[Rev. 2/28/2019 2:25:31 PM]
κ1961 Statutes of Nevada, Page 201 (CHAPTER 148, AB 217)κ
the surviving spouse of age 60. If a beneficiary designated hereunder should die after the date of the members death but before attaining age 60 and there has been no payment of benefits to either member or beneficiary, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. If there has been payment of benefits to either the member or the beneficiary no refund shall be made.
5. Option 5 consists of a reduced service retirement allowance payable during the members life, with the provision that it shall continue after his death at one-half the rate paid to him and be paid for the life of his spouse, whom he nominates by written designation duly acknowledged and filed with the board at the time of the election, should his spouse survive him, but no payment shall be made to the surviving spouse prior to the attainment by the surviving spouse of age 60. If a beneficiary designated hereunder should die after the date of the members death but before attaining age 60 and there has been no payment of benefits to either member or beneficiary, the refund of the contributions of the deceased member shall be paid in equal shares directly and without probate or administration to the surviving children of the deceased member or, if there be no such surviving children, to the estate of the deceased beneficiary. If there has been payment of benefits to either the member or the beneficiary no refund shall be made.
6. If a member should enter into retirement status under one of the optional plans described in this section and the duly designated beneficiary should predecease the member, the member may apply to the board for payment of an unconverted allowance, which allowance shall be reduced by the actuarial equivalent of the protection previously received. Such adjusted allowance shall become effective on the 1st day of the month in which application for adjustment is received or on the 1st day of the month following the death of the beneficiary, whichever is later.
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Assembly Bill No. 233Mr. Von Tobel
CHAPTER 149
AN ACT to amend NRS section 82.500, relating to the dissolution and reversion of property of Boy Scout councils, by providing that property shall revert to the Boy Scouts of America for the benefit of scouting in the locality of the dissolved council; and by providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 82.500 is hereby amended to read as follows:
82.500 When any council [, hereby] incorporated [,] under the provisions of NRS 82.460 to 82.510, inclusive, shall be dissolved by its own act, or the forfeiture of its corporate charter, or the revocation or lapse of the charter granted by Boy Scouts of America, the corporation created by Act of Congress, c.
κ1961 Statutes of Nevada, Page 202 (CHAPTER 149, AB 233)κ
provisions of NRS 82.460 to 82.510, inclusive, shall be dissolved by its own act, or the forfeiture of its corporate charter, or the revocation or lapse of the charter granted by Boy Scouts of America, the corporation created by Act of Congress, c. 148, 39 Stat. 227, approved June 15, 1916, 36 U.S.C. §§ 21-29, the property, real and personal, belonging to the council shall revert to and become the property of the Boy Scouts of America, [Nevada Area Council,] the federal corporation, for the benefit of scouting in the locality of such council, or elsewhere in the State of Nevada if, after a reasonable time, there is no suitable opportunity to use such property or funds in such locality, subject to the conditions of any bequest or grant under or through which the council became the owner of the property; [but] and all just and equitable indebtedness of the council shall be paid either before the reversion [,] or by Boy Scouts of America, the federal corporation, out of property belonging to such council, and the Boy Scouts of America, [Nevada Area Council,] the federal corporation, shall not be otherwise liable for any indebtedness of any of the various councils.
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Assembly Bill No. 245Mr. Knisley
CHAPTER 150
AN ACT to amend chapter 245 of NRS, relating to county officers and employees, by adding new sections permitting boards of county commissioners to create revolving funds for advances on travel expenses and subsistences; providing for the administration thereof; and providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 245 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. The board of county commissioners of any county may, by order of the board and for the purpose of providing advance moneys to county officers and employees for travel expenses and subsistence allowances, create a fund, not exceeding $1,000, designated the county travel revolving fund.
2. The county treasurer shall deposit the moneys in the county travel revolving fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS.
3. Notwithstanding the provisions of any other law, the county treasurer or his deputy shall sign all checks and warrants drawn upon the county travel revolving fund.
Sec. 3. 1. Any county officer or employee may apply for advance moneys for authorized travel expenses and subsistence allowances arising out of his official duties or employment, in the amounts as provided for in NRS 245.060, by filing a request with the board of county commissioners.
κ1961 Statutes of Nevada, Page 203 (CHAPTER 150, AB 245)κ
for in NRS 245.060, by filing a request with the board of county commissioners.
2. If the board approves the request it shall forward a copy of the request and approval to the county treasurer.
3. Upon receiving a copy of the request and approval from the board, the county treasurer or his deputy may issue a check or warrant drawn upon the county travel revolving fund for the amount of the advance requested.
Sec. 4. Such request when approved by the county treasurer is a lien in favor of the county upon the accrued wages of the requesting officer or employee in an amount equal to the sum advanced, but the county treasurer may advance more than the amount of accrued wages of the officer or employee.
Sec. 5. Upon the return of the officer or employee, he shall be entitled to receive any authorized expenses and subsistence allowances in excess of the amount advanced, and a sum equal to the advance shall be paid into the county travel revolving fund.
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Senate Bill No. 179Senator Monroe
CHAPTER 151
AN ACT to amend an act entitled An Act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1917, as amended.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 127, is hereby amended by adding thereto a new section to be designated as section 30.7 of Chapter II, which shall immediately follow section 30.6 of Chapter II and shall read as follows:
Section 30.7. 1. Notwithstanding any other provisions of this charter, the board of supervisors shall have the power and jurisdiction:
(a) To fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within the corporate limits of the city of Elko.
(b) To deposit the proceeds of any one or more of such license taxes in a special fund in the city treasury for the purpose or purposes of:
(1) Operating and maintaining recreation facilities as defined in section 30.8 of Chapter II of this charter and under the jurisdiction of the board of supervisors.
(2) Improving, extending and bettering such recreation facilities.
(3) Constructing, purchasing or otherwise acquiring such recreation facilities.
κ1961 Statutes of Nevada, Page 204 (CHAPTER 151, SB 179)κ
(4) Giving assurances to and performing any other acts required by and satisfactory to the Secretary of the Army pursuant to the provisions of subsection 4 of section 30.8 of Chapter II of this charter.
2. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law or provision of this charter. No part of this section shall repeal or affect any other law or any part thereof or any other part of this charter, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 2. The above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 127, is hereby amended by adding thereto a new section to be designated as section 30.8 of Chapter II, which shall immediately follow section 30.7 of Chapter II and shall read as follows:
Section 30.8 1. As used in this section, recreation facility or recreation facilities means a place, structure, area or other facility used for community recreation, such as playgrounds, playing fields or courts, beaches, lakes, rivers, swimming pools, dams constructed across streams or rivers for the creation of swimming pools and recreational reservoirs, gymnasiums, auditoriums, camps, parks, golf courses, natural reservations, recreation grounds, fairgrounds, exposition buildings, convention halls, fieldhouses, amusement halls and recreation centers.
2. The legislature finds and declares that recreation facilities for the use and enjoyment of all the inhabitants of the city of Elko are public uses and municipal purposes, and that the acquisition, construction and operation thereof will promote the morals, amusement, entertainment, health, welfare and safety of the inhabitants of the city.
3. The board of supervisors is authorized and empowered:
(a) To establish, construct, purchase, lease, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage recreation facilities within or without the city, including personal property, real property, lands, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.
(b) To accept contributions, grants or other financial assistance from the Federal Government or any agency or instrumentality thereof, corporate or otherwise, the State of Nevada or any of its political subdivisions or from any other source, for or in aid of any recreation facility within the boards area of operation, and to comply with such conditions, trust indentures, leases or agreements as may be necessary, convenient or desirable.
4. Whenever any recreation facility is affected by or will be affected by any flood control project being constructed or to be constructed under the provisions of any federal law, if the board of supervisors finds that such flood control project will improve, better and protect such recreation facility, the board of supervisors shall have the power to give assurances to and perform any other acts required by and satisfactory to the Secretary of the Army that the local cooperation required for such flood control project by such federal law will be furnished by the city of Elko.
κ1961 Statutes of Nevada, Page 205 (CHAPTER 151, SB 179)κ
such recreation facility, the board of supervisors shall have the power to give assurances to and perform any other acts required by and satisfactory to the Secretary of the Army that the local cooperation required for such flood control project by such federal law will be furnished by the city of Elko.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 247Committee on Judiciary
CHAPTER 152
AN ACT to amend NRS 174.480, relating to trial of issues of fact in criminal cases, by allowing parties to waive trial by jury in felony cases.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 174.480 is hereby amended to read as follows:
174.480 1. Issues of fact must be tried by jury, unless a trial by jury be waived [in cases not amounting to felony,] by consent of both parties expressed in open court and entered in its minutes.
2. In cases of misdemeanor the jury may consist of 12, or any number less than 12 upon which the parties may agree in open court.
Sec. 2. This act shall become effective upon passage and approval.
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Assembly Bill No. 263Messrs. Young and Bunker
CHAPTER 153
AN ACT to amend NRS section 218.680, relating to per diem and travel expenses of legislative commission members, by providing that commission members shall receive $25 for each day engaged in the business of the commission.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.680 is hereby amended to read as follows:
218.680 For each days attendance at each meeting of the commission, or if engaged in the official business of the legislative counsel bureau, the members of the legislative commission shall receive [the per diem expense allowance] $25 and travel expenses as provided by law.
________
κ1961 Statutes of Nevada, Page 206κ
Assembly Bill No. 264Committee on Ways and Means
CHAPTER 154
AN ACT to amend chapter 341 of NRS, relating to the state planning board, by adding a new section creating the planning board option fund; permitting expenditures from such fund to secure the right to purchase real property necessary to the state; appropriating money to such fund; and providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created a fund to be known as the planning board option fund.
2. Notwithstanding the provisions of NRS 334.050, money in the planning board option fund may be used to secure the right to purchase real property or interests therein for the State of Nevada under such terms and conditions as the board shall approve, but no option contract shall bind the State of Nevada to purchase such property or obligate the State of Nevada in any way beyond payment of the purchase price for the option.
Sec. 2. There is hereby appropriated from the general fund in the state treasury the sum of $2,500 to the planning board option fund.
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Assembly Bill No. 266Committee on Insurance
CHAPTER 155
AN ACT to amend chapter 690 of NRS, relating to life insurance, by creating new provisions adopting standard nonforfeiture and valuation provisions for policies issued by life insurance companies; and by providing other matters properly relating thereto.
[Approved March 24, 1961]
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 the provisions set forth as sections 2 to 15, inclusive, of this act.
Sec. 2. 1. Except as provided in section 7 of this act and in subsection 2 of this section, sections 2 to 9, inclusive, of this act shall apply to policies of life insurance issued on and after January 1, 1962.
2. The commissioner may, upon application of any company, for good cause shown, defer the applicability of sections 2 to 6, inclusive, and sections 8 and 9 of this act with respect to such company to a date not later than January 1, 1964.
