters voted at the last preceding general election to apportion and allocate all or a portion of certain moneys received from state gaming license fees to unincorporated cities and towns within the county; by establishing a procedure therefor; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370 to 463.390, inclusive, and all acts amendatory thereof or supplemental thereto shall be collected and disposed of as herein provided.
2. All state gaming license fees and penalties shall be collected by the commission and paid over immediately to the state treasurer to be disposed of as follows:
κ1960 Statutes of Nevada, Page 331 (CHAPTER 175, SB 27)κ
(a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 shall be deposited for credit to the general fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 collected after April 2, 1957, shall, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. [for deposit in the general funds of the counties.] In counties in which the total number of voters who voted at the last preceding general election was 1,000 or more, such fees shall be deposited by the county treasurer in the county general fund and shall be expended for county purposes.
In counties in which the total number of voters who voted at the last preceding general election was less than 1,000, such fees, except as otherwise provided herein, shall be deposited by the county treasurer in the county general fund and shall be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more unincorporated cities or towns within the county, the board of county commissioners shall, annually, prior to the preparation of the town budget or budgets as required by NRS 354.350, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such town or towns for the next fiscal year commencing July 1. After the adoption of the resolution the percentage so apportioned and allocated shall be converted to a dollar figure and included in town budget or budgets as an estimated receipt for the next fiscal year as required by subsection 5 of NRS 354.370. Quarterly upon receipt of the moneys from the state, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the town fund to be used for town purposes, and the balance remaining shall be deposited in the county general fund and shall be expended for county purposes. If any future action of the legislature results in an increase in the state gaming license fees provided for in NRS 463.380, then the provisions of this paragraph shall become inoperative and all such state gaming license fees shall be disposed of as provided in paragraph (a).
3. (a) County license fees shall be collected by the sheriff, and no license money paid to the sheriff shall be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.
(b) The sheriff in his county shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
(c) On or before the 5th day of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
κ1960 Statutes of Nevada, Page 332 (CHAPTER 175, SB 27)κ
issued or disposed of by him as is by law provided in respect to other county licenses.
(d) All moneys received for county gaming licenses under this chapter shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
(1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such remaining moneys, and the incorporated city or town shall receive 50 percent of such remaining moneys, which shall be paid into the general fund of such incorporated city or town.
(2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 29Committee on Judiciary
CHAPTER 176
AN ACT to amend NRS sections 407.070, 407.210 and 503.640, relating to powers and duties of the state park commission and to destruction of public property and protection of wildlife in certain areas, by authorizing the state park commission to permit the use of state parks for any lawful purpose and to acquire real and personal property under certain conditions; by providing for regulations by such commission; by allowing the state park commission to except state parks and recreation areas from those areas where wildlife may not be hunted; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 407.070 is hereby amended to read as follows:
407.070 1. That state park commission is authorized and directed:
(a) To have the charge, care and supervision of all parks that have heretofore been created under any law of this state or which may hereafter be created.
(b) To cooperate with the United States Government or any of its agencies in the maintenance and development of all parks that have heretofore been created under any law of this state or which may hereafter be created.
2. The state park commission is authorized to make and enforce all proper rules and regulations respecting any park, in keeping with the purposes and intent of NRS 407.010 to 407.070, inclusive.
κ1960 Statutes of Nevada, Page 333 (CHAPTER 176, SB 29)κ
3. The state park commission is particularly given jurisdiction and authority to prohibit or regulate the sale of intoxicating liquors and gambling, and to regulate water pollution and sanitation in state parks.
4. The state park commission may authorize multiple use of any state park for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, subject to such regulations as it may adopt in furtherance of the purposes of the state park system.
5. The state park commission may acquire real or personal property in its ow name, by gift, devise or bequest, with the consent of the state board of finance, subject to final approval of the state legislature.
Sec. 2. NRS 407.210 is hereby amended to read as follows:
407.210 1. The cutting or removal of any timber or other forest growth, the destruction thereof by fire or other means, except where such cutting or removal is [absolutely necessary and] authorized [or directed] by proper authority for the proper administration or protection of any park or park lands, is hereby prohibited within any of the park or recreational areas within the jurisdiction of the state park commission.
2. The destruction or removal of any buildings, parts of buildings, other structures, tables, stoves or any appurtenances thereto, as well as any historical relics, natural specimens such as petrified trees, petroglyphs and other relics or material within the jurisdiction of the state park commission is hereby prohibited.
3. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 6 months, or by both fine and imprisonment.
Sec. 3. NRS 503.640 is hereby amended to read as follows:
503.640 [Every] Except in such state park areas as may be designated by the state park commission, every person who shall willfully and maliciously kill, wound or trap any animal or bird within the limits of any cemetery, park or pleasure ground or remove therefrom or destroy the young of any such animal or the egg of any such bird shall be guilty of a misdemeanor.
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κ1960 Statutes of Nevada, Page 334κ
Senate Bill No. 97Committee on Aviation, Transportation and Highways
CHAPTER 177
AN ACT to amend NRS section 484.600, relating to permits for increased size and weights, by prescribing maximum width limitations for vehicles and loads on highways in the state; and by providing for permits; to repeal NRS section 484.520, relating to widths of vehicles; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.600 is hereby amended to read as follows:
484.600 1. As used in this section special mobile equipment means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.
2. The department of highways with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, in their discretion, upon application in writing, authorize the applicant to operate or move a vehicle, combination of vehicles, [or] special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of the department or governing body granting such permit.
3. Except as otherwise provided in this section, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment, or load thereon shall not exceed 96 inches.
4. If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire shall not exceed 102 inches, but in such event the outside width of the body of such vehicle or the load thereon shall not exceed 96 inches.
5. If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, such load of loosely piled material and any loading racks retaining such load shall not exceed 120 inches in width.
6. Lights or devise which are required to be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, except that the maximum width shall not exceed 120 inches.
7. Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, except that the maximum width of body and door handles, hinges, cable cinchers or chain binders shall not exceed 102 inches.
κ1960 Statutes of Nevada, Page 335 (CHAPTER 177, SB 97)κ
8. No passenger vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.
9. The provisions of this section with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway. If an implement of husbandry is transported or moved over a highway which is a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., as a load on another vehicle, if such load exceeds 96 inches in width, such vehicle and load shall not be operated for a distance of more than 25 miles from the point of origin of the trip and shall not be operated at a speed in excess of 30 miles per hour. If an implement of husbandry is transported or moved over any other highway as a load on another vehicle, if such load exceeds 120 inches in width, such vehicle and load shall not be operated for a distance of more than 25 miles from the point of origin of the trip and shall not be operated at a speed in excess of 30 miles per hour.
10. Subject to the provisions of subsection 2 of NRS 484.600, the following vehicles shall not exceed a width of 120 inches:
(a) Any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry by farmers or implement dealers.
(b) Special mobile equipment.
(c) Highway construction or maintenance equipment.
(d) This subsection does not apply to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., if such application would prevent this state from receiving any federal funds for highway purposes.
11. (a) The department may, upon application in writing, if good cause appears, issue a special permit in writing authorizing the applicant to move a trailer coach in excess of the maximum width, but not exceeding 120 inches including appendages.
(b) Such application shall specifically describe the trailer coach to be moved and the particular highway over which the coach is to be moved pursuant to the permit, and whether the permit is requested for a single trip or for continuous operation.
(c) The department may establish seasonal or other time limitations within which the trailer coach described may be moved on the highways indicated, and may require an undertaking or other security as may be deemed necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation.
(d) Permits for the movement of trailer coaches as provided for in this subsection may not be issued except to licensed manufacturers, dealers, owners and transporters and only under the following conditions:
(1) The power unit used to tow overwidth trailers must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power.
κ1960 Statutes of Nevada, Page 336 (CHAPTER 177, SB 97)κ
(2) The trailer coach for which the permit is issued shall not have a gross weight in excess of 18,000 pounds.
(e) A permit which has been issued for the movement of a trailer coach shall not be valid between sunset and sunrise of the following day, nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays.
(f) The department shall have authority to establish additional reasonable permit regulations, as they may deem necessary in the interest of public safety, which regulations shall be consistent with this section.
(g) Every permit shall be carried in the trailer coach to which it refers and shall be open to inspection of any peace officer or traffic officer, any authorized agent of the department or any other officer or employee charged with the care and protection of the highways.
(h) It is a misdemeanor for any person to violate any of the terms or conditions of any such special permit.
(i) To the extent that the application of this subsection to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., would cause this state to be deprived of any federal funds for highway purposes, this subsection to such extent shall not apply to highways which are a part of such system.
Sec. 2. NRS 484.520 is hereby repealed.
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Senate Bill No. 34Committee on Fish and Game
CHAPTER 178
AN ACT to amend NRS section 202.250, relating to prohibitions against the use of spring guns and other deadly weapons, by authorizing the use of loaded spring guns, set guns and other devices for the destruction of burrowing rodents and predatory animals.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.250 is hereby amended to read as follows:
202.250 1. Every person who shall set a so-called trap, spring pistol, rifle, or other deadly weapon shall be punished as follows:
[1.] (a) If no injury result therefrom to any human being, by imprisonment in the county jail for not more than 1 year or by a fine of not more than $1,000, or by both fine and imprisonment.
[2.] (b) If injuries not fatal result therefrom to any human being, by imprisonment in the state prison for not more than 20 years.
[3.] (c) If the death of a human being results therefrom, under circumstances not rendering the act murder, by imprisonment in the state prison for not more than 20 years; otherwise, the punishment shall be as for murder.
κ1960 Statutes of Nevada, Page 337 (CHAPTER 178, SB 34)κ
2. Subsection 1 does not prevent the use of any loaded spring gun, set gun or other device for the destruction of gophers, moles, coyotes or other burrowing rodents or predatory animals by agents or employees of governmental agencies engaged in cooperative predatory animal and rodent control work, but:
(a) No such loaded spring gun, set gun or other device shall be set within 15 miles of the boundaries of any incorporated city or unincorporated town; and
(b) Before setting any such loaded spring gun, set gun or other device on any real property permission must first be obtained from the owner, lessee or administrator thereof.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 84Committee on Banks, Banking and Corporations
CHAPTER 179
AN ACT to amend NRS sections 452.160 and 452.190, relating to authorized investments for endowment care cemetery funds, by authorizing additional investments.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 452.160 is hereby amended to read as follows:
452.160 1. Endowment care funds shall not be used for any purpose other than to provide, through income only, for the reserves authorized by law and for the endowment care of the cemetery in accordance with the resolutions, bylaws, rules and regulations or other actions or instruments of the cemetery authority.
2. The funds shall be invested and reinvested in:
(a) Bonds of the United States; or
(b) Bonds of this state or the bonds of other states of the Union; or
(c) Bonds of counties or municipalities of the states of the Union; or
(d) [Corporate bonds or preferred or common stock approved by the state board of finance.] with the approval of the state board of finance, first mortgages or first trust deeds on improved real estate; or
(e) Bank deposits in any bank or savings and loan association which is insured by the Federal Deposit Insurance Corporation; or
(f) With the approval of the state board of finance, any investment which would be proper under the provisions of NRS 164.050.
Pending investment as provided in this subsection, such funds may be deposited in any savings bank or building and loan association or corporation qualified to do business in the State of Nevada.
Sec. 2. NRS 452.190 is hereby amended to read as follows:
452.190 1. Any cemetery corporation or association under contract for the perpetual care of a certain lot or lots in the cemetery of such corporation or association is expressly forbidden to use the funds received for the perpetual care of any lot or lots under such contract or contracts for any other purpose than to provide the perpetual care mentioned in the contract.
κ1960 Statutes of Nevada, Page 338 (CHAPTER 179, SB 84)κ
corporation or association is expressly forbidden to use the funds received for the perpetual care of any lot or lots under such contract or contracts for any other purpose than to provide the perpetual care mentioned in the contract.
2. After March 3, 1931, the board of directors or board of trustees of a cemetery corporation or association receiving funds from perpetual care contracts shall invest or reinvest such funds in:
(a) Bonds of the United States; or
(b) Bonds of this state; or
(c) Bonds of other states of the Union; or
(d) Bonds of counties or municipalities of the states of the Union; or
(e) [Corporate bonds or preferred or common stock approved by the state board of finance.] With the approval of the state board of finance, first mortgages or first trust deeds on improved real estate; or
(f) Bank deposits in any bank or savings and loan association which is insured by the Federal Deposit Insurance Corporation; or
(g) With the approval of the state board of finance, any investment which would be proper under the provisions of NRS 164.050.
Pending investment as provided in this section, such funds may be deposited in any savings bank in this state.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 136Committee on Finance
CHAPTER 180
AN ACT appropriating $3,000 to the state planning board to pay the costs and expenses of an action by the attorney general to quiet title to certain lands at the Nevada state prison; and providing other matters properly relating thereto.
[Approved March 14, 1960]
Whereas, A survey of the lands and buildings comprising the Nevada state prison has been completed pursuant to chapter 15, Statutes of Nevada 1956; and
Whereas, A title search has revealed that there is a cloud upon the title to some of the lands involved; 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 state planning board the sum of $3,000 for the purpose of quieting title in the name of the State of Nevada to 133 acres of land, more or less, situate in sections 15 and 16, T. 15 N., R. 20 E., M.D.B. & M., in Ormsby County, Nevada.
Sec. 2. The attorney general shall bring an action to quiet title to such lands or take such other steps as may be necessary to obtain clear title to such land in the name of the State of Nevada.
κ1960 Statutes of Nevada, Page 339 (CHAPTER 180, SB 136)κ
Sec. 3. The costs and expenses of any action or other steps so taken by the attorney general shall be paid, from the moneys hereby appropriated to the state planning board, in the same manner as other claims against the state are paid.
Sec. 4. Any of the moneys hereby appropriated which remain unexpended after clear title to such lands has been established in the name of the State of Nevada shall revert immediately to the general fund in the state treasury.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 135Committee on Finance
CHAPTER 181
AN ACT appropriating $7,500 to the state department of conservation and natural resources for the purpose of conducting a special ground-water reconnaissance survey in cooperation with the United States Geological Survey.
[Approved March 14, 1960]
Whereas, There are numerous valleys in Nevada which have possibilities of agriculture development by use of ground-water resources, the magnitude and extent of which is yet unknown; and
Whereas, The demands for agriculture lands in the desert valleys in Nevada are rapidly increasing and such development is being curtailed by lack of knowledge of the ground-water resources; and
Whereas, There is need for a series of reconnaissance surveys covering all of the valleys in the state where agriculture possibilities exist and where information and the extent of ground-water resources is lacking; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated to the state department of conservation and natural resources, from the general fund in the state treasury, the sum of $7,500, which will be matched with federal funds, for the purpose of conducting a special ground-water reconnaissance survey in cooperation with the United States Geological Survey.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 340κ
Assembly Bill No. 12Ormsby County Delegation
CHAPTER 182
AN ACT supplementary to and amendatory of an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City, Nevada, to determine whether certain county and township officers should be relieved of their duties and offices as ex officio officers of such city, prescribing the duties of the board of trustees of Carson City relative thereto, and other matters properly relating thereto.
[Approved March 14, 1960]
Whereas, Pursuant to the provisions of chapter 319, Statutes of Nevada 1951, at page 525, as amended, and the city election held in May 1951, in Carson City, Nevada, the offices of county clerk and treasurer, county recorder and auditor, county sheriff and assessor, and district attorney of Ormsby County, Nevada, and the justice of the peace of Carson Township, were constituted also, respectively, ex officio city clerk and treasurer, ex officio auditor, ex officio city marshal and assessor, ex officio city attorney, and ex officio city recorder in and for Carson City; and
Whereas, It may now be in the best public interest that such offices be separated and made independent; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The intent of the legislature in the enactment of this act is that it shall be deemed supplementary to and amendatory of chapter 43, Statutes of Nevada 1875, at page 87, entitled An Act to incorporate Carson City, approved February 25, 1875, as thereafter amended, and known as the Carson City charter, and to provide herein that the qualified voters of Carson City, Nevada, may at the election as hereinafter set forth determine whether the county officers of Ormsby County, Nevada, and the justice of the peace of Carson township, designated in the preamble hereof, shall be relieved of their duties as ex officio officers of Carson City, Nevada.
Sec. 2. 1. Upon the passage and approval of this act, the board of trustees of the city of Carson City, or other governing body of Carson City as designated by law, shall give notice by publication, in a newspaper published in Carson City, at least once a week for 4 consecutive weeks immediately preceding the next general municipal election to be held in May 1961, that at such election there will be placed upon the official ballot the proposition for the separation of the county, township and city offices mentioned in the preamble to this act, in substantially the following terms: Shall the offices of county clerk and treasurer, county recorder and auditor, county sheriff, county assessor, district attorney, and justice of the peace of Carson Township, which are now consolidated, respectively, with the ex officio offices of city clerk and treasurer, city auditor, city marshal, city assessor, city attorney and city recorder, be separated? Yes No
κ1960 Statutes of Nevada, Page 341 (CHAPTER 182, AB 12)κ
2. If a majority of the votes cast at the election is in favor of the separation of such offices, the board of trustees of Carson City or other governing body of such city, shall:
(a) Appoint such city officers as are required to serve the best interests of Carson City and its inhabitants, pursuant to the power vested in it by the Carson City charter;
(b) Cause the transfer of all books, records and documents of the respective former ex officio city officers to the appropriate city officers; and
(c) Cause to be done all acts and things necessary to make this act effective.
Sec. 3. This act shall become effective immediately upon its passage and approval, for the sole purpose of enabling the board of trustees of the city of Carson City, or other governing body of such city, to present the proposed question set forth in section 2 of this act to the registered voters of Carson City at the next general municipal election, to be held in May 1961. If a majority of votes cast at such election is not in favor of the proposed separation, this act is not effective for any purpose. If a majority of the votes cast at such election is in favor of the proposed separation, chapter 319, Statutes of Nevada 1951, at page 525, entitled An Act supplementary to and amendatory of an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended, providing for an election by the qualified voters of Carson City to determine whether certain county officers shall be ex-officio officers of such city, prescribing the duties of the board of city trustees relative thereto, and providing the duties of the ex-officio officers and other matters connected therewith, approved March 23, 1951, as amended, and all other acts and parts of acts in conflict with this act, are repealed immediately after such election.
________
Assembly Bill No. 44Committee on Education
CHAPTER 183
AN ACT providing an additional appropriation of $5,000 to enable the fact-finding body appointed to investigate financial and administrative problems of public schools to supply each county school district a report of the information applicable to such district.
[Approved March 14, 1960]
Whereas, Under the provisions of chapter 490, Statutes of Nevada 1959, the governor was authorized to appoint a fact-finding body to investigate financial and administrative problems of public elementary and high schools of Nevada; and
Whereas, The governor appointed a fact-finding body which conducted a comprehensive study of the school system of the state and accumulated a vast amount of information concerning the financial and administrative problems of the state school system; and
κ1960 Statutes of Nevada, Page 342 (CHAPTER 183, AB 44)κ
Whereas, The sum of $20,000 appropriated by the 49th session of the Nevada legislature is insufficient to enable the fact-finding body to tabulate and distribute the acquired data, and make recommendations to the state board of education and board of trustees of school districts; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of supplying to each county school district a report of the statistics and other information applicable to such district acquired by the fact-finding body appointed pursuant to chapter 490, Statutes of Nevada 1959, there is hereby appropriated from the general fund in the state treasury the sum of $5,000, 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, 1961, shall revert to the general fund on that date.
Sec. 2. Claims for such expense shall be prepared, presented and paid in the manner provided generally for the payment of claims against the state.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 110Mr. Ryan
CHAPTER 184
AN ACT To amend chapter 690 of NRS, relating to life insurance, by creating a new provision authorizing limited coverage for dependents under group life insurance.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 690 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In policies issued under NRS 690.100, 690.120 and 690.130, coverage not to exceed $1,000 may be provided for dependents.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 343κ
Assembly Bill No. 114Committee on Banks, Banking and Corporations
CHAPTER 185
AN ACT to amend NRS section 361.535, relating to the seizure and sale of personal property, by requiring the county assessor to give notice of seizure of mobile homes, house trailers and boats seized for delinquent taxes; by specifying contents of such notice; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.535 is hereby amended to read as follows:
361.535 1. If the person or persons, company or corporation so assessed shall neglect or refuse to pay such taxes on demand of the county assessor, the county assessor or his deputy shall seize sufficient of the personal property of the person or persons, company or corporation so neglecting or refusing to pay to satisfy the taxes and costs.
2. The county assessor shall post a notice of such seizure, with a description of the property, in three public places in the township or district where it is seized, and shall, at the expiration of 5 days, proceed to sell at public auction, at the time and place mentioned in the notice, to the highest bidder, for lawful money of the United States, a sufficient quantity of such property to pay the taxes and expenses incurred. For this service the county assessor shall be allowed from the delinquent person a fee of $3.
3. If the personal property seized by the county assessor or his deputy consists of a mobile home, house trailer or boat, the county assessor shall publish a notice of such seizure once during each of 2 successive weeks in a newspaper of general circulation in the county. If the legal owner of such property is someone other than the registered owner and the name and address of the legal owner can be ascertained from the records of the department of motor vehicles, the county assessor shall, prior to such publication, send a copy of such notice by registered mail to such legal owner. The cost of such publication and notice shall be charged to the delinquent taxpayer. Such notice shall state:
(a) The name of the owner, if known.
(b) The description of the property seized, including the make, model and color and the serial number, motor number, body number or other identifying number.
(c) The fact that such property has been seized and the reason for such seizure.
(d) The amount of the taxes due on such property and the penalties and costs as provided by law.
(e) The time and place at which such property is to be sold.
After the expiration of 5 days from the date of the second publication of such notice, such property shall be sold at public auction in the manner provided in subsection 2 for the sale of other personal property by the county assessor.
κ1960 Statutes of Nevada, Page 344 (CHAPTER 185, AB 114)κ
4. Upon payment of the purchase money, the county assessor shall deliver to the purchaser of the property sold, with a certificate of the sale, a statement of the amount of taxes or assessment and the expenses thereon for which the property was sold, whereupon the title of the property so sold shall [rest] vest absolutely in the purchaser.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 151Committee on Roads and Transportation
CHAPTER 186
AN ACT to amend NRS section 706.520, relating to licensing of motor carriers, by decreasing the motor carrier license fee of common and contract carriers of property operating exclusively within 5 miles of any incorporated city or town.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.520 is hereby amended to read as follows:
706.520 1. [Every] Except as provided in subsection 5, every person operating motor vehicles in the carriage of persons or property for hire, or as a private carrier, shall, before commencing the operation thereof and annually thereafter, secure from the department a license for each and every such motor vehicle to be operated, and make payments therefor as provided in NRS 706.010 to 706.700, inclusive.
2. The license herein provided for shall be secured on or before January 1 of each year and shall become delinquent on January 1 of each year.
3. The license fee imposed by NRS 706.010 to 706.700, inclusive, shall be reduced one-twelfth for each month which shall have elapsed since the beginning of each calendar year, on all motor vehicles to be licensed after the end of January of each year, except taxicabs, motor convoy carriers and private carriers of property who are eligible to secure the annual license for $25 as provided in NRS 706.010 to 706.700, inclusive.
4. On and after July 1 of each year, taxicabs and private carriers of property who are eligible to secure the annual license for $25, as provided in NRS 706.010 to 706.700, inclusive, shall pay $12.50.
5. Common and contract motor carriers of property whose vehicles are operated exclusively within the corporate limits of any city or town and an area 5 miles outside such limits, and whose vehicles are required to be licensed under the provisions of this section may secure distinctive license plates permitting such vehicles to operate within such cities and towns and such 5-mile area upon payment of fees amounting to one-half of the fees set forth in NRS sections 706.530 and 706.540. Any person operating a carrier licensed pursuant to the provisions of this subsection shall, in addition to any other penalties provided by law, immediately become liable for the full amount of the fees set forth in NRS 706.530 and 706.540 for the full licensing period if such carrier is apprehended in operation outside such 5-mile area.
κ1960 Statutes of Nevada, Page 345 (CHAPTER 186, AB 151)κ
provided by law, immediately become liable for the full amount of the fees set forth in NRS 706.530 and 706.540 for the full licensing period if such carrier is apprehended in operation outside such 5-mile area.
________
Assembly Bill No. 169Committee on Roads and Transportation
CHAPTER 187
AN ACT to amend NRS section 482.345, relating to the issuance of automobile dealers licenses and dealers plates, by increasing the amount of the bond to be filed with the department of motor vehicles prior to the issuance of such licenses or plates from $1,000 to $7,500 for dealers whose places of business are located in counties having a population of 50,000 or more.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.345 is hereby amended to read as follows:
482.345 1. Before any dealers license, dealers plate or plates or special dealers plate or plates shall be furnished to a manufacturer or dealer as provided in this chapter, the department shall require that the applicant make application for a dealer license and dealer plate or plates, upon a form to be furnished by the department, and the applicant shall furnish such information as the department may require, including proof that the applicant has an established place of business in this state, and also procure and file with the department a good and sufficient bond in the amount of $1,000 if such place of business is located in a county having less than 50,000 population, and in the amount of $7,500 if such place of business is located in a county having 50,000 or more population, with a corporate surety thereon, duly licensed to do business within the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a dealer without fraud or fraudulent representation, and without violation of the provisions of this chapter.
2. The bond may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of $1,000 [.] or $7,500, as the case may be.
3. The undertaking on the bond shall be deemed to include and shall include and fraud or fraudulent representation or violation of any of the provisions of this chapter by the salesman of any licensed dealer acting for the dealer on his behalf and within the scope of the employment of such salesman.
________
κ1960 Statutes of Nevada, Page 346κ
Assembly Bill No. 173Mr. Young (by request)
CHAPTER 188
AN ACT to amend NRS section 573.030, relating to bonds of operators of public livestock auctions, by allowing state department of agriculture to accept from such operators bonds required by the Packers and Stockyards Act of 1921 in lieu of bonds required by state law; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 573.030 is hereby amended to read as follows:
573.030 1. Each applicant for a license to operate and conduct a public livestock auction shall file a corporate bond with the board.
2. The bond shall be in the principal amount of $5,000; but if the board is of the opinion that the volume of business and the nature of the operation of any public livestock auction is such as to render a bond of $5,000 inadequate, then the board, after reasonable notice to the operator of such public livestock auction, may require that the bond be increased to an amount fixed by the board not to exceed $100,000. The amount fixed by the board shall not be in excess of the average gross receipts for livestock sold through such public livestock auction at the several sales held during the preceding 12 months, or during the period for which the public livestock auction has been operated if it has been operated for less than 12 months, and shall not in any case be more than $100,000. The bond shall be conditioned for the prompt remittance to consignors of the proceeds from any sale or exchange of livestock.
3. The board may also require from the operator of any public livestock auction a bond in any reasonable amount, not less than $5,000 nor more than $100,000, for the protection of purchasers of livestock from any such operator for good title to such purchases livestock.
4. Such bonds shall be in a form and with sureties satisfactory to the board, and shall provide that they may not be canceled without 10 days notice in writing to the board. Such bonds shall be for the use and benefit of any consignor or purchaser suffering loss or damage by breach of the conditions thereof, and any such consignor or purchaser may bring an action for recovery thereon.
5. In lieu of the bonds provided for in subsections 1 to 4, inclusive, the operator of a public livestock auction may deliver to the board the original of a bond required by 7 U.S.C. sec. 204 and the regulations promulgated thereunder in favor of the director of the division of animal industry who shall act as trustee of such bond.
6. In lieu of filing a bond, the operator of a public livestock auction may deliver to the board the receipt of a duly authorized bank or trust company in this state showing the deposit with such bank or trust company of case or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond.
κ1960 Statutes of Nevada, Page 347 (CHAPTER 188, AB 173)κ
under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgments against the operator of such public livestock auction of record in the county where the operator resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 185Mr. Bissett
CHAPTER 189
AN ACT to amend NRS sections 139.010 and 139.050, relating to administrators of estates, by requiring such administrators to be residents of the State of Nevada; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 139.010 is hereby amended to read as follows:
139.010 No person shall be entitled to letters of administration:
1. Who shall be under the age of majority; or
2. Who shall have been convicted of a felony; or
3. Who, upon proof, shall be adjudged by the court incompetent to execute the duties of the trust by reason of drunkenness, improvidence, or want of integrity or understanding [.] ; or
4. Who is not a resident of the State of Nevada.
Sec. 2. NRS 139.050 is hereby amended to read as follows:
139.050 [1.] Administration may be granted to one or more competent persons, although not otherwise entitled to the same at the written request of the person entitled, filed in the court.
[2. When the person entitled it a nonresident of the state, affidavits, taken ex parte before any officer authorized by the laws of this state to take acknowledgments and administer oaths out of this state, may be received as prima facie evidence of the identity of the person, if free from suspicion, and the fact is established to the satisfaction of the court.]
________
κ1960 Statutes of Nevada, Page 348κ
Assembly Bill No. 207Messrs. Waters, Pozzi, Knisley and Bastian
CHAPTER 190
AN ACT authorizing the conveyance of certain land of the State of Nevada for the construction of a building thereon for the use of the employment security department under a lease-purchase agreement with the purchaser; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state planning board is hereby authorized to convey to a nominee of the employment security department, for a consideration not less than the total cost to the state for the acquisition of such property, all of block 20, Sears, Thompson and Sears Division, Carson City, Nevada. All moneys received for such property shall be deposited in the general fund in the state treasury.
Sec. 2. Such property shall be conveyed only in conjunction with a lease-purchase agreement entered into pursuant to law whereby such nominee agrees to cause to be constructed thereon a building for the use of the employment security department, and to lease such premises to the employment security department pursuant to the terms of such agreement.
Sec. 3. Any conveyance executed under the authority granted by this act shall be subject to the approval of the attorney general.
Sec. 4. This act shall become effective upon passage and approval and shall expire by limitation 1 year from its effective date.
________
Assembly Bill No. 226Messrs. Waters, Pozzi, Knisley and Bastian
CHAPTER 191
AN ACT to amend chapter 612 of NRS, relating to unemployment compensation, by adding a new section authorizing the executive director of the employment security department to enter into lease-purchase agreements for the acquisition of office buildings and the land on which such buildings are located; providing for payment of rentals and acquisition of title to such premises; ratifying existing agreements; giving assurances to the Bureau of Employment Security of the United States Department of Labor; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The executive director, subject to the provisions of this section, may enter into lease-purchase agreements with any individuals, corporations, associations or partnerships for the purchase of office buildings and the land upon which such buildings are located.
κ1960 Statutes of Nevada, Page 349 (CHAPTER 191, AB 226)κ
and the land upon which such buildings are located. Rentals to the lessor shall be paid by the employment security department, or any agency which may hereafter absorb the employment security program, from grants received by the employment security department or state agency for such purposes, to the extent that funds are made available by the Congress of the United States.
2. The executive director may take title in the name of the State of Nevada to premises which are the subject of such a lease-purchase agreement upon fulfillment of the terms of such agreement.
3. All such lease-purchase agreements heretofore entered into by the executive director are hereby ratified, confirmed and adopted.
4. The State of Nevada hereby assures the Bureau of Employment Security of the United States Department of Labor that upon the amortization of the costs of any building and premises heretofore or hereafter purchased or agreed to be purchased for the use of the employment security department pursuant to such lease-purchase agreement, the employment security department may continue to occupy such building without the payment of rent, and shall be assessed only the reasonable cost of operation and maintenance of such building.
5. If it becomes necessary for the employment security department to be moved from any such building after it has been purchased through the amortization of the cost thereof, The State of Nevada hereby gives assurance that other substantially similar space shall be furnished to the employment security department without further payments by such department or the Bureau of Employment Security of the United States Department of Labor, other than payment of the reasonable cost of operation and maintenance thereof.
6. If it becomes necessary for the employment security department to be moved from any such building before the cost thereof has been completely amortized, the State of Nevada hereby gives assurance that credit will be allowed for the amount of funds granted to the employment security department by the Bureau of Employment Security of the United States Department of Labor for the partial amortization of such building to the end that funds granted by such bureau for the use of substantially similar space will not exceed the amount which the employment security department would have been obligated to pay if it had remained in such premises.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 350κ
Assembly Bill No. 232Messrs. Parks and Viani
CHAPTER 192
AN ACT authorizing Mineral County, State of Nevada, to erect, build and construct a new addition or additions to the Mount Grant General Hospital and to equip and furnish the same; concerning the issuance of bonds therefor in not to exceed the aggregate principal amount of $30,000 and the levy of taxes in connection therewith; prescribing other details and conditions concerning such bonds and such taxes; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Mineral County, State of Nevada, is hereby authorized and empowered, in addition to powers elsewhere conferred upon the board, to erect, build and construct a new addition or additions to the Mount Grant General Hospital, and to equip and furnish the same, and to defray the cost thereof in part by the issuance of general obligation bonds in not to exceed the aggregate principal amount of $30,000. (Such new addition or additions, equipment and furnishings are hereafter sometimes designated as the facilities.) The proceeds of such bond issue shall be used only for the purpose of paying for the cost in part of erecting, building and constructing a new addition or additions to the Mount Grant General Hospital and equipping and furnishing the same when and if a sum not less than $50,000 is allocated and committed by the United States Government for such purposes and a sum not less than $50,000 is provided for the Mount Grant General Hospital for such purposes from the state public hospital construction assistance fund pursuant to the provisions of NRS 449.250 to 449.430, inclusive.
Sec. 1.5. The board of county commissioners 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 county commissioners 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.
κ1960 Statutes of Nevada, Page 351 (CHAPTER 192, AB 232)κ
otherwise conferred by this act on the board to issue bonds without the approval of the electors shall terminate.
Sec. 2. Each series of bonds shall be authorized by ordinance. The bonds shall be of convenient denominations, shall be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest, shall be issued in one or more series, shall mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations, or at the option of the board of county commissioners, the bonds may mature serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the board; and the ordinance authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such order, and upon the payment of such premium, if any, as the board may determine and state therein. The bonds, unless they be registered for payment as to principal and interest, shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the county treasurer; and the bonds shall also be signed and attested by the county clerk with the official seal of the county affixed thereto. Facsimile signatures of the chairman and county treasurer may be used on the coupons. The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the board.
Sec. 3. The board of county commissioners is hereby authorized to sell such bonds at one time, or from time to time, as the board may determine, at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided, that the board may employ legal, fiscal, engineering and other expert services in connection with the facilities to be acquired as herein authorized and in connection with the authorization, issuance and sale of the bonds.
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.
κ1960 Statutes of Nevada, Page 352 (CHAPTER 192, AB 232)κ
the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall by payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory limitations now or hereafter existing. It shall be the duty of the board, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due. In any year in which the total taxes levied against the property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reductions so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of the interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 5. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 6. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing is 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.
κ1960 Statutes of Nevada, Page 353 (CHAPTER 192, AB 232)κ
Sec. 8. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 9. This being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
Sec. 10. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcibile, 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.
________
Senate Bill No. 142Committee on Judiciary
CHAPTER 193
AN ACT to amend NRS section 624.220, relating to classification of contractors, by allowing the state contractors board to provide by rule and regulation for the charge of an additional application or license fee for qualifying or classifying a licensee in additional classifications.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 624.220 is hereby amended to read as follows:
624.220 1. The board may adopt rules and regulations necessary to effect the classification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he is classified and qualified to engage. A licensee may make application for classification and be classified in more than one classification if the licensee meets the qualifications prescribed by the board for such additional classification or classifications. [No] The rules and regulations may provide for an additional application or license fee [shall] to be charged for qualifying or classifying a licensee in additional classifications.