κ1961 Statutes of Nevada, Page 207 (CHAPTER 155, AB 266)κ
Sec. 3. 1. Except as provided in section 9 of this act, no policy of life insurance shall be issued or delivered in this state unless it shall contain in substance the following provisions, or corresponding provisions which in the opinion of the commissioner are at least as favorable to the defaulting or surrendering policyholder:
(a) In the event of default in any premium payment, the company will grant, upon proper request made not later than 60 days after the due date of the premium in default, a paid-up nonforfeiture benefit on a plan stipulated in the policy, effective as of such due date, of the value specified in sections 2 to 9, inclusive, of this act.
(b) Upon surrender of the policy within 60 days after the due date of any premium payment in default after premiums have been paid for at least 3 full years in the case of ordinary insurance or 5 full years in the case of industrial insurance, the company will pay, in lieu of any paid-up nonforfeiture benefit, a cash surrender value of the amount specified in sections 2 to 9, inclusive, of this act.
(c) A specified paid-up nonforfeiture benefit shall become effective as specified in the policy unless the person entitled to make such election elects another available option not later than 60 days after the due date of the premium in default.
(d) If the policy shall have become paid up by completion of all premium payments or if it is continued under any paid-up nonforfeiture benefit which became effective on or after the third policy anniversary in the case of ordinary insurance or the fifth policy anniversary in the case of industrial insurance, the company will pay, upon surrender of the policy within 30 days after any policy anniversary, a cash surrender value of the amount specified in sections 2 to 9, inclusive, of this act.
(e) A statement of the mortality table and interest rate used in calculating the cash surrender values and the paid-up nonforfeiture benefits available under the policy, together with a table showing the cash surrender value, if any, and paid-up nonforfeiture benefit, if any, available under the policy on each policy anniversary either during the first 20 policy years or during the term of the policy, whichever is shorter. Such values and benefits shall be calculated upon the assumption that there are no dividends or paid-up additions credited to the policy and that there is no indebtedness to the company on the policy.
(f) A statement that the cash surrender values and the paid-up nonforfeiture benefits available under the policy are not less than the minimum values and benefits required by or pursuant to the insurance law of the state in which the policy is delivered, and an explanation of the manner in which the cash surrender values and the paid-up nonforfeiture benefits are altered by the existence of any paid-up additions credited to the policy or any indebtedness to the company on the policy.
(g) If a detailed statement of the method of computation of the values and benefits shown in the policy is not stated therein, a statement that such method of computation has been filed with the insurance supervisory official of the state in which the policy is delivered.
κ1961 Statutes of Nevada, Page 208 (CHAPTER 155, AB 266)κ
(h) A statement of the method to be used in calculating the cash surrender value and paid-up nonforfeiture benefit available under the policy on any policy anniversary beyond the last anniversary for which such values and benefits are consecutively shown in the policy.
2. Any of the provisions required by subsection 1 which are not applicable by reason of the plan of insurance may, to the extent inapplicable, be omitted from the policy.
3. Each company shall reserve the right to defer the payment of any cash surrender value for a period of 6 months after demand therefor with surrender of the policy.
Sec. 4. 1. Any cash surrender value available under the policy in the event of default in a premium payment due on any policy anniversary, whether or not required by section 3 of this act, shall be an amount not less than the excess, if any, of the present value, on such anniversary, of the future guaranteed benefits which would have been provided for by the policy, including any existing paid-up additions, if there had been no default, over the sum of:
(a) The then-present value of the adjusted premiums, as defined in sections 6 and 7 of this act, corresponding to premiums which would have fallen due on and after such anniversary; and
(b) The amount of any indebtedness to the company on the policy.
2. Any cash surrender value available within 30 days after any policy anniversary under any policy paid up by completion of all premium payments or any policy continued under any paid-up nonforfeiture benefit, whether or not required by section 3 of this act, shall be an amount not less than the present value, on such anniversary, of the future guaranteed benefits provided for by the policy, including any existing paid-up additions, decreased by any indebtedness to the company on the policy.
Sec. 5. Any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due on any policy anniversary shall be such that its present value as of such anniversary shall be at least equal to the cash surrender value then provided for by the policy or, if none is provided for, that cash surrender value which would have been required by sections 2 to 9, inclusive, of this act in the absence of the condition that premiums shall have been paid for at least a specified period.
Sec. 6. 1. Except as provided in subsection 3 of this section, the adjusted premiums for any policy shall be calculated on an annual basis and shall be such uniform percentage of the respective premiums specified in the policy for each policy year, excluding any extra premiums charged because of impairments or special hazards, that the present value, at the date of issue of the policy, of all such adjusted premiums shall be equal to the sum of:
(a) The then-present value of the future guaranteed benefits provided for by the policy;
(b) Two percent of the amount of insurance, if the insurance be uniform in amount, or of the equivalent uniform amount, as defined in this section, if the amount of insurance varies with duration of the policy;
κ1961 Statutes of Nevada, Page 209 (CHAPTER 155, AB 266)κ
(c) Forty percent of the adjusted premium for the first policy year; and
(d) Twenty-five percent of either the adjusted premium for the first policy year or the adjusted premium for a whole life policy of the same uniform or equivalent uniform amount with uniform premiums for the whole of life issued at the same age for the same amount of insurance, whichever is less.
2. In applying the percentages specified in paragraphs (c) and (d) of subsection 1, no adjusted premium shall be deemed to exceed 4 percent of the amount of insurance or uniform amount equivalent thereto. The date of issue of a policy for the purpose of this section shall be the date as of which the rated age of the insured is determined.
3. The adjusted premiums for any policy providing term insurance benefits by rider or supplemental policy provision shall be equal to (A) the adjusted premiums for an otherwise similar policy issued at the same age without such term insurance benefits, increased, during the period for which premiums for such term insurance benefits are payable, by (B) the adjusted premiums for such term insurance, the foregoing items (A) and (B) being calculated separately and as specified in subsections 1 and 2 of this section, except that, for the purposes of paragraphs (b), (c) and (d) of subsection 1, the amount of insurance or equivalent uniform amount of insurance used in the calculation of the adjusted premiums referred to in (B) shall be equal to the excess of the corresponding amount determined for the entire policy over the amount used in the calculation of the adjusted premiums in (A).
4. In the case of a policy providing an amount of insurance varying with duration of the policy, the equivalent uniform amount thereof for the purpose of this section shall be deemed to be the uniform amount of insurance provided by an otherwise similar policy, containing the same endowment benefit or benefits, if any, issued at the same age and for the same term, the amount of which does not vary with duration and the benefits under which have the same present value at the date of issue as the benefits under the policy, except that, in the case of a policy providing a varying amount of insurance issued on the life of a child under 10 years of age, the equivalent uniform amount may be computed as though the amount of insurance provided by the policy prior to the attainment of age 10 were the amount provided by such policy at age 10.
5. Except as otherwise provided in section 7 of this act, all adjusted premiums and present values referred to in sections 2 to 9, inclusive, of this act, shall for all policies of ordinary insurance be calculated on the basis of the Commissioners 1941 Standard Ordinary Mortality Table, but for any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than 3 years younger than the actual age of the insured. Such calculations for all policies of industrial insurance shall be made on the basis of the 1941 Standard Industrial Mortality Table.
6. All calculations shall be made on the basis of the rate of interest, not exceeding 3 1/2 percent per annum, specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, but in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than 130 percent of the rates of mortality according to such applicable table.
κ1961 Statutes of Nevada, Page 210 (CHAPTER 155, AB 266)κ
calculating cash surrender values and paid-up nonforfeiture benefits, but in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than 130 percent of the rates of mortality according to such applicable table.
7. The calculation of any adjusted premiums and present values for insurance issued on a substandard basis may be based on such other table of mortality as may be specified by the company and approved by the commissioner.
Sec. 7. 1. In the case of ordinary policies issued on or after the operative date of this section, all adjusted premiums and present values referred to in sections 2 to 9, inclusive, of this act, shall be calculated on the basis of the Commissioners 1958 Standard Ordinary Mortality Table and the rate of interest, not exceeding 3 1/2 percent per annum, specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits, except that:
(a) For any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than 3 years younger than the actual age of the insured;
(b) In calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the Commissioners 1958 Extended Term Insurance Table.
(c) The calculation of adjusted premiums and present values for insurance issued on a substandard basis may be based on such other table of mortality as may be specified by the company and approved by the commissioner.
2. Any company may file with the commissioner a written notice of its election to comply with the provisions of this section after a specified date before January 1, 1966. After the filing of such notice, this section shall become operative upon such specified date with respect to the ordinary policies thereafter issued by such company.
3. If a company makes no such election, the operative date of this section for such company shall be January 1, 1966.
Sec. 8. 1. Any cash surrender value and any paid-up nonforfeiture benefit, available under the policy in the event of default in a premium payment due at any time other than on the policy anniversary, shall be calculated with allowance for the lapse of time and the payment of fractional premiums beyond the last preceding policy anniversary.
2. All values referred to in sections 4 to 7, inclusive, of this act, may be calculated upon the assumption that any death benefit is payable at the end of the policy year of death.
3. The net value of any paid-up additions, other than paid-up term additions, shall not be less than the dividends used to provide such additions.
4. Notwithstanding the provisions of section 4 of this act, additional benefits payable:
(a) In the event of death or dismemberment by accident or accidental means;
κ1961 Statutes of Nevada, Page 211 (CHAPTER 155, AB 266)κ
(b) In the event of total and permanent disability;
(c) As reversionary annuity or deferred reversionary annuity benefits;
(d) As term insurance benefits provided by a rider or supplemental policy provision to which, if issued as a separate policy, sections 2 to 9, inclusive, of this act would not apply; and
(e) As term insurance on the life of a child or on the lives of children provided in a policy on the life of a parent of the child, if such term insurance expires before the childs age is 26, is uniform in amount after the childs age is 1, and has not become paid up by reason of the death of a parent of the child; and
(f) As other policy benefits additional to life insurance and endowment benefits; and
(g) Premiums for all such additional benefits,
shall be disregarded in ascertaining cash surrender values and nonforfeiture benefits required by sections 2 to 9, inclusive, of this act, and no such additional benefits shall be required to be included in any paid-up nonforfeiture benefits.
Sec. 9. Sections 2 to 8, inclusive, of this act shall not apply to any:
1. Reinsurance, group insurance, pure endowment, annuity or reversionary annuity contract;
2. Term policy of uniform amount, or the renewal thereof, of 15 years or less expiring before age 66, for which uniform premiums are payable during the entire term of the policy; or
3. Term policy of decreasing amount on which each adjusted premium, calculated as specified in sections 6 and 7 of this act, is less than the adjusted premium, calculated in the same manner, on a 15-year term policy issued at the same age and for the same initial amount of insurance.
4. Policy which shall be delivered outside this state by an agent or other representative of the company issuing the policy.
Sec. 10. As used in sections 11 to 15, inclusive, of this act, reserves means reserve liabilities.
Sec. 11. 1. On and after July 1, 1961, the commissioner shall, in the manner provided by sections 11 to 15, inclusive, of this act, annually value, or cause to be valued, the reserves for all outstanding life insurance policies and annuity and pure endowment contracts of every life insurance company doing business in this state, except that in the case of an alien insurer, such valuation shall be limited to its United States business.
2. The commissioner may certify the amount of any such reserves, specifying the mortality table or tables, rate or rates of interest and methods used in the calculation of such reserves.
3. The commissioner may:
(a) Use any method, including group methods and the net level premium method, in the calculation of such reserves.
(b) Use approximate averages for fractions of a year or other period to calculate such reserves.
(c) In lieu of the valuation of the reserves required of any foreign or alien company, accept any valuation made, or caused to be made, by an insurance supervisory official of any other state or jurisdiction if such valuation complies with the minimum standard required by sections 10 to 15, inclusive, of this act, and if the insurance official of such other state or jurisdiction accepts as sufficient and valid for all legal purposes the certificate of valuation of the commissioner when such certificate states the valuation to have been made in a specified manner according to which the aggregate reserves would be at least as large as if they had been computed in the manner prescribed by the law of that state or jurisdiction.
κ1961 Statutes of Nevada, Page 212 (CHAPTER 155, AB 266)κ
by an insurance supervisory official of any other state or jurisdiction if such valuation complies with the minimum standard required by sections 10 to 15, inclusive, of this act, and if the insurance official of such other state or jurisdiction accepts as sufficient and valid for all legal purposes the certificate of valuation of the commissioner when such certificate states the valuation to have been made in a specified manner according to which the aggregate reserves would be at least as large as if they had been computed in the manner prescribed by the law of that state or jurisdiction.
Sec. 12. 1. The minimum standard for the valuation of all policies and contracts issued prior to the effective date of sections 2 to 9, inclusive, of this act, shall be that provided by NRS 690.020.
2. The minimum standard for the valuation of all policies and contracts issued on or after the effective date of sections 2 to 9, inclusive, of this act, shall be the Commissioners reserve valuation method defined in section 13 of this act, 3 1/2 percent interest, and the following tables:
(a) For all ordinary policies of life insurance issued on the standard basis, excluding any disability and accidental death benefits in such policies, the Commissioners 1941 Standard Ordinary Mortality Table until the operative date of section 7 of this act, and, for all such policies issued after such date, the Commissioners 1958 Standard Ordinary Mortality Table, except that for any category of such policies issued on female risks all modified net premiums and present values referred to in sections 10 to 15, inclusive, of this act may be calculated according to an age not more than 3 years younger than the actual age of the insured.
(b) For all industrial life insurance policies issued on the standard basis, excluding any disability and accidental death benefits in such policies, the 1941 Standard Industrial Mortality Table.
(c) For individual annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the 1937 Standard Annuity Mortality Table or, at the option of the company, the Annuity Mortality Table for 1949, Ultimate, or any modification of either of these tables approved by the commissioner.
(d) For group annuity and pure endowment contracts, excluding any disability and accidental death benefits in such policies, the Group Annuity Mortality Table for 1951, any modification of such table approved by the commissioner, or, at the option of the company, any of the tables or modifications of tables specified for individual annuity and pure endowment contracts.
(e) For total and permanent disability benefits in or supplementary to ordinary policies or contracts, for policies or contracts issued on or after January 1, 1966, the tables of Period 2 disablement rates and the 1930 to 1950 termination rates of the 1952 Disability Study of the Society of Actuaries, with due regard to the type of benefit; and for policies or contracts issued on or after the effective date of sections 2 to 9, inclusive, of this act and prior to January 1, 1966, either such tables or, at the option of the company, the Class (3) Disability Table (1926).
κ1961 Statutes of Nevada, Page 213 (CHAPTER 155, AB 266)κ
(f) For accidental death benefits in or supplementary to policies, for policies issued on or after January 1, 1966, the 1959 Accidental Death Benefits Table; and for policies issued on or after the effective date of sections 2 to 9, inclusive, of this act and prior to January 1, 1966, either such table or, at the option of the company, the Inter-Company Double Indemnity Mortality Table. Either table shall be combined with a mortality table permitted for calculating the reserves for life insurance policies.
(g) For group life insurance, for life insurance issued on the substandard basis and for special benefits, such tables as may be approved by the commissioner.
Sec. 13. 1. Reserves, according to the Commissioners reserve valuation method, for the life insurance and endowment benefits of policies providing for a uniform amount of insurance and requiring the payment of uniform premiums shall be the excess, if any, of the present value, at the date of valuation, of such future guaranteed benefits provided for by such policies over the then-present value of any future modified net premiums therefor.
2. The modified net premiums for any such policy shall be such a uniform percentage of the respective contract premiums for such benefits that the present value, at the date of issue of the policy, of all such modified net premiums shall be equal to the sum of the then-present value of such benefits provided for by the policy and the excess of:
(a) A net level annual premium equal to the present value, at the date of issue, of such benefits provided for after the first policy year, divided by the present value, at the date of issue, of an annuity of one per annum payable on the first and each subsequent anniversary of such policy on which a premium falls due; over
(b) A net 1-year term premium for such benefits provided for in the first policy year.
3. The net level annual premium referred to in paragraph (a) of subsection 2 shall not exceed the net level annual premium on the 19-year premium whole life plan for insurance of the same amount at an age 1 year higher than the age at issue of such policy.
4. Reserves according to the Commissioners reserve valuation method for life insurance policies providing for a varying amount of insurance or requiring the payment of varying premiums, for annuity and pure endowment contracts, for disability and accidental death benefits in all policies and contracts, and for all other benefits, except life insurance and endowment benefits in life insurance policies, shall be calculated by a method consistent with the principles of this section, except that any extra premiums charged because of impairments or special hazards shall be disregarded in the determination of modified net premiums.
5. In no event shall a companys aggregate reserves for all life insurance policies, excluding disability and accidental death benefits, issued on or after the effective date of sections 2 to 9, inclusive, of this act be less than the aggregate reserves calculated in accordance with the method set forth in this section and the mortality table or tables and rate or rates of interest used in calculating nonforfeiture benefits for such policies.
κ1961 Statutes of Nevada, Page 214 (CHAPTER 155, AB 266)κ
and rate or rates of interest used in calculating nonforfeiture benefits for such policies.
Sec. 14. 1. Reserves for all policies and contracts issued prior to the effective date of sections 2 to 9, inclusive, of this act may be calculated, at the option of the company, according to any standards which produce greater aggregate reserves for all such policies and contracts than the minimum reserves required by the laws in effect immediately prior to such date.
2. Reserves for any category of policies, contracts or benefits as established by the commissioner, issued on or after the effective date of sections 2 to 9, inclusive, of this act, may be calculated, at the option of the company, according to any standards which produce greater aggregate reserves for such category than those calculated according to the minimum standard provided by such sections, but the rate or rates of interest used shall not be higher than the corresponding rate or rates of interest used in calculating any nonforfeiture benefits provided for in such sections.
3. Reserves for participating life insurance policies issued on or after the effective date of sections 2 to 9, inclusive, of this act may, with the consent of the commissioner, be calculated according to a rate of interest lower than the rate of interest used in calculating the nonforfeiture benefits in such policies, but if such lower rate differs from the rate used in the calculation of the nonforfeiture benefits by more than one-half percent, the company issuing such policies shall file with the commissioner a plan providing for such equitable increases, if any, in the cash surrender values and nonforfeiture benefits in such policies as the commissioner shall approve.
4. Any such company which at any time shall have adopted any standard of valuation producing greater aggregate reserves than those calculated according to the minimum standard provided in sections 10 to 15, inclusive, of this act may, with the approval of the commissioner, adopt any lower standard of valuation, but not lower than the minimum provided in such sections.
Sec. 15. 1. If the gross premium charged by any life insurance company on any policy or contract issued on or after the effective date of sections 2 to 9, inclusive, of this act is less than the net premium for the policy or contract according to the mortality table, rate of interest and method used in calculating the reserve thereon, there shall be maintained on such policy or contract a deficiency reserve in addition to all other reserves required by law.
2. For each such policy or contract the deficiency reserve shall be the present value, according to such standard, of an annuity of the difference between such net premium and the premium charged for such policy or contract, running for the remainder of the premium-paying period.
Sec. 16. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 215κ
Assembly Bill No. 291Messrs. Swanson, Howard and Buckingham
CHAPTER 156
AN ACT to amend NRS section 252.070, relating to deputy district attorneys, by allowing district attorneys to appoint necessary personnel; and by providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 252.070 is hereby amended to read as follows:
252.070 1. All district attorneys are authorized to appoint deputies, who shall have power to transact all official business appertaining to the offices, to the same extent as their principals.
2. District attorneys shall be responsible for the compensation of their deputies, and shall be responsible on their official bonds for all official malfeasance or nonfeasance of the same. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.
3. All appointments of deputies under the provisions of this section shall be in writing, and shall, together with the oath of office of the deputies, be filed and recorded in a book provided for that purpose in the office of the recorder of the county within which the district attorney legally holds and exercises his office. Revocations of such appointments shall also be filed and recorded as herein provided. From the time of the filing of the appointments or revocations therein, persons shall be deemed to have notice of the same.
4. Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his office may require. The compensation of any such person appointed shall be fixed by the board of county commissioners.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 297Mr. Hafen
CHAPTER 157
AN ACT to amend chapter 381 of NRS, relating to state museums, by adding a new section authorizing the superintendent of the state department of buildings and grounds to accept gifts, devises and bequests on behalf of the Lost City museum after approval by the legislature; and providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 381 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1961 Statutes of Nevada, Page 216 (CHAPTER 157, AB 297)κ
1. Subject to the provisions of subsection 2, the superintendent of the state department of buildings and grounds, for and on behalf of the Lost City museum may accept gifts, devises or bequests of real or personal property from any source and may use the same in any manner consistent with the purposes of the museum.
2. No gift, devise or bequest shall be accepted by the superintendent of the state department of buildings and grounds for the Lost City museum, whether or not such gift, devise or bequest may confer a benefit upon the people of the State of Nevada, unless prior legislative approval in the form of a concurrent resolution is obtained.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 322Elko County Delegation
CHAPTER 158
AN ACT to amend an act entitled An Act to incorporate the town of Wells, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 24, 1927, as amended.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of Chapter I of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 142, is hereby amended to read as follows:
Section 3. [Wards. The city of Wells shall consist of three wards, situate and described as follows: All that certain section of the city of Wells situated north of the main tracts of the Southern Pacific railroad shall be the first ward; all that section of the city situated south of the said main tracks of the Southern Pacific railroad and west of F street shall be the second ward; and all that section of the city south of the said main tracks of the said railroad and east of said F street shall be the third ward, but for the purpose of convenience of holding elections there shall be but one voting precinct; all elective officers shall be elected by the voters of said city at large.] Election. For the purpose of convenience of holding elections there shall be but one voting precinct; all elective officers shall be elected by the voters of said city at large.