2. Nothing contained in this section shall prohibit a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which he is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 354κ
Assembly Bill No. 28Miss Herr
CHAPTER 194
AN ACT to amend NRS section 19.130, relating to the fees of the clerk of Clark County, by changing such fees; and by providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.130 is hereby amended to read as follows:
19.130 1. The county clerk of Clark County shall charge and collect the following fees:
On the commencement of any action or proceeding in the district court, or on the transfer of any action or proceeding from a district court of another county, except probate or guardianship proceedings, in addition to the court fee now provided by law, to be paid by the party commencing such action or proceeding or transfer........ $17.00
On an appeal to the district court of any case from a justices court or a municipal court, or on the transfer of any case from a justices court or a municipal court, in addition to the court fee now provided by law.................................................................... 7.00
On the filing of a petition for letters testamentary, or of administration of guardianship, [in addition to] which fee shall include the court fee now provided by law, to be paid by the petitioner: [................................................................................................ 5.00]
Where the stated value of the estate is more than $400 and less than $3,000 .................................................................................................................... 15.00
Where the stated value of the estate is $3,000 or more.......................... 25.00
Where the stated value of the estate is $400 or less, no fee may be charged or collected.
On filing a petition to contest any will or codicil, to be paid by the petitioner [$5.00] 15.00
On the filing of objection or cross-petition to the appointment of an executor, administrator or guardian, or an objection to the settlement of account or any other proceeding in an estate or guardianship matter, to be paid by the moving or objecting party....................................................................................................................... 5.00
On the appearance of any defendant or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them... [5.00] 10.00
For every additional defendant, appearing separately......................... 5.00
On the filing of any paper in intervention.......................................................... [5.00] 10.00
κ1960 Statutes of Nevada, Page 355 (CHAPTER 194, AB 28)κ
[The foregoing fees shall be in full for all services rendered by the clerk in the case for which such fees are paid, to and including the making up of the judgment roll, but not to include payment for typing, copying or certifying.]
2. The clerk shall also be entitled to charge and collect the following fees and compensation not provided for in subsection 1:
For issuing an execution or order of sale, in any action....................................... $1.00
For filing any notice of motion to move for a new trial of any civil action or proceeding, to be paid by the party filing the same and which shall be in full for all services to be rendered in connection with the motion........................................................ [2.50] 5.00
For filing a notice of appeal and appeal bond, each............................................. [.50] 1.00
[For any additional service connected with such appeal (not including copying or certifying)................................................................................................. 2.50]
For services connected with transmission of files and papers to the district court of another county or to a United States court, exclusive of express charge or postage ................................................................................................................................. 2.50
For filing remittitur from the supreme court............................................................ 1.00
For recording judgment entered thereon, per folio................................... .20
For issuing transcript of judgment and certifying thereto................................... 1.00
For filing and docketing abstract of judgment of justices court........................ 1.00
For issuing execution thereon...................................................................... 1.00
[For filing any paper in any case after judgment, not otherwise provided for.. .50
For making satisfaction of or credit on judgment.................................................. .25
For recording any instrument or paper required to be recorded in his office, other than an instrument or paper in any action or proceeding in court as otherwise specified in this section, per folio................................................................................................... .20]
For [certifying] preparing any copy of any record, proceeding or paper on file in his office: [................................................................................................................... .50]
When such copy is [made by him,] typed, per folio................................. [.15] .20
When such copy is photostated, for each page........................................ .60
For each certificate of the clerk, under the seal of the court................ 1.00
For examining and certifying to a copy of any paper, record or proceeding prepared by another and presented for his certificate.......................................................... 1.00
For comparing such copy with the original, per folio............................... .05
[For exemplifying copy.............................................................................................. 1.00
For filing and indexing any paper pertaining to a corporation, copartnership or bond company................................................................................................................ 1.00
κ1960 Statutes of Nevada, Page 356 (CHAPTER 194, AB 28)κ
For filing and indexing certificate of fictitious names........................................... $1.00
For each name indexed in excess of four.................................................... .25]
For filing and indexing articles of incorporation............................................... 2.50
For each amendment, acceptance of appointment of resident agent, list of officers, dissolution or reinstatement, or bond companies............. 1.00
For filing all papers to be kept by him, not otherwise provided for, other than papers filed in actions and proceedings in court and papers filed by public officers in their official capacity [.50] 1.00
For administering each oath, without certificate, except in a pending action or proceeding [.50] 1.00
For issuing any certificate under seal, not otherwise provided for.................... [.50] 1.00
For taking any affidavit, except in criminal cases.................................................. .50
For taking acknowledgment of any deed or other instrument............................. .50
When certificate is prepared by him........................................................... 1.00
For searching records or files in his office, for each year, but not to charge suitors or [attorneys] members of the State Bar of Nevada............................................ .50
For filing and recording a bond of a notary public............................................ 2.50
[For issuing marriage licenses, $1 to be paid to the county recorder................. 2.00]
3. No fee shall be charged by the clerk for any services rendered to a defendant or his attorney in any criminal case or in habeas corpus proceedings. The clerk shall neither charge nor collect any fees for services rendered by him to the State of Nevada, Clark County, or any city or town within Clark County, or any officer thereof in his official capacity.
4. Out of each fee collected on the commencement of any action or proceeding in the district court, except probate and guardianship proceedings, or on an appeal thereto, or on the transfer of any case from a justices court or a municipal court, the clerk shall set aside the sum of $3 to be paid into the county treasury of Clark County for the benefit of the Clark County law library fund, which fund is hereby created. All other fees collected by the clerk shall be paid into the county treasury of Clark County on or before the 5th day of the month succeeding the month in which such fees are collected for the benefit of the general fund.
5. When and if, by reason of the payment of fees provided for in subsection 4, there shall accumulate a sum in the Clark County law library fund in excess of $3,000, the board of county commissioners of Clark County shall transfer from time to time as such excess may accrue all of the excess above the sum of $3,000.
Sec. 2. This act shall become effective July 1, 1960.
________
κ1960 Statutes of Nevada, Page 357κ
Assembly Bill No. 234Committee on Building and Construction
CHAPTER 195
AN ACT to amend NRS section 331.150, relating to the repair of state buildings, grounds and water systems, by providing that the superintendent of buildings and grounds shall advertise for bids on any repairs to any such buildings or water system, the estimated cost of which shall exceed an aggregate of $1,000; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 331.150 is hereby amended to read as follows:
331.150 Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund upon the presentation of budgets as provided by law, and shall be paid out on claims as other claims against the state are paid. Such appropriated funds shall be used for the repair of and the keeping in repair of the buildings, grounds and water system under the supervision and control of the superintendent; but the superintendent shall advertise for bids on any repairs to any of the buildings or water system, the estimated cost of which shall exceed [$500,] an aggregate of $1,000, and award the contract therefor to the lowest and best bidder. Such advertisement or notice to bidders shall be published in a newspaper of general circulation in the state for a period of 2 weeks.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 239Committee on Ways and Means
CHAPTER 196
AN ACT authorizing and directing the conveyance, without consideration, of certain real property located in Washoe County from the Nevada state hospital to the state department of buildings and grounds.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent and medical director of the Nevada state hospital is hereby authorized and directed to convey, without consideration, to the state department of buildings and grounds, for the use of such department, all the hospitals right, title and the right to the use of that property belonging to the State of Nevada, and now under the jurisdiction of the superintendent and medical director of the Nevada state hospital, situated in the county of Washoe, State of Nevada, and more particularly described as follows:
All of that property under the jurisdiction of the Nevada state hospital located in the NW 1/4 of Section 7, T 19 N, R 20 E, and lying northwest of the Kietzke Lane right of way, north of the Truckee River, west of the highway maintenance grounds and south of the Southern Pacific R.R.
κ1960 Statutes of Nevada, Page 358 (CHAPTER 196, AB 239)κ
northwest of the Kietzke Lane right of way, north of the Truckee River, west of the highway maintenance grounds and south of the Southern Pacific R.R. right of way.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 248Mr. Bissett
CHAPTER 197
AN ACT to amend NRS section 617.480, relating to special silicosis cases, by increasing the maximum sum payable for death or disability due to silicosis; and by allowing claimants who have previously received the maximum sum payable to receive additional amounts.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 617.480 is hereby amended to read as follows:
617.480 Notwithstanding the provisions of NRS 617.460, compensation shall be paid from the state insurance fund in cases of silicosis arising under the following conditions:
1. No compensation shall be paid in case of silicosis, as defined in NRS 617.140, out of the state insurance fund unless during the 20 years immediately preceding March 25, 1957, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in mines in Nevada.
2. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of permanent total disability, in accordance with the provisions of chapter 616 of NRS; provided, that the maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed [$11,250.] $14,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits; except that the amount payable for hospital, medical or nursing benefits shall not exceed $50 per month. The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment, notwithstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents.
3. Claims for compensation provided by this section on account of silicosis shall be forever barred unless application shall have been made to the commission within 6 months after March 25, 1957.
4. Where the employee is eligible to receive other compensation under this chapter, he shall not be entitled to compensation, medical, hospital and nursing expenses or payment of funeral expenses for silicosis out of the state insurance fund.
κ1960 Statutes of Nevada, Page 359 (CHAPTER 197, AB 248)κ
under this chapter, he shall not be entitled to compensation, medical, hospital and nursing expenses or payment of funeral expenses for silicosis out of the state insurance fund. No employee who has received the full benefits as provided under this chapter shall be entitled to any further benefits under this section.
5. No person shall qualify for any benefits under this section unless he shall have actually and physically resided in the State of Nevada for an uninterrupted period of at least 20 years immediately preceding March 25, 1957.
6. If any person dies prior to receipt of maximum compensation and benefits allowed pursuant to subsection 2, the difference between the amount of compensation and benefits actually paid to or on behalf of such person and the maximum compensation and benefits payable pursuant to subsection 2 shall be placed in a special fund to be paid out as provided in subsection 7.
7. Notwithstanding the provisions of subsection 2, any moneys in the special fund created pursuant to subsection 6 shall be available for payment on a pro rata basis to, or on behalf of, persons who, after July 1, 1957, have received the maximum compensation and benefits allowed pursuant to subsection 2. This special fund shall be distributed proportionately in its entirety on March 31, June 30, September 30 and December 31 of each year for whatever number of dollars, if any, have accumulated during that quarter; except that the maximum amount payable to the pensioner in any 1 calendar quarter shall not exceed what he normally would have received under his original pension.
Sec. 2. Any claimant who has received the maximum sum payable prior to the effective date of this act shall be entitled to receive the difference between such sum and the maximum sum payable as provided in this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 266Committee on Ways and Means
CHAPTER 198
AN ACT to amend NRS section 481.140, relating to the composition of the Nevada highway patrol, by increasing the number of patrolmen to 39.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.140 is hereby amended to read as follows:
481.140 The Nevada highway patrol shall be composed of the following personnel appointed by the director of the department of motor vehicles:
κ1960 Statutes of Nevada, Page 360 (CHAPTER 198, AB 266)κ
1. One director.
2. Two inspectors.
3. Not more than [59] 63 additional personnel, of which [35] 39 shall be patrolmen and 18 shall be field agents for the enforcement of the provisions of chapters 482 and 706 of NRS.
________
Assembly Bill No. 260Committee on Ways and Means
CHAPTER 199
AN ACT authorizing the state welfare department to expend a sum of money not exceeding $10,000, from funds appropriated for such department in 1959 for case services concerning sight, for the construction of a vending stand offering snack bar facilities for the dispensing of foodstuffs and beverages at Hoover Dam, Clark County, Nevada, to provide remunerative employment for blind persons; and providing other matters properly relating thereto.
[Approved March 14, 1960]
Whereas, NRS 426.630 to 426.730, inclusive, provide for and relate to the establishment and operation of vending stands on public property by blind persons, thus encouraging and assisting blind persons in their efforts to render themselves more self-supporting; and
Whereas, Through the efforts of the Department of the Interior and the state welfare department it is now possible to construct a vending stand at Hoover Dam, Clark County, Nevada, for the installation of snack bar facilities for the dispensing of foodstuffs and beverages, which vending stand will, if constructed, provide blind persons with remunerative employment; and
Whereas, By the provisions of section 35 of chapter 433, Statutes of Nevada 1959, there was appropriated to the state welfare department for case services concerning sight the sum of $29,917, and there remains of such appropriation a balance sufficient to pay for the construction of such vending stand; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state welfare department is hereby authorized to expend a sum of money not exceeding $10,000 from the appropriation heretofore made by the provisions of section 35 of chapter 433, Statutes of Nevada 1959, for case services concerning sight in the amount of $29,917, for the construction of a vending stand (as defined by paragraph (c) of subsection 7 of NRS 426.630) at Hoover Dam, Clark County, Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 361κ
Senate Bill No. 159Committee on Finance
CHAPTER 200
AN ACT creating the 1961 state general obligation bond commission and authorizing such commission to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $1,500,000, for the purpose of completing the construction, equipment and minimum furnishing of a certain engineering building at the University of Nevada, Reno, Nevada; prescribing other details and conditions concerning such bonds; authorizing the use and investment of the proceeds of the sale or sales of such bonds; prescribing powers, duties and responsibilities of the 1961 state general obligation bond commission, the state planning board, the state board of finance, the state treasurer and other state officers; creating the 1961 state general obligation bond commission fund in the state treasury and making an appropriation therefor; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, unless the context otherwise requires, commission means the 1961 state general obligation bond commission.
Sec. 2. The 1961 state general obligation bond commission, consisting of the governor, the secretary of state and the attorney general, is hereby created.
Sec. 3. For the purpose only of completing the construction, equipment and minimum furnishing of that certain engineering building at the University of Nevada, Reno, Nevada, which construction, equipping and minimum furnishing in part is authorized under the provisions of that certain act of the 1960 legislature of the State of Nevada entitled An Act authorizing and directing the state planning board to cause to be constructed, equipped and furnished in a minimum manner an engineering building at the University of Nevada, Reno, Nevada, at a cost not exceeding the sum of $2,688,272; appropriating the sum of $1,188,272 from the general fund in the state treasury for the purpose of construction, equipment and minimum furnishing in part of such building; providing that the balance necessary to complete such building shall be provided from the proceeds of the sale of general obligation negotiable coupon bonds of the State of Nevada issued and sold pursuant to law; prescribing the powers, duties and responsibilities of the state planning board, the board of regents of the University of Nevada and the attorney general in connection therewith; and providing other matters properly relating thereto, the commission shall, after receipt of a resolution from the state planning board certifying the need for moneys to complete such building, equipping and furnishing, but not before March 1, 1961, issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $1,500,000.
Sec. 4. 1. Each series of bonds shall be authorized by order of the commission.
κ1960 Statutes of Nevada, Page 362 (CHAPTER 200, SB 159)κ
2. The bonds shall:
(a) Be of convenient denominations.
(b) Be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest.
(c) Be issued in one or more series.
(d) 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 commission, 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.
(e) 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.
(f) 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 commission.
(g) Unless they be registered for payment as to principal and interest, have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.
3. The order 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 commission may determine and state therein.
4. The bonds and coupons shall be signed by the governor and countersigned by the state treasurer; and the bonds shall also be signed and attested by the secretary of state with the great seal of the State of Nevada affixed thereto. Facsimile signatures of the governor and the state treasurer may be used on the coupons.
5. 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 commission.
Sec. 5. 1. All bonds shall be sold at public sale. No bonds shall be sold at less than par and accrued interest, nor shall any discount or commission be allowed or paid for the sale of the bonds.
2. Before selling the bonds the commission shall:
(a) Cause a notice calling for bids for the purchase of the bonds to be published in a newspaper printed in the state and having a general circulation therein. The notice shall be published once in each calendar week for 4 successive calendar weeks immediately preceding the day when the bids will be opened publicly.
κ1960 Statutes of Nevada, Page 363 (CHAPTER 200, SB 159)κ
(b) Give such other notice as may be deemed necessary by the commission.
Sec. 6. The notice shall:
1. Specify a place and designate a day and the hour thereof when sealed bids for the purchase of the bonds shall be received and opened publicly by the commission.
2. Specify the maximum rate of interest the bonds shall bear.
3. Require each bidder to submit a written bid specifying:
(a) The lowest rate of interest and premium, if any, above par, at which the bidder will purchase the bonds; or
(b) The lowest rate of interest at which the bidder will purchase the bonds at par.
Sec. 7. All bids shall:
1. Be in writing.
2. Be sealed.
3. Except any bid of the State of Nevada or any board or department thereof, if one is received, be accompanied by a deposit of 5 percent of the amount of the bid, either is cash or by cashiers check or certified check.
Sec. 8. 1. The bonds shall be sold to the responsible bidder making the highest bid therefor, subject to the right of the commission to reject any and all bids and to readvertise the bonds for sale.
2. If there be two or more equal bids for the bonds, and such equal bids are the highest bids received from responsible bidders, and for not less than par and accrued interest, the commission shall determine which of the equal bids shall be accepted, or may divide the bonds so issued between or among the equal bidders.
Sec. 9. 1. If a bid for the bonds is accepted, the commission shall return the deposits of all other bidders immediately.
2. If the successful bidder fails or neglects to complete the purchase of the bonds within 30 days immediately following the acceptance of the bid, or within 10 days after the bonds are made ready and are offered by the commission for delivery, whichever is later, the amount of the deposit shall be forfeited to the general fund in the state treasury (but no bidder shall forfeit such deposit whenever the bonds are not ready and so offered for delivery within 60 days from the date of the acceptance of his bid), and the commission may publicly resell the bonds as herein provided.
Sec. 10. If all bids for the bonds are rejected, the commission shall:
1. Forthwith return the deposits of all bidders.
2. Readvertise the bonds for sale in the same manner as is provided for the original advertisement.
Sec. 11. 1. Before the commission shall deliver bonds under this act, all such bonds shall be registered by the state treasurer in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds.
(b) The time of payment.
(c) The rate of interest the bonds bear.
κ1960 Statutes of Nevada, Page 364 (CHAPTER 200, SB 159)κ
3. After registration by the state treasurer, the state treasurer shall cause the bonds to be delivered to the purchaser or purchasers thereof from the commission, upon payment being made therefor on the terms of the sale or sales.
Sec. 12. Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive.
Sec. 13. The faith of the State of Nevada is hereby pledged that this act shall not be repealed until all the bonds issued under and by virtue hereof, and the interest thereon, shall have been paid in full as provided in this act.
Sec. 14. The order providing for the issuance of the 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. 15. 1. There is hereby created in the state treasury the 1961 state general obligation bond commission fund.
2. There is hereby appropriated from the general fund in the state treasury to the 1961 state general obligation bond commission fund the sum of $5,000.
3. Within the limitations of the appropriation made by subsection 2, the commission is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and sale of the bonds. All expenses incurred for the preparation, sale and delivery of the bonds, including the preparation of the certified copy of the transcript for the successful bidder, are legal charges against the 1961 state general obligation bond commission fund.
Sec. 16. The proceeds of the sale or sales of the bonds shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 3 of this act, but it shall appear at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance in short-term bonds, certificates 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 mentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof. Any interest received from such investments shall be deposited in the general fund in the state treasury.
Sec. 17. 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.
κ1960 Statutes of Nevada, Page 365 (CHAPTER 200, SB 159)κ
powers conferred by any other law. No part of this act shall repeal or affect any other law or part thereof.
Sec. 18. 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. 19. 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. 20. 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. 21. 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. 22. This act shall become effective on March 1, 1961.
________
Assembly Bill No. 249Committee on Judiciary
CHAPTER 201
AN ACT to amend chapter 1 of NRS, relating to courts and judicial officers generally, by adding a new section providing for continuance of any action or proceeding during legislative sessions if a member of the legislature is a party or attorney for a party; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 1 of NRS is hereby amended by adding thereto a new section which shall read as follows:
If a party or an attorney for apart to any action or proceeding in any court or before any administrative body is a member of the legislature of the State of Nevada, or is president of the senate, such fact shall be sufficient cause for the adjournment or continuance of such action or proceeding for the duration of any legislative session, and such adjournment or continuance shall be granted without the imposition of terms.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 366κ
Assembly Bill No. 257Committee on Elections
CHAPTER 202
AN ACT to amend NRS section 294.325, relating to mass meetings of electors in voting precincts, by providing that notices of such meetings shall be published in a newspaper published in the county rather than in the precinct.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 294.325 is hereby amended to read as follows:
294.325 1. The county central committee of each political party in each county shall cause a mass meeting of the qualified electors of the party, registered as such, residing in each voting precinct entitled to delegates in the county convention, to be called and held in such precinct on or before the 5th day preceding the dates set by the respective state central committees in each year in which a general election is held, or if no earlier date is set then on or before the 5th day before the 2nd Tuesday in April, and shall cause notice of the time and place of the holding of such meeting to be posted in at least three public places in each precinct at least 5 days prior to the day of such meeting.
2. The notice shall specify the number of delegates to the county convention to be chosen at such meeting and shall be published in one or more newspapers, if there be any, published in the [precinct.] county.
3. The county central committee shall cause such further notice of such meeting to be given as the conditions existing in the precinct may reasonably require.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 247Committee on Military and Indian Affairs
CHAPTER 203
AN ACT to amend chapter 328 of NRS, relating to federal lands, by adding new sections providing a procedure for the acquisition and relinquishment of legislative jurisdiction over lands within the State of Nevada; authorizing the Nevada tax commission to consent to transfer of such jurisdiction upon certain conditions; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 328 of NRS is hereby amended by adding thereto the provisions set forth in sections 2 to 5, inclusive, of this act.
Sec. 2. 1. On or after July 1, 1960, in order to acquire all or any measure of legislative jurisdiction of the kind involved in clause 17 of section 8 of article I of the Constitution of the United States over any land or other area, or in order to relinquish such legislative jurisdiction, or any measure thereof, which may be vested in the United States, the United States, acting through a duly authorized department, agency or officer, shall file with the Nevada tax commission a notice of intention to acquire or relinquish such legislative jurisdiction.
κ1960 Statutes of Nevada, Page 367 (CHAPTER 203, AB 247)κ
measure of legislative jurisdiction of the kind involved in clause 17 of section 8 of article I of the Constitution of the United States over any land or other area, or in order to relinquish such legislative jurisdiction, or any measure thereof, which may be vested in the United States, the United States, acting through a duly authorized department, agency or officer, shall file with the Nevada tax commission a notice of intention to acquire or relinquish such legislative jurisdiction. Certified copies of such notice, in sufficient number to meet the recording requirements of subsection 3, shall be filed with the notice. The notice shall contain a description adequate to permit accurate identification of the boundaries of the land or other area for which the change of jurisdictional status is sought and a precise statement of the measure of legislative jurisdiction sought to be transferred.
2. Upon a finding by a majority of the members of the Nevada tax commission, which majority shall include the governor, that a proposed acquisition or relinquishment of legislative jurisdiction and the method thereof and all matters pertaining thereto are consistent with the best interests of the state and conform to the provisions of sections 2 to 5, inclusive, of this act, the Nevada tax commission may give the consent of the State of Nevada to the acquisition or relinquishment of such legislative jurisdiction by the United States.
3. If the Nevada tax commission consents to the transfer or relinquishment of such jurisdiction it shall cause a certified copy of the notice to be recorded in the office of the county recorder where the land or other area affected by the transfer of jurisdiction is situated, and upon such recordation, the transfer of jurisdiction shall take effect. If the land or other area is situated in more than once county, a certified copy of the notice shall be recorded in the office of the county recorder of each such county. The Nevada tax commission shall cause copies of all documents recorded pursuant to this section to be filed with the secretary of state.
Sec. 3. No transfer of legislative jurisdiction between the United States and this state shall take effect nor shall the Nevada tax commission consent to any transfer of legislative jurisdiction unless under the applicable laws of the United States:
1. This state shall have jurisdiction to tax private persons, private transactions, and private property, real and personal, resident, occurring, or situated within such land or other area to the same extent that this state has jurisdiction to tax such persons, transactions, and property resident, occurring, or situated generally within this state.
2. Any civil or criminal process lawfully issued by competent authority of this state or any of its political subdivisions may be served and executed within such land or other area to the same extent and with the same effect as such process may be served and executed generally within this state, except that the service and execution of such process within land or other areas over which the Federal Government exercises jurisdiction shall be subject to such rules and regulations issued by authorized officers of the Federal Government, or of any department, independent establishment or agency thereof, as may be reasonably necessary to prevent interference with the carrying out of federal functions.
κ1960 Statutes of Nevada, Page 368 (CHAPTER 203, AB 247)κ
any department, independent establishment or agency thereof, as may be reasonably necessary to prevent interference with the carrying out of federal functions.
3. This state shall exercise over such land or other areas the same legislative jurisdiction which it exercises over land or other areas generally within this state, except that the United States shall not be required to forego such measure of exclusive legislative jurisdiction as may be vested in or retained by it over such land or other area pursuant to this act, and without prejudice to the right of the United States to assert and exercise such concurrent legislative jurisdiction as may be vested in or retained by it over such land or other area.
Sec. 4. Nothing in this act shall be construed to prevent or impair any transfer of legislative jurisdiction to this state occurring by operation of law.
Sec. 5. The legislature intends that the provisions of this section apply only to transfers of legislative jurisdiction between the State of Nevada and the United States, and the methods by and conditions under which the United States may acquire lands or other areas, or interests therein, from the State of Nevada are governed by the provisions of NRS 328.010 to 328.200, inclusive.
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Assembly Bill No. 246Mr. Buckingham
CHAPTER 204
AN ACT to amend NRS sections 403.020 and 403.040, relating to boards of county highway commissioners, by providing that such boards shall consist of the county commissioners of each county; by providing for the number to constitute a quorum; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 403.020 is hereby amended to read as follows:
403.020 1. The board of county highway commissioners of each of the several counties shall consist of [five] three members, or [seven] five members if the number of county commissioners is five. The board shall be composed of the regularly elected and qualified county commissioners. [, the county assessor, and the district attorney.]
2. Members shall hold office until their successors are duly elected or appointed, and qualified.
Sec. 2. NRS 403.040 is hereby amended to read as follows:
403.040 1. The board of county highway commissioners must hold regular meetings monthly on or about the 1st day of each month.
2. Special meetings may be called by the chairman, but no bills shall be allowed at special meetings. Every member shall be notified of special meetings in ample time to attend.
κ1960 Statutes of Nevada, Page 369 (CHAPTER 204, AB 246)κ
3. [Three] In counties having three county commissioners, two members shall constitute a quorum, but a majority vote of all the members shall be required at all times for the passing of any motion. In counties having five county commissioners, three members shall constitute a quorum, but a majority vote of all the members shall be required at all times for the passing of any motion.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 243Committee on Social Welfare
CHAPTER 205
AN ACT to amend NRS section 281.210, relating to employment of relatives by public officers, by making the nepotism law apply to the wives of the superintendents of the Nevada school of industry and the Nevada state childrens home and excepting relatives of blind personnel of the state welfare department from provision prohibiting such employment when employed as drivers for such personnel.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.210 is hereby amended to read as follows:
281.210 1. Except as provided in this section, it shall be unlawful for any individual acting as a school trustee, state, township, municipal or county official, or for any board, elected or appointed, to employ in any capacity on behalf of the State of Nevada, or any county, township, municipality or school district thereof, any relative of such individual or of any member of such board, within the third degree of consanguinity or affinity.
2. This section shall not be construed to apply:
(a) To school districts, when the teacher of other school employee so related is not related to more than one of the trustees by consanguinity or affinity and shall receive a unanimous vote of all members of the board of trustees.
(b) To school districts, when the teacher or other school employee so related has been employed by an abolished school district or educational district, which constitutes a part of the employing county school district, and the county school district for 4 years or more prior to April 1, 1957.
(c) To [the wives of the superintendents of the Nevada school of industry and the Nevada state childrens home, and] the wife of the warden of the Nevada state prison.
(d) To relatives of blind officers and employees of the state welfare department when such relatives are employed as automobile drivers for such officers and employees.
3. Nothing in this section shall:
(a) Prevent any officer in this state, employed under a flat salary, from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.
κ1960 Statutes of Nevada, Page 370 (CHAPTER 205, AB 243)κ
from employing any suitable person to assist in any such employment, when the payment for any such service shall be met out of the personal funds of such officer.
(b) Be deemed to disqualify any widow with a dependent or dependents as an employee of any officer or board in this state, or any of its counties, townships, municipalities or school districts.
4. No person employed contrary to the provisions of this section shall be entitled to or allowed compensation for such employment.
5. Any person violating any provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not less than 30 days nor more than 6 months, or by both fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 217Committee on Agriculture and Irrigation
CHAPTER 206
AN ACT to amend NRS section 552.210, relating to importation of bees, beehives and appliances, and pollination permits, by requiring that 1 percent or less disease has been found in apiaries in the 2 years preceding importation and that all such disease has been destroyed; to amend chapter 552 of NRS, relating to bees and apiaries, by adding a new section requiring a renewal registration fee annually on each original hive and any increase; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 552.210 is hereby amended to read as follows:
552.210 1. No person may ship or transport into the State of Nevada any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a special pollination permit issued by the department.
2. The department may issue a special pollination permit for the importation of bees on comb and boxes containing comb into a designated district of this state from another state for a period not to exceed 6 months if the applicant:
(a) Submits an application on forms supplied by the department stating:
(1) The number of hives or the number of boxes containing comb, or both, to be moved.
(2) The locality, city or cities (if any), the county, or counties, and the state of origin of the hives or boxes of comb.
(3) The property, locality and county in which the hives or boxes of comb will be placed.
(4) The proposed date of entry into the State of Nevada.
κ1960 Statutes of Nevada, Page 371 (CHAPTER 206, AB 217)κ
(5) Facts pertaining to the purpose for which the bees and boxes of comb, or both, are to be moved, including evidence establishing the existence of a contract or agreement for pollination service.
(6) In affidavit form, that no drugs of any kind have been fed to the bees for the treatment of American foul brood disease during 6 months prior to application for the permit.
(b) Files with the department, not less than 72 hours in advance of entry, a certificate of a duly authorized officer of the state of origin certifying:
(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 30 days of the date of the issuance of the certificate at a time when the bees are actively rearing their brood; and
(2) That [no] 1 percent or less American foul brood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant [; and] , and that all disease found during such time has been destroyed; and
(3) The numbers of hives of bees, nuclei of bees, supers of drawn comb, city and county of origin and date of inspection.
(c) Notifies the department immediately upon arrival in this state, registers apiary locations, and pays the registration fee of 25 cents per hive.
3. Each shipment shall be accompanied by a copy of the permit of entry issued by the department and a copy of the certificate of inspection required by this section.
4. The department may issue a permit for the importation into the State of Nevada of used extractors, honey tanks, honey cans, uncapping equipment, tops, bottoms, empty supers and empty hive bodies, if the applicant submits a certificate from a duly authorized apiary inspector certifying that such equipment has been sterilized by boiling in lye water for not less than 30 minutes, or by any other method officially approved by the department.
5. If any bees, used hives, honeycombs or appliances entering the State of Nevada are found to be diseased at the time of inspection in this state, the shipment shall be quarantined in the same manner as provided in NRS 552.200, and shall be either destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
6. All honeycombs transported from point outside the State of Nevada through this state in interstate commerce shall be covered by the person in possession in a manner which will prevent access of bees.
7. All bees, used hives, honeycombs or appliances entering the State of Nevada in violation of the provisions of this chapter shall be either destroyed or shipped out of this state at the option and expense of the owner or person in possession.
Sec. 2. Chapter 552 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1960 Statutes of Nevada, Page 372 (CHAPTER 206, AB 217)κ
Each person who has transported bees into the state under the provisions of NRS 552.210 shall pay an annual renewal registration fee of 25 cents per hive on both the hives originally imported and any increase.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 206Messrs. Buckingham, Jones, Humphrey (Esmeralda), DeSpain and Knisley
CHAPTER 207
AN ACT to amend chapter 244 of NRS, relating to county government, by adding a new section providing that county commissioners may propose salary increases for certain county officers and employees to the legislature only by adopting a resolution after a public meeting; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any board of county commissioners which intends to propose to the legislature an increase in salary for any officer or employee of such county whose salary is fixed by the legislature may do so only by adopting a resolution to that effect after a public meeting as provided in this section.
2. The board shall publish a notice of its intention to adopt any such resolution, containing the text of the proposed resolution and the date and place of the meeting to be held thereon, once on each of 4 different days in a newspaper of general circulation in the county. If there is no such newspaper, the notice shall be posted in three public places in the county for a period of at least 1 week prior to the date fixed for the public meeting.
3. If, after such public meeting, the board of county commissioners votes to adopt such resolution, the resolution may be presented to the legislature.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 373κ
Assembly Bill No. 199Miss Herr, Messrs Viani, Bay, Seifers, Christensen (Clark), Ryan, DeSpain and Collins
CHAPTER 208
AN ACT relating to the leasing of real property by boards of county commissioners; to amend chapter 244 of NRS, relating to county government, by creating a new provision relating to the procedure for boards of county commissioners to lease real property belonging to the county; authorizing county commissioners to execute leases with terms longer than their terms of office; to amend NRS section 244.275, relating to the lease and purchase of real and personal property by boards of county commissioners, by authorizing the execution of leases with terms longer than the terms of county commissioners; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When the board of county commissioners determines that the lease of real property belonging to the county for industrial or recreational purposes is necessary, the board shall have the power to lease such real property, whether acquired by purchase, dedication or otherwise. The provisions of this subsection shall not be construed to permit the lease of any real property in contravention of any condition in a gift or devise of real property to the county.
2. Before ordering the lease of any property the board shall, in open meeting by a majority vote of the members, adopt a resolution declaring its intention to lease the property. The resolution shall:
(a) Describe the property proposed to be leased in such manner as to identify it.
(b) Specify the maximum rental, and the terms upon which it will be leased.
(c) Fix a time, not less than 3 weeks thereafter, for a public meeting of the board to be held at its regular place of meeting, at which sealed proposals to lease will be received and considered.
3. Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by:
(a) Posting copies of the resolution in three public places in the county not less than 15 days before the date of the meeting; and
(b) Publishing the resolution not less than once a week for 2 successive weeks before the meeting in a newspaper of general circulation published in the county, if any such newspaper is published therein.
4. At the time and place fixed in the resolution for the meeting of the board, all sealed proposals which have been received shall, in public session, be opened, examined and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to lease and which are made by responsible bidders, the proposal which is the highest shall be finally accepted, unless a higher oral bid is accepted or the board rejects all bids.
5. Before accepting any written proposal, the board shall call for oral bids.
κ1960 Statutes of Nevada, Page 374 (CHAPTER 208, AB 199)κ
oral bids. If, upon the call for oral bidding, any responsible person offers to lease the property upon the terms and conditions specified in the resolution, for a rental exceeding by at least 5 percent the highest written proposal, then the highest oral bid which is made by a responsible person shall be finally accepted.
6. The final acceptance by the board may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following.
7. The board may, either at the same session or at any adjourned session of the same meeting held within the 10 days next following, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from lease.
8. Any resolution of acceptance of any bid made by the board shall authorize and direct the chairman to execute a lease and to deliver it upon performance and compliance by the lessee with all the terms or conditions of his contract which are to be performed concurrently therewith. The provisions of NRS 244.320 shall not apply concerning the resolution of acceptance and the execution of a lease under the provisions of this section.
9. All moneys received from rentals of real property shall be deposited forthwith with the county treasurer to be credited to the county general fund.
Sec. 2. NRS 244.275 is hereby amended to read as follows:
244.275 1. The board of county commissioners shall have power and jurisdiction in their respective counties [to lease or purchase any real or personal property necessary for the use of the county.] :
(a) To purchase any real or personal property necessary for the use of the county.
(b) To lease any real or personal property necessary for the use of the county. The provisions of NRS 244.320 shall not apply concerning leases of real property, and members of the board shall be allowed to vote on any contract or lease which extends beyond their terms of office.