Sec. 2. Section 9 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 147, is hereby amended to read as follows:
Section 9. Mayor and Councilmen, Salary of. [The mayor of said city shall receive as remuneration for his services, the sum of twelve dollars ($12) per annum, payable in equal monthly installments; and each of the councilmen shall receive the sum of twelve ($12) per annum, payable in the same manner.]
κ1961 Statutes of Nevada, Page 217 (CHAPTER 158, AB 322)κ
annum, payable in the same manner.] Until July 1, 1961, the mayor of said city shall receive as remuneration for his services the sum of $240 per annum, payable in equal monthly installments and each of the councilmen shall receive the sum of $240 per annum, payable in the same manner. From and after July 1, 1961, the mayor of said city shall receive as remuneration for his services the sum of $480 per annum, payable in equal monthly installments, and each of the councilmen shall receive the sum of $480 per annum, payable in the same manner. The compensation of the mayor and councilmen shall be allowed and paid out of such city funds as the board may designate.
Sec. 3. Section 17 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 152, is hereby amended to read as follows:
Section 17. Claims and Accounts-[Warrants,] Checks, How Issued-Financial Statements, Publication of. The councilman named at the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another councilman to act in his stead during his absence, or to audit such claims or accounts as said councilman shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of councilmen and no money shall be paid for any purpose except upon [warrant] check executed by the mayor and attested by the city clerk upon order of the board. The city clerk shall draw a [warrant] check upon the [treasurer] bank for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the [treasurer,] bank, the same shall be paid by [him.] said bank. The holder of any claim which has been rejected in whole or in part may, within six months after such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if such action be not commenced within such period, such claim or amount so rejected, together with the action thereon, shall be forever barred, and the board of councilmen shall not have power to allow or pay the same in whole or in any part at any time subsequently. The action shall be against the city and service of summons in all actions against the city shall be upon the mayor, or, in the event of his absence, upon the vice-president of the board. In case of final recovery of judgment by the plaintiff in any action against the city, no execution shall issue therefor, but the board must allow the amount of the same with costs as taxed by the court. The councilmen shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose; said board of councilmen shall require a statement to be published or posted, as may be designated by them, in January, April, July, and October of each year, showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof and all outstanding bonds and other obligations.
κ1961 Statutes of Nevada, Page 218 (CHAPTER 158, AB 322)κ
Sec. 4. Section 29 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 158, is hereby amended to read as follows:
Section 29. Ordinances-Procedure-Referendum-Initiative-Emergency Measures-Repeal-Notices. Ordinances when first proposed shall be read aloud in full to the board of councilmen and final action thereon shall be deferred until the next regular meeting of the board, of which action notice shall be given by publication in a newspaper at least once and at least one week prior to the meeting at which such final action is to be taken, which notice shall state briefly, by reference to the title of the proposed ordinance or by reference to the purpose or content thereof, the nature of such proposed ordinance; provided, however, that in cases of emergency, by unanimous consent of the whole board, such special action may be taken immediately or at a special meeting called for that purpose. No ordinance shall be passed as an emergency measure unless reasons for passing it as such are expressed in its preamble.
No ordinance passed by the board, unless it be an emergency measure, shall go into effect until thirty days after its passage. If at any time during said thirty days, a petition signed by qualified electors numbering not less than twenty per cent of those who voted at the last preceding general municipal election, requesting the repeal of the ordinance or its submission to a referendum, be presented to the board, such ordinance shall thereupon be suspended from going into operation, and it shall be the duty of the board to reconsider such ordinance. If upon reconsideration such ordinance is not repealed, the board shall, after the sufficiency of the referendum petition has been certified to by the city clerk, submit the ordinance to a vote of the electors of the municipality at a special election, unless a regular municipal election is to be held within ninety days, in which event it shall be submitted at such regular municipal election. No ordinance submitted to a vote of the electors shall become operative unless approved by a majority of those voting thereon.
Emergency measures shall be subject to referendum like other orders passed by the board, except that they shall go into effect at the time indicated in them. If, when submitted to a vote of the electors, an emergency measure is not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder.
Any proposed ordinance, resolution or amendment to this charter, may be submitted to the board by petition signed by qualified electors numbering not less than 20 per cent of those who voted at the last preceding general city election. The form, sufficiency and regularity of such petitions, shall be determined in the manner herein provided. The petition presenting the proposed ordinance, resolution or amendment shall contain a statement in not more than 200 words giving the petitioners reason why such ordinance, resolution or amendment should be adopted; and if such petition shall contain a request that the said ordinance, resolution or amendment be submitted to a vote of the people, the board shall either (a) pass such ordinance, resolution or amendment without alteration at its next regular meeting, after the sufficiency of said petition has been determined and certified by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city.
κ1961 Statutes of Nevada, Page 219 (CHAPTER 158, AB 322)κ
of the people, the board shall either (a) pass such ordinance, resolution or amendment without alteration at its next regular meeting, after the sufficiency of said petition has been determined and certified by the clerk, or (b) immediately after its refusal to pass such ordinance, resolution or amendment at such meeting, and after certification by the clerk as to the sufficiency of the petition, call a special election, unless a general city election is to be held within ninety days thereafter, and at such special or general election submit such proposed ordinance, resolution or amendment without alteration to a vote of the electors of the city. The ballot used when voting upon such ordinance shall contain a brief statement of the nature of the ordinance, and the two propositions in the order here set forth:
For the Ordinance.
Against the Ordinance.
and shall be printed as provided herein or in the general election laws. Immediately to the right of each of the propositions shall be placed a square in which the elector by making a (X) mark, may vote for or against the adoption of the ordinance. If a majority of the qualified electors voting on the proposed ordinance shall vote in favor thereof, it shall thereupon become a valid and binding ordinance of the municipality. Any number of proposed ordinances may be voted upon at the same election in accordance with the provisions of this section, but there shall not be more than one special election for such purpose in any period of six months. Ordinances adopted under the provisions of this section shall not be repealed or amended except by direct vote of the people as herein provided.
All ordinances shall be signed by the mayor and attested by the city clerk and shall be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in [such] the city, if any there be; otherwise some newspaper published in the county and having a general circulation in [such] the city, for a period of at least one week before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet forms by the authority of the board, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher, and said book or certified copy thereof of the ordinances therein contained, in the name of the city, shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet forms by the authority of the said board of councilmen, they shall be so received.
Sec. 5. Section 30 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 160, is hereby amended to read as follows:
Section 30. The said board of councilmen shall have the following powers:
1. To make and pass all ordinances, resolutions and orders, not repugnant to the constitution of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine not to exceed three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
κ1961 Statutes of Nevada, Page 220 (CHAPTER 158, AB 322)κ
Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine not to exceed three hundred dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.
2. To control the finances and property of the corporation.
3. To appropriate same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation [.] , provided, that all money held in any fund not herein provided for may be transferred to the general fund of the city, or otherwise transferred from one fund to another.
4. To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.
5. To borrow money on credit of the city for corporate purposes in the manner and to the extent allowed by the statutes and the laws, and to issue [warrants] checks and bonds therefor in such amounts and forms and on such conditions as the board shall determine; and the said board may secure the payment of any bonds of the city by making them a preferred lien against the real or other property of the city; provided, that said city shall not issue or have outstanding at any one time bonds to an amount in excess of ten per cent of the total valuation of the taxable property within its limits as shown by the last preceding tax list or assessment roll, nor [warrants,] checks, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of three per cent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring water, light, heat and sewerage. The said board shall provide for the payment of interest on such bonds as the same shall become due and for a sinking fund for the payment of the principal within thirty years after issuing same. The board shall have power to acquire or establish any public utility only in the manner herein provided, nor shall any other bonded indebtedness be incurred except in said manner. The board shall issue a proclamation which shall set forth briefly the public utility proposed to be acquired or established; the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose; the proposed bonded indebtedness to be incurred therefor; the terms, amount, rate of interest and the time within which redeemable and on what fund. Such proclamation shall be published in full at least once a week for four successive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said board will pass an ordinance providing for said bond issue. If no newspaper is published in the city, then publication shall be made in some newspaper published in the county and having a general circulation in the city.
κ1961 Statutes of Nevada, Page 221 (CHAPTER 158, AB 322)κ
published in the county and having a general circulation in the city. At the first regular meeting of the board, or any adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to a vote of the electors of said city; provided, however, that if a petition shall be presented to said board signed by not less than 20 per cent of the qualified electors of said city as shown by the last preceding registration list and representing not less than ten per cent of the taxable property of said city as shown by the last preceding tax list or assessment roll (and corporate signatures by authorized officers shall be accepted in estimating said ten per cent), asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purposes and carried by a majority of the votes cast. Any ordinance thus passed providing for the issuance of bonds shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said board pursuant to a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said board any time prior to the date of meeting set in said published notice. Only qualified electors who are taxpayers of the city of Wells shall vote at any bond election.
6. To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation or refunding of the same, but no such consolidating or refunding bonds shall be issued except in the manner provided in subdivision 5 of section 30 of this chapter.
7. To divide the city into districts for the purpose of local taxation or to create districts for the purpose as occasion may require.
8. To raise revenue by levying and collecting license fee or tax on any private corporation or business within the limits of the city and to regulate the same by ordinance. All such license fees and taxes shall be uniform in respect to the class upon which they are imposed.
9. To fix the amount of license and terms and manner of their issuance.
10. To fix, impose and collect a license tax on and to regulate all character of lawful callings, industries, occupations, professions and business conducted in whole or in part within the city, including all theaters, motion pictures, theatrical or melodeon performances, skating rinks and performances of any, every and all kinds for which an admission fee is charged, or which may be held in any house, place or enclosure where drinks are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and exhibitions and amusements. To fix, impose and collect a license tax on and regulate all dairies and dairy supply markets, hotels, restaurants, chop houses, cafes, saloons, eating houses, lunch counters, card rooms, games and gaming houses, lodging houses accommodating four or more lodgers, manufacturers, laundries, livery or sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city.
κ1961 Statutes of Nevada, Page 222 (CHAPTER 158, AB 322)κ
manufacturers, laundries, livery or sale stables, cattle or stock corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, street railway companies, operating in whole or in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To fix, impose and collect a license tax on, regulate, prohibit or suppress raffles, hawkers, peddlers, except those dealing in their own agricultural products. To fix, impose and collect a license tax on, regulate, prescribe the location of or suppress street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawn shops, pawn brokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed or sale stables, stock corrals, foundries and machine shops.
To prohibit and suppress all dog fights, cock fights, bear, bull or badger baits; to fix, impose and collect a license tax on, regulate, prescribe the location of, or suppress and prohibit all houses of ill fame, hurdy gurdy houses, bawdy houses, and all places including dance houses and saloons having special attractions such as music or otherwise.
To fix, impose and collect a tax on street cars, telephones, gas meters, electric meters, water meters, or any similar device for measuring service; also telephone, telegraph, electric light and power poles and wires-such license tax to be exclusive of and in addition to all other lawful taxes upon the property of the holder thereof.
To fix, impose and collect a license tax on and regulate all lawful professions, callings, and business whatsoever, including grocers, merchants of any kind and all kinds, trades and traders of all kinds, hotels, butcher shops, slaughter houses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle or harness makers or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, where separate from hardware stores, paint or oil stores, bicycle shops, repair shops, garages, motor vehicle repair shops, newspapers or publications, ice peddlers, insurance companies, fire, life, and accident, and agents and solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies and collectors, carpet cleaners, photographers, wagon makers, wheel wrights, blacksmith shops, horseshoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, all billiard and pool games, or other or any table games played with cue and balls, or other mechanical device, bakers, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water and power companies, ice ponds and ice plants, bankers, brokers of any, every and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, patent medicine agencies of any and all kinds, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stands, pipe and tobacco stores, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular, each, every and any kind of business, and all professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each calling, business, occupation or profession; and provided further, that said board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
κ1961 Statutes of Nevada, Page 223 (CHAPTER 158, AB 322)κ
mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for the same, real estate agents, real estate solicitors, pop corn, peanut, delicatessen, fruit and lemonade stands, refreshment or coffee stands, booths and sheds, dry goods stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies or persons furnishing abstracts of title, iron works, notions and notion stands, pipe and tobacco stores, advertising by billboards, placards and the like, bootblack and bootblack stands, gun stores, sporting, hunting and fishing tackle stores, jewelry stores, resorts for amusement of all kinds, and all and singular, each, every and any kind of business, and all professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each calling, business, occupation or profession; and provided further, that said board may exempt from such license tax any performance, game or exhibition the proceeds of which are to be devoted to public, religious, school, educational or charitable purposes.
11. To fix, impose and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose and collect a license tax on and regulate hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons and other public vehicles and all automobiles, taxi cabs, and jitneys operated for hire, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns or other businesses, and to fix, impose and collect an annual license tax on privately owned and operated automobiles, automobile trucks and motorcycles operated within the city limits.
12. To lay out, establish, open, alter, widen, extend, establish and enforce a uniform grade for grade, pave or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and to vacate the same.
13. To plant or direct and regulate the planting of ornamental shade trees, in, or along, and upon streets, avenues, sidewalks, parks and public grounds.
14. To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
15. To prevent and remove obstructions and encroachments upon the same.
16. To provide for and regulate crosswalks, curbs and gutters.
17. To name streets, avenues, or other public places, and to change the names thereof.
18. To regulate or prohibit traffic and sales upon the streets and sidewalks, and in public places.
19. To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep the sidewalk and gutter in front or along the same free from snow and other obstructions.
κ1961 Statutes of Nevada, Page 224 (CHAPTER 158, AB 322)κ
to keep the sidewalk and gutter in front or along the same free from snow and other obstructions.
20. To regulate and prevent the throwing or depositing of ashes, offal, dirt, garbage, or any offensive matter in, and to prevent injury, or obstruction to, any street, avenue, alley, park or public ground.
21. To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public grounds and buildings, for signs, sign posts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisement.
22. To regulate or prevent the flying of flags, banners, or signs, across the street, or from buildings.
23. To regulate or prohibit the exhibition, distribution or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.
24. To regulate the speed of horses and other animals, bicycles, automobiles, motorcycles, and other conveyances and vehicles, and cars and locomotives within the limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues and public places.
25. To regulate or prohibit any public demonstrations and processions.
26. To compel persons to fasten animals attached to vehicles standing or remaining in the streets, alleys, avenues and public places.
27. To prevent and regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets or on the sidewalks, or to frighten teams or horses.
28. To regulate the ringing of bells, blowing of horns, and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements or otherwise, and to prevent all orations, harangues, loud outcries, performances and devices tending to the collection of persons on the streets or sidewalks.
29. To construct and keep in repair bridges, viaducts and tunnels, and to regulate the use thereof.
30. To permit, regulate or prohibit the locating, constructing or laying of the tracks of any railroad, street railway or tramway in any street, avenue, alley or public place, and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, street car tracks, and connecting and terminal tracks.
31. To declare a nuisance and to take up and remove, or to cause to be taken up and removed, the tracks of any railway which shall have been laid upon, in, along, through or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated continuously with cars for public use for a period of one year after the laying thereof.
32. To require railroad companies to fence their respective railroads or any portion thereof, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.
κ1961 Statutes of Nevada, Page 225 (CHAPTER 158, AB 322)κ
of streets, alleys, avenues, and public places, and keep the same in repair within the limits of the city.
33. To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair, ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage of adjacent property shall not be impaired.
34. To provide for the lighting, sprinkling and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks and public grounds.
35. To regulate the opening and use thereof for the laying of conduits, gas or water mains, or pipes, and the building and repairing of sewers, tunnels and drains.
36. To contract with, authorize or grant any person, company or association a franchise to construct, maintain and operate gas, electric or other lighting or heating works in the city, and to give such persons, company or association, the privilege of furnishing light for the public buildings, streets, sidewalks and alleys of said city.
37. To provide for the lighting of streets, laying down of gas pipes and erecting of lamp posts; to regulate the use of natural gas or manufactured gas, and electric and other lights and electric power, and to regulate the inspection thereof.
38. To construct and maintain water works, gas works, electric light works, street railways, or bath-houses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.
39. To construct or authorize the construction of water works without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes and drains used in or necessary for the construction, maintenance and operation of the same and over the stream or source from which the water is taken, above the point from which it is taken; and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.
40. To regulate and control water and water courses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.
41. To construct, purchase or lease, and maintain canals, ditches, flumes, wells, artesian wells and reservoirs; and to purchase or lease or in any lawful manner acquire springs, streams, or sources of water supply or rights to the use of water for the purpose of providing water for irrigation, domestic or other public uses; and to prevent all waste of water, and, if necessary, to secure said sources of water supply, to purchase or lease land from or upon which said water has been appropriated or applied.
κ1961 Statutes of Nevada, Page 226 (CHAPTER 158, AB 322)κ
purchase or lease land from or upon which said water has been appropriated or applied. Also, to purchase, acquire or lease stock in ditch, canal, reservoir or water companies for the purpose of providing water for such city and the inhabitants thereof.
42. To fix the rate to be paid for the use of water furnished by the city.
43. To purchase, construct, lease, rent, manage and maintain any system or part of any system of water works, hydrants and supplies of water, fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management and control of the property so leased, purchased or constructed.
44. To regulate the construction, repair and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters and plumbing and to provide for a board of examiners to examine all such works.
45. To establish markets and market-houses, and to provide for the regulation and use thereof.
46. To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions and regulate the selling of the same.
47. To provide for the inspection, measurement or graduation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.
48. To provide for and regulate the inspection of meats, fruits, poultry, fish, milk, cream, butter, cheese, lard, vegetables, flour, meal and all other provisions.
49. To provide for the inspection and sealing of weights and measures.
50. To enforce the keeping and use of proper weights and measures by vendors.
51. To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue or suffer nuisances to exist.
52. To provide for and regulate the location, management and construction of packing houses, tanneries, canneries, renderies, bone factories, slaughter houses, butcher shops, hide or junk warehouses, soap factories, foundries, livery stables, and blacksmith shops in, or within one mile of the limits of, the corporation.
53. To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pig-sty, privy, barn, corral, sewer or other unwholesome or nauseous house or place to cleanse, abate or remove the same, and to regulate the location thereof.
54. To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious or malignant diseases into the city, and to make quarantine laws and regulations and enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.
κ1961 Statutes of Nevada, Page 227 (CHAPTER 158, AB 322)κ
55. To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain and manage suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of the city, and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds, and to convey cemetery lots owned by the city, and pass rules and regulations for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.
56. To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.
57. To provide for the burial of the indigent dead and to pay the expenses thereof.
58. To authorize the taking and to provide for safe keeping and education, for such periods of time as may be expedient, of all children who are destitute of proper parental care.
59. To establish, maintain and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.
60. To define fire limits, and prescribe limits within which no buildings shall be constructed, except it be of brick, stone or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.
61. To prescribe the manner of constructing stone, brick and other buildings, and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, benches, scenery, curtains, blinds, screens, or other appliances therein.
62. To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, electric wiring, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in safe condition.
63. To regulate or prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.
64. To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, gasoline, turpentine, dynamite, petroleum, or any of the products thereof, and other combustibles or explosive material, and the use of lights in stables and other places, and the building of bonfires.
κ1961 Statutes of Nevada, Page 228 (CHAPTER 158, AB 322)κ
65. Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire-engine and hook and ladder companies and to prescribe the rules, duties and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.
66. To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation and licensing of stationary engineers and others having charge or control of stationary engines, boilers or steam generating apparatus, or elevators within the corporate limits of the city.
67. To prohibit cruelty to animals.
68. To regulate or prohibit the running at large within the limits of the city of horses, mules, asses, cattle, swine, sheep, goats, geese, and all kinds of poultry; to establish a pound and appoint a pound-keeper, and prescribe his duties, and to distrain and impound animals running at large, and to provide for the sale of the same. The proceeds arising from the sale of such animals, after the payment of all costs, shall go to the city treasury to be disposed of according to law.
69. To provide for the punishment of persons disturbing the peace and good order of the city, or any lawful assembly, by clamor or noise or by intoxication, fighting or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior and to punish the interference with any city officer in the discharge of his duty, also to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.
70. To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.
71. To arrest, fine, or set to work on the streets or elsewhere all vagrants, mendicants and persons found in said city without visible means of support or some legitimate business.
72. To prevent intoxication, fighting, quarreling, dog fights, cock fights, bull fights and all disorderly conduct, and to provide against and to prevent the offenses of assault and battery and petit larceny; to restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses, or the offense of embezzling money or property, in all cases where the money or property embezzled or obtained by false pretense does not exceed in value the sum of fifty dollars.
73. To regulate and prohibit the carrying of concealed weapons.
74. To establish, erect and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
κ1961 Statutes of Nevada, Page 229 (CHAPTER 158, AB 322)κ
and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.