2. No purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons to be appointed for that purpose by the district judge. The persons so appointed shall be sworn to make a true appraisement thereof according to the best of their knowledge and ability.
3. Notwithstanding the provisions of NRS 354.010, the board of county commissioners may enter into conditional sales contracts or other contracts providing for deferred payment of the purchase price of any equipment, supplies, materials or other personal property purchased for the county, but as provided in NRS 244.320, no member of the board shall be allowed to vote on any contract which extends beyond his term of office.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 375κ
Assembly Bill No. 175Messrs. Bailey and Pozzi
CHAPTER 209
AN ACT to amend NRS section 397.060, relating to contracts between the state and Nevada students for education in out-of-state institutions, by limiting the amount of money which such students must repay.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 397.060 is hereby amended to read as follows:
397.060 1. The commissioners shall:
(a) Choose from among Nevada residents who apply those most qualified for contract places; and
(b) Certify them to receiving institutions.
2. Before certifying a student the commissioners shall, on behalf of the state, enter into a written contract with the student. The contract shall:
(a) Set forth the methods and terms of repayment by the student to the state and shall be on terms and conditions and in a form provided by the commissioners.
(b) Provide that the student shall, within 1 year after completing his professional education and internship, begin the practice of his profession within Nevada.
(c) Provide that if the student engages in the practice of his profession within the state his indebtedness to the state may be discharged:
(1) If he practices his profession in a city or town of 3,000 population or less, at the rate of 1 year of practice for each 1 year of study for which a portion of the cost was paid by the state; or
(2) By payment to the state of all sums [expended by the state for and in behalf of] owed by the student within 6 years after the completion of his profession education and internship together with interest at the rate of 4 percent per annum from the date or dates of disbursement by the state.
3. No student shall be required to repay to the state more than an amount equal to the tuition he would have been required to pay as an out-of-state student for the period of his attendance at the university he attends, notwithstanding that the state may have expended a larger amount on his behalf.
Sec. 2. This act shall become effective upon passage and approval.
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κ1960 Statutes of Nevada, Page 376κ
Assembly Bill No. 172Mr. Young (by request)
CHAPTER 210
AN ACT to amend chapter 575 of NRS, containing miscellaneous provisions relating to animals, by creating a new provision authorizing the state board of stock commissioners to sell certain animals in the possession of persons unable to prove ownership thereof; providing for disposition of the proceeds of such sales; defining a term; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 575 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, unless the context required otherwise, board means the state board of stock commissioners.
2. Any cattle, horses or mules found by the board or an authorized representative of the board to be in the possession of any person who does not have satisfactory evidence of the ownership or right to possession thereof may be impounded by the board or such representative without liability at the expense of the owner, until the ownership of such animal or animals is established.
3. After the expiration of 10 days from the date such animal or animals are impounded, if the board cannot with reasonable diligence determine the lawful owner thereof, such animal or animals may be sold by the board in the manner provided in chapter 569 of NRS. All expenses incurred by the board in the keeping of such animal or animals and in the sale thereof shall be paid out of the proceeds of such sale.
4. Except as provided in subsection 5, the net proceeds of any such sale shall be held for a period of 1 year, subject to the claim of any person who can establish legal title to any animal concerned. All moneys remaining unclaimed shall be deposited in the stock inspection fund after the period of 1 year. The board may disallow all claims if it deems the claims illegal or if satisfactory evidence of title is not shown.
5. If such animal or animals are consigned to a public livestock market for sale at such market, the proceeds of such sale shall be kept by the board, or, if the board deems it advisable, by such public livestock market, for a period of 30 days, to permit the consignor to prove his legal ownership or his right to sell such animal or animals. If such consignor is unable to prove his ownership to or his right to sell such animal or animals, such proceeds shall be disposed of as provided in subsection 4.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 377κ
Assembly Bill No. 70Mr. Swackhamer
CHAPTER 211
AN ACT appropriating the sum of $50,000 to the state public hospital construction assistance fund for the purpose of constructing the Battle Mountain General Hospital (sometimes called the Lander County General Hospital) at Battle Mountain, Lander County, Nevada; expressly limiting the use of such appropriated funds; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing money in the state public hospital construction assistance fund, created pursuant to the provisions of NRS 449.400, for the express and only purpose stated in section 2, there is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the state public hospital construction assistance fund.
Sec. 2. Notwithstanding the provisions of any other law, the state department of health shall not expend any of the moneys appropriated by section 1 except for the construction of the Battle Mountain General Hospital (sometimes called the Lander County General Hospital) at Battle Mountain, Lander County, Nevada, pursuant to the provisions of the Nevada Hospital Survey and Construction Act, being NRS 449.250 to 449.430, inclusive. As used in this section, construction has the same definition as is contained in subsection 1 of NRS 449.260. If no application for a hospital construction project relating to the Battle Mountain General Hospital (sometimes called the Lander County General Hospital) is made to the state department of health within 8 years from the effective date of this act, then the moneys appropriated by section 1 shall revert to the general fund in the state treasury notwithstanding the provisions of NRS 449.400.
Sec. 3. The state controller is hereby authorized and directed to transfer the sum appropriated by section 1 forthwith from the general fund to the state public hospital construction assistance fund.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 378κ
Senate Bill No. 130Committee on Finance
CHAPTER 212
AN ACT authorizing and directing the state planning board to cause to be constructed, equipped and furnished in a minimum manner an engineering building at the University of Nevada, Reno, Nevada, at a cost not exceeding the sum of $2,688,272; appropriating the sum of $1,188,272 from the general fund in the state treasury for the purpose of construction, equipment and minimum furnishing in part of such building; providing that the balance necessary to complete such building shall be provided from the proceeds of the sale of general obligation negotiable coupon bonds of the State of Nevada issued and sold pursuant to law; prescribing the powers, duties and responsibilities of the state planning board, the board of regents of the University of Nevada and the attorney general in connection therewith; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state planning board is hereby authorized and directed to cause to be constructed, equipped and furnished in a minimum manner an engineering building at the University of Nevada, Reno, Nevada, at a cost not exceeding the sum of $2,688,272. For the support of the state planning board in carrying out the provisions of this act for the construction, equipment and minimum furnishing of such building in part there is hereby appropriated from the general fund in the state treasury the sum of $1,188,272. The balance of not to exceed $1,500,000 necessary to complete such building shall be provided from the proceeds of the sale of general obligation negotiable coupon bonds of the State of Nevada issued and sold pursuant to law.
Sec. 2. The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to construction, equipment and minimum furnishings provided for in this act.
Sec. 3. The board of regents of the University of Nevada and the state planning board shall cooperate in carrying out the provisions of this act. All plans and specifications for the whole or part or parts of the construction, equipment and minimum furnishings shall be approved by the board of regents of the University of Nevada and each contract shall be approved by the attorney general before any such contract may be let.
Sec. 4. The state planning board may employ competent architects, whether or not registered under the provisions of chapter 623 of NRS, who in turn shall employ competent structural, mechanical and electrical engineers registered under the provisions of chapter 625 of NRS 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 of the construction of the building herein designated. Approved plans and specifications shall be on file at a place and time stated in such advertisement for the inspection of contractors desiring to bid thereon and for others interested in the matter. The state planning board may accept bids on either the whole or on a part or parts of the construction, equipment and minimum 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 its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
κ1960 Statutes of Nevada, Page 379 (CHAPTER 212, SB 130)κ
part or parts of the construction, equipment and minimum 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 its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 268Clark County and Washoe County Delegations
CHAPTER 213
AN ACT to amend an act entitled An Act to amend chapter 244 of NRS, relating to county government, by adding new sections providing for the election of five county commissioners in counties having 50,000 or more population; to amend NRS sections 244.010, 244.020, 244.025, 244,050, 403.020 and 450.140, relating to the number, qualifications and election of county commissioners, to commissioner districts and to members of boards of county highway commissioners and county boards of hospital trustees, by making changes necessitated by the addition of such new sections; to repeal NRS section 244.015, relating to the procedure for increasing the number of county commissioners; and providing other matters properly relating thereto, approved March 3, 1960.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10 of the above-entitled act, being chapter 85, Statutes of Nevada 1960, is hereby amended to read as follows:
Section 10. Each county commissioner who is an incumbent in such office on the effective date of this act shall be entitled to serve the remainder of the term for which he was elected. Any such incumbent county commissioner who resides in an incorporated city other than the county seat shall be deemed to represent the county at large for the remainder of his term.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 380κ
Assembly Bill No. 130Messrs. Christensen (Clark), Gibson, Bunker and Misses Herr and Frazier
CHAPTER 214
AN ACT to amend NRS section 205.130, relating to issuance of checks and other instruments without sufficient funds with intent to defraud, by providing that a person who issues a check without sufficient funds with intent to defraud and who has been previously convicted three times of the offense or an offense of a similar nature in this or another state or in a federal jurisdiction is guilty of a felony, and by providing a penalty therefor; by providing for prima facie evidence of insufficient funds; by providing exceptions; by providing a presumption of an act of malicious prosecution if a complainant refuses to testify; by requiring the posting of notices in certain places; and providing other matters properly relating thereto.
[Approved March 14, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.130 is hereby amended to read as follows:
205.130 1. Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be [deemed] guilty of a misdemeanor and shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than 6 months, or by a fine not to exceed $500, or both such fine and imprisonment [.] ; but any person having been previously convicted three times of this offense, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years.
2. The word credit as used herein shall be construed to be an arrangement or understanding with the person, firm, corporation, bank or depositary for the payment of such check, order or draft.
3. [If payment of money is refused on any instrument mentioned above calling for the payment of money, because the maker has insufficient money with the drawee to meet and make payment of the same, and the person who shall make, pass, utter or publish the instrument shall fail to deposit with the person, bank, firm, partnership or corporation upon which the paper is drawn, within 10 days from the date the instrument was presented for payment, a sufficient sum to pay the amount called for in the instrument, or shall fail to pay to the person holding the instrument the amount thereof, together with any protest fees that have been paid thereon, it shall be prima facie evidence that the person who made, passed, uttered or published the instrument intended to defraud.
κ1960 Statutes of Nevada, Page 381 (CHAPTER 214, AB 130)κ
with any protest fees that have been paid thereon, it shall be prima facie evidence that the person who made, passed, uttered or published the instrument intended to defraud.
4. If any person shall sign his name to a check or draft which has inscribed over his signature the words I hereby represent that the amount called for in this instrument is on deposit to my credit free of any claim, and acknowledge that this amount has been paid to me upon representation of such fact, and payment of such check or draft is thereafter refused by the person, bank, firm, partnership or corporation upon which it is drawn, because such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of the instrument to meet and make payment of the same, it shall be prima facie evidence that the person who made, passed, uttered or published the instrument intended to defraud.] As against the maker or drawer thereof, the making, drawing, uttering or delivering of any check for the purpose of obtaining money, merchandise, property, credit, thing of value or payment of obligation upon any bank, depositary, person, firm or corporation, payment of which is refused by the drawee when presented in the usual course of business, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depositary, if such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the protest fees, within 10 days after receiving notice that such check, draft or order has not been paid by the drawee.
4. If, pursuant to the provisions of this section, a complainant causes a criminal action to be commenced against a person charging such person with a violation of this section, and thereafter the complainant refuses to testify in such action, it shall be presumed from such fact or facts that the complainant has engaged in an act of malicious prosecution or abuse of process.
5. A notice in bold-face type clearly legible and in substantially the following form shall be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check without funds or with insufficient funds with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or both, or where the total amount exceeds $100, may be punishable by imprisonment in the state prison for not less than 1 year nor more than 10 years.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of state printing. The superintendent of state printing shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.
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κ1960 Statutes of Nevada, Page 382κ
Senate Bill No. 161Committee on State and County Affairs
CHAPTER 215
AN ACT to amend NRS sections 422.070 to 422.090, inclusive, relating to the composition of the state welfare board and terms of office of members, by removing county commissioners as members; by providing for replacements to be appointed by the governor; by establishing residence requirements; by providing for staggered terms of members; and by providing other matters properly relating thereto.
[Approved March 15, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 422.070 is hereby amended to read as follows:
422.070 There is hereby created in the state welfare department a bipartisan state welfare board composed of seven members [, three of whom shall be] appointed by the governor. Not more than four of such members shall be members of the same political party.
Sec. 2. NRS 422.080 is hereby amended to read as follows:
422.080 The members shall be selected on the basis of their recognized interest in and knowledge of the field of public welfare, and so selected on a geographic basis as to give statewide representation. Not more than two members shall be residents of the same county.
Sec. 3. NRS 422.090 is hereby amended to read as follows:
422.090 1. The terms of office of the [three] members [appointed by the governor] shall be 4 years. [, but the first appointee shall be appointed for 2 years, the second appointee shall be appointed for 3 years and the third appointee shall be appointed for 4 years, and thereafter all members shall be appointed for 4-year terms.
2. Each of the boards of county commissioners in the state shall designate one of its own members as its representative in an electoral group. This electoral group then shall choose from among its members four persons who shall thereafter constitute the other four members of the state welfare board. The terms of office of the members of the board selected from the electoral group shall expire with their terms of office as county commissioners or with the expiration of the terms of the boards of county commissioners of which they are members, whichever event shall be the sooner.
3.] 2. No member of the board may serve more than two consecutive terms.
Sec. 4. 1. The three members of the board appointed by the governor who are incumbents in such office on July 1, 1960, shall be entitled to serve the remainder of the terms for which they were appointed. At the expiration of each such term, the governor shall appoint a member for a term of 4 years.
2. As soon as practicable after July 1, 1960, the governor shall appoint four members to fill the offices previously held by four county commissioners. Two members shall be appointed for terms of 2 years and two for terms of 4 years. Thereafter, all members shall be appointed for terms of 4 years.
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κ1960 Statutes of Nevada, Page 383κ
Senate Bill No. 133Committee on Public Health
CHAPTER 216
AN ACT to amend NRS sections 286.540 and 286.550, relating to disability and service retirement allowances, by increasing the monthly disability or service retirement allowance for members who retired prior to January 1, 1960.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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 $600 in any 1 calendar month or $7,200 in any 1 calendar year shall be used in calculating the average salary; and
(b) 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.
(c) That on and after July 1, 1960, the minimum monthly disability or service retirement allowance for members who retired prior to January 1, 1960, shall be:
Service of 10 year or less................................................................................. $75
Service of 11 years............................................................................................ 80
Service of 12 years............................................................................................ 85
Service of 13 years............................................................................................ 90
Service of 14 years............................................................................................ 95
Service of 15 years............................................................................................ 100
Service of 16 years............................................................................................ 105
Service of 17 years............................................................................................ 110
Service of 18 years............................................................................................ 115
Service of 19 years............................................................................................ 120
Service of 20 years............................................................................................ 125
(d) That the minimums established in paragraph (c) are applicable only to unmodified allowances, and that members or beneficiaries of members receiving allowances under optional plans shall receive only such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
2. The objective of this chapter shall be deemed applicable to police officers and firemen with 20 continuous years of credit in the system and who have reached the age of 55 years, and to other employees with 20 continuous years of credit in the system and who have reached the age of 60 years.
κ1960 Statutes of Nevada, Page 384 (CHAPTER 216, SB 133)κ
and who have reached the age of 55 years, and to other employees with 20 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.
Sec. 2. NRS 286.550 is hereby amended to read as follows:
286.550 1. Upon retirement from the service of a participating employer after 20 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:
(a) That no sum in excess of $600 in any 1 calendar month or $7,200 in any 1 calendar year shall be used in calculating the average salary; and
(b) 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.
(c) That on and after July 1, 1960, the minimum monthly disability or service retirement allowance for members who retired prior to January 1, 1960, shall be:
Service of 10 years or less................................................................................ $75
Service of 11 years............................................................................................ 80
Service of 12 years............................................................................................ 85
Service of 13 years............................................................................................ 90
Service of 14 years............................................................................................ 95
Service of 15 years............................................................................................ 100
Service of 16 years............................................................................................ 105
Service of 17 years............................................................................................ 110
Service of 18 years............................................................................................ 115
Service of 19 years............................................................................................ 120
Service of 20 years............................................................................................ 125
(d) That the minimums established in paragraph (c) are applicable only to unmodified allowances, and that members or beneficiaries of members receiving allowances under optional plans shall receive only such increase as they would have received had the unmodified allowance of the member been at the indicated minimum at the time of such members retirement.
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.
κ1960 Statutes of Nevada, Page 385 (CHAPTER 216, SB 133)κ
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.
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Senate Bill No. 85Committee on Labor
CHAPTER 217
AN ACT to amend Title 53 of NRS, relating to labor, by adding a chapter providing for the licensing and regulation of farm labor contractors; defining terms; providing for the granting, denial, revocation, suspension, expiration and renewal of licenses; prescribing the powers and duties of the executive director of the state department of agriculture; providing for judicial review; providing penalties; requiring bonds; prescribing the duties of farm labor contractors; creating the farm labor contractors fund and specifying receipts thereto and authorizing expenditures therefrom; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 53 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 16, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context requires otherwise:
1. Commissioner means the executive director of the state department of agriculture.
2. Farm labor contractor means any person who, for an agreed remuneration or rate of pay, recruits, solicits, supplies or employs worker to perform farm labor for another in connection with the production or harvesting of row crops, cotton and all plants grown exclusively for seed, which plants are not used for forage until the seed has been extracted, or who, in connection with the recruitment or employment of farm labor, furnishes board, lodging or transportation for workers.
Farm labor contractor does not include:
(a) Farmers and their permanent employees.
(b) Sheep shearers or shearing captains.
(c) Individual engaged in the solicitation or recruitment of persons for day-haul work on a farm or in connection with the growing, production or harvesting of farm products.
(d) An employment agency licensed pursuant to the provisions of chapter 611 of NRS.
(e) A member of a group of farm workers who acts as spokesman for such group, travels with the group from another state to this state, or performs agricultural work with other members of such group.
κ1960 Statutes of Nevada, Page 386 (CHAPTER 217, SB 85)κ
Sec. 3. Except as provided in section 7, no person may act as a farm labor contractor without having in his possession a valid license issued to him by the commissioner. If a license is lost or destroyed, the commissioner may issue a duplicate thereof.
Sec. 4. 1. Any person may file an application for a license to act as a farm labor contractor with the commissioner or with a free public employment office established by the executive director of the employment security department pursuant to NRS 612.330. The application shall be made to the commissioner, in writing, under oath on forms prescribed by the commissioner, and shall contain the following information:
(a) The name, address and citizenship of the applicant.
(b) The make, model, motor number and serial number of all motor vehicles to be used by the applicant in his operation as a farm labor contractor.
(c) Whether the applicant has had a license denied or revoked under the provisions of this chapter within 3 years preceding such application.
(d) The names and addresses of all persons financially interested, whether as partners, shareholders, associates or profit sharers, in the applicants proposed operations as a farm labor contractor, together with the amounts of their respective interests, and whether, to the best knowledge of the applicant, any such person has had a license denied or revoked under the provisions of this chapter within 3 years from the date of such application.
2. Each applicant shall furnish a sworn, written statement, containing any information required by the commissioner, concerning the applicants character, competence and responsibility, and the manner and method by which he proposes to conduct his operations as a farm labor contractor.
3. Each applicant shall furnish satisfactory proof of the existence of a policy of liability insurance in an amount to be approved by the commissioner. Such policy shall insure the applicant for the period for which the license is sought against liability for injury to persons and damage to property arising out of the applicants operation or ownership of any motor vehicle used for the transportation of workers in connection with his operation as a farm labor contractor. The certificate of an insurance agent licensed to do business in the State of Nevada constitutes satisfactory proof of insurance.
4. Each application shall be accompanied by a fee of $10.
Sec. 5. 1. Each applicant for a license to operate as a farm labor contractor shall make and file with the commissioner a good and sufficient bond executed by the applicant with a good and sufficient surety in the penal sum of $5,000, payable to the State of Nevada.
2. Such bond shall be conditioned that the obligor will not violate any of the duties, conditions or requirements provided in this chapter, and that the applicant will not make any false representation or statement to any person soliciting any assistance from him for employees or employment.
κ1960 Statutes of Nevada, Page 387 (CHAPTER 217, SB 85)κ
Sec. 5.5. The free public employment office in which an application is filed under section 4 shall immediately forward the application form and accompanying statements to the commissioner if:
1. Satisfactory evidence of adequate insurance has been furnished under subsection 3 of section 4;
2. The applicant has paid in advance the required fee of $10; and
3. The bond required by section 5 is made and filed with the application.
Sec. 6. 1. The commissioner shall investigate each applicants character, competence and reliability, and any other matters relating to the manner and method by which he proposes to conduct his operations as a farm labor contractor.
2. The commissioner shall grant a license within 15 days after the date of application if he is satisfied as to the applicants character, competence and reliability.
3. Any person may protest the granting of a license to any applicant at any time, and the commissioners shall give such person an opportunity to state the reasons for his protest.
Sec. 7. 1. The commissioner shall issue a temporary permit to the applicant, valid for not more than 15 days, if the following conditions are met:
(a) The application is complete on its face.
(b) The applicant has furnished satisfactory proof of adequate liability insurance.
(c) The applicant has paid the $10 fee required by section 4.
(d) The applicant has not had a license denied or revoked under the provisions of this chapter within 3 years immediately preceding the date of application.
2. If the commissioner neither approves nor rejects the application within 15 days after it is filed, he may renew it for an additional period not to exceed 5 days. If the license is denied, such temporary permit shall expire immediately.
Sec. 8. Each license shall contain the following information:
1. The name and address of the licensee.
2. The number, date of issuance and expiration date of the license, and a statement that the license is not valid after the expiration date.
3. A statement that the license is not transferable or assignable.
Sec. 9. 1. Each license expires on December 31 following the date of issuance, unless sooner revoked by the commissioner.
2. A license may be renewed each year upon payment, in advance, of a fee of $10; but the commissioner may require any person seeking renewal to file a new application pursuant to the provisions of section 4, and may conduct a new investigation of the applicants character, competence and reliability, and of any other matter relating to the manner by which he proposes to conduct and has conducted his operations as a farm labor contractor.
Sec. 10. Each person licensed to act as a farm labor contractor shall:
1. Carry his license with him at all times and exhibit it upon request to any person with whom he intends to deal in his capacity as a farm labor contractor.
κ1960 Statutes of Nevada, Page 388 (CHAPTER 217, SB 85)κ
request to any person with whom he intends to deal in his capacity as a farm labor contractor.
2. File at the United States post office serving his address, as noted on the license, a correct change of address if he permanently changes his address, and notify the commissioner each time he changes his address.
3. Pay or distribute promptly, when due, to the individuals entitled thereto, all money or property entrusted to him by any person for that purpose.
4. Comply with the terms and provisions of all legal and valid agreements or contracts he has entered into in his capacity as a farm labor contractor.
5. File a current report with the commissioner containing all information relating to his work agreements with farmers and workers, including wages and work to be performed, and any other information required by the commissioner. Such report shall be posted in accordance with regulations adopted by the commissioner.
Sec. 11. No person licensed to act as a farm labor contractor, or applying for such a license, shall:
1. Make any misrepresentation, false statement or willful concealment in his application for a license.
2. Willfully make or cause to be made to any person any false, fraudulent or misleading representation, or publish or circulate any false, fraudulent or misleading information, concerning the terms, conditions or existence of employment at any place or by any person.
3. Do any act in his capacity as a farm labor contractor, or willfully cause any act to be done, which constitutes a felony under any law of this state.
4. Solicit or induce, or cause to be solicited or induced, the violation of any contract of employment.
Sec. 12. The commissioner may revoke, suspend or refuse to renew a license to act as a farm labor contractor if:
1. The licensee or his agent has violated or refused or failed to comply with any provision of this chapter.
2. The conditions under which the license was granted have changed or no longer exist.
3. The licensees character, competence or reliability makes him unfit to act as a farm labor contractor.
Sec. 13. 1. If any applicant or licensee whose license has been denied, revoked, suspended or refused renewal requests a hearing, a hearing shall be held by the commissioner upon at least 10 days written notice.
2. The commissioner shall employ a court stenographer for the purpose of reporting all testimony heard at such hearing. Such stenographer shall accurately report all such testimony, and shall furnish the commissioner and the applicant or licensee with a written copy of a transcript of such testimony.
3. After such hearing, the commissioner may change or modify any order previously made concerning the denial, revocation, suspension or refusal to renew such a license.
κ1960 Statutes of Nevada, Page 389 (CHAPTER 217, SB 85)κ
4. The commissioner shall issue his ruling within 10 days after such hearing, and shall furnish the applicant or licensee with a copy of such ruling.
Sec. 14. 1. Any person adversely affected by the ruling of the commissioner after such a hearing may, within 20 days after such hearing, obtain a review of such ruling by filing in the district court a written petition praying that the ruling be set aside and serving a copy thereof upon the commissioner. The court may stay the effect of such ruling pending the outcome of such review.
2. Upon the filing of such a petition, the commissioner shall furnish the court with a copy of the transcript of proceedings at the hearing, together with all records, files and evidence produced at such hearing.
Sec. 15. All fees and other money received by the commissioner under the provisions of this chapter shall be deposited in the farm labor contractors fund, which fund is hereby created. Such fund shall be kept on deposit in some bank legally authorized and approved for the deposit of state funds, subject to the order of the commissioner. The farm labor contractors fund shall be used by the commissioner for the administration and enforcement of this chapter.
Sec. 16. A violation of any provision of this chapter is a gross misdemeanor.
Sec. 17. This act shall become effective upon passage and approval.
________
Senate Bill No. 66Committee on Banks, Banking and Corporations
CHAPTER 218
AN ACT to amend NRS section 682.380, relating to investments in some types of securities by domestic insurance companies, by increasing the alternative limit on investment in any one mortgage or any one bond issue from $15,000 to $30,000.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 682.380 is hereby amended to read as follows:
682.380 1. Any domestic company may invest in entire first mortgages on improved unencumbered real property or the entire issue of bonds secured thereby located within this state and worth at least 50 percent more than the amount loaned thereon, the worth to be substantiated by the appraisal of three landowners, or by a recognized and experienced real estate appraiser, which appraisal the commissioner may accept if he is satisfied that the appraisers are competent and disinterested; provided:
(a) There is and has been no default in the payment of any part of the principal and there is no default in interest; and
(b) The investment in any one mortgage or any one issue of bonds does not exceed [$15,000] $30,000 or 2 percent of the companys admitted assets, whichever is the greater.
κ1960 Statutes of Nevada, Page 390 (CHAPTER 218, SB 66)κ
does not exceed [$15,000] $30,000 or 2 percent of the companys admitted assets, whichever is the greater.
Before making such investment, a certificate of the value of such property, based on such appraisal, shall be executed by the board of directors or by an investment committee of the board of directors making or authorizing such investment on behalf of the company.
2. By improved real property, as used in this section, is meant all farmland which has been reclaimed and is used for the purpose of husbandry, whether for tillage or pasture, and all real property within the limits of an incorporated village, town or city on which permanent buildings suitable for residence or commercial use are situated.
3. Real property for the purposes of this section shall not be deemed to be encumbered within the meaning of this section by reason of the existence of instruments reserving rights-of-way, sewer rights and rights in walls, nor by reason of building restrictions or other restrictive covenants, not by reason of the fact that it is subject to lease under which rents or profits are reserved to the owner, if the security for such investment is a full and unrestricted first lien upon such real property and there is no condition nor right of reentry or forfeiture under which such investments can be cut off, subordinated or otherwise disturbed.
4. Notwithstanding the restrictions set forth in this section, any domestic company may invest in bonds or notes secured by mortgage or trust deed insured by the Federal Housing Administrator, or in debentures issued by him under the terms of the National Housing Act, and in securities issued by national mortgage associations established by or under the authority of the National Housing Act.
5. No such domestic company shall in any manner, either directly or indirectly, by means of corporations, holding companies, trustees or otherwise, invest in real property securities junior to first mortgages.
6. Such domestic company shall not invest in excess of 50 percent of its admitted assets in the securities described in this section.
________
Senate Bill No. 21Senator Whitacre
CHAPTER 219
AN ACT to amend NRS section 211.070, relating to imprisonment in lieu of fines, by authorizing an increased rate at which prisoners who labor while imprisoned in default of fines may satisfy such fines.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 211.070 is hereby amended to read as follows:
211.070 Whenever any prisoner, under conviction for any criminal offense, shall be confined in jail for any inability to pay any fine, forfeiture or costs, or to procure sureties, the district court, upon satisfactory evidence of such inability, may, in lieu thereof, confine such person in the county jail [, at] :
κ1960 Statutes of Nevada, Page 391 (CHAPTER 219, SB 21)κ
offense, shall be confined in jail for any inability to pay any fine, forfeiture or costs, or to procure sureties, the district court, upon satisfactory evidence of such inability, may, in lieu thereof, confine such person in the county jail [, at] :
1. At the rate of [$2] $4 per day, when sentenced to labor pursuant to the provisions of NRS 211.130, until the fine, forfeiture or cost so imposed shall have been satisfied.
2. At the rate of $2 per day, when not sentenced to labor pursuant to the provisions of NRS 211.130, until the fine, forfeiture or cost so imposed shall have been satisfied.
________
Senate Bill No. 162Committee on Finance
CHAPTER 220
AN ACT to fix the state tax levy for the fiscal year commencing on July 1, 1960, and ending on June 30, 1961; providing for the levy and collection of taxes on personal property not placed on the secured tax roll; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year commencing July 1, 1960, and ending on June 30, 1961, and ad valorem tax of 28 cents on each $100 of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 160Committee on Finance
CHAPTER 221
AN ACT authorizing the expenditure of certain moneys, previously appropriated to the state planning board, to pay the cost of not less than two appraisals of the land and improvements comprising the State Office Building, Las Vegas, Nevada; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state planning board is hereby authorized to expend such amounts as may be necessary of the appropriated moneys referred to in section 8 of chapter 275, Statutes of Nevada 1957, to pay the cost of not less than two appraisals of the land and improvements comprising the State Office Building, Las Vegas, Nevada, in connection with the duties of such board under the provisions of chapter 276, Statutes of Nevada 1957.
κ1960 Statutes of Nevada, Page 392 (CHAPTER 221, SB 160)κ
referred to in section 8 of chapter 275, Statutes of Nevada 1957, to pay the cost of not less than two appraisals of the land and improvements comprising the State Office Building, Las Vegas, Nevada, in connection with the duties of such board under the provisions of chapter 276, Statutes of Nevada 1957.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 151Committee on Judiciary
CHAPTER 222
AN ACT to amend NRS section 408.980, relating to condemnation of property for highway purposes, by deleting the provision that a resolution of the board of directors of the department of highways is conclusive evidence that a condemnation is for a public government use.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.980 is hereby amended to read as follows:
408.980 1. The department shall not commence any legal action in eminent domain until the board first adopts a resolution declaring that public interest and necessity require the acquisition, construction, reconstruction, improvement or completion by the state, acting through the department, of the highway improvement for which the real property, interests therein or improvements thereon are required, and that the real property, interests therein or improvements thereon described in the resolution are necessary for such improvement.
2. The resolution of the board shall be conclusive evidence:
[(a) That all real property, interests therein and improvements thereon acquired pursuant to this chapter and used in the manner and for the purposes enumerated in this chapter shall be and are hereby declared to be public and governmental functions exercised for public purposes and for public governmental uses.]
[(b)] (a) Of the public necessity of such proposed public improvement.
[(c)] (b) That such real property, interests therein or improvements thereon are necessary therefor.
[(d)] (c) That such proposed public improvement is planned or located in a manner that will be most compatible with the greatest public good and the least private injury.
3. All legal actions in all courts brought under the provisions of this chapter to enforce the right of eminent domain shall take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon shall be quickly heard and determined.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 393κ
Senate Bill No. 149Senator Lamb
CHAPTER 223
AN ACT to amend an act entitled An Act incorporating the City of Caliente, in Lincoln County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor if a majority of the electors thereof approve this act; establishing the procedure for such approval or rejection; and other matters properly relating thereto, approved March 28, 1957, as amended.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 289, Statutes of Nevada 1957, at page 399, is hereby amended by adding thereto a new section which shall be designated section 19.5, shall immediately follow section 19 and shall read as follows:
Section 19.5. Notwithstanding the provisions of this or any other law, a councilman shall be allowed to vote on any lease, contract or agreement which extends beyond his term of office.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 267Committee on Ways and Means
CHAPTER 224
AN ACT to amend NRS sections 209.110, 223.100, 231.080, 232.050, 331.030, 341.100, 353.170, 360.120, 382.020, 385.170, 407.060, 417.060, 472.025, 532.060, 607.030, 658.040, 680.060, 680.080 and 703.080, relating to the salaries of certain state appointive officers, by increasing the salaries of the warden of the state prison, the executive assistant to the governor, the director of the department of economic development, the director of the department of conservation and natural resources, the superintendent of the department of buildings and grounds, the manager and technical supervisor of the state planning board, the director of the budget, the secretary of the state tax commission, the executive secretary of the Nevada historical society, the superintendent of public instruction, the director of the state park commission, the veterans service commissioner, the state forester firewarden, the state engineer, the labor commissioner, the superintendent of banks, the commissioner of insurance, the chief deputy of the commissioner of insurance and the commissioners of the public service commission of Nevada.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.110 is hereby amended to read as follows:
209.110 The warden shall receive an annual salary of [$6,000] $9,240, with mileage and expense allowances as provided by law when engaged in the discharge of his official duties. His salary shall be payable in semimonthly installments in the same manner as other state officers are paid.
κ1960 Statutes of Nevada, Page 394 (CHAPTER 224, AB 267)κ
Sec. 1.5. NRS 223.100 is hereby amended to read as follows:
223.100 The executive assistant to the governor shall receive an annual salary of [$10,000,] $10,500, which shall be paid out of funds appropriated to the office of the governor by the legislature from the general fund. Such compensation shall be in full payment for all services rendered to the state.
Sec. 2. NRS 231.080 is hereby amended to read as follows:
231.080 1. The director of the department shall be appointed by and be responsible to the governor. The person appointed as director shall have had successful experience in the administration and promotion of a program comparable to that provided in this chapter. The director shall be in the unclassified service as provided by the provisions of chapter 284 of NRS.
2. The director shall receive an annual salary of [$8,400.] $9,000. He shall receive the per diem expense allowance and travel expenses as fixed by law.
3. He shall devote his entire time to the duties of his office, and he shall follow no other gainful employment or occupation.
Sec. 3. NRS 232.050 is hereby amended to read as follows:
232.050 1. The director shall be appointed by and be responsible to the governor and shall not be in the classified service of the state.
2. He shall receive:
(a) An annual salary of [$15,000.] $15,120.
(b) The per diem expense allowance and travel expenses as provided by law.
Sec. 4. NRS 331.030 is hereby amended to read as follows:
331.030 1. The superintendent shall be appointed by and be responsible to the governor. He shall hold office for a term of 4 years corresponding to the term of the governor, unless sooner removed for cause.
2. He shall receive an annual salary of [$8,400.] $8,580.
3. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
Sec. 5. NRS 341.100 is hereby amended to read as follows:
341.100 1. The board may appoint a manager and technical supervisor, and such other technical and clerical assistants as may be necessary to carry into effect the purposes of its acts.
2. The manager and technical supervisor of the board shall receive an annual salary of [$10,000.] not more than $12,600 as determined by the board.
Sec. 6. NRS 353.170 is hereby amended to read as follows:
353.170 The director of the budget shall receive an annual salary of [$10,000,] $10,500, together with the per diem and travel expenses as fixed by law.
Sec. 7. NRS 360.120 is hereby amended to read as follows:
360.120 1. A chief clerk and statistician shall be employed by the Nevada tax commission. He shall be the secretary of the Nevada tax commission and shall be in charge of the office of the commission.