75. To punish and prohibit the selling or giving away of any intoxicating, malt, vinous, mixed or fermented liquors to any minor, insane or idiotic person, habitual drunkard, or person in the habit of becoming intoxicated; and also to punish for keeping, maintaining or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium or where opium is sold for such purposes.
76. To provide for and regulate the numbering of houses and lots.
77. To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, both within and without the city boundaries, to improve and protect such property and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.
78. To erect, lease, acquire, and maintain all needful buildings for the use of the city.
79. The board of councilmen shall have the power to condemn property for public uses.
Sec. 6. Section 41 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, as amended by chapter 125, Statutes of Nevada 1957, at page 172, is hereby amended to read as follows:
Section 41. Duties of the Clerk. He shall countersign all contracts made in behalf of the city. The city clerk shall draw and countersign all orders in pursuance of any order or resolution of the board and keep a full and accurate account thereof in books provided for that purpose; shall make to the board from time to time, upon the order of the board, reports of the financial condition of the city; shall make and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the board as shall secure the payment of the principal and interest of such bonds; shall report annually on or before the first day of February, to the board, an estimate of the expenses of the city and the revenue necessary to be raised for the current year; shall keep regular books of account in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount in bonds, orders, certificates or other evidences of indebtedness issued by the board, the amount of all bonds, orders, certificates or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from the different sources of revenue, and the amounts which have been disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the board, and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested.
κ1961 Statutes of Nevada, Page 230 (CHAPTER 158, AB 322)κ
different sources of revenue, and the amounts which have been disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasurer; shall audit all claims and demands against the city before they are allowed by the board, and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts, which books shall be open to the inspection of all persons interested. [He] The board shall examine all reports, books, papers, vouchers and accounts of the city clerk and ex officio city treasurer. The city clerk shall record in a journal all ordinances, by-laws, rules or resolutions passed or adopted by the board, which journal, after being read and approved at each regular meeting, shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any person or officer and shall charge such person or officer with the same. He shall countersign and certify all claims for the payment of money, executed by the mayor. All claims against the city shall be filed with the clerk, who shall report in writing upon the same and on all matters pertaining to his office at each regular meeting of the board, or oftener if required. The city clerk shall be the official license collector of the city and shall collect for all city licenses and all other moneys making up the city revenues, except general taxes. All moneys belonging to the city (except general taxes), and collected by any person whomsoever, shall be at once paid over to the city clerk [, and the city clerk shall promptly pay the same over, together with all moneys in his hands, to the city treasurer.] and ex officio city treasurer. The city clerk and ex officio city treasurer may deposit the funds of said city in such bank as may be authorized by the board, and all moneys belonging to said city, whether the same come into the hands of the city clerk or of the ex officio city treasurer, under any of the provisions of this charter, shall be thus deposited in such bank and drawn by check of the city clerk and ex officio city treasurer against such fund. All special taxes whenever and wherever practicable, shall be collected by the city clerk. The time and manner of collection of special taxes, and collection of licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the board, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may take the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business of such place or building is required to pay a license, shall be liable for and may be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof.
κ1961 Statutes of Nevada, Page 231 (CHAPTER 158, AB 322)κ
ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within five days after the same becomes due and payable, the sum of one dollar, which shall become and be a part of the license and shall, with such license, be collected by the city clerk, and he shall perform such other duties as the board may provide by ordinances.
Sec. 7. Section 43 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 174, is hereby amended to read as follows:
Section 43. [City Treasurer. The city treasurer shall receive all money belonging to the city, including all taxes, licenses, and fines, and keep an accurate and detailed account thereof, in such manner as provided in this act, or as the board from time to time may by ordinance direct, and he shall collect special taxes and assessments as provided by law and ordinance. He shall make a settlement with the city clerk as the board may direct, at the end of every month, and turn over all warrants, interest, coupons, bonds, or other evidence of indebtedness of the city, which may have been redeemed by him during the month, taking the receipt of the city clerk therefor, and all such warrants, orders, or other evidence of indebtedness shall be canceled by him, and have written or stamped thereon the date of their payment or redemption.] Reports of Settlements by City Clerk and Ex Officio City Treasurer. All settlements and deliveries of coupons, bonds or other evidence of indebtedness of the city which may have been redeemed by the city clerk and ex officio city treasurer during the month shall be made with and reported to the board monthly at the first regular monthly meeting of each month.
Sec. 8. Section 44 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 174, is hereby amended to read as follows:
Section 44. Further Duties of City Clerk and Ex Officio City Treasurer. He shall pay no money out save upon lawful [warrant,] checks, except on account of bonds and interest coupons, which when due may be paid upon presentation, or in case the same are payable at some other place, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.
The city clerk and ex officio city treasurer shall, in addition to his other duties now imposed upon him by law, receive and safely keep all moneys that shall come to the city by taxation or otherwise, and shall pay the same out only on claims duly allowed, except the principal and interest of any municipal bonded indebtedness.
All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall without delay be paid by the city clerk, who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one for the information of the board, and the other of said duplicate receipts shall be given to the officer or person so paying in such money.
κ1961 Statutes of Nevada, Page 232 (CHAPTER 158, AB 322)κ
itemized receipts therefor in duplicate, one for the information of the board, and the other of said duplicate receipts shall be given to the officer or person so paying in such money. All such money shall be placed by the ex officio city treasurer in a fund to be known as the Wells general fund; and shall be so kept intact and not commingled with other moneys or in any manner disposed of except as paid out upon proper [warrants] checks and claims against the city, including the principal and interest of any municipal bonded indebtedness.
On paying any [warrant, the] check, the ex officio city treasurer shall write or stamp across the face thereof, in red ink, the word Redeemed, with the date of such redemption and sign his name thereto officially, and the [warrant] check so canceled shall be sufficient voucher for the ex officio city treasurer as to the amount paid, in his official settlements with the city, which shall take place annually on the fourth Monday in December of each year or oftener as may be required by the board. The mayor [, city clerk,] or any member of board may at any time examine the books and vouchers of the city clerk and ex officio city treasurer, concerning the state of finances and moneys in the hands of the ex officio city treasurer belonging to the city.
The city clerk and ex officio city treasurer shall, before entering upon the discharge of his duties, execute to the city a good and sufficient surety bond, to be approved and paid for by the board; said bond to be in such sum as may be required by the board. The ex officio city treasurer shall perform such other and further duties as may be required, or be prescribed by ordinance. In all cases all actions shall be taken and all papers, documents, instruments, checks, vouchers, receipts, bonds, warrants and any other papers shall be signed either by the city clerk or the city treasurer, or the city clerk and ex officio city treasurer, city clerk and city treasurer, city clerk and treasurer, or otherwise as the case may be, pursuant to the provisions of this charter, as amended.
Sec. 9. Section 45 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 175, is hereby amended to read as follows:
Section 45. [Warrants. All warrants] Checks. All checks shall be paid out of their respective funds in the order in which they shall be issued.
Sec. 10. Section 48 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 176, is hereby amended to read as follows:
Section 48. Report of City Clerk and Ex Officio City Treasurer. The city clerk and ex officio city treasurer shall report to the board at such times as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury. He shall also keep a register of all [warrants] checks, redeemed and paid during the year, and describing such [warrants,] checks, their date, amount, number, the fund from which paid, and the person to whom paid, specifying also the time of payment.
κ1961 Statutes of Nevada, Page 233 (CHAPTER 158, AB 322)κ
payment. And all such [warrants] checks shall be examined by the board at the time of receiving such report.
Sec. 11. Section 56 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 178, is hereby amended to read as follows:
Section 56. Estimates First To Be Had. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination; and they shall give notice thereof and of the proposed improvement, or work, of the location of the improvement, and of the district to be assessed, by publication for at least two weeks in some newspaper published in [said] the city, by posting notices of the same, in at least three public places in [said] the city, one of which shall be in or near the post office of the city, and in addition by posting notices in three public places near the site of [said] the proposed work. [Said] If no newspaper is published in the city, then publication shall be made in some newspaper published in the county and having a general circulation in the city. The notices shall state the time when the board will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered, and said notice shall so specify.
Sec. 12. Section 66 of chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 182, is hereby amended to read as follows:
Section 66. Notice of Assessment To Be Published. Upon receiving the report mentioned in the preceding section the assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him, the whole amount or amounts of all charges so directed as aforesaid to be levied upon each of the lots or premises, respectively, and when completed he shall report the assessment roll to the board. When any special assessment shall be reported by the assessor to the board, as in this section directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the board shall cause notice to be published for at least two weeks in some newspaper published in the city, after the filing of the same with the city clerk, and appointing a time when the board and assessor shall meet to review the assessments. If no newspaper is published in the city, then publication shall be made in some newspaper published in the county and having a general circulation in the city.
Objecting to Assessments, How Made. Any person objecting to the assessment may file his objection thereto with the city clerk. The notice provided for in this section may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:
κ1961 Statutes of Nevada, Page 234 (CHAPTER 158, AB 322)κ
names appear upon the assessment roll and to all others interested therein, and may be in the following form:
Notice of Special Assessment
(Form of notice.) To............................... (insert the names of the persons against whom the assessment appears) and to all persons interested, take notice:
That the roll of special assessment heretofore made by the assessor for the purpose of defraying that part of the costs which the board decided should be paid and borne by special assessment for the (e.g., paving........................ street to .......................... street in the city of Wells) or (constructing a sewer on ............................ street between ......................... street and ........................... street) or (as the case may be) is now on file at my office for public inspection. Notice is hereby given that the board and the assessor of the city of Wells will meet in the ............................. in this city on ......................... (insert the date fixed upon) to review said assessment, at which time and place opportunity will be given all persons interested to be heard.
Date........................................................................................................................ , City Clerk.
Sec. 13. Section 78 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 185, is hereby amended to read as follows:
Section 78. All publications herein provided for shall be made in a newspaper of general circulation published in the city [;] , but if no newspaper is published in the city, then publication shall be made in some newspaper published in the county and having a general circulation in the city; provided, however, the cost of publication shall not exceed the usual commercial rates.
Sec. 14. This act shall become effective upon passage and approval.
________
Assembly Bill No. 326Mr. Swanson
CHAPTER 159
AN ACT to amend NRS sections 174.320, 174.360 and 200.030, relating to kinds of pleas in criminal prosecutions and to degrees of murder, by allowing defendants to plead guilty to degrees of crimes; by providing that a three-judge district court shall determine the degree and fix the sentence upon confession or when the guilty plea does not specify the degree; by providing that the district judge before whom such plea is made shall fix the sentence when the guilty plea specifies a degree lower than murder of the first degree; and by providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 174.320 is hereby amended to read as follows:
174.320 1. There are four kinds of pleas to an indictment or information.
κ1961 Statutes of Nevada, Page 235 (CHAPTER 159, AB 326)κ
[1.] (a) Guilty.
[2.] (b) Not guilty.
[3.] (c) A former judgment of conviction or acquittal of the offense charged which may be pleaded, either with or without the plea of not guilty.
[4.] (d) Once in jeopardy.
2. On a plea of guilty to an information or indictment accusing a defendant of a crime divided into degrees, when consented to by the district attorney in open court and approved by the court, the plea may specify the degree, and in such event the defendant shall not be punished for a higher degree than that specified in the plea.
Sec. 2. NRS 174.360 is hereby amended to read as follows:
174.360 All matters of fact tending to establish a defense, other than that specified in [subsection 3] paragraph (c) of subsection 1 of NRS 174.320, may be given in evidence under the plea of not guilty.
Sec. 3. 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. Upon a plea of guilty which specifies a degree lower than murder in the first degree, the district judge before whom such plea was made shall give sentence accordingly. If any person is convicted of murder on his confession in open court without a jury, or upon a plea of guilty without specification of a degree, the supreme court shall appoint two district judges from judicial districts other than the district in which the confession or plea is made, who shall, with the district judge before whom such confession or plea was made, or his successor in office, 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 the 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. 4. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 236κ
Assembly Bill No. 363Mr. Godbey
CHAPTER 160
AN ACT to amend NRS section 268.045, relating to city capital improvement funds, by allowing the repayment from city general funds to certain capital improvement funds of moneys used to finance capital improvements; and by providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.045 is hereby amended to read as follows:
268.045 1. Except as otherwise provided in subsection 2, with the approval of the state board of finance, every incorporated city in this state, whether incorporated under the provisions of chapters 266 or 267 of NRS or under the provisions of a special act, may accumulate a fund for a period of time not to exceed 10 years for the purpose of making future municipal capital improvements, but no special tax shall be levied for this purpose. Such fund shall not exceed the amount of 25 cents per year on each $100 of assessed value of real and personal property in such city.
2. With the approval of the state board of finance, every incorporated city in this state, whether incorporated under the provisions of chapters 266 or 267 of NRS or under the provisions of a special act, may accumulate any or all moneys received from the sale or lease of real and personal property, which property was transferred to the city by the Federal Government or one of its agencies without consideration, for the purpose of making future municipal capital improvements, without regard to the limitations of time and amount contained in subsection 1.
3. All moneys so accumulated from whatever source shall be placed in a fund to be designated as the ....................... capital improvement fund.
4. With the approval of the state board of finance, a city may, by payments from the general fund of the city scheduled over a period of years, return to a fund accumulated pursuant to subsection 2 moneys withdrawn from such fund to finance a specific municipal capital improvement.
5. No moneys in the capital improvement fund at the end of the fiscal year shall revert to the general fund of the city, nor shall such moneys be a surplus.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 237κ
Assembly Bill No. 370Mr. Glaser
CHAPTER 161
AN ACT to amend chapter 538 of NRS, relating to interstate waters, compacts and commissions, by adding new sections ratifying the Columbia Interstate Compact; providing for appointment of a member of the Columbia Compact Commission to represent Nevada; requiring cooperation of state officers and agencies with the commission; and providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 538 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. Ratification and approval is hereby given the Columbia Interstate Compact as signed at the city of Spokane in the State of Washington on October 3, 1960, by commissioners of the State of Nevada, acting pursuant to authority granted by the provisions of NRS 538.420 to 538.520, inclusive, and the commissioners representing the states of Idaho, Montana, Oregon, Utah, Washington and Wyoming, and approved by the representatives of the United States, which compact is quoted in full as follows:
ARTICLE I-PURPOSES
The purposes of this Compact with respect to the land and water resources of the Columbia River Basin are:
A. To facilitate and promote their orderly, integrated and comprehensive development, use, conservation and control for various purposes.
B. To further intergovernmental cooperation and comity with respect to these resources and the programs for their use and development by, among other things.
(1) Providing for the relationships between certain beneficial uses of water as a practicable means of effecting an equitable apportionment thereof, and for means of facilitating and effecting additional interstate agreements with respect thereto, and
(2) Providing an interstate body to consider the various common problems with respect to the use and development of these resources and to plan for, review and recommend plans for their development.
ARTICLE II-DEFINITION OF TERMS
As used in this Compact:
A. Columbia River System means the Columbia River and its tributaries within the United States.
B. Columbia River Basin means all the drainage area of the Columbia River System within the United States.
C. State or member state means a state which has ratified and is a party to this Compact.
κ1961 Statutes of Nevada, Page 238 (CHAPTER 161, AB 370)κ
D. Upstream state means any of the states of Idaho, Montana, Nevada, Utah or Wyoming.
E. Downstream state means either of the states of Oregon or Washington.
F. Upstream area means all the area of the states of Idaho, Montana, Nevada, Utah and Wyoming situated within the Columbia River Basin, and all those portions of the states of Oregon and Washington situated within the Columbia River Basin, lying east of the summit of the Cascade mountains.
G. Beneficial consumptive use means any use of waters recognized as a beneficial use under the law of the member state involved, resulting in a substantial amount of the water diverted being consumed or so used as not to return to the Columbia River System. Such uses include those for domestic, livestock and municipal purposes, irrigation of land and such industrial and other beneficial uses as involve consumptive use of the water diverted.
H. Nonconsumptive use means any control or use of water in which, exclusive of seepage and evaporation of water incidental to its control or use, the water remains in or returns to the Columbia River System substantially undiminished in volume. Such uses include use for navigation, flood control, production of hydroelectric power, the maintenance of stream flows for pollution control, fish and wildlife and recreational purposes and such industrial and other beneficial uses as result in nonconsumptive use of the water involved.
I. Government means, severally, the member states and the United States.
J. Commission means the Columbia Compact Commission as authorized by this Compact.
ARTICLE III-THE COLUMBIA COMPACT COMMISSION
A. There is hereby created an agency of the member states, and of each of them, to be known as the Columbia Compact Commission. The Commission shall be composed of three commissioners from each of the states of Idaho, Montana, Oregon and Washington, and, if they ratify the Compact, two commissioners from Wyoming and one each from Nevada and Utah. The commissioners of the respective states shall be designated or appointed in accordance with the laws of the state which they represent and shall serve and be subject to removal in accordance with those laws. A commissioner shall be named to represent the United States, to be designated and to serve as provided by the laws of the United States.
B. Each commissioner of a state shall be entitled to one vote in the Commission. The commissioner of the United States shall serve as chairman of the Commission but shall have no vote. In the absence of any commissioner, his vote may be cast by another commissioner of his state or by another representative designated or appointed in accordance with the laws of that state if such other commissioner or representative shall have a written proxy in such form as may be established by rule of the Commission.
κ1961 Statutes of Nevada, Page 239 (CHAPTER 161, AB 370)κ
C. The requirements as to a quorum for the transaction of business at any meeting of the Commission shall be as follows:
(1) Commencing with the date the Compact becomes effective as to all seven states named in subdivision A of this Article, the presence in person of twelve or more commissioners shall constitute a quorum for the transaction of business; such a quorum shall include at least two commissioners, in person, from such of the states of Idaho, Montana, Oregon and Washington as have appointed or designated commissioners. For the duration of any called meeting of the Commission the presence of a quorum shall be determined at the commencement of such meeting.
(2) If any duly called meeting is recessed because of a lack of a quorum initially, a reconvened meeting may be set by written notice, given in accordance with the by-laws, to all commissioners not less than ten days in advance of such reconvened meeting. At such reconvened meeting, the requirements for personal attendance by two commissioners from each of the states of Idaho, Montana, Oregon and Washington shall not apply, and the presence of twelve or more commissioners in person or by proxy shall constitute a quorum.
(3) Commencing with the date the Compact becomes effective, but before all seven states have ratified; the requirements as to a quorum shall be modified as follows:
(a) If only four or five states have ratified, the phrase nine or more shall be substituted for the phrase twelve or more in subsections (1) and (2) of this section C.
(b) If only six states have ratified, the phrase ten or more shall be substituted for the phrase twelve or more in subsections (1) and (2) of this section C.
D. The requirements as to votes required to carry an action at any meeting of the Commission shall be as follows.
(1) Commencing with the date the Compact becomes effective as to all seven states named in section A of this Article, any action by the Commission shall be effective only if it be carried by a vote of twelve or more of the voting membership of the Commission.
(2) Commencing with the date the Compact becomes effective but before all seven states have ratified, the requirements as to votes necessary for Commission action shall be modified as follows:
(a) If only four or five states have ratified, the phrase nine or more shall be substituted for the phrase twelve or more in subsection (1) of this section D.
(b) If only six states have ratified, the phrase ten or more shall be substituted for the phrase twelve or more in subsection (1) of this section D.
κ1961 Statutes of Nevada, Page 240 (CHAPTER 161, AB 370)κ
E. The Commission shall meet to establish its formal organization within ninety (90) days of the effective date of this Compact, such meeting to be at the call of the chairman or by a majority of the commissioners then appointed or designated. The Commission shall then adopt its initial set of by-laws providing for, among other things: the adoption of a seal, the management of its internal affairs and the authority and duties of its officers. The commission shall also then elect from among its members a vice-chairman and treasurer to serve for the first full or part annual term, these offices to be filled thereafter from among Commission members by annual elections. The Commission shall appoint an executive director, who shall also act as secretary, to serve at the pleasure of the Commission and at such compensation and under such terms and conditions as it may fix. The executive director shall be the custodian of the records of the Commission with authority to affix the Commissions official seal and to attest to and certify such records or copies thereof.
F. The executive director, subject to the approval of the Commission in such cases as its by-laws may provide, shall, without regard to the provisions of the civil service laws of any member state or of the United States, appoint and remove or discharge such engineering, legal, expert, clerical and other personnel as may be necessary for the performance of the Commissions functions; may fix their compensation and define their duties; and require bonds of such of them as the Commission may designate.
G. The Commission may:
(1) Borrow, accept, or contract for the services of personnel from any government, agency thereof or any intergovernmental agency.
(2) Acquire by purchase or otherwise, hold and dispose of such real and personal property as may be necessary or convenient in the performance of its functions.
(3) Establish and maintain one or more offices for the transaction of its business.
H. The Commission and its executive director shall make available to the member states or the United States any information in its possession at any time and shall provide free access to its records during established office hours to duly authorized representatives of member states or the United States or to any interested person.
I. The Commission shall make and transmit annually to the legislative bodies and executive head of each government, a report covering the activities of the Commission for the preceding year and embodying such plans, recommendations and findings as may have been adopted by the Commission. The Commission may issue such additional reports as it may deem desirable.