2. For his services, the secretary of the Nevada tax commission shall receive an annual salary of [$10,000,] $11,025, payable in the same manner as other state salaries are paid.
κ1960 Statutes of Nevada, Page 395 (CHAPTER 224, AB 267)κ
shall receive an annual salary of [$10,000,] $11,025, payable in the same manner as other state salaries are paid.
Sec. 8. NRS 382.020 is hereby amended to read as follows:
382.020 1. The office of executive secretary of the Nevada historical society is hereby created.
2. The executive secretary of the Nevada historical society shall receive an annual salary of [$6,450.] $6,600.
Sec. 9. NRS 385.170 is hereby amended to read as follows:
385.170 The state board of education shall fix the annual salary of the superintendent of public instruction, which salary: [shall not exceed $12,000; but from March 6, 1957, until July 1, 1959, the annual salary of the superintendent of public instruction shall be $9,000.]
1. From July 1, 1960, to June 30, 1961, shall not exceed $12,075.
2. On and after July 1, 1961, shall not exceed $13,800.
Sec. 10. NRS 407.060 is hereby amended to read as follows:
407.060 1. The director of the state park commission shall be appointed by the governor from a list of qualified persons recommended to the governor by the state park commission. The director shall serve under the state park commission.
2. The director shall receive an annual salary of [$7,800] $7,920 and shall receive the per diem expense allowance and travel expenses as fixed by law.
3. The director shall serve under the state park commission and shall direct and supervise all its administrative and technical activities. His duties shall include:
(a) Attending all meetings of the commission, and he shall act as its secretary, keeping minutes of the proceedings of the commission.
(b) Reporting to the governor and the commission upon all matters concerning the administration of his office, and he shall request the advice and counsel of the commission on matter concerning the policy thereof, and he shall be responsible for the conduct of the commission and it administrative functions, unless otherwise provided by law.
(c) Making a biennial report regarding the work of the commission and such special reports as he may consider desirable to the commission and the governor.
(d) Hiring employees with the consent of the state park commission whom he considers necessary and as allowed under the provisions of the biennial budget of the commission.
(e) Performing any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 11. NRS 417.060 is hereby amended to read as follows:
417.060 1. The commissioner shall receive an annual salary of [$6,600.] $6,780.
2. The deputy commissioner shall receive an annual salary of $6,600.
Sec. 12. NRS 472.025 is hereby amended to read as follows:
472.025 The state forester firewarden shall:
κ1960 Statutes of Nevada, Page 396 (CHAPTER 224, AB 267)κ
1. Be in the unclassified service of the state.
2. Receive an annual salary of [$9,000.] $9,360.
Sec. 13. NRS 532.060 is hereby amended to read as follows:
532.060 The state engineer shall receive an annual salary of [$12,000.] $12,100.
Sec. 14. NRS 607.030 is hereby amended to read as follows:
607.030 1. The labor commissioner shall receive an annual salary of [$8,400,] $8,580, payable in the manner provided in NRS 281.120.
2. The labor commissioner shall be allowed the per diem expense allowance and travel expenses as provided by law.
Sec. 15. NRS 658.040 is hereby amended to read as follows:
658.040 The superintendent of banks shall receive an annual salary of [$10,000,] $10,460, payable in equal semimonthly installments as other state officers are paid. Such salary shall be in full for all services rendered by him in connection with banks and banking in any capacity whatsoever under this Title or otherwise.
Sec. 16. NRS 680.060 is hereby amended to read as follows:
680.060 1. The commissioner shall receive an annual salary of [$10,000.] $10,460.
2. He shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 17. NRS 680.080 is hereby amended to read as follows:
680.080 1. The commissioner may designate an employee of the department as his chief deputy, who shall to be in the classified service of the state.
2. The chief deputy shall receive an annual salary of not more than [$8,400.] $8,640.
3. In case of the absence of the commissioner or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his chief deputy.
Sec. 18. NRS 703.080 is hereby amended to read as follows:
703.080 1. The chairman of the commission shall receive an annual salary of [$12,000.] $12,075.
2. The other commissioners shall receive annual salaries of [$10,000.] $10,500.
________
κ1960 Statutes of Nevada, Page 397κ
Assembly Bill No. 64Committee on Judiciary
CHAPTER 225
AN ACT to amend NRS sections 2.060 and 3.090, relating to pensions for justices of the supreme court and judges of the district courts, by providing that justices and judges who retire after 12 years judicial service shall receive, as annual pension, an amount equal to one-third the sum received as salary during their last year of service; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.060 is hereby amended to read as follows:
2.060 1. Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and [shall have] has ended such service shall, after such service of 20 years, and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as salary for his judicial services during the last year thereof, payable in monthly installments from funds to be provided by direct legislative appropriation.
2. [Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 15 years and shall have ended such service shall, after such service of 15 years, and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable in monthly installments from funds to be provided by direct legislative appropriation.
3.] Any justice of the supreme court who has served as a justice or judge of a district court in any one or more of those courts for a period or periods aggregating 12 years and has ended such service shall, after such service of 12 years, and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable in monthly installments from funds to be provided by direct legislative appropriation.
3. Any justice who desires to resign pursuant to the terms hereof shall do so by notice in writing to the governor, and shall file forthwith the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.
4. Upon resigning as above provided and the filing of the affidavit mentioned, by any person entitled so to do pursuant hereto, the state controller shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of funds to be provided by direct legislative appropriation.
κ1960 Statutes of Nevada, Page 398 (CHAPTER 225, AB 64)κ
mentioned, by any person entitled so to do pursuant hereto, the state controller shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of funds to be provided by direct legislative appropriation.
5. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any justice who may have resigned pursuant hereto.
Sec. 2. NRS 3.090 is hereby amended to read as follows:
3.090 1. Any judge of the district court how has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 20 years and [shall have] has ended such service shall, after such service of 20 years and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to two-thirds the sum received as salary for his judicial services during the last year thereof, payable in monthly installments from funds to be provided by direct legislative appropriation.
2. [Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 15 years and shall have ended such service shall, after such service of 15 years and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable in monthly installments from funds to be provided by direct legislative appropriation.
3.] Any judge of the district court who has served as a justice of the supreme court or judge of a district court in any one or more of those courts for a period or periods aggregating 12 years and has ended such service shall, after such service of 12 years and after reaching the age of 60 years, be entitled to and shall receive annually from the State of Nevada, as a pension during the remainder of his life, a sum of money equal in amount to one-third the sum received as salary for his judicial services during the last year thereof, payable in monthly installments from funds to be provided by direct legislative appropriation.
3. Any judge of the district court who desires to resign pursuant to the terms hereof shall do so by notice in writing to the governor, and shall file forthwith with the state controller and the state treasurer an affidavit setting forth the fact of his resignation, the date and place of his birth, and the years he has served in either or both of the courts above mentioned.
4. Upon resigning as above provide and the filing of the affidavit mentioned, by any person entitled so to do pursuant hereto, the state controller shall draw his warrant, payable to the individual who has thus resigned, upon the state treasurer for the sum due such person, and the state treasurer shall pay the same out of funds to be provided by direct legislative appropriation.
κ1960 Statutes of Nevada, Page 399 (CHAPTER 225, AB 64)κ
and the state treasurer shall pay the same out of funds to be provided by direct legislative appropriation.
5. The faith of the State of Nevada is hereby pledged that this section shall not be repealed or amended so as to affect any judge of the district court who may have resigned pursuant hereto.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 167Messrs. Swanson and McKissick
CHAPTER 226
AN ACT to amend NRS section 200.030, relating to finding the degree of murder and to sentencing, by clarifying the provision relating to the appointment of additional district court judges to determine the degree of guilt of a confessed murderer; and providing that the determination of the district judges shall be by unanimous vote.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 200.030 is hereby amended to read as follows:
200.030 1. All murder which shall be perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate and premeditated killing, or which shall be committed in the perpetration, or attempt to perpetrate, any arson, rape, robbery or burglary, or which shall be committed by a convict in the state prison serving a sentence of life imprisonment, shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree.
2. The jury before whom any person indicted for murder shall be tried shall, if they find such person guilty thereof, designate by their verdict whether it be murder of the first or second degree.
3. If any person is convicted of murder on his confession in open court [,] without a jury, the supreme court shall appoint two district judges from judicial districts other than the district in which the confession is made, who shall, with the district judge before whom such confession was made, by examination of witnesses, determine the degree of the crime and give sentence accordingly. Such determination shall be by unanimous vote of the three district judges.
4. If the jury shall find defendant guilty of murder in the first degree, then the jury by its verdict shall fix the penalty at death or imprisonment in the state prison for life with or without possibility of parole. Upon a plea of guilty the court, as provided in subsection 3, shall determine the same; and every person convicted of murder of the second degree shall suffer imprisonment in the state prison for a term of not less than 10 years, which term may be extended to life.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 400κ
Assembly Bill No. 233Mr. Evans
CHAPTER 227
AN ACT to amend NRS section 238.030, relating to publication of legal notices or legal advertisements in qualified newspapers, by permitting publication of such notices and advertisements in any newly established newspaper printed and published in an incorporated city if no other newspaper is printed and published in such city, or in any newly established newspaper in a county if no other newspaper is printed and published in such county.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 238.030 is hereby amended to read as follows:
238.030 1. Any and all legal notices or advertisements shall be published only in a daily, a triweekly, a semiweekly, a semimonthly, or a weekly newspaper of general circulation and printed in whole or in part in the county in which the notice or advertisement is required to be published, which newspaper if published:
(a) Triweekly, semiweekly, semimonthly, or weekly, shall have been so published in the county, continuously and uninterruptedly, during the period of at least 104 consecutive weeks next prior to the first issue thereof containing any such notice or advertisement.
(b) Daily, shall have been so published in the county, uninterruptedly and continuously, during the period of at least 1 year next prior to the first issue thereof containing any such notice or advertisement.
2. The mere change in the name of any newspaper, or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county shall not break or affect the continuity in the publication of any such newspaper if the same is in fact continuously and uninterruptedly printed and published within the county as herein provided.
3. A newspaper shall not lose its rights as a legal publication if any of the following conditions maintain:
(a) If by reason of a strike or other good cause it should suspend publication; but the period shall not exceed 30 days in any calendar year.
(b) If by reason of generally recognized economic stress of a serious nature over which the publisher has no control it shall be necessary to suspend publication for a period not to exceed 2 years. The provisions of this paragraph shall apply only in the case of publications that have been operating continuously for a period of 5 years prior to such suspension. Any legal notice which fails of publication for the required number of insertions for such reason shall not be declared illegal if publication has been made in one issue of the publication and is resumed within a reasonable period.
4. If in any county in this state there shall not have been published therein any newspaper or newspapers for the prescribed period, at the time when any such notice or advertisement is required to be published, then such notice or advertisement may be published in any newspaper or newspapers having a general circulation and printed and published in whole or in part in the county.
κ1960 Statutes of Nevada, Page 401 (CHAPTER 227, AB 233)κ
or newspapers having a general circulation and printed and published in whole or in part in the county.
5. The time limitations in subsection 1 do not apply to a newly established newspaper printed and published in:
(a) An incorporated city if, at the time such newspaper is established, there is no other newspaper printed and published in such city.
(b) A county if, at the time such newspaper is established, there is no other newspaper printed and published in such county.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 269Committee on Judiciary
CHAPTER 228
AN ACT authorizing the commencement of actions by Sammy Burnau and Ann Loney against the State of Nevada; waiving the defense of sovereign immunity for the purpose of such actions and the defense of the statute of limitations as to one such action; creating limitations; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The State of Nevada hereby consents to the bringing of an action against it by Sammy Burnau of Henderson, Nevada, for damages arising out of an automobile accident which occurred on or about July 1, 1959, in Clark County, Nevada, and hereby expressly waives the defense of governmental or sovereign immunity for the sole purpose of such action if the total amount sought in such action does not exceed the maximum amount of public liability insurance applicable to such accident, if any, carried by the State of Nevada.
Sec. 2. The State of Nevada hereby consents to the bringing of an action against it by Ann Loney for damages arising out of an accident which occurred on or about March 11, 1955, in Clark County, Nevada, and hereby expressly waives the defense of governmental or sovereign immunity and the defense of the statute of limitations for the sole purpose of such action if the total amount sought in such action does not exceed the maximum amount of public liability insurance applicable to such accident, if any, carried by the State of Nevada.
Sec. 3. Nothing in this act shall be construed as an admission of liability on the part of the State of Nevada or any of its employees or officers. Except as provided in sections 1 and 2 of this act, the State of Nevada may present all defenses it may have in such actions, and may present all counterclaims or set-offs to which it may be entitled.
Sec. 4. If final judgment in either of such actions is rendered in favor of the plaintiff in the form of money damages, such judgment shall be paid in the same manner as other judgments against the state are paid.
κ1960 Statutes of Nevada, Page 402 (CHAPTER 228, AB 269)κ
favor of the plaintiff in the form of money damages, such judgment shall be paid in the same manner as other judgments against the state are paid.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 275Committee on Ways and Means
CHAPTER 229
AN ACT authorizing and directing the state planning board to sell or exchange certain parcels of real property in Ormsby County, Nevada, belonging to the State of Nevada; defining the powers and duties of the state planning board, the chairman thereof, and the attorney general in connection therewith; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state planning board is hereby authorized and directed, subject to the restrictions and conditions hereinafter contained, to sell for cash at not less than the appraised value, or exchange for other real property for the best interests of the Nevada state prison, the following-described real property and any improvements thereon belonging to the State of Nevada and lying and being in Ormsby County, Nevada, and described as follows:
All of the SW 1/4 of the NE 1/4 of section 21, T. 15 N., R. 20 E.,
M.D.B. & M., containing 39.710 acres more or less.
Sec. 2. The state planning board is hereby authorized and directed, subject to the restrictions and conditions hereinafter contained, to sell for cash at not less than the appraised value any or all of the following-described parcels of real property and any improvements thereon belonging to the State of Nevada and lying and being in Ormsby County, Nevada, and described as follows:
(a) Five acres more or less bounded on the east by U.S. Highway 395, on the west by an Ormsby County road, and on the north by the United States Forest Service administrative site.
(b) The E 1/2 of the NE 1/4 of section 12, T. 15 N., R. 19 E. M.D.B. & M., containing 80 acres more or less.
(c) The SW 1/4 of the NE 1/4 of section 12, T. 15 N., R. 19 E., M.D.B. & M. containing 40 acres more or less.
(d) A parcel 8 rods by 8 rods in the southwest corner of the SE 1/4 of the SW 1/4 of section 6, T. 15 N., R. 20 E., M.D.B. & M.
(e) A parcel south of Carson City, Nevada, bounded on the north by the department of highways maintenance shops, on the east by Stewart Street and on the west by U.S. Highway 395, the parcel being a triangle with its apex on the south at the junction of Stewart Street and U.S. Highway 395.
κ1960 Statutes of Nevada, Page 403 (CHAPTER 229, AB 275)κ
Sec. 3. The value of any parcel of real property and the improvements thereon hereinabove described shall be determined by not less than two appraisals made by independent appraisers. The costs of such appraisals shall be paid by the state planning board from the proceeds of the sales.
Sec. 4. Notice of intention to sell any of the real property described in sections 1 and 2 shall be given by publication in a newspaper of general circulation published in Ormsby County, Nevada, once a week for 3 successive weeks. Any such sale shall be made to the highest responsible bidder at public auction at not less than the appraised value. All expenses of any such sale shall be paid by the state planning board from the proceeds of the sale. The net proceeds received by the state planning board from any such sale shall be deposited forthwith in the general fund in the state treasury.
Sec. 5. The chairman of the state planning board is authorized to execute on behalf of the State of Nevada all necessary agreements, conveyances or other documents pertaining to any sale or other disposition authorized by this act after the same has been approved by the attorney general.
Sec. 6. This act shall become effective upon passage and approval.
________
Senate Bill No. 103Committee on Banks, Banking and Corporations
CHAPTER 230
AN ACT to amend NRS section 686.020, relating to fees to be charged by the commissioner of insurance, by establishing a fee for a copy of the insurance laws.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 686.020 is hereby amended to read as follows:
686.020 1. The commissioner shall charge, collect and give proper acquittances for the payment of the following fees and charges:
For filing each power of attorney................................................................ $5
For an annual license to each fire insurance company to transact business throughout this state.............................................................................. 100
For an annual license to each life insurance company to transact business throughout this state.............................................................................. 100
For an annual license to each life and accident insurance company to transact business throughout this state............................................................. 100
For an annual license to each casualty and surety company to transact business throughout this state.............................................................................. 100
For an annual license to each underwriters agency, for each company represented in such agency................................................................... 25
κ1960 Statutes of Nevada, Page 404 (CHAPTER 230, SB 103)κ
For filing an annual company statement.................................................... $10
For issuing an agents license..................................................................... 2
For issuing a solicitors license................................................................... 2
For issuing a nonresident brokers license................................................ 50
For issuing any other certificate required or permissible under the law 1
For issuing a nonresident agents license................................................. 10
An applicant for a nonresident agents license or for a nonresident brokers license residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, shall pay the resident fee of $2.
For issuing a brokers license...................................................................... 25
For each copy of the insurance laws......................................................... 2.50
2. The possession of a license, under the provisions of this Title, shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses required to solicit insurance business within the State of Nevada.
3. The amount of the expense incurred in the examination of the conditions and affairs of any company shall be paid by the company. No such charge shall be made except for necessary traveling and hotel expense and compensation of the examiner, commissioner or other department representative.
4. At the time of any service of process on the commissioner, as attorney for such service, the commissioner shall charge and collect the sum of $2, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he prevails in such suit or action.
________
Senate Bill No. 141Senator Settelmeyer (by request)
CHAPTER 231
AN ACT to amend NRS sections 318.370 and 318.415, relating to special assessments of premises within general improvement districts, by providing different methods for determining maximum amounts of special assessments in counties under and over 50,000 population; by providing a procedure for approval of assessment rolls of such districts; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 318.370 is hereby amended to read as follows:
318.370 1. The cost and expense of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, assessments and cost of construction.
κ1960 Statutes of Nevada, Page 405 (CHAPTER 231, SB 141)κ
2. In no case:
(a) In counties of 50,000 population or over, shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding the value of such lot or premises which would otherwise be chargeable upon such lot or premises shall be paid from the general funds of the district.
(b) In counties of less than 50,000 population, shall the amount of any special assessment upon any lot or premises for any one improvement exceed the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation, except upon a written petition to the board, signed by 70 percent of the property owners in the district, who must own not less than 70 percent of the property in the district, requesting that the amount of a special assessment exceed assessed valuation, in which case the assessment may exceed such assessed valuation; but in no case shall any special assessment exceed three times the value of such lot or premises as shown upon such latest tax list or assessment roll.
3. The board shall provide that the fees and compensation properly charged in the work of making any special assessment, including engineering, legal and fiscal fees and bond discount, if any, shall be included as part of such assessment.
Sec. 2. NRS 318.415 is hereby amended to read as follows:
318.415 1. When any special assessment roll is confirmed by the board it shall be final and conclusive.
2. The roll, when so endorsed by the secretary of the district, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessment and assessment roll.
3. [Within] The confirmation and approval of the assessment roll shall be by resolution of the board and shall be effective upon the adoption of such resolution. Within a reasonable time after such adoption the resolution shall be published once in a newspaper of general circulation in the district. Notwithstanding any other provision of this chapter, within 15 days immediately succeeding the [adoption] publication of the resolution any person who has filed an objection, in writing, before the board at the specified hearing for reviewing assessments, as prescribed in NRS 318.410, shall have the right to commence an action or suit in any court of competent jurisdiction to correct or set aside such confirmation proceedings and confirmed assessment roll; but thereafter all actions or suits attacking the legality, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land, including, without limiting the generality of the foregoing, the defense of confiscation, shall be perpetually barred.
Sec. 3. If any section, paragraph, clause or provision of this act shall for any reason be held 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.
κ1960 Statutes of Nevada, Page 406 (CHAPTER 231, SB 141)κ
unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 145Committee on Finance
CHAPTER 232
AN ACT appropriating $5,535 from the general fund in the state treasury to the Nevada industrial commission for the payment of premiums due the Nevada industrial commission for the calendar year 1959 pursuant to NRS section 616.079 for industrial insurance covering members of state departments, boards, commissions, agencies and bureaus who serve without compensation; and providing other matters properly relating thereto.
[Approved March 17, 1960]
Whereas, Pursuant to the provisions of NRS 616.079, certain state departments, boards, commissions, agencies and bureaus have reported to the legislative auditor the facts required by NRS 616.405 for the calendar year 1959; and
Whereas, The legislative auditor has prepared a statement of the amount of premiums due to the Nevada industrial commission for the calendar year 1959, which amount is $5,535; and
Whereas, NRS 616.079 provides that the amount of such premiums due shall be provided by direct legislative appropriation from the general fund to the Nevada industrial commission; 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 the sum of $5,535 to the Nevada industrial commission for the payment of premiums due the Nevada industrial commission for the calendar year 1959 pursuant to the provisions of NRS 616.079.
Sec. 2. The state controller is hereby authorized and directed to draw his warrant in favor of the Nevada industrial commission for the sum of $5,535, and the state treasurer is hereby authorized and directed to pay the same.
Sec. 3. This act shall become effective upon passage and approval.
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κ1960 Statutes of Nevada, Page 407κ
Senate Bill No. 146Senators Echeverria and Brown
CHAPTER 233
AN ACT to amend NRS sections 450.090 and 450.140, relating to composition and quorum of boards of trustees of county hospitals, by providing that in counties of 50,000 or more population three members of the board of county commissioners shall be selected by the chairman of such board as members of the board of hospital trustees of the county; and by providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 450.090 is hereby amended to read as follows:
450.090 In any county [wherein there was cast a vote for Representative in Congress in excess of 19,000 votes in the general election held in 1948 or in any subsequent general election,] having 50,000 or more population, the board of hospital trustees for the public hospital shall be composed of the five regularly elected or appointed members, and, in addition, [the] three county commissioners selected by the chairman of the board of county commissioners shall be [ex officio] members thereof [.] , and shall serve during their terms of office as county commissioners.
Sec. 2. NRS 450.140 is hereby amended to read as follows:
450.140 1. The board of hospital trustees shall hold meetings at least once each month, and shall keep a complete record of all its transactions.
2. In counties where [the] three county commissioners are not [ex officio] members of the board, three members of the board shall constitute a quorum for the transaction of business.
3. In counties where [the] three county commissioners are [ex officio] members of the board, any five of the [regular or ex officio] members shall constitute a quorum for the transaction of business. [unless the number of county commissioners is five. If the number of county commissioners is five, any six of the regular or ex officio members shall constitute a quorum for the transaction of business.]
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 147Committee on Finance
CHAPTER 234
AN ACT appropriating the sum of $3,242.88 from the general fund in the state treasury to the state planning board for the purpose of settling that certain lawsuit entitled Perry G. Means v. State of Nevada and having the same dismissed with prejudice; and providing other matters properly relating thereto.
[Approved March 17, 1960]
Whereas, On December 2, 1952, Perry G. Means commenced an action in the First Judicial District Court of the State of Nevada in and for the County of Ormsby against the State of Nevada under No.
κ1960 Statutes of Nevada, Page 408 (CHAPTER 234, SB 147)κ
and for the County of Ormsby against the State of Nevada under No. 19210 for the recovery of extra compensation over and above the contract price for change orders and additional supervision in the construction of a certain state building in Carson City, Nevada; and
Whereas, After trial in the district court and appeal to the supreme court of Nevada, the action was thereafter remanded to the district court for a new trial; and
Whereas, A new trial of the action has not been set, and a fair offer of settlement by the plaintiff, Perry G. Means, has been made, which offer is to the advantage of the State of Nevada to accept; 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 state planning board the sum of $3,242.88 for payment to Perry G. Means in full settlement and satisfaction of all claims (including any costs) of Perry G. Means in connection with that certain action entitled Perry G. Means v. State of Nevada, now pending in the First Judicial District Court of the State of Nevada in and for the County of Ormsby and bearing No. 19210.
Sec. 2. The state planning board shall first receive from the plaintiff, Perry G. Means, all necessary executed documents for a dismissal of said action with prejudice, and the state controller is then authorized and directed to draw his warrant in favor of Perry G. Means for the sum of $3,242.88, and the state treasurer is authorized and directed to pay the same upon the presentation of a duly authorized claim being presented by the state planning board and duly approved by the state board of examiners.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 152Committee on Finance
CHAPTER 235
AN ACT authorizing and directing the state controller to transfer the sum of $5,681.71 in the 1956 emergency hay program No. 2 fund to the general fund in the state treasury.
[Approved March 17, 1960]
Whereas, Pursuant to the provisions of section 2 of chapter 9, Statutes of Nevada 1954, a sum of money not to exceed $30,000 was appropriated as an emergency fund to assist the livestock industry of the State of Nevada; and
Whereas, The emergency has passed and there remains of the $30,000 so appropriated the sum of $5,681.71 in the 1956 emergency hay program
κ1960 Statutes of Nevada, Page 409 (CHAPTER 235, SB 152)κ
hay program No. 2 fund in the office of the state controller, which sum should be transferred to the general fund in the state treasury; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to transfer from the 1956 emergency hay program No. 2 fund to the general fund in the state treasury the sum of $5,681.71.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 154Senator Duffy
CHAPTER 236
AN ACT to amend NRS section 612.230, relating to personnel of the employment security department, by allowing the executive director to grant educational leave stipends to officers and employees of such department if all of the cost of such stipends may be paid from federal funds.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.230 is hereby amended to read as follows:
612.230 1. For the purpose of insuring the impartial selection of personnel on the basis of merit, the executive director shall fill all positions in the employment security department, except the post of executive director, from registers prepared by the state department of personnel, in conformity with such rules, regulations and classification and compensation plans relating to the selection of personnel as may from time to time be adopted or prescribed by the executive director for the employment security department.
2. Subject to the provisions of chapter 284 of NRS, the executive director shall select all personnel either from the first three candidates on the eligible lists as provided in this chapter, or from the highest rating candidate within a radius of 60 miles of the place in which the duties of the position will be performed. The executive director is authorized to fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this chapter, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration.
3. The executive director may, in his discretion, bond any person handling moneys or signing checks.
4. The executive director shall classify positions under this chapter and shall establish salary schedules and minimum personnel standards for the positions so classified.
κ1960 Statutes of Nevada, Page 410 (CHAPTER 236, SB 154)κ
and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.
5. Notwithstanding the provisions of subsection 1 of NRS 281.150, the executive director may grant educational leave stipends to officers and employees of the employment security department if all of the cost of such educational leave stipends may be paid from federal funds.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 129Committee on Public Health
CHAPTER 237
AN ACT to amend NRS sections 638.010, 638.020, 638.030, 638.050, 638.060, 638.080 to 638.130, inclusive, and 638.150, relating to the state board of veterinary medical examiners, the funds and records of such board, applicants and examination for license to practice as a veterinarian and the applicability of the chapter, by changing definitions; by creating the Nevada state board of veterinary medical examiners; by providing for the composition and meetings of such board, the terms and qualifications of its members, and the use of its funds; by providing for qualifications for licenses, examinations and exceptions; by authorizing such board to refuse to license under certain circumstances; by deleting reciprocity provision; by including the practice of veterinary obstetrics; to amend chapter 638 of NRS by creating new provisions requiring veterinarians to renew licenses annually; and allowing veterinarians in adjoining states to practice in Nevada under certain conditions; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 638.010 is hereby amended to read as follows:
638.010 As used in this chapter:
1. Board means the Nevada state board of veterinary medical examiners.
2. Practice of veterinary medicine, surgery, obstetrics or dentistry is defined as follows:
(a) The opening or maintenance of an office or hospital for consultation or the treatment or prevention of disease of domesticated animals by means of drugs, medicines, surgical or dental operations, the administration or prescribing of sera, vaccines, drugs, pharmaceuticals or [other] biological preparations for the treatment, or prevention, or diagnosis of disease, or otherwise.
(b) An announcement to the public or any individual in any way of a desire or readiness or willingness to perform any of the acts mentioned in paragraph (a) or to perform any of the acts in paragraph (a) for the doing of which a person receives or expects to receive any money, fee, salary or any consideration of value.
κ1960 Statutes of Nevada, Page 411 (CHAPTER 237, SB 129)κ
(c) The illegal use, in connection with his name, by any person giving veterinary advice or performing veterinary services without charge or the expectancy of compensation, directly or indirectly, therefor, of the words doctor, veterinarian, veterinary, veterinary surgeon, veterinary dentist, or the letters Dr., D.V.M., [V.D.M.,] V.M.D., M.D.C., V.S., or any other letters, symbol or title, indicating that such person is graduated from some school or college which is authorized by law to confer such degree.
Sec. 2. NRS 638.020 is hereby amended to read as follows:
628.020 1. [Within 30 days after February 21, 1919, the governor shall appoint the state board of veterinary medical examiners consisting of three members.
2. Three members of the board first appointed shall hold office, one for 2 years, one for 3 years and one for 4 years, as designated by the governor after the date of their appointment.
3. Thereafter one member shall be appointed annually for a term of 3 years.] The Nevada state board of veterinary medical examiners is hereby created.
2. The board shall consist of five members, one of whom shall be the director of the division of animal industry of the state department of agriculture, and four of whom shall be appointed by the governor.
3. The director of the division of animal industry shall serve ex officio and act as secretary-treasurer of the board.
4. Each appointed member shall:
(a) Be a resident of the State of Nevada.
(b) Be a graduate of a veterinary college approved by the American Veterinary Medical Association.
(c) Have been lawfully engaged in the private practice of veterinary medicine in the State of Nevada for at least 5 years next preceding the date of his appointment.
5. As soon as practicable after July 1, 1960, the governor shall appoint four members, one for a term of 1 year, one for a term of 2 years, one for a term of 3 years, and one for a term of 4 years, from and after the date of appointment. Thereafter, each member shall be appointed for a term of 4 years. No appointed member may service two consecutive terms.
[4.] 6. If a vacancy occurs in the board, or a member is absent from the state for a period of 6 months without permission from the governor, the governor may appoint a person duly qualified under this chapter to fill the unexpired term.
Sec. 3. NRS 638.030 is hereby amended to read as follows:
638.030 Before entering upon the duties of his office, each appointed member of the board shall:
1. Take the constitutional oath of office.
2. Make oath that he is a graduate in veterinary medicine and legally qualified under the provisions of this chapter to practice veterinary medicine, surgery, obstetrics and dentistry in the State of Nevada.
Sec. 4. NRS 638.050 is hereby amended to read as follows:
κ1960 Statutes of Nevada, Page 412 (CHAPTER 237, SB 129)κ
638.050 1. The board shall elect from its appointed members a president [,] and a vice president. [and a secretary-treasurer.] The officers shall serve at the pleasure of the board.
2. The office of the secretary-treasurer shall be the legal office of the board.
3. The secretary-treasurer shall send a copy of all incoming and outgoing correspondence to each member of the board.
Sec. 5. NRS 638.060 is hereby amended to read as follows:
638.050 1. The board shall meet [at any convenient place at the call of the secretary-treasurer whenever there is sufficient business to come before the board to warrant such action.] annually, the time and place to concur with the annual meeting of the Nevada State Veterinary Association.
2. Whenever requested by any [two] three members, the secretary-treasurer shall call a meeting of the board.
Sec. 6. NRS 638.080 is hereby amended to read as follows:
638.080 1. The secretary-treasurer shall be the custodian of all the records and funds of the board.
2. All moneys received for licenses shall be held by the secretary-treasurer subject to the order of the board. The moneys shall be used to meet the expenses of the board. [for stationery, books of record, blanks and supplies, and actual expenses of members of the board in attendance upon meetings.]
3. Payment of money from the funds of the board shall be made upon the written order of the president countersigned by the secretary-treasurer.
Sec. 7. NRS 638.090 is hereby amended to read as follows:
638.090 It shall be unlawful for any person to practice veterinary medicine, surgery, obstetrics or dentistry within the State of Nevada without first obtaining a license so to do as provided in this chapter.
Sec. 8. NRS 638.100 is hereby amended to read as follows:
638.100 1. Any person who desires to secure a license to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada shall make written application to the secretary-treasurer of the board.
2. The application shall be accompanied by satisfactory proof that the applicant:
(a) Is more than 21 years of age.
(b) Is of good moral character.
(c) Has received a diploma conferring the degree of doctor of veterinary medicine or its equivalent from a veterinary school or college [authorized by law to confer such degree.
(d) Is possessed of professional and educational qualifications at least equal to those required for a permanent appointment as a veterinary inspector in the Bureau of Animal Industry, United States Department of Agriculture, or membership in the American Veterinary Medical Association.] approved by the American Veterinary Medical Association.
(d) Is a citizen of the United States or has filed a declaration of intention to become a citizen.
κ1960 Statutes of Nevada, Page 413 (CHAPTER 237, SB 129)κ
3. The application shall also be accompanied by a fee of [$10.] $100.
4. The board may refuse to issue a license upon satisfactory proof that the applicant:
(a) Has been guilty of unprofessional conduct;
(b) Has been guilty of gross immorality;
(c) Is guilty of habitual drunkenness;
(d) Is addicted to the use of habit-forming drugs; or
(e) Has been convicted of a felony.
Sec. 9. NRS 638.110 is hereby amended to read as follows:
638.110 1. [The board may] Except as otherwise provided by NRS 638.120, the board shall examine an applicant for a license [, either in writing or orally, or both,] in order to determine his qualifications, and may issue or deny a license on the basis of the examination. Such examination may be both theoretical and practical. The theoretical examination may be written or oral, or part written and part oral.
2. If an applicant shall be denied a license as a result of such an examination, the fee tendered shall not be returned to the applicant.
Sec. 10. NRS 638.120 is hereby amended to read as follows:
638.120 1. The board may in its discretion license an applicant without examination upon sufficient proof that the applicant [holds a currently valid license to practice elsewhere, where the requirements are at least equal to those provided in this chapter, or] has a currently valid certificate of qualification from the National Board of Veterinary Medical Examiners.
2. If an applicant for a license under this section is denied a license, any fee or fees tendered by him may be returned to him in the discretion of the board.
Sec. 11. NRS 638.130 is hereby amended to read as follows:
638.130 Before beginning practice, every person licensed to practice veterinary medicine, surgery, obstetrics or dentistry in the State of Nevada shall register his license with the county clerk of the county in which he resides.
Sec. 12. NRS 638.150 is hereby amended to read as follows:
638.150 Nothing in this chapter shall be construed to apply:
1. To the gratuitous castrating, dehorning or vaccinating of domesticated animals nor to the gratuitous treatment of diseased animals by friends or neighbors of the owner thereof.
2. [To any person treating diseased animals who does not in any way assume to practice as a veterinary surgeon.
3.] To debar any veterinarian in the employ of the United States Government or the State of Nevada from performing official duties necessary for the conduct of the business of the United States Government or the State of Nevada, or a political subdivision thereof, upon which he is assigned.
[4.] 3. To any veterinarian who shall be called into the state for consultation by a person licensed to practice under this chapter [.] , or to locum tenens not to exceed 90 days in any 12-month period.
[5. To any veterinarian resident in an adjoining state, near the boundaries of this state, whose field for practice properly extends to points within this state, so long as the greater portion of his practice is in the state of his residence and he does not open or maintain an office or branch office within this state, and provided that he is licensed to practice veterinary medicine, surgery and dentistry in the state wherein he resides.]
κ1960 Statutes of Nevada, Page 414 (CHAPTER 237, SB 129)κ
points within this state, so long as the greater portion of his practice is in the state of his residence and he does not open or maintain an office or branch office within this state, and provided that he is licensed to practice veterinary medicine, surgery and dentistry in the state wherein he resides.]
Sec. 13. Chapter 638 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 and 15 of this act.
Sec. 14. Unless the board finds, after the filing with the board of a protest by a person licensed under the provisions of this chapter, that the area involved is adequately served by a person or persons licensed under the provisions of this chapter, any veterinarian who resides in an adjoining state, and whose area of practice reasonably extends to points within this state, may practice veterinary medicine, surgery, obstetrics or dentistry within this state if:
1. The greater portion of his practice is in the state of his residence.
2. He does not open or maintain an office or branch office within this state.
3. He is licensed to practice veterinary medicine, surgery, obstetrics and dentistry in the state wherein he resides.
Sec. 15. 1. On or before January 1 of each year, the secretary-treasurer shall mail to each person licensed under the provisions of this chapter an application form for renewal of license.
2. Each applicant for renewal shall complete the form and return it to the secretary-treasurer, accompanied by the renewal license fee, before March 1 of such year. The renewal license fee shall be set by the board in an amount not to exceed $15.
3. Upon receipt of the application and fee, the board shall issue to such person a certificate of renewal.
4. Any person who fails to renew his license on or before May 1 of such year shall forfeit his license.
5. When a person has forfeited his license in the manner provided is subsection 4, the board may reinstate such person and issue a certificate of renewal upon payment of a fee of $50.
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κ1960 Statutes of Nevada, Page 415κ
Senate Bill No. 127Committee on Livestock
CHAPTER 238
AN ACT to amend NRS sections 576.010 to 576.040, inclusive, 576.080 to 576.110, inclusive, 576.140 and 576.150, relating to livestock and farm products dealers and brokers, by defining additional terms; by including commission merchants in the provisions of such sections; by providing for renewal of licenses; and by providing additional exceptions; to amend chapter 576 of NRS, relating to livestock and farm products dealers and brokers, by adding a new section providing for licenses; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 576.010 is hereby amended to read as follows:
576.010 As used in this chapter unless the context clearly requires otherwise:
1. Agent means any person [buying or receiving, or soliciting or negotiating the sale, resale, exchange or transfer of livestock or farm products for or on behalf of any broker or dealer.] who, on behalf of any commission merchant, or dealer, or broker or cash buyer, receives, contracts for or solicits the sale, exchange or transfer of farm products or livestock from a producer thereof, or who negotiates the consignment or purchase of any farm product or livestock on behalf of any commission merchant, dealer, broker or cash buyer.
2. Board means the state board of stock commissioners.
3. Broker means any person other than a dealer, commission merchant or cash buyer who negotiates the purchase or sale of any farm product.
4. Cash buyer means any person other than a commission merchant or dealer or broker who purchases or offers to purchase any farm products or livestock for the purpose of processing or resale and who pays for such farm products or livestock in lawful money of the United States or by certified check at the time of purchase or delivery thereof, or at the time the price of such farm products or livestock may be determined, if the price or value thereof is subject to determination by inspection, grade or pack out.
5. Commission merchant means any person other than a dealer, or broker, or cash buyer, who shall receive on consignment or solicit from the producer thereof for the purpose of resale, or who shall sell or offer for sale on commission any farm product or livestock, or who shall in any way handle for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.
6. [3.] Dealer [or broker] means any person [buying, selling, receiving, exchanging, negotiating or soliciting the sale, resale, exchange or transfer of any livestock or farm products.] other than a commission merchant or broker or cash buyer who solicits, contracts for or obtains from the producer thereof title, possession or control of any farm product or livestock, or who buys or agrees to buy any farm product or livestock from the producer thereof.
κ1960 Statutes of Nevada, Page 416 (CHAPTER 238, SB 127)κ
7. [4.] Farm products includes all agricultural, horticultural, viticultural and vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay, but not timber products, or milk and milk products.
8. Fixed and established place of business means any warehouse, building, storeroom or stockyard, either owned or leased, at which the owner conducts a legitimate permanent business in good faith, and at which stocks of farm products or livestock are kept in quantities usually carried and reasonably adequate to meet the requirements of the business therein conducted.
9. Immediate resale means a sale of farm products or livestock made within 60 days of the purchase thereof.
10. [5.] Livestock includes all kinds and ages, and both sexes, singular and plural, of the bovine and equine species and sheep, goats and hogs.
11. [6.] Person mean any individual, partnership, firm, corporation or association.
Sec. 2. NRS 576.020 is hereby amended to read as follows:
576.020 [After July 1, 1959, no person may act as a dealer or broker in this state without first securing a license therefor from the board.] After July 1, 1960, no person shall act as a dealer, broker or commission merchant dealing in farm products or livestock with the producer thereof without first securing a license from the board. A person doing business solely as a cash buyer as that term is defined in NRS 576.010 shall register with the board and be licensed only as a cash buyer, and pay such fee as the board shall require.
Sec. 3. NRS 576.030 is hereby amended to read as follows:
576.030 An application for a license as a dealer [or] , broker or commission merchant shall be on forms prescribed and furnished by the board and shall set forth the applicants name, present address, addresses for the preceding 3 years, the county or counties in which the applicant proposes to engage in business, and the nature of the business, and such other information as the board may reasonably require.
Sec. 4. NRS 576.040 is hereby amended to read as follows:
576.040 1. Each applicant to whom a license to act as a dealer [or] , broker or commission merchant is issued shall file a bond of a surety company authorized to do business in this state or a bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond. The bond shall be in the form prescribed by, and to the satisfaction of, the board, conditioned for the payment of a judgment or judgments against the applicant furnishing the bond and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products.
2. In lieu of filing a bond, the dealer [or] , broker or commission merchant may deliver to the board the receipt of a duly authorized bank or trust company in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond.
κ1960 Statutes of Nevada, Page 417 (CHAPTER 238, SB 127)κ
bank or trust company in this state showing the deposit with such bank or trust company of cash or of securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgments against the dealer [or] , broker or commission merchant of record in the county or counties in which the dealer [or] , broker or commission merchant is doing business or wherein he resides. An action for recover against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.
3. The amount of such bond or deposit shall be $5,000.
4. All bonds shall be renewed prior to the expiration date thereof.
5. Any person injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer [or broker,] , broker or commission merchant, may maintain a civil action against such dealer [or] , broker or commission merchant and the surety or sureties on the bonds, or either of them.
Sec. 5. NRS 576.080 is hereby amended to read as follows:
576.080 Licenses shall be in such form as the board may prescribe, shall be under the seal of the board and shall set forth:
1. The name and address of the dealer [or] , broker or commission merchant.
2. The period of the license.
3. Such other information as the board reasonably may require.
Sec. 6. NRS 576.090 is hereby amended to read as follows:
576.090 [Licenses shall expire on June 30 of each year next succeeding their issuance and may be renewed annually upon application as in the case of original licenses.] All licenses shall expire 1 year after the issuance thereof.
Sec. 7. NRS 576.100 is hereby amended to read as follows:
576.100 No agent may act for any dealer [or] , broker or commission merchant unless such dealer [or] , broker or commission merchant is licensed and has designated the agent to act in his behalf and notified the board in writing of the appointment of such agent. The dealer [or] , broker or commission merchant is accountable and responsible for contracts made by his agents.
Sec. 8. NRS 576.110 is hereby amended to read as follows:
576.110 1. The board on its own motion may, or upon the verified complaint of any interested party shall, investigate, examine or inspect any transaction involving solicitation, receipt, sale or attempted sale of farm products by any person or persons acting or assuming to act as a dealer, agent, commission merchant or broker, the intentional making of false statements as to condition and quantity of any farm products received or in storage, the intentional making of false statements as to market conditions, the failure to make payment for farm products within the time required by this chapter, and all other injurious transactions.
κ1960 Statutes of Nevada, Page 418 (CHAPTER 238, SB 127)κ
2. In furtherance of any such investigation, examination or inspection, the board or any authorized representative may examine that portion of the ledgers, books, accounts, memoranda and other documents, farm products, scales, measures and other articles and things used in connection with the business of such person relating to the transaction involved.
Sec. 9. NRS 576.140 is hereby amended to read as follows:
576.140 This chapter shall not apply to:
1. The Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior livestock show, the Nevada state livestock show, the Nevada Hereford Association, or any other organization or association which is entirely nonprofit in character.
2. Any railroad transporting livestock either interstate or intrastate.
3. [Any person who receives livestock exclusively for slaughtering purposes within the State of Nevada.
4.] Any farmer or rancher purchasing or receiving livestock for grazing, pasturing or feeding on his premises and not for immediate resale.
[5.] 4. Operators of public livestock auctions as defined in NRS 573.010 [.
6. Any person who sells livestock or farm products which have been raised, grown or fed on the premises of such person.
7.] , and all buyers of livestock at such auctions at which the public livestock auction licensee does not control title or ownership to the livestock being sold or purchased at such auctions, and any person subject to and operating under a bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. sec. 204) and the regulations promulgated thereunder. All persons exempted by the provisions of this subsection shall register annually with the board, giving the location of their place of business, the number of their license and bond and the expiration date thereof. The board may charge a fee sufficient to defray the expense incident to such registration.
5. Any farmer or rancher whose farm or ranch is located in the State of Nevada, [purchasing or receiving livestock or farm products from any other farmer or rancher.
8. Any person who purchases livestock or farm products in cash or its equivalent.
9. Any farmer or rancher whose farm or ranch is located in the State of Nevada, and any retail or wholesale merchant whose principal place of business is located in the State of Nevada, purchasing or receiving eggs.] who buys or receives farm products or livestock from another farmer or rancher not for immediate resale.
6. Any retail merchant having a fixed and established place of business in this state and who conducts a retail business exclusively.
Sec. 10. NRS 576.150 is hereby amended to read as follows:
576.150 Any person who acts as a dealer [or] , broker or commission merchant without a license therefor as required by this chapter, or who violates any of the provisions of this chapter, or any of the rules or regulations lawfully promulgated under the provisions of this chapter, is guilty of a misdemeanor.
κ1960 Statutes of Nevada, Page 419 (CHAPTER 238, SB 127)κ
or who violates any of the provisions of this chapter, or any of the rules or regulations lawfully promulgated under the provisions of this chapter, is guilty of a misdemeanor.
Sec. 11. Chapter 576 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who has applied for and obtained a license as a dealer, broker or commission merchant as provided in this chapter may apply for and secure a license in any or all of the remaining classifications without payment of further fee upon complying with the provisions of this chapter relating to the licensing of the other classifications involved.
Sec. 12. This act shall become effective July 1, 1960.
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Senate Bill No. 116Committee on Judiciary
CHAPTER 239
AN ACT to amend NRS sections 37.100 and 37.170, relating to eminent domain proceedings, by allowing a plaintiff to deposit money with the court in lieu of a bond; and by allowing a defendant to make application for the payment of such money prior to judgment; to amend chapter 37 of NRS, relating to eminent domain, by adding a new section providing for interest on eminent domain judgments; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 37.100 is hereby amended to read as follows:
37.100 1. The plaintiff may move the court or a judge thereof, at any time after the commencement of suit, on notice for such time as the court or judge may direct to the defendant, if he is a resident of the county, or has appeared in the action, otherwise by serving a notice directed to him on the clerk of the court, for an order permitting the plaintiff to occupy the premises sought to be condemned, pending the entry of judgment, and to do such work thereon as may be required for the easement, fee, or property rights sought, according to its nature.
2. The court or a judge thereof shall take proof, by affidavit or otherwise, of the value of the premises sought to be condemned and of the damages which will accrue from the condemnation, and of the reasons for requiring a speedy occupation, and shall grant or refuse the motion according to the equity of the case and the relative damages which may accrue to the parties.
3. If the motion is granted, the court or judge shall require the plaintiff to execute and file in court a bond to the defendant, with sureties, to be approved by the court or judge in a penal sum to be fixed by the court or judge, not less than double the value of the premises sought to be condemned and the damages which will ensue from condemnation and occupation, as the same may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages, in case the property is condemned, and to pay all damages arising from occupation before judgment in case the premises are not condemned, and all costs adjudged to the defendant in the action.
κ1960 Statutes of Nevada, Page 420 (CHAPTER 239, SB 116)κ
condemnation and occupation, as the same may appear to the court or judge on the hearing, and conditioned to pay the adjudged value of the premises and all damages, in case the property is condemned, and to pay all damages arising from occupation before judgment in case the premises are not condemned, and all costs adjudged to the defendant in the action. The sureties shall justify before the court or judge, after a reasonable notice to the defendant of the time and place of justification. [The amounts fixed shall be for the purpose of the motion only, and shall not be admissible in evidence on final hearing.]
4. In lieu of a bond the plaintiff, with the consent of the court, may deposit with the clerk of the court a sum equal to the value of the premises plus damages, as appraised by the plaintiff. Upon application of the defendant and upon notice to all parties, the court or judge may order the money deposited with the clerk of the court or any part thereof to be paid to the defendant. If the amount of the compensation awarded upon judgment is less than the sum deposited and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess. Application by the defendant to the court for withdrawal of part or all of the money deposited and the payment of such money to the defendant shall not prejudice the right of the defendant to contest the amount of compensation to be finally awarded. The receipt by the defendant of a part or all of the money deposited shall be conditioned upon the waiver of all defenses except those relating to the amount of compensation.
5. The amount of the penal bond or the deposit shall be for the purpose of the motion only and shall not be admissible in evidence on final hearing.
6. The court or judge may also restrain the defendant from hindering or interfering with the occupation of the premises and the doing thereon of the work required for the easement, fee, or property rights.
[5] 7. The provisions of this section requiring the execution and filing of a bond shall not apply in any action or proceeding in which the State of Nevada is the plaintiff, but the public faith and credit of the State of Nevada is hereby pledged as security in lieu of the bond.
Sec. 2. NRS 37.170 is hereby amended to read as follows:
37.170 1. At any time after the entry of judgment, or pending an appeal by either party from the judgment to the supreme court, whenever the plaintiff shall have paid into court for the defendant the full amount of the judgment, and such further sum as may be required by the court as a fund to pay any further damages and costs that may be recovered in the proceedings, as well as all damages that may be sustained by the defendant, if for any cause the property shall not be finally taken for public use, the district court in which the proceeding was tried may, upon motion of the plaintiff, authorize the plaintiff, if already in possession, to continue therein, and if not, then to take possession of and use the property during the pendency of and until the final conclusion of the litigation, and may, if necessary, stay all actions and proceedings against the plaintiff on account thereof.
κ1960 Statutes of Nevada, Page 421 (CHAPTER 239, SB 116)κ
the final conclusion of the litigation, and may, if necessary, stay all actions and proceedings against the plaintiff on account thereof.
2. The defendant, who is entitled to the money paid into court for him upon any judgment, shall be entitled to demand and receive the same at any time thereafter upon obtaining an order therefor from the court. The court or judge thereof shall, upon application being made by such defendant [,] and notice to all parties, order and direct that the money so paid into court for him be delivered to him upon his filing a satisfaction of the judgment, or upon his filing a receipt therefor, and an abandonment of all defenses to the action or proceeding, except as to the amount of damages that he may be entitled to in the event that a new trial shall be granted. A payment to a defendant, as aforesaid, shall be held to be an abandonment by such defendant of all defenses interposed by him, excepting his claim for greater compensation.
3. If the [plaintiff appeals from any final order or judgment of the court, any moneys paid into the court under the provisions of this section shall remain in the custody of such court pending final conclusion of litigation.] amount of the compensation awarded upon final judgment exceeds the sum paid into court, the court shall enter judgment against the plaintiff and in favor of the defendant. If the amount of the compensation awarded upon final judgment is less than the sum paid into court and paid to the defendant, the court shall enter judgment in favor of the plaintiff and against the defendant for the amount of the excess.
Sec. 3. Chapter 37 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The plaintiff shall pay interest on the final judgment at the rate of 7 percent per annum, but shall not pay interest on any sum deposited pursuant to the provisions of NRS 37.100 or 37.170.
2. Such interest shall run from the date of entry of judgment or, if the plaintiff has occupied the property of the defendant pursuant to the provisions of NRS 37.100, from the date of the order permitting occupancy, until the final judgment is satisfied.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 422κ
Senate Bill No. 86Senator Gallagher
CHAPTER 240
AN ACT to amend NRS sections 423.170 and 423.250, relating to orphans declared wards of the state, by raising the age of majority of male orphans who are wards of the state from 16 to 18; and by providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 423.170 is hereby amended to read as follows:
423.170 1. It is hereby determined and declared that:
(a) All whole orphans duly admitted to the Nevada state childrens home thereby become wards of the State of Nevada, and are entitled, under the provisions of this chapter, to the care, protection and guardianship of the State of Nevada.
(b) The State of Nevada, for the care, protection and guardianship of all such wards, is entitled to their services as provided in this chapter, and has the right to train and educate them for useful places in society, and that such rights of the state are superior to the claims of any and all relations or persons, resident or nonresident.
2. For the purpose of this chapter, the age of majority for all [females] orphans who are or may be wards of the state shall be 18 years. [, and for all males, 16 years.]
Sec. 2. NRS 423.250 is hereby amended to read as follows:
423.250 1. Whenever the superintendent shall deem it for the best interests of any child in the Nevada state childrens home or of the state, he may discharge any child therein.
2. Upon receipt of a certificate of the district judge of the county from which any orphan or any child admitted under the provisions of NRS 423.200 was sent that any parent or guardian is competent to resume the guardianship of such child, the superintendent shall release the child and return him to the guardian. The guardian shall be required to pay all expenses incident to the removal and return of the child to his guardian.
[3. When a male orphan nears the age of 16 years, the superintendent shall notify the board of county commissioners of the county from which the male orphan was sent to the Nevada state childrens home of his coming to maturity so that the board of county commissioners may find a place to teach him a useful trade or occupation or place him in some useful employment. When placed, the male orphan shall, at all times, be under the supervision of the board of county commissioners until he arrives at the age of 18 years. All labor and occupation shall be fitted to the capacity and best ability of the male orphan as the board of county commissioners may determine.]
Sec. 3. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 423κ
Senate Bill No. 80Committee on Judiciary
CHAPTER 241
AN ACT to amend NRS section 133.220, relating to interests acquired after the execution of wills, by clarifying language.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 133.220 is hereby amended to read as follows:
133.220 Any estate, right or interest in lands acquired by the testator after the making of his or her will shall pass thereby in like manner as if it [passed at] had been acquired prior to the time of making the will, if such should manifestly appear by the will to have been the intention of the testator.
________
Senate Bill No. 76Senator Gallagher
CHAPTER 242
AN ACT to amend chapter 423 of NRS, relating to the Nevada state childrens home, by adding a new provision designating the superintendent as trustee of moneys received by children in such home; providing for accumulation and investment of such moneys; providing a procedure for removal of the superintendent as trustee; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 423 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in NRS 423.230, all moneys received by a child in the Nevada state childrens home, including but not limited to Social Security benefits, benefits paid to heirs of United States employees and payments payable by the United States through the Veterans Administration, shall be held by the superintendent in trust for such child, to be paid over to such child or his parent or legal guardian upon release from the school. No such moneys shall be paid over to a foster parent.
2. The superintendent as trustee shall accumulate such moneys during the period the child is a ward of the state under the provisions of chapter 423 of NRS, and shall invest such moneys subject to the provisions of NRS 164.050 to 164.065, inclusive.
3. The superintendent may be removed as trustee of such moneys only upon application to the First Judicial District Court of the State of Nevada, in and for the county of Ormsby. Such district court may, for good cause shown and upon notice to the beneficiary, relieve the superintendent from his duties as trustee.
κ1960 Statutes of Nevada, Page 424 (CHAPTER 242, SB 76)κ
4. The superintendent shall execute a surety bond pursuant to the provisions of NRS 282.230 to 282.350, inclusive, in the sum of $25,000, conditioned on the faithful performance of his duties as trustee.
________
Senate Bill No. 68Committee on Judiciary
CHAPTER 243
AN ACT to amend NRS sections 467.010 to 467.060, inclusive, 467.080, 467.100, 467.120 to 467.150, inclusive, 467.180 and chapter 467 of NRS, relating to boxing and wrestling, by defining additional terms, providing for compensation of members of the Nevada athletic commission and inspectors, for additional rules, for fees, for control and disposition of funds, for licenses and permits, for bonds and insurance, for hearings, for travel expenses and for penalties; by creating a medical advisory board; by providing other matters properly relating thereto; and to repeal NRS section 467.090, relating to free licenses for ex-service and fraternal organizations.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 467.010 is hereby amended to read as follows:
467.010 As used in this chapter:
1. Applicant entity means any club, organization, corporation, association or individual.
2. Board means the medical advisory board.
3. Commission means the Nevada athletic commission.
[3.] 4. Foreign copromoter means a promoter who has no place of business within this state.
5. Person means any individual, partnership, association or corporation.
6. Professional boxer or professional wrestler [is deemed to be] means an individual who competes for money, prizes or purses, or who teaches or pursues or assists in the practice of boxing or wrestling as a means of obtaining a livelihood or pecuniary gain.
7. Promoter means any person, and in the case of a corporate promoter includes any officer, director or stockholder thereof, who produces or stages any professional boxing or wrestling contest or exhibition.
8. Purse means the financial guarantee or any other remuneration, or part thereof, for which professional boxers or wrestlers are participating in a contest or exhibition and includes the participants share of any payment received for radio broadcasting, television or motion picture rights.
9. Ring official means any person, who performs an official function during the progress of a contest or exhibition.
Sec. 2. NRS 467.020 is hereby amended to read as follows:
467.020 1. The Nevada athletic commission, consisting of 5 members appointed by the governor, is hereby created.
κ1960 Statutes of Nevada, Page 425 (CHAPTER 243, SB 68)κ
2. Each member shall hold office at the pleasure of the governor, but in no event shall a member hold office in excess of 4 years except by reappointment of the governor.
3. Three members of the commission shall constitute a quorum for the exercise of the powers or authority conferred upon the commission, and a concurrence of at least three of the members shall be necessary to render a choice or a decision by the commission.
4. [No member shall receive any compensation for his services.
5.] No member shall at any time during his service as a member of the commission promote or sponsor any boxing [or wrestling contest.] contest, wrestling exhibition or combination of such events, or have any financial interest in the promotion or sponsorship of such contests or exhibitions.
Sec. 3. NRS 467.030 is hereby amended to read as follows:
467.030 1. The members of the commission shall elect one of their number as chairman of the commission.
2. The commission may purchase and use a seal.
3. The commission may make rules for the administration of this chapter not inconsistent with the provisions of this chapter as it deems expedient. The commission may thereafter amend and revoke its rules, and from time to time may make new rules. Such rules shall include but not be limited to:
(a) Number and qualifications of ring officials required at any exhibition or contest.
(b) Powers, duties and compensation of ring officials.
(c) Qualifications of licensees.
4. The commission shall prepare all forms of contracts between sponsors, licensees, promoters and contestants. [, and the superintendent of state printing shall cause the same to be printed upon the request of the commission secretary.]
5. Any necessary expenses of preparing contracts, regulations and other rules of the commission shall be paid from the license fees as provided in this chapter.
Sec. 4. NRS 467.040 is hereby amended to read as follows:
467.040 1. The commission shall appoint one of its members as [treasurer] secretary-treasurer of the commission.
2. [All funds paid to the commission for the licenses shall be retained by the treasurer.
3. The treasurer and the commission shall report to the governor annually. The report shall show receipts and disbursements and the condition of the funds held by the treasurer as of December 31 of each year. The report shall be filed with the governor not later than January 15 of each year for the year immediately prior to the December 31 last preceding.
4. The funds in the hands of the treasurer shall always be subject to legislative disposal or appropriation.] There is hereby created in the state treasury a special fund designated as the Nevada athletic commission fund. All moneys received by the secretary-treasurer or the commission pursuant to the provisions of this chapter shall be paid into such fund and shall be expended solely for the enforcement of the provisions of this chapter.
κ1960 Statutes of Nevada, Page 426 (CHAPTER 243, SB 68)κ
into such fund and shall be expended solely for the enforcement of the provisions of this chapter.
Sec. 5. NRS 467.050 is hereby amended to read as follows:
467.050 1. For each county of the state the commission [shall] may appoint one or more official [representative] representatives to be designated as [an inspector.] inspectors, and shall appoint one chief inspector in each county having a population of 50,000 or more. The chief inspectors shall supervise the work of all other inspectors appointed by the commission. Each inspector shall receive from the commission a card authorizing him to act as an inspector for the county designated. He shall hold office as an inspector at the pleasure of the commission.
2. [No inspector shall receive any compensation for his services.
3.] No inspector shall at any time during his service as an inspector promote or sponsor any boxing [or wrestling contest.] contest, wrestling exhibition or combination of such events.
Sec. 6. NRS 467.060 is hereby amended to read as follows:
467.060 1. Members of the commission, or its inspectors, when authorized by the chairman, shall be entitled to receive necessary traveling expenses in the transaction of the business of the commission. Such expenses shall include [the actual living expenses not to exceed $6 per day, and the amount allowed for traveling by private conveyance shall not exceed the amount charged by public conveyance.
2. Where it appears to the satisfaction of the chairman that travel by private conveyance is more economical or where it appears that, owing to train, airplane or bus schedule or for other reasons, travel by public conveyance is impractical or in case where a part of the route traveled is not covered by public conveyance, the chairman, in his discretion, is authorized to allow for traveling by private conveyance an amount not to exceed 7 1/2 cents per mile so traveled.] traveling expenses and subsistence allowances in the amount provided by law for other state officers and employees.
[3.] 2. No authority shall be granted by the chairman for any travel unless funds are available in the [hands of the treasurer of the commission] Nevada athletic commission fund with which to pay the expenses incurred.
Sec. 7. NRS 467.080 is hereby amended to read as follows:
467.080 1. The commission may, in its discretion, issue and revoke licenses to conduct, hold or give boxing, sparring or wrestling contests, matches or exhibitions where an admission fee is received, to any applicant entity under such terms and in accordance with such provisions as the commission may prescribe.
2. Any application for such a license shall be in writing and shall correctly show and define the owner or owners of the applicant entity. The application shall be accompanied by an annual fee to be fixed by the commission on a uniform scale or basis. [either proportionate to the population of the city or town in which the applicant entity desires to do business, or proportionate to the price charged for ringside seats or admissions, or upon either or both of such bases.]
κ1960 Statutes of Nevada, Page 427 (CHAPTER 243, SB 68)κ
3. Before any license is granted to an applicant entity which has filed its application as provided in this section, the applicant entity must file a bond in an amount fixed by the commission but not [to exceed] less than $2,000, with good and sufficient surety, and conditioned for the faithful performance by the applicant entity of the provisions of this chapter.
4. If the commission believes such bond is inadequate, the commission may require the promoter to place in escrow an amount to be fixed by the commission. Such amount shall be deposited in a bank licensed to do business in the state not less than 30 days prior to the contest or exhibition. The amount in escrow may be used to satisfy any obligation incurred by the promoter during the staging of such contest or exhibition upon order of the commission. After satisfaction of all such obligations the member shall release the remainder of the amount in escrow to the promoter.
Sec. 8. NRS 467.100 is hereby amended to read as follows:
467.100 1. All applicant entities, [whether clubs, corporations, organization, associations or individuals, and all referees, professional boxers, professional wrestlers, and the managers of each of the same,] promoters, foreign copromoters, professional boxers, professional wrestlers, managers, seconds, sparring partners, trainers, booking agents and ring officials shall be licensed by the commission. No person shall be permitted to participate, either directly or indirectly, in any boxing, sparring or wrestling matches, contests or exhibitions or the holding thereof, unless such person shall have first procured a license from the commission.
2. The commission shall have power and authority to fix a uniform scale of license fees. [not to exceed $5 per year to be required of and paid by referees, boxers, wrestlers and managers.]
3. It shall be a violation of this chapter for any person to participate, directly or indirectly, as stated in subsection 1, unless he shall have been granted a license therefor.
Sec. 9. NRS 467.120 is hereby amended to read as follows:
467.120 1. Every contestant competing under the terms of this chapter or regulation of the commission shall be entitled to receive and shall receive a copy of a written contract or agreement approved as to form by the commission binding the licensee to pay to the contestant a certain fixed fee or percentage of the gate receipts.
2. One copy of such agreement shall be filed with the [secretary] secretary-treasurer of the commission and one copy shall be retained by the licensee or sponsor of the contest.
3. The inspector or member of the commission in attendance at the contest shall determine whether such agreement has been delivered to each contestant and may require that a sufficient amount of the gate receipts be impounded to pay the contestants according to such agreement.
Sec. 10. NRS 467.130 is hereby amended to read as follows:
467.130 [No contestant shall be paid for services before a contest.] 1. No promoter or foreign copromoter may pay or give any money to a licensee before any boxing contest as an advance against a contestants purse or for a similar purpose, except that a promoter may, with the prior written permission of a member of the commission, pay or advance to a contestant necessary expenses for transportation and maintenance in preparation for a contest.
κ1960 Statutes of Nevada, Page 428 (CHAPTER 243, SB 68)κ
licensee before any boxing contest as an advance against a contestants purse or for a similar purpose, except that a promoter may, with the prior written permission of a member of the commission, pay or advance to a contestant necessary expenses for transportation and maintenance in preparation for a contest.
2. Should it be determined by the referee and the commission that a contestant did not give an honest exhibition of his skill, or did not honestly compete, such services shall not be paid for.
3. If a contestants purse is forfeited, the promotor shall be held responsible for the total purse and the commission may include such payments or advances as part of the forfeiture. If the promoter does not forthwith forward such amount to the commission, it may be recovered in the same manner as a debt due the state.
Sec. 11. NRS 467.140 is hereby amended to read as follows:
467.140 [1. An] A chief inspector or a member of the commission shall be present at all weigh-ins, medical examinations, contests, exhibitions or matches, and shall see that the rules are strictly enforced.
[2. A duly licensed referee shall be in attendance at each boxing contest, sparring match or exhibition, and he shall direct and control the same. Before starting a contest the referee shall learn from each participant the name of his chief second, and shall hold the chief second responsible for the conduct of his assistant seconds during the contest.
3. The referee shall have power, in his discretion, to order held up and impounded any prizes, remunerations or purses, or any part thereof, belonging to the contestants, or either of them, or any part of the gate receipts for which the contestants are competing, if in his judgment the contestant or contestants are not honestly competing or are guilty of a violation of any of the provisions of this chapter. The ultimate determination of the disposition of such prize, purse or gate receipts shall be referred to the commission.
4. The referee must stop a contest or match when either of the contestants shows marked superiority, or when one is apparently outclassed.]
Sec. 12. NRS 467.150 is hereby amended to read as follows:
467.150 [1.] No boxing contest, sparring match or exhibition shall be more than 15 rounds in length. Rounds shall be not more than 3 minutes. There shall be 1-minute rests between each round.
[2. No boxer shall be allowed to participate in more than 15 rounds within less than 12 consecutive hours.]
Sec. 13. NRS 467.180 is hereby amended to read as follows:
467.180 Any person who shall, directly or indirectly, violate any of the provisions of this chapter, or the rules or regulations of the commission, shall be guilty of a misdemeanor.
Sec. 14. Chapter 467 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 30, inclusive, of this act.
Sec. 15. 1. Members of the commission and its inspectors, when authorized by the chairman, shall receive as compensation $25 for each day on which a contest or exhibition is held and for each full day commission meeting.
κ1960 Statutes of Nevada, Page 429 (CHAPTER 243, SB 68)κ
2. The secretary-treasurer of the commission shall receive as compensation, in addition to the amount provided in subsection 1, an amount fixed by the commission. Such amount shall not exceed $150 per month.
Sec. 16. The commission may issue licenses without fees to referees and physicians authorizing them to officiate only at boxing contests, wrestling exhibitions or combinations thereof, between amateurs.
Sec. 17. 1. Every promoter or foreign copromoter, in order to present a program of boxing contests, wrestling exhibitions, or a combination of such events, shall obtain a permit from the commission for each such program.
2. The following fees shall accompany each application for a permit to present a program of contests or exhibitions:
Foreign copromoters permit...................................................................... $100
Promoters permit.......................................................................................... 25
Sec. 18. 1. The commission may, by rules and regulations, require licensed boxers and wrestlers to be covered by not less than $1,000 of insurance for medical, surgical and hospital care resulting from injuries sustained while preparing for or engaged in boxing or wrestling contests or exhibitions. The insured shall be the beneficiary of such policies.
2. This power, if exercised, shall in no way constitute a waiver of immunity to tort liability, either express or otherwise.
Sec. 19. 1. In addition to the payment of any other fees and moneys due under this chapter, every promoter shall pay an additional license fee of 3 percent of the total gross receipts of any boxing contest, wrestling exhibition, or combination of such events, exclusive of any federal tax or tax imposed by any political subdivision of this state.
2. For the purposes of this section, total gross receipts of every promoter shall include:
(a) The gross price chargeable for the sale, lease or other exploitation of broadcasting, television or motion picture rights of such contest or exhibition without any deductions for commissions, brokerage fees, distribution fees, advertising or other expenses or charges.
(b) The face value of all tickets sold and complimentary tickets issued.
Sec. 20. Each promoter of a boxing contest or wrestling exhibition shall have charge of all seating arrangements but shall furnish to each member of the commission who is present one ringside seat.
Sec. 21. The payment of the license fees provided for in section 19 of this act shall be made within 48 hours after the contest, exhibition or television broadcast and shall be accompanied by a form prescribed by the commission setting forth the gross receipts received from the contest, exhibition or television broadcast, together with such other information as the commission may require.
Sec. 22. Any promoter, owner or operator who willfully makes a false and fraudulent report under section 21 of this act shall be guilty of perjury, and upon conviction thereof shall be subject to punishment as provided by law.
κ1960 Statutes of Nevada, Page 430 (CHAPTER 243, SB 68)κ
as provided by law. Such penalty shall be in addition to any other penalties imposed by this chapter.
Sec. 23. 1. Any member of the commission may conduct hearings.
2. All hearings conducted under the provisions of this chapter shall be preceded by a written notice to be served upon the accused at least 30 days prior to the hearing.
3. At the hearing the accused shall have the right to:
(a) Appear personally and by counsel;
(b) Introduce evidence; and
(c) Examine and cross-examine witnesses.
4. Before any adjudication is rendered, a majority of the members of the commission shall be required to examine the record and approve the adjudication and order.
5. The commission shall file a written report of its findings, adjudication and order in the record of the proceedings and shall send a copy to the accused.
Sec. 24. The commission, or a quorum of three members thereof, may issue subpenas in connection with investigations requiring the attendance and testimony of or the production of books and papers by any licensee or other person whom the commission believes to have information, books or papers of importance to it in making the investigation.
Sec. 25. Each member of the commission may upon his own motion, or upon the verified written complaint of any person charging a licensee or permittee with violating any provision of this chapter or the rules and regulations promulgated thereunder, suspend for a period not exceeding 10 days, any license or permit until final determination by the commission, when in his opinion such action is necessary to protect the public welfare and the best interests of boxing or wrestling.
Sec. 26. 1. The medical advisory board is hereby created to assist the commission.
2. The board shall consist of nine members to be appointed by the governor. Of the initial members of the board, three shall be appointed for terms of 1 year, two for terms of 2 years, two for terms of 3 years, and two for terms of 4 years. The governor shall designate one of the members of the board as its chairman. The term of a member thereafter appointed shall be 4 years, except for a member appointed to fill a vacancy, whose appointment shall be for the unexpired term.
Sec. 27. Each member of the board shall:
1. Be licensed to practice medicine in this state; and
2. Have had at least 5 years experience in the practice of his profession at the time of his appointment.
Sec. 28. The members of the board shall serve without compensation.
Sec. 29. 1. The board shall prepare and submit to the commission for its approval standards for the physical and mental examination of boxers and wrestlers which shall safeguard their health. No standard shall become effective until approved by the commission. The board shall recommend to the commission, for licensing, physicians who are qualified to make the examinations of boxers and wrestlers.
κ1960 Statutes of Nevada, Page 431 (CHAPTER 243, SB 68)κ
shall recommend to the commission, for licensing, physicians who are qualified to make the examinations of boxers and wrestlers.
2. The board shall, upon request of the commission, advise the commission as to the physical and mental fitness of any individual boxer or wrestler.
Sec. 30. Every participant in a boxing contest shall be present and weighed in no later than 12 m. on the day of the contest.
Sec. 31. The amendments and additions to NRS contained in this act shall not affect any act done, liability incurred, right accrued or vested or action or prosecution pending as of July 1, 1960.
Sec. 32. If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Sec. 33. NRS 467.090 is hereby repealed.
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Senate Bill No. 65Senator Whitacre
CHAPTER 244
AN ACT to amend NRS section 548.120, relating to members of the state soil conservation committee, by changing the composition of the committee and authorizing certain members of the committee to appoint alternates; to repeal NRS section 548.130, relating to office space of the state soil conservation committee; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 548.120 is hereby amended to read as follows:
548.120 1. The following shall serve, ex officio, as members of the state soil conservation committee:
(a) [The director of the agricultural extension department of the public service division of the University of Nevada.
(b) The director of the agricultural experiment station of the public service division of the University of Nevada.
(c) The State Conservationist of the Soil Conservation Service.] The dean of the Max C. Fleischmann College of Agriculture of the University of Nevada.
(b) The executive officer of the state department of agriculture.
(c) The director of the state department of conservation and natural resources.
2. The governor shall appoint four members from a list of 10 names of persons submitted to him by the Nevada Association of Soil Conservation Districts, not more than one of which persons shall reside in any one county or district, who are or shall have been farm operators within the State of Nevada, to serve with the members designated in subsection 1 as the state soil conservation committee.
κ1960 Statutes of Nevada, Page 432 (CHAPTER 244, SB 65)κ
in any one county or district, who are or shall have been farm operators within the State of Nevada, to serve with the members designated in subsection 1 as the state soil conservation committee.
3. The ex officio members may appoint, in writing, alternates to attend any meeting of the committee, and such alternates shall have full voting powers.
Sec. 2. NRS 548.130 is hereby repealed.
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Senate Bill No. 61Senator Gallagher
CHAPTER 245
AN ACT to amend NRS sections 317.060 and 317.070, relating to television maintenance district trustees, costs, assessments and funds, by providing that each such district shall budget for the cost of collecting its assessments, and shall reimburse the county for such costs; by authorizing the board of county commissioners to allow compensation for extraordinary services performed by the county assessor; and by providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 317.060 is hereby amended to read as follows:
317.060 1. The trustees of the district shall annually certify to the board of county commissioners the amount of money necessary to maintain the property of the district [,] and to reimburse the county for the cost of collecting any assessments levied pursuant to this chapter, any special assessments needed to pay the principal or interest on special assessment bonds issued by the trustees, and any special assessments applicable to the district as a whole or any division thereof to pay the principal or interest on any loan made pursuant to NRS 317.040. The board of county commissioners, at the time of levying county taxes, shall make such assessment or assessments against every television receiver operated within the district or any division thereof, which receiver is used to receive the television broadcasts supplied by the district, in an amount sufficient to raise the money required by the district. Such assessments shall be collected by the a county assessor in the same manner as taxes are collected on unsecured personal property.
2. The board of county commissioners may provide compensation for the county assessor or his deputy, or both, for extra time spent and for mileage travelled in making and collecting such assessments.
Sec. 2. NRS 317.070 is hereby amended to read as follows:
317.070 1. The assessments collected, together with any other money received by the trustees of the district, shall be paid into the county treasury, and shall constitute a separate fund to be expended solely for the purposes of the district upon warrants signed by not less than two of the trustees of the district.
κ1960 Statutes of Nevada, Page 433 (CHAPTER 245, SB 61)κ
2. Each television district shall reimburse the county, from the fund provided for in this section, for all costs properly incurred in collecting any assessments levied under the provisions of this chapter.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 58Senator Settelmeyer
CHAPTER 246
AN ACT to amend chapter 244 of NRS, relating to county government, commissioners and management, by adding a new section allowing boards of county commissioners to grant exclusive franchises for garbage collection and disposal services outside incorporated cities; by providing for notices and regulations; by providing exceptions; and by providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any board of county commissioners may grant exclusive franchises to operate garbage collection and disposal services outside the limits of incorporated cities within the county.
2. The board of county commissioners may, by ordinance, regulate such services and fix fees or rates to be charged by the franchise holder.
3. A notice of the intention to grant any franchise shall be published once in a newspaper of general circulation in the county, and the franchise may not be granted until 30 days after such publication. The board of county commissioners shall give full consideration to any application or bid to supply such services, if received prior to the expiration of such 30 day period, and shall grant the franchise on terms most advantageous to the county and the persons to be served.
4. The provisions of chapter 709 of NRS shall not apply to any franchise granted under the provisions of this section, and a member of any board of county commissioners may vote on any such franchise notwithstanding the provisions of NRS 244.320.
5. Nothing in this section shall be construed to prevent any individual, partnership, corporation or asssociation from hauling his or its own garbage subject to the regulations of the board of county commissioners promulgated under the provisions of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 434κ
Senate Bill No. 44Committee on Banks, Banking and Corporations
CHAPTER 247
AN ACT to amend NRS section 686.475, relating to the revocation or suspension of the insurance license of a Nevada resident for violating the insurance laws of another state, by defining the word state.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 686.475 is hereby amended to read as follows:
686.475 1. The commissioner may revoke or suspend the license of any person domiciled or resident in Nevada and licensed to engage in the insurance business in Nevada, upon proof that such person, as the result of a hearing before the commissioner, director or superintendent of insurance or insurance department of another state, [territory, possession, province, country or district,] or in a judicial proceeding in another state, [territory, possession, province, country or district,] has been found to have violated the insurance laws of that state relating to unfair methods of competition or unfair or deceptive acts or practices in the conduct of the business of insurance, and either has had his license revoked or suspended in that state as a result thereof or has been found guilty of failing to comply with any order, decree or judgment issued pursuant to such hearing or judicial proceeding in that state.
2. The commissioner shall not revoke or suspend the license of any person on the grounds stated in subsection 1 until he has afforded the person and opportunity for a hearing following 10 days notice of the proposed revocation or suspension stating the grounds therefor.
3. Person as used in subsections 1 and 2 is defined in the same manner as provided in NRS 686.400.
4. State as used in subsection 1 means any state, territory, possession, province, county or district.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 435κ
Senate Bill No. 22Senator Frank
CHAPTER 248
AN ACT to amend NRS section 6.090, relating to trial jurors, by allowing sheriff to serve trial jurors personally with venire; to amend NRS sections 248.270 to 248.290, inclusive, relating to fees of sheriffs in certain counties, by establishing fees for serving trial jurors personally and for summoning trial jury; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.090 is hereby amended to read as follows:
6.090 1. To constitute a regular panel of trial jurors for the district court such number of names as the district judge may direct shall be drawn from the jury box. The district judge must make and file with the county clerk an order that a regular panel of trial jurors be drawn, and the number of jurors to be drawn must be named in the order. The drawing shall take place in the office of the county clerk, during regular office hours, in the presence of all persons who may choose to witness it. The panel shall be drawn by the district judge and clerk, or, if the district judge so directs, by any one of the county commissioners of the county and the clerk. If the district judge directs that the panel be drawn by one of the county commissioners of the county and the clerk, the district judge must make and file with the clerk an order designating the name of the county commissioner and fixing the number of names to be drawn as trial jurors and the time at which the persons whose names are so drawn shall be required to attend in court.
2. The drawing shall be conducted as follows:
(a) The number to be drawn having been previously determined by the district judge, the box containing the names of the jurors shall first be thoroughly shaken. It shall then be opened and the district judge and clerk, or one of the county commissioners of the county and the clerk, if the district judge has so ordered, shall alternately draw therefrom one ballot until of nonexempt jurors the number determined upon is obtained.
(b) If the officers drawing the jury deem that the attendance of any juror whose name is so drawn cannot be obtained conveniently and inexpensively to the county, by reason of the distance of his residence from the court or other cause, his name may, in the discretion of the officers, be returned to the box and in its place the name of another juror drawn whose attendance the officers may deem can be obtained conveniently and inexpensively to the county.
(c) A list of the names so obtained shall be made out and certified by the officers drawing the jury, which list shall remain in the clerks office subject to inspection by any officer or attorney of the court, and the clerk shall immediately issue a venire.
3. Every person named in the venire shall be served by the sheriff either personally or by mailing a summons to such person, commanding him to attend as a juror at a time and place designated therein.
κ1960 Statutes of Nevada, Page 436 (CHAPTER 248, SB 22)κ
either personally or by mailing a summons to such person, commanding him to attend as a juror at a time and place designated therein. [, which summons] If the summons is mailed, it shall be registered and deposited in the post office, addressed to such person at his usual post office address. The receipt of the person so addressed for the registered summons shall be regarded as personal service of the summons upon such person. [, and no mileage] Mileage shall be allowed only for personal service. The postage and registry fee shall be paid by the sheriff and allowed him as other claims against the county. The sheriff shall make return of the venire at least the day before the day named for their appearance, after which the venire shall be subject to inspection by an officer or attorney of the court.
Sec. 2. NRS 248.270 is hereby amended to read as follows:
248.270 1. The sheriff of Mineral County shall be allowed to charge and collect the following fees:
For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except a writ of habeas corpus, on every defendant ................................................................................................................................. $2.00
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile.................................................... .50
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.
For taking bond or undertaking in any case in which he is authorized to take the same ................................................................................................................................. 1.50
For copy of any writ, process or other paper, when demanded or required by law, for each folio......................................................................................................................... .30
For serving every notice, rule or order.................................................................... 1.00
For serving subpena, for each witness summoned............................................... .50
For traveling, per mile in serving subpenas, or a venire, in going only, for each mile .50
When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.
For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, together with traveling fees, as in cases of summons............................................................................................ 3.00
For making and posting notices, and advertising for sale, on execution, or any judgment, or order of sale, not to include the cost of publication in a newspaper....... 2.00
For issuing each certificate of sale of property on execution, or order of sale, and for filing a duplicate thereof with the county recorder, which shall be collected from the party receiving the certificate....................................................................................... 2.00
One-half of the fee shall be paid to the county recorder.
κ1960 Statutes of Nevada, Page 437 (CHAPTER 248, SB 22)κ
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof................................................. $5.00
For serving a writ of possession, or restitution, putting any person into possession entitled thereto...................................................................................................... 5.00
For traveling in the service of any process, not hereinbefore mentioned, for each mile necessarily traveled, for going only, for each mile.......................................... .50
2. The sheriff of Mineral County shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution, or process, where lands or personal property have been levied on, advertised or sold on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or where the lands or goods levied on shall not be sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.
(d) For all services in justices courts, the same fees as are allowed constables.
3. The sheriff shall also be allowed further compensation for his trouble and expense in taking possession of property under attachment, or execution, or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.
4. In service of subpena or venire in criminal cases, the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, shall be collected from the defendants, by virtue of such execution, or order of sale, in the same manner as the same may be therein directed to be made.
6. All fees collected by the sheriff of Mineral County shall be paid into the county treasury on or before the 5th day of the month next succeeding the month in which such fees are collected.
Sec. 3. NRS 248.280 is hereby amended to read as follows:
248.280 1. The sheriff of Ormsby County shall be entitled to fees as follows:
For serving a summons or complaint or any other process by which an action or proceeding is commenced, on every defendant.............................................. $2.00 For traveling in making such service, per mile, in going only (to be computed in all cases from the courthouse of the county), for the first 10 miles............................................................................ $0.50
κ1960 Statutes of Nevada, Page 438 (CHAPTER 248, SB 22)κ
For traveling in making such service, per mile, in going only (to be computed in all cases from the courthouse of the county), for the first 10 miles.............................. $0.50
For each additional mile................................................................................ .40
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.
For taking bond or undertaking, in any case in which he is authorized to take the same ................................................................................................................................. 1.50
For copy of any writ, process or other paper, when demanded or required by law, for each folio......................................................................................................................... .30
For serving a subpena, for each witness summoned............................................ .50
For serving every notice, rule or order.................................................................... 1.00
For traveling, per mile, in serving such subpena, or venire, in going only, for the first 10 miles........................................................................................................................ .50
For each additional mile................................................................................ .40
When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.
For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for delivery of personal property, together with traveling fees, as in cases of summons................................................................................................ 3.00
For serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereof created by law......................................................................................... 5.00
For making and posting notices and advertising for sale on execution or under any judgment or order of sale, not to include the cost of publication in an newspaper ................................................................................................................................. 2.00
For drawing and executing every sheriffs deed to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof................................................ 5.00
For serving a writ of possession or restitution, putting any person into possession entitled thereto...................................................................................................... 5.00
For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only, for the first 10 miles............................. .50
For each additional mile................................................................................ .40
For attending when required on any court, in person or by deputy, for each day, to be paid out of the county treasury......................................................................... 5.00
For bringing up a prisoner on habeas corpus, to testify or answer to any court, or for examination as to the cause of his arrest and detention, or to give bail...... 2.00
For holding each inquest or trial of right of property, when required, to include all services in the matter, except mileage............................................................... 10.00
For serving each subpena in criminal cases........................................................... .50
For summoning each trial jury of 12 persons....................................................... 6.00
For each additional juror........................................................................................ .50
κ1960 Statutes of Nevada, Page 439 (CHAPTER 248, SB 22)κ
2. The sheriff of Ormsby County shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first $500, 4 percent, not exceeding $1,000, but over $500, 2 percent, on all over $1,000 and not exceeding $1,500, and on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first $1,000, 1 percent, on all over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, the same mileage as in civil cases.
(d) For all services in justices courts, the same fees as are allowed to constables.
3. The sheriff shall also be allowed such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process and of preserving the same as the court from which the writ or order may issue shall certify to be just and reasonable.
4. In serving subpenas or venires in criminal cases the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution shall be collected from the defendants by virtue of such execution in the same manner as the same may be therein directed to be made.
6. The sheriff shall collect and safely keep all fees, percentages and compensations of whatever kind or nature allowed him by law, for services rendered by him or his deputies, and he shall, on the 5th day of the month next succeeding the month in which such fees, percentages and compensations are collected, pay the same to the county treasurer.
7. At the expiration of each month, the sheriff shall make out and file with the county treasurer a full and accurate statement, under oath, of all fees, percentages and compensations received in his official capacity during the month. He shall file a duplicate copy with the board of county commissioners, in which statement he shall set forth the causes in which and the services for which such compensations were received, and the board of county commissioners is prohibited from allowing the salary to the sheriff if he fails to comply with the provisions of this section.
8. The sheriff shall not perform any service except for the county or state until the fees prescribed by law are paid.
Sec. 4. NRS 248.290 is hereby amended to read as follows:
248.290 1. Except as provided in NRS 248.265 to 248.280, inclusive, sheriffs in counties wherein the total vote at the last general election did not exceed 800, and sheriffs in counties wherein the total vote at the last general election exceeded 800, shall be allowed the following fees:
κ1960 Statutes of Nevada, Page 440 (CHAPTER 248, SB 22)κ
Counties Counties
polling polling
800 votes over 800
or less votes
For serving a summons and complaint, or any other process by which an action or proceeding is commenced, on every defendant..... $2.00 $1.50
For traveling in making such service, per mile, in going only, to be computed in all cases from the courthouse of the county:
In counties poling 800 votes or less:
For the first 10 miles........................................................ .50 .
For each additional mile.................................................. .40 .
In counties polling over 800 votes...................................... .... .15
If any two or more papers are required to be served in the same suit, at the same time, where parties live in the same direction from the courthouse, one mileage only shall be charged.
For taking bond or undertaking in any case in which he is authorized to take the same......................................................................................... 1.50 1.00
For copy of any writ, process or other paper, when demanded or required by law, for each folio......................................................................... .30 .25
For serving every notice, rule or order............................................ 1.00 .50
For serving a subpena, for each witness summoned.................... .50 .25
For traveling per mile, in serving such subpena, or venire, in going only:
In counties polling 800 votes or less:
For the first 10 miles........................................................ .50 .
For each additional mile.................................................. .40 .
In counties polling over 800 votes...................................... . .15
When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.
For serving an attachment on property or levying an execution, or executing an order of arrest, or order for delivery of personal property, with traveling fees as in cases of summons...................................................... 3.00 2.00
For serving an attachment on any ship, boat or vessel in proceedings to enforce any lien thereon created by law................................... 5.00 4.00
For making and posting notices, and advertising for sale, on execution or order, any judgment or order of sale, not to include the cost of publication in a newspaper.............................................................................. 2.00 1.50
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall, in addition, pay for the acknowledgment thereof. 5.00 3.00
κ1960 Statutes of Nevada, Page 441 (CHAPTER 248, SB 22)κ
Counties Counties
polling polling
800 votes over 800
or less votes
For serving a writ of possession or restitution, putting any person in possession entitled thereto........................................................ $5.00 $3.00
For traveling in the service of any process not hereinbefore mentioned, for each mile necessarily traveled, for going only:
In counties polling 800 votes or less:
For the first 10 miles........................................................ .50 . .
For each additional mile.................................................. .40 . .
In counties polling over 800 votes...................................... .. .15
For attending, when required, on any court of record, in person or by deputy, for each day, to be paid out of the county treasury............... 5.00 4.00
For bringing up a prisoner on habeas corpus, to testify or answer to any court or for examination as to the cause of his arrest or detention, or to give bail ......................................................................................................... 2.00 1.50
For holding each inquest or trial of right of property, when required, to include all services except mileage............................................ 10.00 7.50
For attending on the supreme court, either in person or by deputy, to be paid out of the state treasury as other claims, for each day........... 8.00 6.00
For every arrest in a criminal proceeding........................................ 3.00 2.00
For serving each subpena in criminal cases................................... .50 .40
For summoning each trial jury:
In counties polling 800 votes or less:
For summoning each jury of 12 persons..................... 6.00 . .
For each additional juror............................................. .50 . .
In counties polling over 800 votes, for summoning each trial juror ............................................................................................ .. .30
2. Sheriffs in counties wherein the total vote at the last general election did not exceed 800 shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised, and sold, on the first $500, 4 percent; not exceeding $1,000, but over $500, 2 percent; on all over $1,000 and not exceeding $1,500, and on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, on the first $1,000, 1 percent; on all over that sum, one-half of 1 percent.
3. Sheriffs in counties wherein the total vote at the last general election exceeded 800 shall also be allowed to charge and collect:
κ1960 Statutes of Nevada, Page 442 (CHAPTER 248, SB 22)κ
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised and sold, on the first $500, 3 percent; not exceeding $1,500, but over $500, 1.5 percent; and on all sums over $1,500, three-fourths of 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or when the lands or goods levied on shall not be sold, one-half of 1 percent.
4. Each sheriff shall also be allowed:
(a) Such further compensation for his trouble and expense in taking possession of property under attachment or execution or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.
(b) For service of any process in criminal cases, the same mileage as in civil cases.
(c) For all services in justices courts, the same fees as are allowed to constables.
5. In serving subpenas or venires in criminal cases, each sheriff shall receive mileage for the most distant only, when witnesses and jurors live in the same direction.
6. The fees herein allowed for the levy of an execution, for advertising, and for making and collecting money on an execution, shall be collected from the defendants by virtue of such execution, in the same manner as the same may be therein directed to be made.
7. Sheriffs shall, on or before the 5th day of each month, account for and pay to the country treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 8Senator Slattery
CHAPTER 249
AN ACT to amend NRS sections 284.090, 333.050, 378.010, 422.150, 433.080, 439.090, 439.100, 439.120 and 561.160, relating to the director of the state department of personnel, the director of the state department of purchasing, the state librarian, the state welfare director, the superintendent and medical director of the Nevada state hospital, the state health officer and the executive officer of the state board of stock commissioners, by providing that such officers shall serve at the pleasure of the governor or appointing authority; by placing the state health officer in the classified service of the state; and by providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.090 is hereby amended to read as follows:
284.090 The director shall be in the classified service for all purposes other than removal. Pursuant to the provisions of NRS 284.095, he shall be appointed by and be responsible to the governor, and he shall serve at the pleasure of the governor.
κ1960 Statutes of Nevada, Page 443 (CHAPTER 249, SB 8)κ
he shall be appointed by and be responsible to the governor, and he shall serve at the pleasure of the governor.
Sec. 2. NRS 333.050 is hereby amended to read as follows:
333.050 1. The director shall be appointed by and be responsible to the governor. He shall serve at the pleasure of the governor. He shall be:
(a) Appointed under the provisions of chapter 284 of NRS.
(b) In the classified service [.] , except for the purposes of removal.
2. Every employment list for director shall expire 1 year after it is established.
Sec. 3. NRS 378.010 is hereby amended to read as follows:
378.010 The state librarian shall:
1. Be appointed by and be responsible to the governor [.] , and he shall serve at the pleasure of the governor.
2. Be appointed on the basis of merit under the provisions of chapter 284 of NRS.
3. Be in the classified service [.] , except for the purposes of removal.
Sec. 4. NRS 422.150 is hereby amended to read as follows:
422.150 With the approval of the governor, the state welfare board shall appoint a state welfare director. [The state welfare director shall be appointed on the basis of merit under the provisions of chapter 284 of NRS and shall be in the classified service.] The state welfare director shall:
1. Be appointed on the basis of merit under the provisions of chapter 284 of NRS.
2. Be in the classified service, except for the purposes of removal.
3. Be responsible to the board and to the governor.
4. Serve at the pleasure of the board.
Sec. 5. NRS 433.080 is hereby amended to read as follows:
433.080 The superintendent shall [be appointed by and be responsible to the board. He shall be appointed on the basis of merit under the provisions of the state merit and personnel system and shall be in the classified service.] :
1. Be appointed by the board.
2. Be responsible to the board and to the governor.
3. Be appointed on the basis of merit under the provisions of chapter 284 of NRS.
4. Be in the classified service, except for the purposes of removal.
5. Serve at the pleasure of the governor.
Sec. 6. NRS 439.090 is hereby amended to read as follows:
439.090 1. With the approval of the governor, the state board of health shall appoint the state health officer. The state health officer shall [be appointed for a term of 4 years.] :
(a) Be appointed on the basis of merit under the provisions of chapter 284 of NRS.
(b) Be in the classified service of the state, except for the purposes of removal.
(c) Be responsible to the state board of health and to the governor.
2. The state health officer shall:
κ1960 Statutes of Nevada, Page 444 (CHAPTER 249, SB 8)κ
(a) Be a physician having the degree of doctor of medicine.
(b) Be a resident of Nevada for at least 5 years preceding the date of his appointment.
(c) Be licensed to practice in Nevada.
(d) Have had at least 1 years postgraduate training in public health or at least 3 years experience as a public health official.
Sec. 7. NRS 439.100 is hereby amended to read as follows:
439.100 1. The state health officer [may be removed from office by the state board of health for cause and after a hearing, or he may be removed at any time at the pleasure of the board upon the unanimous vote of all of the members of the board.] shall serve at the pleasure of the governor.
2. A vacancy in office shall be filled by appointment [for the unexpired term.] by the state board of health.
Sec. 8. NRS 439.120 is hereby amended to read as follows:
439.120 The state health officer shall:
1. Receive an annual salary [of $14,676, payable in the manner provided in NRS 281.120.] which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
2. Be allowed the per diem expense allowance and travel expenses as provided by law.
Sec. 9. NRS 561.160 is hereby amended to read as follows:
561.160 1. Subject to the provisions of chapter 284 of NRS, the board shall appoint an executive officer, who shall be in the classified service, except for the purposes of removal, to exercise and enforce all rules and regulations of the board and the provisions of this chapter when the board is not in session. When an emergency demands and the board is not in session, the executive officer may exercise all the powers and functions of the board.
2. The executive officer shall be responsible to the board and to the governor, and he shall serve at the pleasure of the governor.
3. No person shall be appointed as executive officer who has not had at least 5 years experience in official agricultural or livestock regulatory work.
Sec. 10. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 445κ
Assembly Bill No. 271Committee on Ways and Means
CHAPTER 250
AN ACT making appropriations from the general fund, the state highway fund, the county gas tax fund and the Colorado River commission fund for the support of the civil government of the State of Nevada for the fiscal year beginning July 1, 1960, and ending June 30, 1961; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund, except when otherwise specified, for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal year beginning July 1, 1960, and ending June 30, 1961.
Sec. 2. The Offices and Mansion of the Governor.
For the support of the office of the governor in Carson City, Nevada.... $74,800
For the support of the office of the governor in Las Vegas, Nevada....... 7,199
For the support of the governors mansion................................................. 13,475
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor.................................. 5,641
Sec. 4. The Office of Secretary of State.
For the support of the office of secretary of state...................................... 87,171
Sec. 5. The Office of Attorney General.
For the support of the office of attorney general........................................ 78,170
For the special account of the attorney general.......................................... 10,000
Sec. 6. Colorado River Intervention Action.
The following sum is hereby appropriated from the Colorado River Commission fund for the for the support of the Colorado River intervention action......... 62,500
Sec. 7. Supreme Court of Nevada.
For the support of the supreme court of Nevada........................................ 122,979
Sec. 8. Judges Salaries and Pensions.
For the support of judges salaries and pensions....................................... 236,200
Sec. 9. District Judges Travel.
For the support of district judges travel...................................................... 13,000
Sec. 10. The Office of State Controller.
For the support of the office of state controller.......................................... 75,819
Sec. 11. The Office of State Treasurer.
For the support of the office of state treasurer............................................ 45,805
Sec. 12. Director of the Budget.
For the support of the director of the budget.............................................. 57,994
Sec. 13. State Planning Board.
For the support of the state planning board................................................ 76,695
Sec. 14. Department of Economic Development.
κ1960 Statutes of Nevada, Page 446 (CHAPTER 250, AB 271)κ
For the support of the department of economic development.................. $89,541
Sec. 15. State Department of Buildings and Grounds.
For the support of the state department of buildings and grounds for:
Carson City, Nevada.................................................................................. 290,838
Central mail service.................................................................................... 14,020
Central telephone service......................................................................... 30,414
Reno, Nevada............................................................................................. 54,486
Las Vegas, Nevada.................................................................................... 42,096
Sec. 16. State Board of Finance.
For the support of the state board of finance.............................................. 1,983
Sec. 17. Fire Insurance Premiums.
For the payment of fire insurance premiums................................................ 50,000
Sec. 18. Statute Revision Commission.
For the support of the statute revision commission................................... 222,192
Sec. 19. Legislative Counsel Bureau.
For the support of the legislative counsel bureau...................................... 118,990
Sec. 20. Nevada Tax Commission.
The following sum is hereby appropriated from the general fund for the support of the Nevada tax commission.............................................................................. 428,222
The following sum is hereby appropriated from the state highway fund for the support of the motor vehicle fuel tax division.................................................... 26,295
The following sum is hereby appropriated from the county gas tax fund for the support of the motor vehicle fuel tax division.................................................... 9,100
Sec. 21. Veterans Service Commissioner.
For the support of the veterans service commissioner............................. 29,589
Sec. 22. State Department of Purchasing.
For state property inventory.......................................................................... 6,529
Sec. 23. Board of Commissioners for the Promotion of Uniformity of Legislation in the United States.
For the support of the board of commissioners for the promotion of uniformity of legislation in the United States........................................................................ 600
Sec. 24. State Officers Bond Premiums.
For the payment of state officers bond premiums..................................... 3,750
Sec. 25. Care of G.A.R. Cemeteries.
For the support of care of G.A.R. cemeteries............................................... 300
Sec. 26. State Department of Education.
The following sums are hereby appropriated for the support of:
Administration............................................................................................ 229,840
Vocational education................................................................................. 206,816
Vocational rehabilitation........................................................................... 47,290
State school construction relief fund...................................................... 50,020
State distributive school fund.................................................................. 13,144,338
Care of deaf, dumb and blind................................................................... 60,500
Public school teachers retirement.......................................................... 920,000
κ1960 Statutes of Nevada, Page 447 (CHAPTER 250, AB 271)κ
Sec. 27. University of Nevada.
For the support of the University of Nevada............................................... $4,106,667
Sec. 28. University of Nevada Alumni Association.
For the support of the University of Nevada Alumni Association.......... 7,500
Sec. 29. Western Interstate Commission for Higher Education.
For the support of the Western Interstate Commission for Higher Education 15,000
Sec. 30. State Library.
For the support of the state library................................................................ 130,938
Sec. 31. Nevada State Museum.
For the support of the Nevada state museum.............................................. 46,155
Sec. 32. Lost City Museum.
For the support of the Lost City museum..................................................... 10,485
Sec. 33. Nevada Historical Society.
For the support of the Nevada historical society........................................ 29,748
Sec. 34. State Welfare Department.
The following sums are hereby appropriated for the support of:
Administration............................................................................................ 348,709
Old-age assistance..................................................................................... 1,260,150
Aid to dependent children........................................................................ 471,400
Aid to the blind.......................................................................................... 177,500
Case services concerning sight............................................................... 36,960
Child welfare services................................................................................ 16,872
Handicapped childrens services............................................................ 14,370
Foster home care of children.................................................................... 67,500
Sec. 35. Nevada State Childrens Home.
For the support of the Nevada state childrens home................................ 187,724
Sec. 36. Nevada State Hospital.
For the support of the Nevada state hospital.............................................. 1,133,867
Sec. 37. State Department of Health.
The following sums are hereby appropriated for the support of:
Division of preventative medical services............................................. 107,545
Division of laboratories............................................................................. 54,855
Division of crippled childrens services................................................. 69,732
Division of dental health........................................................................... 48,502
Division of public health engineering..................................................... 65,168
Division of vital statistics......................................................................... 25,744
Division of hospital services.................................................................... 17,134
Division of mental health.......................................................................... 55,281
Food and drug control.............................................................................. 50,809
Tuberculosis control................................................................................. 296,719
Sec. 38. Nevada State Prison.
For the support of the Nevada state prison................................................. 540,589
Sec. 39. State Board of Parole Commissioners.
For the support of the state board of parole commissioners..................... 64,590
κ1960 Statutes of Nevada, Page 448 (CHAPTER 250, AB 271)κ
Sec. 40. Nevada School of Industry.
For the support of the Nevada school of industry..................................... $305,601
For the care of girls committed to the Nevada school of industry........... 125,382
Sec. 41. Department of Civil Defense.
For the support of the department of civil defense..................................... 19,685
Sec. 42. Adjutant General and the Nevada National Guard.
For the support of the adjutant general and the Nevada national guard 79,104
Sec. 43. The Office of Inspector of Mines.
For the support of the office of inspector of mines.................................... 46,578
Sec. 44. Public Service Commission of Nevada.
The following sum is hereby appropriated from the general fund for the support of the public service commission of Nevada...................................................... 120,734
The following sum is hereby appropriated from the state highway fund for the support of the public service commission of Nevada....................................... 20,000
Sec. 45. Department of Insurance.
For the support of the department of insurance.......................................... 73,882
Sec. 46. Labor Commissioner.
For the support of the labor commissioner.................................................. 42,232
Sec. 47. Superintendent of Banks.
For the support of the office of superintendent of banks.......................... 68,288
Sec. 48. State Department of Conservation and Natural Resources.
The following sums are hereby appropriated for the support of:
Administration............................................................................................ 64,706
Division of state lands.............................................................................. 11,340
Division of water resources...................................................................... 120,479
U.S.G.S. cooperative surveys................................................................... 47,500
California-Nevada compact commission................................................ 14,800
Columbia River interstate compact commission.................................... 2,900
Cooperative snow survey......................................................................... 1,500
Prison conservation project..................................................................... 28,282
Fire suppression......................................................................................... 20,000
Forestry division........................................................................................ 53,837
Tree nursery and soil bank....................................................................... 6,745
Cooperative forest management.............................................................. 5,790
Forest insect control.................................................................................. 5,000
Humboldt River research.......................................................................... 40,000
Sec. 49. State Soil Conservation Committee.
For the support of the state soil conservation committee......................... 750
Sec. 50. State Park Commission.
For the support of the state park commission............................................. 79,908
Sec. 51. State Department of Agriculture (State Board of Stock Commissioners).
κ1960 Statutes of Nevada, Page 449 (CHAPTER 250, AB 271)κ
The following sums are hereby appropriated for the support of:
Division of plant industry......................................................................... $194,834
Noxious weed and insect control............................................................ 47,380
Livestock disease control fund................................................................ 29,178
Division of laboratories............................................................................. 33,279
Sec. 52. State Predatory Animal and Rodent Committee.
For the support of the state predatory animal and rodent committee...... 118,338
Sec. 53. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board..................... 2,000
Sec. 54. Advisory Mining Board.
For the support of the advisory mining board............................................. 800
Sec. 55. State Bureau of Mines.
For the support of the state bureau of mines............................................... 60,000
Sec. 56. Fort Mohave Valley Development Fund.
For the support of the Fort Mohave Valley Development fund............... 5,000
Sec. 57. Consolidated Bond Interest and Redemption Fund.
For the support of the consolidated bond interest and redemption fund 245,500
Sec. 58. Department of Motor Vehicles.
The following sum is hereby appropriated from the general fund for the support of the registration division.................................................................................... 17,500
The following sums are hereby appropriated from the state highway fund for the support of:
Administration............................................................................................ 40,398
Accounting and auditing division.......................................................... 129,269
Automation division.................................................................................. 112,134
Drivers license division........................................................................... 194,428
Registration division................................................................................. 238,467
Motor carrier division................................................................................ 118,469
Nevada highway patrol............................................................................. 695,583
Sec. 59. The funds herein appropriated shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each departmental request.
Sec. 60. Except as otherwise provided by law, on July 1, 1961, any unexpended balances of the appropriations herein made shall revert to the fund from which appropriated.
Sec. 61. This act shall become effective on July 1, 1960.
________
κ1960 Statutes of Nevada, Page 450κ
Assembly Bill No. 152Misses Herr, Frazier, Messrs. Bastian, Bleak, Swackhamer, Hunter and Young
CHAPTER 251
AN ACT appropriating $164,773 for the acquisition of land, planning, design, site development in part, construction in part and contract administration of a school for delinquent girls in or near the city of Caliente, Lincoln County, State of Nevada, and requiring the state planning board to do all necessary things to acquire land, plan, design, develop and have partially constructed such a school; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the state of the planning board in acquiring land for and in carrying out the planning, design, site development in part, construction in part and contract administration of a school for delinquent girls in or near the city of Caliente, Lincoln County, State of Nevada, there is hereby appropriated from the general fund in the state treasury the sum of $164,773.
Sec. 2. The state planning board is hereby charged with the duty of carrying out the provisions of this act relating to the acquisition of land, planning, design, site development in part and contract administration provided for in this act.
Sec. 3. The state planning board shall, on behalf of the State of Nevada, acquire by gift, exchange or purchase an adequate site in fee of 75 acres more or less for such school for delinquent girls.
Sec. 4. The state planning board may employ competent architects and engineers registered under the provisions of chapters 623 and 625 of NRS, who in turn shall employ competent structural, mechanical and electrical engineers registered under the provisions of chapter 625 of NRS in preparing plans and specifications. The state planning board may advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the construction of the school herein designated. Approved plans and specifications shall be on file at the place and time 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 minimum furnishings, and may let a contract for the whole thereof, or a combination contract for structural, mechanical and electrical construction, if savings will result thereby, at its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 5. All contracts shall be approved by the attorney general before any such contract may be let.
Sec. 6. The state planning board shall present to the 51st session of the Nevada legislature the balance of administration costs, together with firm construction bids covering the remaining parts of site development and construction, and estimates of minimum furnishings.
κ1960 Statutes of Nevada, Page 451 (CHAPTER 251, AB 152)κ
with firm construction bids covering the remaining parts of site development and construction, and estimates of minimum furnishings.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 156Messrs. Ryan and Christensen (Clark)
CHAPTER 252
AN ACT appropriating $32,000 to the state park commission for the purchase of federal lands to be used for recreational purposes; providing for the acceptance of gifts of certain land; and providing other matters properly relating thereto.
[Approved March 17, 1960]
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 the sum of $32,000 to the state park commission for the purchase of federal lands pursuant to the provisions of 43 U.S.C. 869, as amended.
Sec. 2. The state park commission is hereby authorized to acquire by purchase title in the name of the State of Nevada to 1,000 acres of land, more or less, in Lincoln County for addition to Beaver Dam State Park, such land being described as follows: E 1/2 Sec. 5; SE 1/4 NW 1/4, NE 1/4 SW 1/4, E 1/2 Sec. 8; SW 1/4 SW 1/4 Sec. 9; W 1/2 NW 1/4, NW 1/4 SW 1/4, SE 1/4 SW 1/4 Sec. 16; NW 1/4 NE 1/4, SE 1/4 SE 1/4, Sec. 21; T 5 S, R 71 E, M.D.B.&M.
Sec. 3. 1. Subject to the provisions of subsection 2 of this section, the state park commission is hereby authorized to acquire by purchase title in the name of the State of Nevada to 720 acres of land, more or less, in Douglas County, such land being described as follows: N 1/2 SW 1/4, N 1/2 SE 1/4 Sec. 27; SE 1/4 NW 1/4, SW 1/4 NE 1/4, W 1/2 SE 1/4, SW 1/4, Sec. 34; E 1/2 SE 1/4 Sec. 33; T 10 N, R 22 E. NE 1/4 Sec. 4, T 9 N, R 22 E.
2. The authority granted by subsection 1 of this section shall be exercised only if the Walker River Irrigation District deeds to the State of Nevada, without cost to the state, all or the major portion of certain lands adjacent to Topaz Lake and described as follows: NE 1/4 SE 1/4 Sec. 29; NW 1/4 SW 1/4, S 1/2 SE 1/4 Sec. 28; NE 1/4, W 1/2 SE 1/4 Sec. 33; SW 1/4 NW 1/4 Sec. 34; T 10 N, R 22 E; NE 1/4 NW 1/4 Sec. 4, T 9 N, R 22 E.
The state park commission is hereby authorized to accept title to such lands from the Walker River Irrigation District in the name of the State of Nevada.
Sec. 4. 1. The state park commission is hereby authorized to accept the name of the State of Nevada from the United States Government or any agency or department thereof, without cost to the state, title to 17,480 acres of land, more or less, in Clark County for addition to Valley of Fire State Park, such lands being described as follows: E 1/2 NW 1/4, NE 1/4 SW 1/4, S 1/2 SW 1/4, E 1/2 Sec.
κ1960 Statutes of Nevada, Page 452 (CHAPTER 252, AB 156)κ
title to 17,480 acres of land, more or less, in Clark County for addition to Valley of Fire State Park, such lands being described as follows: E 1/2 NW 1/4, NE 1/4 SW 1/4, S 1/2 SW 1/4, E 1/2 Sec. 26; S 1/2 Sec. 25; All Sec. 35; All Sec. 36 T 16 S, R 66E; All of Sec. 17, 18, 19, 20, 29, 30, 31, 32 T 16 S, R 67 E, All, Secs. 5, 6, 7, 8, 14, 15, 16, 17, 18, 26, 28, 29, 30, 31, S 1/2 Sec. 27; S 1/2 Sec. 24, T 17 S, R 67 E; All Sec. 5, 6 T 17 S, R 66 1/2 E.
2. If title to the land described in subsection 1 of this section cannot be obtained without cost to the state, the state park commission is hereby authorized to acquire by purchase the title to such land in the name of the State of Nevada.
Sec. 5. If title to the land described in section 4 of this act is obtained without cost to the state, the state park commission is hereby authorized to acquire by purchase title in the name of the State of Nevada to all or part of the following lands:
1. In the Beowawe Geyser Basin area, Lander County, 200 acres, more or less.
2. In the Ruby Marshes area, Elko County, 1,280 acres, more or less.
3. In the Walker Lake area, Mineral County, 1,280 acres, more or less.
4. In the High Rock Canyon area, Washoe County, 2,560 acres, more or less.
Sec. 6. The moneys hereby appropriated shall be expended only for the specific purposes herein described. Any such moneys remaining unexpended on July 1, 1962, shall revert to the general fund in the state treasury on that date.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 264Committee on Ways and Means
CHAPTER 253
AN ACT to amend NRS sections 427.020, 427.090, 427.110, 427.130 to 427.150, inclusive, 427.160, 427.190, 427.230 to 427.250, inclusive, and 427.280, relating to old-age assistance, by removing counties from participation in the program; to repeal NRS sections 427.100, 427.120 and 427.260, relating to county participation in the old-age assistance program; providing for the return of unexpended moneys contributed by the counties; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 427.020 is hereby amended to read as follows:
427.020 As used in this chapter:
1. Applicant means any person who has applied for assistance under this chapter.
κ1960 Statutes of Nevada, Page 453 (CHAPTER 253, AB 264)κ
2. Assistance means money payments to, or medical care in behalf of or any type of remedial care in behalf of, needy aged persons who are 65 years of age or older, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual:
(a) Who is a patient in an institution for tuberculosis or mental diseases; or
(b) Who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof.
3. [County board means the board of county commissioners of a county.
4.] Director means the state welfare director.
[5.] 4. Recipient means any person who has received and is still receiving assistance.
[6.] 5. Social Security Act means the Act of Congress approved August 14, 1935, and compiled as Title 42, United States Code § 301, and certain sections following that section, as amended.
[7.] 6. State board means the state welfare board.
[8.] 7. State department means the state welfare department.
Sec. 2. NRS 427.090 is hereby amended to read as follows:
427.090 The state department shall:
1. [Supervise and cooperate with the county boards in the administration of assistance to the needy aged under this chapter.
2.] Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this chapter. [All rules and regulations made by the state department shall be binding on the counties and shall be complied with by the respective county boards.]
[3.] 2. Establish minimum standards for personnel employed by the state department [and county boards] in the administration of this chapter and make necessary rules and regulations to maintain such standards.
[4.] 3. Mail checks received by it from the state controller under the provisions of this chapter to the recipient entitled thereto at his last-known post office address with proper safeguard to assure that the recipient or his legal representative actually receives the same.
[5.] 4. Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to the needy aged, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance.
[6.] 5. Make such reports in such form and containing such information as the Federal Government may from time to time require, and comply with such provisions as the Federal Government may from time to time find necessary to assure the correctness and verification of such reports.
Sec. 3. NRS 427.110 is hereby amended to read as follows:
427.110 1. The amount of the old-age assistance which any person shall receive under the provisions of this chapter shall be determined with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case, and shall, in any event, be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence, compatible with decency and his needs and health.
κ1960 Statutes of Nevada, Page 454 (CHAPTER 253, AB 264)κ
shall receive under the provisions of this chapter shall be determined with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case, and shall, in any event, be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence, compatible with decency and his needs and health.
2. The amount of income reasonably necessary to support each needy aged person requiring assistance, pursuant to the provisions of this chapter, including all income from every source, is hereby determined and designated as not less than $40 per month and, in determining the amount of assistance for each such person, [the county board and] the state board shall fix the amount of such assistance at such a sum as, when added to all income from every source, shall equal the sum of not less than $40 per month.
Sec. 4. NRS 427.130 is hereby amended to read as follows:
427.130 1. The funds to pay for the states participation in old-age assistance under this chapter shall be provided by direct legislative appropriation from the general fund, sufficient to produce enough money to pay the [states 66 2/3 percent of the] nonfederal share of the assistance payment.
2. Such fund in the state treasury shall be known and designated as the state old-age assistance fund, out of which the states portion of the old-age assistance provided for in this chapter shall be paid upon warrants drawn by the state controller and paid by the state treasurer as provided in this chapter.
3. Administrative expenses shall be paid out of funds provided by appropriation by the legislature from the general fund, the money so appropriated to be deposited in the fund known as the state welfare fund of the state treasury, and disbursements shall be made upon claims duly filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed. All claims shall be approved by the state welfare director before they are paid.
Sec. 5. NRS 427.140 is hereby amended to read as follows:
427.140 1. All moneys furnished by the Federal Government pursuant to the Social Security Act shall be deposited in the state treasury in a fund which shall be designated the old-age assistance fund and used only for the purposes provided for in the Social Security Act and in pursuance of the provisions of this chapter.
2. The state treasurer, as such officer, shall receive and deposit such moneys, safely and faithfully keep and handle such moneys for such purposes, and render a true account of all such moneys. He and the surety on his official bond to the State of Nevada, as such state treasurer, shall be responsible for all such moneys to the same extent as is provided for in his bond for other public moneys in his custody.
3. Insofar as the portion of the moneys so deposited to apply on the payment of old-age assistance in this state is concerned, it shall be used to pay directly to each recipient entitled thereto, as determined by the state department [and reviewed by the county board of the county in which such recipient resides,] and certified to the state controller and the state treasurer by the state welfare director in the manner provided for in this chapter, for use in paying the proportionate federal share of the amount of old-age assistance to which applicants and recipients are entitled, as provided for in this chapter and in the Social Security Act, in the same manner as other state moneys are disbursed.
κ1960 Statutes of Nevada, Page 455 (CHAPTER 253, AB 264)κ
manner provided for in this chapter, for use in paying the proportionate federal share of the amount of old-age assistance to which applicants and recipients are entitled, as provided for in this chapter and in the Social Security Act, in the same manner as other state moneys are disbursed.
Sec. 6. NRS 427.150 is hereby amended to read as follows:
427.150 For the purposes of convenience and economy in distribution and in the auditing of accounts so that it will not be necessary to draw and transmit to each recipient more than one warrant each month for his entire old-age assistance from [all of the three] both sources provided for under this chapter, the state controller and the state treasurer are authorized to combine in one fund in the state treasury, to be designated the combined old-age assistance fund, the old-age assistance fund composed of federal funds [,] and the state old-age assistance fund composed of state funds, [and the old-age assistance funds of the several counties of this state composed of county funds,] by transferring therefrom the funds therein to the combined old-age assistance fund as and when needed for distribution to recipients, by and upon warrants drawn by the state controller upon the old-age assistance fund [,] and the state old-age assistance fund, [and the old-age assistance funds of the several counties, respectively,] and the payment by the state treasurer of the warrants into the combined old-age assistance fund.
Sec. 7. NRS 427.160 is hereby amended to read as follows:
427.160 1. The state welfare director shall furnish to the governor, the state controller and the state treasurer a full, true and correct list of recipients in [each county of] this state entitled to such assistance, and of the monthly amount to be paid to each of them from federal and state funds. The list shall be certified by the state welfare director as being a full, true and correct list of such recipients [in each county] and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare director to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list, the state controller shall promptly draw his warrant upon the fund payable to each such recipient in the amount to which he is entitled, upon and pursuant to the certified list, and the state treasurer shall pay the same. Every such warrant shall be for the total amount of federal [,] and state [and county] funds to which each recipient is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall mail all such warrants to the state welfare department and the state welfare department shall mail the warrants to the recipients entitled thereto as determined by the state welfare department.
4. Insofar as that portion of the moneys so deposited to pay on the expenses of the administration of this chapter and of the Social Security Act and in the distribution of such old-age assistance is concerned, it shall be disbursed in the same manner as provided for in this section, except that the claims therefor shall be made and filed directly by the claimants entitled thereto and paid directly to them, upon the written approval of such claims by the state welfare director and the audit and allowance thereof as required by the laws of this state.
κ1960 Statutes of Nevada, Page 456 (CHAPTER 253, AB 264)κ
except that the claims therefor shall be made and filed directly by the claimants entitled thereto and paid directly to them, upon the written approval of such claims by the state welfare director and the audit and allowance thereof as required by the laws of this state.
5. All officers mentioned in this section and concerned with the handling of federal funds are authorized to do and perform all acts and things necessary to accomplish the purposes of this section.
Sec. 8. NRS 427.190 is hereby amended to read as follows:
427.190 If in the future the Congress of the United States shall pass any law or laws that have the effect of liberalizing the participation of the Federal Government in the Nevada Old-Age Assistance Act, either as to the reduction of the age of eligibility for assistance or otherwise, the state board [and county boards are] is authorized and empowered to accept the increased benefits of such congressional legislation, insofar as such acceptance may be legally delegated by the legislature to such [boards.] board.
Sec. 9. NRS 427.230 is hereby amended to read as follows:
427.230 [1.] After completion of such investigation by the state department, on the basis of its findings the state department shall decide whether the applicant is eligible for assistance under the provisions of this chapter, the amount of such assistance, and the date on which such assistance shall begin. Such assistance shall be paid monthly to the applicant in the manner provided for in this chapter.
[2. The county board shall review the decision of the state department at its next regular meeting, and shall express its concurrence in the state departments decision, or if it does not concur therein may express the basis for such nonconcurrence and request reconsideration or further investigation by the state department.
3. The state department, on request of the county board, shall reconsider its decision or further investigate the application.
4. The decision of the state department, after such reconsideration or further investigation, shall be binding on the county board.
5. In no case shall payment in accordance with the decision of the state department be withheld pending reconsideration or further investigation as requested by the county board.]
Sec. 10. NRS 427.240 is hereby amended to read as follows:
427.240 [1.] Every person claiming or receiving assistance who is aggrieved because of the state departments action or failure to act shall be afforded reasonable notice and an opportunity for a fair hearing by the state department.
[2. All decisions of the state department shall be final and shall be binding upon the county involved and shall be complied with by the county board.]
Sec. 11. NRS 427.250 is hereby amended to read as follows:
427.250 All assistance grants made under this chapter shall be reconsidered by the state department as frequently as may be required by the rules of the state department. After such further investigation as the state department may deem necessary, the amount of assistance may be changed, or assistance may be entirely withdrawn if the state department finds that the recipients circumstances have altered sufficiently to warrant such action.
κ1960 Statutes of Nevada, Page 457 (CHAPTER 253, AB 264)κ
department finds that the recipients circumstances have altered sufficiently to warrant such action. [Such changes in award shall be reviewed by the county board at its next meeting.]
Sec. 12. NRS 427.280 is hereby amended to read as follows:
427.280 1. It is unlawful for any person knowingly to obtain, or attempt to obtain, or aid or abet any person to obtain, by means of a willfully false statement or representation or by impersonation or other fraudulent device, assistance to which he is not entitled or assistance greater than that to which he is justly entitled.
2. It is unlawful for any recipient to dispose of his property without the consent of the [county] state board and with the intent to defeat the purposes of this chapter.
3. It is unlawful for any person to aid or abet in buying or in any way disposing of the property, either personal or real, of a recipient of assistance without the consent of the [county] state board and with the intent to defeat the purposes of this chapter.
4. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 3 months, or by both fine an imprisonment. In assessing the penalty the court shall take into consideration, among other factors, the amount of money fraudulently received.
Sec. 13. NRS 427.100, 427.120 and 427.260 are hereby repealed.
Sec. 14. On July 1, 1960, the state treasurer shall return any unobligated balance remaining in the old-age assistance fund of each county to the county treasurer for deposit in the general fund of the county.
________
Assembly Bill No. 265Committee on Ways and Means
CHAPTER 254
AN ACT to amend NRS sections 425.040, 425.170, 425.190, 425.200 and 425.230, relating to aid to dependent children, by relieving the counties from participating in the program; to repeal NRS section 425.180, relating to county participation in the aid to dependent children program; and to provide for the return of unexpended funds contributed by the counties.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.040 is hereby amended to read as follows:
425.040 The department shall:
1. Administer assistance to dependent children under this chapter.
2. Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this chapter. [All rules and regulations made by the department shall be binding upon the counties and shall be complied with by the counties.]
κ1960 Statutes of Nevada, Page 458 (CHAPTER 254, AB 265)κ
3. Cooperate with the Federal Government in matters of mutual concern pertaining to assistance to dependent children, including the adoption of such methods of administration as are found by the Federal Government to be necessary for the efficient operation of the plan for such assistance.
4. Make such reports in such form and containing such information as the Secretary of Health, Education, and Welfare from time to time requires, and shall comply with such provisions as the secretary from time to time finds necessary to assure correctness and verification of such reports.
Sec. 2. NRS 425.170 is hereby amended to read as follows:
425.170 1. Funds to pay for the states participation in assistance to dependent children under this chapter shall be provided by direct legislative appropriation from the general fund. The appropriation shall be sufficient to pay [66 2/3 percent of] the nonfederal share of assistance payments.
2. All moneys appropriated by the legislature in accordance with the provisions of subsection 1 shall be placed in the state treasury in a fund to be designated the state aid to dependent children fund, out of which the states portion of the assistance to dependent children provided for in this chapter shall be paid upon warrants drawn by the state controller and paid by the state treasurer.
3. Administrative expenses shall be paid out of funds appropriated by the legislature from the general fund and out of such other moneys as may from time to time be made available to the department for the payment of administrative expenses. The money appropriated by the legislature shall be deposited in the state welfare fund of the state treasury, and disbursements shall be made upon claims filed, audited and allowed in the same manner as other moneys in the state treasury are disbursed. All claims shall be approved by the director of the department before they are paid.
Sec. 3. NRS 425.190 is hereby amended to read as follows:
425.190 For the purposes of convenience and economy in distribution and in the auditing of accounts so that it will not be necessary to draw and transmit to each recipient more than one warrant each month for his entire assistance from [all of the three] both sources provided for in this chapter, the state controller and the state treasurer may combine in one fund in the state treasury, the fund to be designated the combined aid to dependent children fund, the following funds:
1. The aid to dependent children fund, composed of federal funds; and
2. The state aid to dependent children fund, composed of state funds; [and
3. The aid to dependent children funds of the several counties, composed of county funds,]
by transferring therefrom the funds therein to the combined aid to dependent children fund as and when needed for distribution to recipients.
Sec. 4. NRS 425.200 is hereby amended to read as follows:
425.200 1. The director of the department shall furnish to the state controller and the state treasurer a full, true and correct list of recipients [in each county] entitled to assistance, and of the monthly amount to be paid to each of them from the combined aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients [in that county] and the amount to which each of them is entitled under this chapter.
κ1960 Statutes of Nevada, Page 459 (CHAPTER 254, AB 265)κ
controller and the state treasurer a full, true and correct list of recipients [in each county] entitled to assistance, and of the monthly amount to be paid to each of them from the combined aid to dependent children fund, certified to by him as being a full, true and correct list of such recipients [in that county] and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the director of the department to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list the state controller shall promptly draw his warrant upon the fund payable to each recipient in the amount to which he is entitled, and the state treasurer shall pay the same. Every warrant shall be for the total amount of federal [,] and state [and county] funds to which each recipient is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall mail all warrants to the department and the department shall mail the warrants to the recipients entitled thereto.
4. The books, records and accounts of the state controller and the state treasurer relating to the aid to dependent children fund in the state treasury shall be open to inspection and subject to audit by officers and agents of the United States.
Sec. 5. NRS 425.230 is hereby amended to read as follows:
425.230 When any amount shall be recovered from any source for assistance furnished under the provisions of this chapter, it shall be paid to the [county,] state and federal governments in amounts proportionate to the amount of [county,] state and federal funds paid.
Sec. 6. NRS 425.180 is hereby repealed.
Sec. 7. On July 1, 1960, the state treasurer shall return any unobligated balance remaining in the aid to dependent children fund of each county to the county treasurer for deposit in the general fund of the county.
________
Assembly Bill No. 143Clark County Delegation
CHAPTER 255
AN ACT appropriating $350,000 for participation of the state in the construction, furnishing and equipment of a building at Southern Nevada Memorial Hospital, Clark County, Nevada, for the care and treatment of persons infected with active tuberculosis; providing for the administration, operation, maintenance and repair of such tuberculosis treatment unit and the admission of patients thereto; providing for the payment of costs of care and treatment of indigent patients therein; specifying the powers, duties and responsibilities of the board of hospital trustees of Southern Nevada Memorial Hospital and the state department of health; and providing other matters properly relating thereto.
[Approved March 17, 1960]
Whereas, The State of Nevada does not maintain facilities for the care and treatment of persons infected with active tuberculosis; and
κ1960 Statutes of Nevada, Page 460 (CHAPTER 255, AB 143)κ
Whereas, Adequate facilities for the hospital care and treatment of persons infected with active tuberculosis do not exist; and
Whereas, It is essential that the State of Nevada provide assistance in the construction of such necessary facilities; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Provision is hereby made for the construction, furnishing and equipment of a building on real property belonging to Clark County at Southern Nevada Memorial Hospital in Clark County, Nevada, to contain 20 to 30 beds and other facilities for the care and treatment of persons infected with active tuberculosis.
Sec. 2. The board of hospital trustees of Southern Nevada Memorial Hospital is hereby charged with the duty of carrying out the provisions of this act relating to design, contract administration, construction, equipment and furnishings provided for in this act, in accordance with this act, chapter 450 of NRS and any other laws relating to the construction of county public buildings.
Sec. 3. The board of hospital trustees of Southern Nevada Memorial Hospital and the state department of health shall cooperate in carrying out the provisions of this act. The state department of health may enter into such agreements with such board of hospital trustees with respect to the construction, furnishing, equipping and operation of such tuberculosis treatment unit as the state department of health may deem appropriate.
Sec. 4. When the construction, furnishing and equipping of such building has been completed and the same has been accepted, authority and responsibility for the administration, operation and responsibility and repair of such tuberculosis treatment unit shall be and remain vested in the board of hospital trustees of Southern Nevada Memorial Hospital, except that authority to admit patients to such unit for treatment shall be vested solely in the state department of health.
Sec. 5. Costs of care and treatment of indigent patients admitted to such tuberculosis treatment unit shall be paid in the manner provided in chapter 443 of NRS.
Sec. 6. 1. For the purpose of assisting the board of hospital trustees of Southern Nevada Memorial Hospital in carrying out the provisions of this act relating to design, contract administration, construction, equipment and furnishing of the building referred to in section 1, there is hereby appropriated from the general fund in the state treasury to the board of hospital trustees of Southern Nevada Memorial Hospital the sum of $350,000.
2. The state controller is authorized and directed to draw his warrant in favor of the board of hospital trustees of Southern Nevada Memorial Hospital for the sum of $350,000, and the state treasurer is authorized and directed to pay the same upon the presentation of an authorized claim presented by the board of hospital trustees of Southern Nevada Memorial Hospital and approved by the state board of examiners.
κ1960 Statutes of Nevada, Page 461 (CHAPTER 255, AB 143)κ
Southern Nevada Memorial Hospital and approved by the state board of examiners.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 145Elko County Delegation
CHAPTER 256
AN ACT appropriating $994,488 for the design, construction and furnishing of additional buildings and facilities on the site of and for the Nevada school of industry in Elko County, Nevada; requiring the state planning board to do all necessary things to construct and furnish such buildings and facilities; and providing other matters properly relating thereto.
[Approved March 17, 1960]
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 and construction and minimum furnishing of additional buildings and facilities on the site of and for the Nevada school of industry in Elko County, State of Nevada, there is hereby appropriated from the general fund in the state treasury the sum of $994,488.
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 minimum furnishings provided for in this act.
Sec. 3. The state planning board shall employ competent architects, who in turn shall employ competent structural, mechanical and electrical engineers and other qualified persons 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 additional buildings and facilities herein designated. Approved plans and specifications shall be on file at the place and time 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 minimum 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 its discretion, to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 4. All contracts shall be approved by the attorney general before any such contract may be let.
Sec. 5. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 462κ
Assembly Bill No. 274Committee on Ways and Means
CHAPTER 257
AN ACT authorizing and directing the state planning board to acquire by purchase certain parcels of real property in Clark County, Nevada, and making an appropriation therefor; defining and limiting the powers of the state planning board in relation to the acquisition of such property; requiring the state planning board to study the use of such property after acquisition in relating to the future expansion of the University of Nevada, Nevada Southern regional branch, and empowering such board to sell a portion of such acquired property under certain conditions; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state planning board is hereby authorized and directed, subject to the restrictions and conditions hereinafter contained in this act, to acquire by purchase two parcels of real property (hereinafter designated as Parcel A and Parcel B) lying and being in section 22, T. 21 S., R. 61 E., M.D.B. & M., Clark County, Nevada, within the area bounded by Flamingo Road on the north, Maryland Parkway on the east, Bond Road on the south and Paradise Valley Road on the west, for not to exceed the purchase prices herein specified:
(a) Parcel A, containing 69.039 acres more or less, belonging to one W. McLeod, for a purchase price of not to exceed $145,000;
(b) Parcel B, containing 18.354 acres more or less, belonging to one Dr. Kliefgen, for a purchase price of not to exceed $68,500.
Sec. 2. For the support of the state planning board in carrying out the provisions of this act here is hereby appropriated from the general fund in the state treasury to the state planning board the sum of $213,500.
Sec. 3. The following restrictions and conditions shall apply to limit the power of the state planning board in acquiring Parcel A and Parcel B:
(a) Both Parcel A and Parcel B shall be acquired at the same time.
(b) Sellers shall provide, at their own expense, policies of title insurance insuring the titles to such parcels for amounts equal to the purchase price.
(c) The deeds of conveyance shall be grant, bargain and sale deeds conveying to the State of Nevada the properties in fee simple, and shall contain no rights of reversion, reentry or other like conditions or covenants in the sellers, their heirs, administrators or assigns.
(d) Prior to acquisition of such parcels, the state planning board shall obtain from the proper planning and zoning authorities of Clark County, Nevada, necessary use permits (or an agreement that such permits will issue after acquisition of such property) in order that Parcel A and Parcel B may be used for the necessary and orderly development of the University of Nevada, Nevada Southern regional branch, and so that such use will not be in violation of existing zoning and land use plans effected by enacted ordinances of the board of county commissioners of Clark County, Nevada.
κ1960 Statutes of Nevada, Page 463 (CHAPTER 257, AB 274)κ
plans effected by enacted ordinances of the board of county commissioners of Clark County, Nevada. Upon proper application by the state planning board, the planning and zoning authorities of Clark County, Nevada, shall issue such use permit or permits or other authorizing and necessary documents.
Sec. 4. After acquisition of Parcel A and Parcel B, the state planning board shall make thorough investigation of the use of such parcels in relation to the future expansion of the University of Nevada, Nevada Southern regional branch. If as a result of such investigation it is found that the retention of all or part of the portion of Parcel A lying north of the north boundary of Parcel B and north of a line extended westerly from the northwest corner of Parcel B (excluding a parcel of real property not less than 100 feet wide bounded on the north by Flamingo Road, on the south by the north boundary of Parcel B and on the east by the east boundary of Parcel A, which shall be retained for ingress and egress purposes to the university) is not necessary for university purposes, then such portion or parts thereof may be sold by the state planning board for a total sale price of not less than $213,500. Any deed or deeds conveying such property shall contain restrictive covenants (which may be more restrictive than the zoning and land use requirements of Clark County, Nevada) which shall guarantee that such property shall not be used for purposes detrimental to the necessary and proper growth and conduct of the University of Nevada, Nevada Southern regional branch. The chairman of the state planning board is authorized to execute such deed or deeds on behalf of the State of Nevada as grantor. All net proceeds of any sale or sales so made shall be deposited forthwith in the general fund in the state treasury.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 219Committee on Elections
CHAPTER 258
AN ACT appropriating $2,500 for the support of the secretary of state in carrying out his duties under the election laws.
[Approved March 17, 1960]
Whereas, The secretary of state is required to prepare rules and regulations for the conduct of primary and general elections which shall prescribe the duties of election boards, the type and amount of election supplies, the manner of printing ballots and the number to be distributed to precincts and districts, standards for voting machines, the manner of preparing, inspecting and placing such machines, the disposition and custody of voting machine, keys and booths, the method of distributing ballots, the method of inspection and disposition of ballots, the form and placement of instructions to voters, the recess periods for election boards, the size, lighting and placement of election booths, the amount and placement of equipment at voting places, the disposition of election returns and such other matters as determined necessary; and
κ1960 Statutes of Nevada, Page 464 (CHAPTER 258, AB 219)κ
election booths, the amount and placement of equipment at voting places, the disposition of election returns and such other matters as determined necessary; and
Whereas, The secretary of state is required to prescribe the form of all ballots, absent ballots, diagrams, sample ballots, ballot labels, voting machine labels, certificates, notices, declarations, affidavits, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state; and
Whereas, It will be necessary for the secretary of state to employ an expert for assistance in the performance of such duties; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the support of the secretary of state in preparing rules and regulations for the conduct of general and primary elections, there is hereby appropriated from the general fund in the state treasury the sum of $2,500.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 245Committee on Roads and Transportation
CHAPTER 259
AN ACT to amend NRS sections 483.380 and 483.410, relating to drivers licenses, by requiring applicants for renewal of such licenses to submit to an eye examination or, under certain conditions, an examination pursuant to the provisions of NRS 483.330; by increasing chauffeurs license fees; and by providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.380 is hereby amended to read as follows:
483.380 1. Every operators and chauffeurs license shall expire on the second anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance. Any applicant whose date of birth was on February 29 in a leap year shall, for the purposes of this chapter, be considered to have the anniversary of his birth fall on February 28. Every such license shall be renewable on or during a 90-day period before its expiration upon application and payment of the required fee, and each applicant for renewal shall [be renewed without examination unless] appear before a drivers license examiner and submit to an eye test. If the administrator or his duly authorized agent has reason to believe that the licensee is no longer qualified to receive a license [. The] because of his physical condition, the department may require that [all] the applicant submit to an examination pursuant to the provisions of NRS 483.330.
κ1960 Statutes of Nevada, Page 465 (CHAPTER 259, AB 245)κ
examination pursuant to the provisions of NRS 483.330. All persons whose licenses have expired must take the regular examinations as set forth in NRS 483.330. Any license renewed after expiration shall be valid only for the balance of the 24 months to which the licensee would have been entitled had he renewed the license prior to expiration.
2. [Every chauffeurs license shall expire July 1 of each year and shall be renewable on or during a 90-day period before its expiration date upon application and payment of the required fee. The department may in is discretion waive examination upon renewal of a chauffeurs license.
3.] Operators or chauffeurs licenses or renewal licenses for the operation of motor vehicles within the State of Nevada, held by any person who is in the military services of the United States during time of war or national emergency, shall be extended by the department to the termination of such service.
Sec. 2. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every license issued the following fees shall be charged:
Operators license.............................................................................................. $2
Chauffeurs license........................................................................................ [2] 4
2. All fees are payable to the administrator at the time a license or a renewal license is issued.
3. All money collected by the administrator shall be deposited at least once a month with the state treasurer, who shall deposit the money to the credit of the state highway fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 270Committee on Ways and Means
CHAPTER 260
AN ACT to amend NRS section 616.079, relating to industrial insurance of members of state departments, boards, commissions, agencies and bureaus who serve without compensation, by providing that premiums for insurance for such members shall be budgeted for and paid out of moneys appropriated therefor for the fiscal year commencing July 1, 1960, and for each fiscal year thereafter; and by providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.079 is hereby amended to read as follows:
616.079 1. Members of state departments, boards, commissions, agencies or bureaus appointed by the governor, the legislature or other statutory authority who serve without compensation, while engaged in their designated duty as such members, shall be deemed, for the purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter.
κ1960 Statutes of Nevada, Page 466 (CHAPTER 260, AB 270)κ
purpose of this chapter, employees receiving a wage of $250 per month, and, in the event of injury while performing their designated duty, shall be entitled to the benefits of this chapter.
2. Notwithstanding the provisions of NRS 616.405, state departments, boards, commissions, agencies or bureaus, the members of which are appointed by the governor, the legislature or other statutory authority and who serve without compensation, shall not comply with the provisions of NRS 616.405. Annually between January 1 and January 15 such state departments, boards, commissions, agencies or bureaus shall report to the legislative auditor the facts required by NRS 616.405 or the preceding calendar year. The legislative auditor shall prepare a statement of the amount of premiums due to the commission, which amount of premiums due shall be provided by direct legislative appropriation from the general fund to the commission.
3. The procedure provided for in subsection 2 shall be followed for the payment of premiums covering all periods through June 30, 1961. For the fiscal year commencing July 1, 1961, and for each fiscal year thereafter, each such state department, board, commission, agency or bureau shall budget for such premiums in the same manner as other expenditures are budgeted for, and shall pay such premiums out of moneys appropriated therefor in the manner provided in NRS 616.405 to the extent that such provisions are applicable.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 272Committee on Ways and Means
CHAPTER 261
AN ACT appropriating $2,063,877 from the general fund and $44,700 from the fish and game fund for various state capital improvements, physical plant design, construction, rehabilitation, remodeling, repairs, additions, equipment and furnishings, land acquisitions, surveys, preparation of plans, specifications and contract documents, and other things; stating the powers, duties and responsibilities of the state planning board and other officers; and providing other matters properly relating thereto.
[Approved March 17, 1960]
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 program of capital improvements, physical plant design, construction, rehabilitation, repairs, additions, equipment and furnishings, land acquisitions, surveys, preparation of plans, specifications and contract documents, and other things set forth in sections 2 and 3 there is hereby appropriated from the general fund in the state treasury the sum of $2,063,877.
κ1960 Statutes of Nevada, Page 467 (CHAPTER 261, AB 272)κ
Sec. 2. The sum of $129,280 of the moneys appropriated in section 1 is hereby allocated for the accomplishment of the following design projects and in the sums set forth thereafter:
(a) Survey and design of a power distribution system of the Nevada state hospital $6,000
(b) Aerial photographs of all University of Nevada campuses and property, and preparation of topography maps and models of the Reno and Nevada Southern Campuses 12,700
(c) Preparation of a master plan for the University of Nevada, Reno, Nevada 48,280
(d) Preparation of a master plan for the University of Nevada, Nevada Southern regional branch........................................................................................................... 9,000
(e) Design of an addition to the administration building, Nevada state hospital 12,800
(f) Design of a library building for the University of Nevada, Nevada Southern regional branch........................................................................................................... 40,500
Sec. 3. The sum of $1,934,597 of the moneys appropriated in section 1 is hereby allocated for the accomplishment of the following projects and in the sums set forth thereafter:
(a) Acquisition of real property, University of Nevada, Reno, Nevada..... $22,500
(b) Furnishings for the fine arts building, University of Nevada, Reno, Nevada 50,000
(c) Construction of a central heating plant, University of Nevada, Reno, Nevada 377,600
(d) Construction of a water supply and distribution system, Nevada state prison 67,700
(e) Construction of a recreation and occupational therapy building, Nevada state hospital......................................................................................................................... 318,650
(f) Construction of an addition to the female ward building, Nevada state hospital 793,047
(g) Installation of air conditioning, state office building, Las Vegas, Nevada 80,000
(h) Acquisition of real property, Nevada state prison.................................. 1,000
(i) Construction of an industrial building, Nevada state prison.................. 132,000
(j) Structural corrections to wards 9 and 10, Nevada state hospital............ 17,000
(k) Acquisition of real property in Las Vegas Valley, Clark County, for future state use 34,000
(l) Remodeling of infirmary to a cottage, Nevada state childrens home.... 8,600
(m) Remodeling of kitchen to administrative offices, Nevada state childrens home 22,000
(n) Remodeling of dining hall to a recreation room, Nevada state childrens home 2,500
(o) Construction of garage, state department of agriculture, for weights and measures vehicle storage, Reno, Nevada................................................................................. 8,000
κ1960 Statutes of Nevada, Page 468 (CHAPTER 261, AB 272)κ
Sec. 4. The sum of $44,700 is hereby appropriated from the fish and game fund for the support of the state planning board for the accomplishment of the following projects and in the sums set forth thereafter:
(a) Design and construction of a house at the Mason Valley wildlife area............... $16,000
(b) Design and construction of a fish and game headquarters building at Las Vegas, Nevada......................................................................................................................... 28,700
Sec. 5. The state planning board is hereby charged with the duty of carrying out the provisions of this act as provided in chapter 341 of NRS. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work. All work set forth in sections 3 and 4 shall be approved by the state planning board and each contract pertaining to such work shall be approved by the attorney general. The state planning aboard shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each construction project designated in sections 3 and 4. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons 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 such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest qualified bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 6. The state planning board is charged with the duty of carrying out the provisions of this act relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in section 2. The state planning board shall insure that competent architects and engineers and other qualified persons are employed for the preparation of such plans and specifications and to assist in the preparation of the contract documents necessary to the construction of such facilities, and each contract document pertaining to such work shall be approved by the attorney general. The state planning board is authorized to advertise in an newspaper of general circulation in the State of Nevada for separate sealed bids for the construction of each project set forth in section 2 of this act.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 469κ
Assembly Bill No. 273Committee on Ways and Means
CHAPTER 262
AN ACT authorizing expenditures by various departments, boards, agencies, commissions and institutions of the state government for the fiscal year beginning July 1, 1960, and ending June 30, 1961; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Expenditure of the following sums not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1960, and ending June 30, 1961, by the various departments, boards, agencies, commissions and institutions of the state government hereinafter mentioned:
State department of buildings and grounds:
Carson City, Nevada.................................................................................. $4,000
Las Vegas, Nevada.................................................................................... 10,000
State department of personnel....................................................................... 93,525
Department of purchasing:
Administration............................................................................................ 66,337
Surplus property division......................................................................... 40,033
Superintendent of state printing and state printing office......................... 500,000
State department of education:
Administration............................................................................................ 28,497
Federal subvention programs.................................................................. 102,503
Vocational education................................................................................. 254,222
Vocational rehabilitation........................................................................... 54,566
O.A.S.I. disability determinations............................................................ 31,809
National Defense Education Act of 1958............................................... 80,367
Fleischmann scholarships........................................................................ 31,350
State distributive school fund.................................................................. 206,000
University of Nevada....................................................................................... 705,397
University of Nevada Alumni Association.................................................. 4,525
State library....................................................................................................... 49,867
State welfare department:
Administration............................................................................................ 285,307
Old-age assistance..................................................................................... 1,349,580
Aid to dependent children........................................................................ 1,110,020
Aid to the blind.......................................................................................... 114,500
Case services concerning sight............................................................... 13,534
Foster home care of children.................................................................... 31,950
Foster home care of Indian children........................................................ 40,000
Nevada state childrens home........................................................................ 1,620
Nevada state hospital...................................................................................... 26,000 State department of health:
κ1960 Statutes of Nevada, Page 470 (CHAPTER 262, AB 273)κ
State department of health:
Division of preventative medical services............................................. $165,361
Division of laboratories............................................................................. 13,374
Division of crippled childrens services................................................. 82,642
Division of dental health........................................................................... 30,908
Institutional health services..................................................................... 18,894
Division of public health engineering..................................................... 32,407
Division of hospital services.................................................................... 700
Division of mental health.......................................................................... 30,818
Mentally retarded clinics.......................................................................... 67,000
Venereal disease control........................................................................... 8,742
Adjutant general and the Nevada national guard....................................... 42,000
State department of conservation and natural resources:
Prison conservation project..................................................................... 28,283
Forestry division........................................................................................ 67,538
Tree nursery and soil bank....................................................................... 4,500
Cooperative forest management.............................................................. 1,000
Nevada oil and gas conservation commission............................................ 500
State park commission..................................................................................... 132
State department of agriculture (state board of stock commissioners):
Division of plant industry......................................................................... 11,750
Noxious weed and insect control............................................................ 3,125
Agriculture registration and enforcement.............................................. 16,094
Apiary inspection...................................................................................... 2,018
Stock inspection......................................................................................... 92,652
State predatory animal and rodent committee.............................................. 30,000
Colorado River commission............................................................................ 75,273
State board of fish and game commissioners............................................... 1,407,477
Department of highways................................................................................. 28,381,483
Employment security department:
Administration............................................................................................ 1,506,787
O.A.S.I. administration.............................................................................. 1,685
Public employees retirement board.............................................................. 79,738
Nevada state board of public accountants.................................................. 1,847
State board of architecture.............................................................................. 2,654
State board of examiners in the basic sciences............................................ 2,595
Nevada state dairy commission..................................................................... 98,863
Hoisting engineers examining board............................................................. 552
Board of medical examiners of the State of Nevada.................................... 13,230
State board of nurse examiners...................................................................... 6,305
Board of dispensing opticians....................................................................... 295
State board of physical therapy examiners................................................... 172
State sheep commission.................................................................................. 15,490
State woolgrowers predatory animal committee.......................................... 82,681
Nevada racing commission............................................................................. 3,000
Nevada detective licensing board................................................................. 2,400
Nevada athletic commission........................................................................... 6,650
State barbers health and sanitation board.................................................. 5,330 State board of chiropody............................................................... $65
κ1960 Statutes of Nevada, Page 471 (CHAPTER 262, AB 273)κ
State board of chiropody................................................................................ $65
Nevada state board of chiropractic examiners............................................. 7,490
State contractors board.................................................................................. 51,610
State board of cosmetology............................................................................ 9,620
Board of dental examiners of Nevada............................................................ 2,740
State board of funeral directors and embalmers.......................................... 1,120
Nevada liquefied petroleum gas board......................................................... 15,000
Nevada real estate commission...................................................................... 50,375
Nevada state board of examiners in optometry........................................... 145
State board of osteopathy.............................................................................. 242
State board of pharmacy................................................................................. 26,385
State board of registered professional engineers........................................ 12,450
State board of veterinary medical examiners................................................ 125
Sec. 2. The funds authorized to be expended by the provisions of section 1 shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each departmental request.
Sec. 3. The director of the budget may authorize the augmentation of the amount authorized in section 1 for expenditure by a given department, board, agency, commission or institution from any other state agency, from any agency of local government or of the Federal Government, from any appropriation made by the legislature, or from any other source which he determines has not been taken into consideration by this act, or is in excess of the amount so taken into consideration. The director of the budget may also reduce any authorization whenever he determines that funds to be received will be less than the amount so authorized in section 1.
Sec. 4. 1. In addition to the amount authorized for the University of Nevada in section 1, expenditure of $364,562 for the University of Nevada experiment station and $302,614 for the University of Nevada extension division from federal and county subventions and sales and not appropriated from the general fund or the state highway fund is hereby authorized during the fiscal year beginning July 1, 1960, and ending June 30, 1961.
2. The funds authorized to be expended in subsection 1 of this section shall be excluded from the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive. The director of the budget may authorize augmentation of the amount authorized for expenditure by subsection 1 of this section in the amount of any funds which he estimates will be received by the University of Nevada from federal or county subventions or sales but shall not reduce the amount so authorized.
Sec. 5. This act shall become effective on July 1, 1960.
________
κ1960 Statutes of Nevada, Page 472κ
Assembly Bill No. 259Committee on Legislative Functions
CHAPTER 263
AN ACT to amend NRS section 286.300, relating to participation of elective officers in the public employees retirement system, by allowing elective and appointive officers who originally choose not to participate in such system to participate at a later date; and by providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.300 is hereby amended to read as follows:
286.300 1. A person holding an elective office, if otherwise eligible, may become a member of the system only by giving the board written notice of his desire to do so within 30 days after he takes office, or, if he is not eligible to become a member of the system at the time he takes office, within 30 days after he becomes eligible.
2. If an elective or appointive officer did not or does not choose to become a member of the system in the manner provided in subsection 1, he shall not again be given an opportunity to participate in the system until the start of a new term of office or the expiration of 4 years or more, whichever occurs first, at which time, if he is in covered service, he may participate in the system upon notifying the board of his intention to do so. Such officer shall also notify the board whether or not he chooses to pay the amounts which he would have been required to pay in contribution and administrative charges had he previously been a member of the system. Should he choose to make such payments, the public employer by which he was previously employed shall make corresponding payments of employer contributions as required by NRS 286.450. Payment of past contributions by such officer shall be completed within 5 years with interest charged in the same manner as for previously withdrawn retirement contributions. Upon completion of such payments, the service represented thereby shall be credited toward retirement if consistent with the other provisions of this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1960 Statutes of Nevada, Page 473κ
Assembly Bill No. 222Mr. Ryan
CHAPTER 264
AN ACT to amend NRS sections 244.140 and 257.010, relating to the division of counties into townships, by providing that not more than one incorporated city in any county shall be included within the same township.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.140 is hereby amended to read as follows:
244.140 The board of county commissioners shall have power and jurisdiction in their respective counties to divide the county into townships and to change the divisions of the same, and to create new townships as the convenience of the county may require [.] , but not more than one incorporated city in any county shall be included within the same township.
Sec. 2. NRS 257.010 is hereby amended to read as follows:
257.010 The board of county commissioners of each county shall, from time to time, as the public good may require, divide the county into a convenient number of townships, and shall cause such division to be published [.] , but not more than one incorporated city in any county shall be included within the same township.
________
Assembly Bill No. 10Mr. Pozzi
CHAPTER 265
AN ACT to amend chapter 488 of NRS, relating to the regulation of watercraft, by enacting the Nevada Boat Act; by providing for the numbering and regulation of boats; defining terms; regulating water skiing, surfboarding and similar activity and sewage disposal from boats; and by providing penalties; to amend NRS sections 488.100 and 488.160 to 488.180, inclusive, and 501.180, relating to the operation, capacity, anchorage and mooring of boats and to the appointment, compensation, powers and duties of the state director of fish and game, and his advisors, technicians, employees and game wardens, by conforming these sections to the Nevada Boat Act; to repeal NRS sections 488.040 to 488.090, inclusive, 488.110 to 488.150, inclusive, and 488.190 to 488.210, inclusive, relating to the regulation of boats; and providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 488 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 32, inclusive, of this act.
Sec. 2. It is the policy of this state to promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote uniformity of laws relating thereto.
κ1960 Statutes of Nevada, Page 474 (CHAPTER 265, AB 10)κ
Sec. 3. This act shall be known and may be cited as the Nevada Boat Act.
Sec. 4. As used in this act, unless the context otherwise requires:
1. Department means the department of motor vehicles.
2. Legal owner mean a person holding the legal tile to a vessel under a conditional sale contract, a mortgagee of a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease, lease-sale or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
3. Motorboat means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
4. Operate means to navigate or otherwise use a motorboat or a vessel.
5. Owner means:
(a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not such person lends, rents or pledges such vessel;
(b) A person entitled to the possession of a vessel as the purchaser under a conditional sale contract; and
(c) A mortgagor of a vessel.
Owner does not include a person holding legal title to a vessel under a conditional sale contract, a mortgagee of a vessel or a renter or lessor of a vessel to the state or any political subdivision of the state under a lease, lease-sale or rental-purchase agreement which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.
6. Person means an individual, partnership, firm, corporation, association or other entity.
7. Registered owner means the person registered by the department as the owner of a vessel.
8. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
9. Waters of this state means any waters within the territorial limits of this state.
Sec. 5. 1. Every motorboat on the waters of this state shall be numbered, except as provided in section 17 of this act.
2. No person may operate or give permission for the operation of any motorboat on such waters unless:
(a) The motorboat is numbered in accordance with the provisions of this chapter, or in accordance with applicable federal law, or in accordance with a federally approved numbering system of another state;
(b) The certificate of number awarded to such motorboat is in full force and effect; and
κ1960 Statutes of Nevada, Page 475 (CHAPTER 265, AB 10)κ
(c) The identifying number set forth in the certificate of number is displayed on each side of the bow of such motorboat.
Sec. 6. 1. The owner of each motorboat requiring numbering by this state shall file an application for number with the department on forms approved by it accompanied by such evidence of ownership as the department may require.
2. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of $5. All fees received under the provisions of this chapter for original and renewal registration and for transfer of registration shall be deposited in the state treasury to the credit of the boat licensing fund which is hereby created. All expenses incurred in the administration of the licensing provisions of this chapter shall be paid from the boat licensing fund. The boat licensing fund shall be a continuing fund and no moneys in such fund shall revert to the general fund in the state treasury at any time. Upon receipt of the application in approved form, the department shall:
(a) Enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner and legal owner.
(b) Immediately give written notice to the county assessor of the county wherein such motorboat is situated, which notice shall contain the name and address of the owner and identifying information concerning such motorboat.
3. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the department in order that it may be clearly visible. The number shall be maintained in legibile condition. If an agency of the United States Government has in force an over-all system of identification numbering for motorboats within the United States, the regulations of the department as to size, color and type of number shall be in conformity therewith.
4. The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.
5. The department shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by such manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats. The fee for each such number shall be $5.
Sec. 7. The owner of any motorboat already covered by a number in full force and effect which has been awarded to it pursuant to then operative federal law or a federally approved numbering system of another state shall record the number prior to operating the motorboat on the waters of this state in excess of the 90-day reciprocity period provided for in section 17 of this act. Such recordation shall be in the manner and pursuant to the procedure required for the award of a number under section 6 of this act, but no additional or substitute number shall be issued.
κ1960 Statutes of Nevada, Page 476 (CHAPTER 265, AB 10)κ
Sec. 8. 1. Should the ownership of a motorboat change, a new application form with fee shall be filed with the department and a new certificate of number shall be awarded in the same manner as provided for in an original award of number.
2. A person may transfer a registration from a motorboat of which he disposes to another motorboat upon application to the department and payment of a transfer fee of $2.
3. Chattel mortgages on motorboats required to be registered under the provisions of this chapter shall be subject to the provisions of NRS 482.425 to 482.455, inclusive, in the same manner in which chattel mortgages on vehicles are subject to such provisions.
Sec. 9. If an agency of the United States Government has in force an over-all system of identification numbering for motorboats within the United States, the numbering system employed pursuant to the provisions of this chapter by the department shall be in conformity therewith.
Sec. 10. 1. The department may award any certificate of number directly or may authorize any person to act as agent for the awarding thereof. If a person accepts such authorization, he may be assigned a block of numbers and certificates therefor which upon award, in conformity with the provisions of this chapter and with any rules and regulations of the department, shall be valid as if awarded directly by the department.
2. All records of the department made or kept pursuant to this section are public records.
Sec. 11. 1. Every certificate of number awarded pursuant to the provisions of this chapter shall continue in full force and effect for a period of 3 years unless sooner terminated or discontinued in accordance with the provisions of this chapter.
2. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of the same.
Sec. 12. The department shall fix a day and month of the year on which certificates of number due to expire during the calendar year shall lapse and no longer be of any force and effect unless renewed pursuant to the provisions of this chapter.
Sec. 13. 1. The owner shall furnish the department notice of the transfer of all or any part of his interest other than the creation of a security interest in a motorboat numbered in this state pursuant to sections 6 and 7 of this act or of the destruction or abandonment of such motorboat, within 15 days thereof.
2. Such transfer, destruction or abandonment shall terminate the certificate of number for such motorboat, but if a transfer of a part interest does not affect the owners right to operate such motorboat, such transfer shall not terminate the certificate of number.
Sec. 14. 1. Any holder of a certificate of number shall notify the department within 15 days, if his address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the department with his new address. The department shall give written notice of such new address to the appropriate county assessor.
κ1960 Statutes of Nevada, Page 477 (CHAPTER 265, AB 10)κ
shall give written notice of such new address to the appropriate county assessor.
2. The department may provide in its rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder.
Sec. 15. No number other than the number awarded to a motorboat or granted reciprocity pursuant to the provisions of this chapter may be painted, attached or otherwise displayed on either side of the bow of such motorboat.
Sec. 16. 1. Motorboats subject to the provisions of this chapter shall be divided into four classes as follows:
Class A. Less than 16 feet in length.
Class 1. Sixteen feet or over and less than 26 feet in length.
Class 2. Twenty-six feet or over and less than 40 feet in length.
Class 3. Forty feet or over.
2. Except as otherwise provided in subsection 14, every motorboat in all weathers from sunset to sunrise shall carry and exhibit the following lights when under way, and during such time no other lights which may be mistaken for those prescribed shall be exhibited:
(a) Every motorboat of classes A and 1 shall carry the following lights:
(1) A bright white light aft to show all around the horizon.
(2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to 2 points abaft the beam on their respective sides.
(b) Every motorboat of classes 2 and 3 shall carry the following lights:
(1) A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the vessel; namely, from right ahead to 2 points abaft the beam on either side.
(2) A bright white light aft to show all around the horizon and higher than the white light forward.
(3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam of the port side. The side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.
(c) Motorboats of classes A and 1 when propelled by sail alone shall carry the combined lantern, but not the white light aft, prescribed by this section. Motorboats of classes 2 and 3, when so propelled, shall carry the colored side lights, suitably screened, but not the white lights, prescribed by this section.
κ1960 Statutes of Nevada, Page 478 (CHAPTER 265, AB 10)κ
carry the colored side lights, suitably screened, but not the white lights, prescribed by this section. Motorboats of all classes, when so propelled, shall carry, ready at hand, a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.
(d) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least 2 miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least 1 mile. The word visible in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.
(e) When propelled by sail and machinery any motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.
3. Any vessel may carry and exhibit the lights required by the Federal Regulations for Preventing Collisions at Sea, 1948, Federal Act of October 11, 1951, (33 U.S.C. 143-147d) as amended, in lieu of the lights required by subsection 2 of this section.
4. Every motorboat of class 1, 2 or 3 shall be provided with an efficient whistle or other sound-producing mechanical appliance.
5. Ever motorboat of class 2 or 3 shall be provided with an efficient bell.
6. Every motorboat shall carry at least one life preserver, or lifebelt, or ring buoy, or other device of the sort prescribed by the regulations of the department for each person on board, so placed as to be readily accessible. But every motorboat carrying passengers for hire shall carry so placed as to be readily accessible at least one life preserver of the sort prescribed by the regulations of the department for each person on board.
7. Every motorboat shall be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning gasoline, as may be prescribed by the regulations of the department, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.
8. The provisions of subsections 4, 5 and 7 of this section shall not apply to motorboats while competing in any race conducted pursuant to section 24 of this act or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.
9. Every motorboat shall have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap or other similar device as may be prescribed by the regulations of the department.
10. Every such motorboat and every such vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the department for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gases.
κ1960 Statutes of Nevada, Page 479 (CHAPTER 265, AB 10)κ
11. The department may make rules and regulations modifying the equipment requirements contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the Federal Navigation Laws or with the navigation rules promulgated by the United States Coast Guard.
12. The department may establish and maintain for the operation of vessels on the waters of this state pilot rules in conformity with the pilot rules contained in the Federal Navigation Laws for the navigation rules promulgated by the United States Coast Guard.
13. No person may operate or give permission for the operation of a vessel which is not equipped as required by this section.
14. Notwithstanding the provisions of subsection 2, no motorboat of class A need exhibit the lights required by this section during a period of 1 hour after sunset and during a period of 1 hour before sunrise.
Sec. 17. A motorboat need not be numbered pursuant to the provisions of this chapter if it is:
1. Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state, if such boat has not been within this state for a period in excess of 90 consecutive days.
2. A motorboat from a country other than the United States temporarily using the waters of this state.
3. A public vessel of the United States, a state or a political subdivision of a state.
4. A ships lifeboat.
5. A motorboat belonging to a class of boats which has been exempted from numbering by the department after it has found that the numbering of motorboats of such class will not materially aid in their identification; and, if an agency of the Federal Government has a numbering system applicable to the class of motorboats to which the motorboat in question belongs, after the department has further found that the motorboat would also be exempt from numbering if it were subject to the federal law.
Sec. 18. 1. The owner of a boat livery shall keep a record of the name and address of the person or persons hiring any vessel which is designed or permitted by him to be operated as a motorboat, the identification number thereof, and the departure date and time, and the expected time of return. The record shall be preserved for at least 6 months.
2. Neither the owner of a boat livery nor his agent or employee shall permit any motorboat, or any vessel designed or permitted by him to be operated as a motorboat, to depart from his premises unless it has been provided, either by owner or renter, with the equipment required pursuant to section 16 of this act and any rules and regulations made pursuant thereto.
Sec. 19. 1. The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.
κ1960 Statutes of Nevada, Page 480 (CHAPTER 265, AB 10)κ
2. The use of cutouts is prohibited.
3. This section does not apply to motorboats competing in a regatta or boat race approved as provided in section 24 of this act, or to such motorboats while on trial runs between the hours of 9 a.m. and 5 p.m. and during a period not to exceed 48 hours immediately preceding such regatta or race or to such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following such regatta or race.
Sec. 20. 1. No person may operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger the life or property of any person.
2. No person may operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any narcotic drug, barbiturate or marihuana.
Sec. 21. 1. The operator of a vessel involved in a collision, accident or other casualty shall, so far as he can do so without serious danger to his own vessel, crew and passengers, render to other persons affected by the collision, accident or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident or other casualty, and shall give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty.
2. In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the collision, accident or other casualty results in death or injury to a person or damage to property in excess of $100, shall file with the department a full description of the collision, accident or other casualty, including such information as the department may, by regulation, require.
Sec. 22. In accordance with any request made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to section 21 shall be transmitted to such official or agency of the United States.
Sec. 23. 1. No person may operate a vessel on any congested waters of this state for towing a person or persons on water skis or a surfboard or similar device unless there is in such vessel a person, in addition to the operator, in a position to observe the progress of the person or persons being towed. If such waters are not congested, such vessel shall be equipped with a suitable rear view mirror by which the operator of such boat may observe the person being towed. The department shall determine and arrange to give notice to the public what waters are congested under the provisions of this section.
2. No person may operate a vessel on any waters of this state towing a person or persons on water skis, a surfboard or similar device, nor may any person engage in water skiing, surfboarding or similar activity at any time between the hours from 1 hour after sunset to 1 hour before sunrise.
3. The provisions of subsections 1 and 2 of this section do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under section 24 of this act.
κ1960 Statutes of Nevada, Page 481 (CHAPTER 265, AB 10)κ
to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under section 24 of this act.
Sec. 24. 1. The department may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments or exhibitions on any waters of this state. It shall adopt and may, from time to time, amend regulations concerning the safety of motorboats and other vessels and persons thereon, either observers or participants.
2. Whenever a regatta, motorboat or other boat race, marine parade, tournament or exhibition is proposed to be held, the person in charge thereof shall, at least 15 days prior thereto, file an application with the department for permission to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition.
3. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it shall not be conducted without the written authorization of the department.
4. The provisions of this section do not exempt any person from compliance with applicable federal law or regulation, but nothing contained herein requires the securing of a state permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.
5. No person may operate any motorboat in any race on the waters of this state unless such person is a member of the American Power Boat Association or the National Outboard Association or of some organization affiliated therewith.
Sec. 25. 1. The provisions of this chapter, and of other applicable laws of this state shall govern the operation, equipment, numbering and all other matters relating thereto whenever any vessel is operated on the waters of this state, or when any activity regulated by this chapter takes place thereon; but nothing in this chapter prevents the adoption of any ordinance or local law relating to operation and equipment of vessels the provisions of which are identical to the provisions of this chapter, amendments thereto or regulations issued thereunder.
2. Such ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments thereto or regulations issued thereunder.
3. Any subdivision of his state may, at any time, but only after public notice, make formal application to the department for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits and shall set forth therein the reasons which a make such special rules or regulations necessary or appropriate.
4. The department may make special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state.
Sec. 26. A copy of the regulations adopted pursuant to the provisions of this chapter, and any amendments thereto, shall be filed in the office of the department. Rules and regulations shall be published by the department in a convenient form.
κ1960 Statutes of Nevada, Page 482 (CHAPTER 265, AB 10)κ
Sec. 27. As used in sections 27 to 30, inclusive, of this act:
1. Boat means any vessel or watercraft moved by oars, paddles, sails or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the water whether or not capable of self-locomotion, including houseboats, barges and similar floating objects.
2. Marine toilet means any toilet on or within any boat.
3. Sewage means all human body wastes.
Sec. 28. 1. No marine toilet on any boat operated upon waters of this state shall be so constructed and operated as to discharge any inadequately treated sewage into such waters directly or indirectly.
2. No boat shall be so equipped as to permit discharge from or through its marine toilet, or in any other manner, of any inadequately treated sewage at any time into waters of this state, nor shall any container of inadequately treated sewage be placed, left, discharge or caused to be placed, left or discharged in or near any waters of this state by any person at any time whether or not the owner, operator, guest or occupant of a boat.
Sec. 29. Any marine toilet located on or within any boat operated on waters of this state shall have securely affixed to the interior discharge opening of such toilet a suitable treatment device in operating condition, constructed and fastened in accordance with regulations of the state department of health or some other treatment facility or method authorized by regulation of the state department of health. All sewage passing into or through such marine toilets shall pass solely through such devices.
Sec. 30. 1. Every sheriff and other peace officer of this state and its political subdivisions shall enforce the provisions of this chapter and may stop and board any vessel subject to the provisions of this chapter.
2. Game wardens of this state may enforce the provisions of this chapter when such enforcement can be conveniently accomplished, and such enforcement shall be incidental to the duties of game wardens to enforce the provisions of Title 45 of NRS.
3. All boats located upon waters of this state shall be subject to inspection by the department or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of this chapter.
4. All boats located upon waters of this state shall be subject to inspection by the state department of health or any lawfully designated agent or inspector thereof at any time for the purpose of determining whether such boat is equipped in compliance with the provisions of sections 27 to 30, inclusive, of this act.
Sec. 31. The department may carry out the provisions of this chapter by appropriate regulations.
Sec. 32. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor.
Sec. 33. Initial registration of all boats in the State of Nevada required to be registered under the provisions of this chapter shall be made during the month of May 1960.
κ1960 Statutes of Nevada, Page 483 (CHAPTER 265, AB 10)κ
Sec. 34. NRS 488.100 is hereby amended to read as follows:
488.100 No owner or operator of any [boat] vessel shall knowingly permit such [boat] vessel to be loaded with passengers or cargo beyond the maximum allowable weight capacity of such [boat,] vessel, nor beyond it safe carrying capacity, taking into consideration weather and other operating conditions.
Sec. 35. NRS 488.160 is hereby amended to read as follows:
488.160 No person [shall] may anchor a [boat] vessel in such a position as to obstruct a passageway ordinarily used by other [boats.] vessels.
Sec. 36. NRS 488.170 is hereby amended to read as follows:
488.170 No person [shall] may operate a [boat] vessel within a water area which is clearly marked by buoys or some other distinguishing device as a bathing or swimming area. Such bathing or swimming areas shall be so marked only with the consent of the [commission.] department.
Sec. 37. NRS 488.180 is hereby amended to read as follows:
488.180 No person [shall] may moor any [boat] vessel to any buoy or beacon placed in any waterway by authority of the United States or any other governmental authority, or in any manner hang on with a [boat] vessel to any such buoy or beacon.
Sec. 38. NRS 501.180 is hereby amended to read as follows:
501.180 1. The commission [shall have the power to] may appoint a state director of fish and game, a technical advisor on fish and game, and such technical assistants and other assistants and clerks and state game wardens as it may deem necessary to conduct its business and enforce the provisions of this Title [,] and of chapter 488 of NRS, who shall have such duties and receive such compensation for their services as may be fixed and determined by the commission.
2. When so appointed the state director and game wardens shall be clothed with all the police powers necessary to enforce the provisions of this Title [.] and of chapter 488 of NRS. State game wardens appointed under the authority of this Title and regularly employed by the commission are empowered to act as peace officers for the service of legal process, including warrants and subpenas, as may be required in the performance of their duties in the enforcement of the fish and game laws and regulations [.] and the Nevada Boat Act. Nothing in this subsection shall be construed to include such state game wardens within the provisions of subsections 1 or 3 or NRS 286.510 but their retirement from service under the provisions of chapter 286 of NRS at the age of 60 years shall be governed by the provisions of subsection 2 of NRS 286.510.
3. The commission may appoint a superintendent of hatcheries who is skilled and expert in the science of fish breeding, and shall exercise control and general supervision over him.
Sec. 39. NRS 488.040 to 488.090, inclusive, 488.110 to 488.150, inclusive, and 488.190 to 488.210, inclusive, are hereby repealed.
Sec. 40. This act shall become effective on May 1, 1960.
________
κ1960 Statutes of Nevada, Page 484κ
Senate Bill No. 137Committee on Agriculture and Irrigation
CHAPTER 266
AN ACT relating to petroleum products; to amend NRS section 590.040, relating to labels of petroleum products, by providing that motor oil containers and dispensers shall be labeled with S.A.E. grade classification numbers; by requiring fill pipes to underground gasoline storage tanks to be labeled with the grade of gasoline; by prescribing the time when the outlets on petroleum delivery trucks shall be labeled; to amend NRS section 590.090, relating to heating products specifications, by establishing the minimum flash point for grade P.S. 200 to be 130° F.; to amend NRS sections 590.170 and 590.180, relating to the advertisement of petroleum products, by deleting certain language; and by providing other matters properly relating thereto.
[Approved March 17, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 590.040 is hereby amended to read as follows:
590.040 1. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale or assist in the sale of or permit to be sold or offered for sale any gasoline, distillate or oil represented as lubricating oil for internal combustion engines, unless there shall be firmly attached to or painted at or as near as practicable to the point of outlet of the container from which or into which he gasoline, distillate, or oil represented as lubricating oil or motor oil for internal combustion engines is drawn or poured out for sale or delivery a sign or label consisting of the word or words, in letters not less than one-half inch in height, comprising the brand or trade name of the petroleum product followed by the word or words, in letters not less than one-half inch in height, Gasoline, Distillate, Lubricating Oil or Motor Oil, as the case may be [; but when] . All containers and dispensers of lubricating and motor oil shall also be labeled in the same manner with the S.A.E. grade classification number. If a lubricating or motor oil has more than one S.A.E. grade classification number, each S.A.E. grade classification number shall be included in the label. When such sign or label is attached to the faucet or valve of a tank truck or tank wagon, the letters shall be not less than three-fourths of an inch in height.
2. The inlet end of the fill pipe to each underground storage tank of gasoline shall be labeled with the brand name and the grade of the gasoline contained therein.
3. Petroleum product delivery outlets on tank delivery trucks shall be labeled to comply with the requirements of this section prior to departure from the bulk plants.
4. If any gasoline shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Gasoline, No Brand.
[3.] 5. If any distillate shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Distillate, No Brand.
κ1960 Statutes of Nevada, Page 485 (CHAPTER 266, SB 137)κ
[4.] 6. If any lubricating oil or motor oil shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Lubricating Oil, No Brand, or Motor Oil, No Brand.
Sec. 2. NRS 590.090 is hereby amended to read as follows:
590.090 1. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale any petroleum or petroleum product to be used for heating purposes, unless the same shall conform to Pacific specifications for the particular grade represented [.] , except that the minimum flash point for grade P.S. 200 shall be 130° F.
2. For the purpose of NRS 590.010 to 590.150, inclusive, the United States standard tables for petroleum oil (Bureau of Standards Circular No. 154) shall be used for temperature correction to 60° F.
Sec. 3. NRS 590.170 is hereby amended to read as follows:
590.170 No person shall keep, maintain or display [on or near the premises of any place of business] in this state any advertising medium which indicates or shows or advertises the price or gasoline or other motor vehicle fuel sold, offered for sale or advertised for sale from such premises, unless the actual price per gallon of gasoline or other motor vehicle fuel, including taxes, is also shown on such advertising medium, together with the word or words gasoline or motor fuel and the trade name or brand.
Sec. 4. NRS 590.180 is hereby amended to read as follows:
590.180 1. No person offering for sale or selling any gasoline or motor vehicle fuel [from any place of business] in the State of Nevada shall post or display a sign or statement or other advertising medium reading, is substance, save a designated amount, or a designated amount per gallon, such as save 5 cents or save 5 cents per gallon, or using the expression off a designated amount, such as 5 cents off or 5 cents less, or discount of a given amount, such as 5 cents discount, or otherwise using the words save, off, discount, wholesale, below, or any of them, or a word or words of similar meaning or other phraseology indicating a reduced price, unless there is posted and displayed in letters of equal size and as part of the same sign, statement or other advertising medium the total price, including all taxes, at which gasoline or motor vehicle fuel is being sold or offered for sale, designating the price for each brand or trade name of gasoline or motor vehicle fuel being sold or offered for sale.
2. The size of the letters, words, figures or numerals used for the purpose of indicating or showing the total price per gallon, including all taxes, shall be of a size as provided under the provisions of NRS 590.200.
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κ1960 Statutes of Nevada, Page 486κ
Senate Bill No. 131Committee on Judiciary
CHAPTER 267
AN ACT to amend chapter 284 of NRS and NRS sections 284.350 and 284.355, relating to the state department of personnel and leave, by clarifying the provisions concerning unclassified employees, contract services and leave; by prohibiting terminal leave payments to employees who serve less than 6 months; and by providing other matters properly relating thereto.
[Approved March 18, 1960]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. As used in NRS 284.140, agency means every board and commission the members of which, or some of such members, are required by law to be appointed.
Sec. 3. 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
2. An independent contractor is a person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses shall be borne by the independent contractor.
(b) There shall be no:
(1) Withholding of income taxes by the state;
(2) Industrial insurance coverage provided by the state;
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave.
4. An independent contractor is not in the classified or unclassified service of the state, and shall have none of the rights or privileges available to officers or employees of the State of Nevada.
5. Each contract for the services of an independent contractor shall be in writing. The form of the contract shall be first approved by the attorney general, and an executed copy shall be filed with the legislative commission.
Sec. 4. NRS 284.350 is hereby amended to read as follows:
284.350 1. All employees in the public service, whether in the classified or unclassified service, shall be entitled to annual leave with pay of [not less than] 1 1/4 working days for each [full calendar] month of service, which may be cumulative from year to year not to exceed 30 working days. The state department of personnel may by regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.
κ1960 Statutes of Nevada, Page 487 (CHAPTER 267, SB 131)κ
regulation provide for additional annual leave for long-term employees, and for prorated annual leave for part-time employees.
2. If an employee dies and was entitled to accumulated annual leave under the provisions of this chapter, the heirs of the deceased employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor of administrator of his estate, upon submitting satisfactory proof to the director of their entitlement, shall be paid an amount of money equal to the number of days of earned or accrued annual leave multiplied by the daily salary or wages of such deceased employee.
3. No elected state officer shall be paid for accumulated annual leave upon termination of his service.
4. During the first 6 months of employment of any employee in the public service, annual leave shall accrue as provided in subsection 1, but no annual leave shall be taken during such period.
5. No employee in the public service shall be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
Sec. 5. NRS 284.355 is hereby amended to read as follows:
284.355 All employees in the public service, whether in the classified or unclassified service, shall be entitled to sick and disability leave with pay of [not less than] 1 1/4 working days for each [full calendar] month of service, which may be cumulative from year to year not to exceed 90 working days. The state department of personnel may by regulation provide for additional sick and disability leave for long-term employees, and for prorated sick and disability leave for part-time employees.
Sec. 6. This act shall become effective upon passage and approval.
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