J. All meetings of the Commission shall be open to the public.
ARTICLE IV-FINANCE
A. The compensation and expenses of each commissioner shall be fixed and paid by the government which he represents. All other expenses incurred by the Commission in the course of exercising the powers conferred upon it by this Compact shall be paid by the Commission out of its own funds.
κ1961 Statutes of Nevada, Page 241 (CHAPTER 161, AB 370)κ
expenses incurred by the Commission in the course of exercising the powers conferred upon it by this Compact shall be paid by the Commission out of its own funds.
B. The Commission shall submit to the executive head or designated officer of each member state for presentation to its legislature a budget of its estimated expenditures. This budget shall contain specific recommendations of the amount to be appropriated by each of the member states. The time of submission and the fiscal period of the Commissions budget shall conform as nearly as possible to the requirements of the laws of the member states.
C. The Commission shall, at the initial organizational meeting after this Compact becomes effective, or as soon thereafter as is practicable, establish the initial fiscal period and shall establish the budget of expenditures for this initial period. The budget for the initial period, if it be a full biennium, shall be not less than $65,000.00. If the initial fiscal period is only a portion of a biennium, the minimum budget therefor shall be the proportion of $65,000.00 derived by applying thereto the ratio that the initial period bears to a full biennium. The respective shares of the budget for the initial fiscal period shall be as follows:
Member State Percent of Budget
Idaho 23.5
Montana 23.5
Nevada 2.0
Oregon 23.5
Utah 2.0
Washington 23.5
Wyoming 2.0
If any of the states of Nevada, Utah or Wyoming fail to ratify during the initial period, the total budget for that period shall be reduced by the amount of the share of the state failing so to ratify, but the amounts to be paid by the other states shall remain unchanged.
D. Subsequent budgets shall be recommended by the Commission and the amounts shall be allocated among the member states. The shares of Idaho, Montana, Oregon and Washington shall be equal and in no event shall the share of Wyoming exceed three per cent (3%), the share of Nevada exceed two per cent (2%) and the share of Utah exceed one per cent (1%) of the total budget for any fiscal period.
E. The Commission shall not pledge the credit of any government except by and with the authority of the legislative body thereof given pursuant to and in keeping with the Constitution of said government. The Commission shall not incur any obligations prior to the availability of funds adequate to meet the same.
F. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be open for examination or audit by any member state but the Commission shall not be required to adopt the auditing or accounting procedures of any particular state. All receipts and disbursements of funds handled by the Commission shall be audited yearly by an independent certified public accountant and the report of the audit shall be included in and become a part of the annual report of the Commission.
κ1961 Statutes of Nevada, Page 242 (CHAPTER 161, AB 370)κ
independent certified public accountant and the report of the audit shall be included in and become a part of the annual report of the Commission.
G. The accounts of the Commission shall be open for public inspection during established office hours.
ARTICLE V-GENERAL POWERS
The Commission shall have power when authorized by such majority vote as provided by Article III hereof:
A. To collect, correlate and report on data relating to present and potential uses of water and other related resources of the Columbia River Basin and relating to available sources of water for use in the Columbia River Basin; conduct investigations and surveys to determine the extent of those resources and the nature of the problems involved in their present and future development and management; and recommend plans and programs for their development.
B. To undertake itself, or in cooperation with governments or agencies thereof or other entities, with respect to the Columbia River Basin the review of all plans for the construction of works authorized or reauthorized to be undertaken after the effective date of this Compact for flood control, navigation, power development, irrigation, or other water use or management which involve facilities having capacity for the diversion or use of flows of more than 200 cubic feet per second or the capacity to store at any time more than 25,000 acre-feet of water and which are proposed to be undertaken pursuant to laws of the United States, whether under permission granted by the United States, by means of financing in whole or in part by the United States, or otherwise.
C. To appear and make recommendations before appropriate governmental or intergovernmental agencies or other entities in public hearings or otherwise, in connection with any plans, projects or programs.
D. To collect, correlate and publish water facts necessary for the purpose of this Compact directly or in cooperation with any governmental or intergovernmental agencies or other entities.
E. To cooperate with the International Joint Commission-United States and Canada, the appropriate agencies of Canada and the Province of British Columbia, as well as with agencies of the member states and the United States and with other entities, in studies, plans and recommendations with respect to any project which may have a substantial effect on the uses of waters of the Columbia River and its tributaries that are of international concern.
ARTICLE VI-
STORAGE IN UPSTREAM STATES AND ALLOCATION OF POWER
A. It is to the best interests of the region that power projects be constructed in sufficient number and with sufficient speed and capacity to meet the energy requirements of the region as those requirements arise so that there will always be a pool of available energy for the development of the region.
κ1961 Statutes of Nevada, Page 243 (CHAPTER 161, AB 370)κ
arise so that there will always be a pool of available energy for the development of the region.
B. Maximum utilization of storage is important to the full development of the region and to control floods. Downstream states desire assistance from upstream states in achieving this control of the Columbia River System. Before giving such assistance, the upstream states wish to be assured of a reasonable reservation of power, without regard to their existing power needs, in order to meet future requirements.
C. So far as the states are concerned, by ratification of this Compact:
(1) It is the declared purpose and intent of the member states that there shall be a fair and equitable allocation of the hydroelectric power developed in the Columbia River Basin.
(2) The member states recognize that full development and utilization of the waters of the Columbia River Basin requires storage reservoirs in the upstream states and the member states concur in and will use their best efforts to achieve a plan for storage which would control maximum flows of the river to no more than 600,000 cubic feet per second measured at The Dalles gauging station during a runoff period no greater than that experienced in 1894.
(3) The member states recognize that on federally developed storage projects located wholly or partly in upstream states a reservation shall be made of the equivalent of a major part of the at site power and energy for use in meeting future needs of such state or states without regard to their existing energy requirements. At site power and energy means an annual amount of power and energy, equal to the quantity of system firm (prime) power and energy which such project would be capable of producing at site as an addition (determined as of the date of the recommendation) to the system firm (prime) power and energy, when operated to produce maximum coordinated benefits to the system, assuming full release of all storage water during the systems drawdown period with stream flows in the Columbia River Basin as at the historical minimums.
ARTICLE VII-
APPORTIONMENT OF WATER AND RELATED MATTERS
A. So far as the states are concerned, all waters of the Columbia River System shall be available for appropriation for beneficial purposes under and to the extent permitted by the laws of the states involved, but, except for the provisions in this subdivision A relating to certain relationships between consumptive and nonconsumptive uses, no apportionment of waters or determination of rights to the use thereof is made by this Compact.
So far as the states are concerned, rights to beneficial consumptive uses of water within the upstream area, whether established heretofore or hereafter under the laws of the states involved, shall be recognized up to the average annual depletions shown in Plate 7 of the Report of the North Pacific Division, U.
κ1961 Statutes of Nevada, Page 244 (CHAPTER 161, AB 370)κ
Report of the North Pacific Division, U. S. Army Engineers dated 1, June, 1958, as against, and shall not be limited by, any rights, existing or future, to the quantity of such waters for nonconsumptive uses.
In the case of a stream situated wholly within a downstream state and tributary to the Snake River or to the Columbia River, however, the relationships as between nonconsumptive use rights appurtenant to a development located thereon and consumptive use rights as to the waters of such a tributary upstream from that development shall be governed by the laws of that state without regard to the foregoing limitations of this subdivision.
B. No waters of the Columbia River System shall be diverted out of the Columbia River Basin for use for any purpose except with the approval of all of the member states, but this provision shall not affect rights so to divert which are existing on the effective date of this Compact.
C. The member states hereby designate, appoint and empower their commissioners to draft, negotiate and propose any and all compacts apportioning waters of any tributary stream forming part of the Columbia River System among or between the states through which said tributary stream flows, or amendments to this Compact. Any such supplementary compacts or amendments to this Compact negotiated as herein provided shall become effective upon approval by the Commission, ratification by the legislatures of the member states party thereto, and consent thereto by the Congress.
D. All interstate compacts affecting the waters of the Columbia River System which are in effect as of the date this Compact becomes operative shall remain unaffected hereby.
E. In the event this Compact is terminated, any right to the beneficial consumptive use of water which, prior to the date of termination, is required to be recognized under the provisions of this Compact shall continue to be recognized after such termination to the extent herein provided. Unless otherwise expressly provided in a supplemental compact, made pursuant to the provisions of subdivision C of this article, no such right required to be recognized as of the effective date of such supplement shall be impaired by such supplemental compact.
ARTICLE VIII-POLLUTION CONTROL
A. The states and the United States recognize that the rapid increase of the population of the Columbia River Basin and the growth of industrial, mining, and related activities within that area can lead to such pollution of the waters of the Columbia River System as might constitute a menace to the health and welfare of the people. The states and the United States further recognize that maintenance and improvement of the quality of the waters of the Columbia River System require cooperative action and that pollution abatement and control are essential to the proper realization of the objectives of this Compact and to the safe, profitable, and efficient multi-purpose use of the waters of said Columbia River System.
κ1961 Statutes of Nevada, Page 245 (CHAPTER 161, AB 370)κ
B. In addition to the powers enumerated in Article V, it shall be the duty of the Commission and the Commission shall have power:
(1) To engage in such investigations, analyses or other appropriate means as are deemed necessary to obtain, coordinate, tabulate and summarize technical and other data on the pollution of the waters of the Columbia River System or any portion thereof and on the character and condition of such waters and the needs of the Columbia River Basin for improved water quality; and to prepare reports thereon at such times as may be deemed advisable by the Commission.
(2) To cooperate with governments or agencies thereof or other entities for the purpose of promoting uniform laws, rules or regulations for the abatement and control of pollution of the waters of the Columbia River System or any portion thereof, and to make, revise and recommend to the governments water quality objectives necessary to protect the public health, public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural, industrial and other uses.
(3) To disseminate to the public, by any and all appropriate means, information respecting pollution abatement and control in the waters of the Columbia River System or any portion thereof and on the harmful and uneconomic results of such pollution.
C. Each state shall have the primary obligation and responsibility to take appropriate action under its own laws to abate and control interstate pollution, which is defined as the deterioration of the quality of the waters of the Columbia River Basin within the boundaries of such state which materially and adversely affects beneficial uses of waters of the Columbia River Basin in other states. Upon complaint to the Commission by the state water pollution control agency of one state that interstate pollution originating in another state or states is not being prevented or abated, the procedure shall be as follows:
(1) The Commission shall call a hearing, giving not less than 30 days notice in writing thereof to the water pollution control agencies of the states involved and to each person or entity which the Commission finds is charged with causing such interstate pollution.
(2) Such hearing shall be held in accordance with rules and regulations prescribed by the Commission.
(3) At the conclusion of such hearing, the Commission shall make a finding as to whether interstate pollution exists, and if so, shall recommend to the appropriate agency that action be taken under State or Federal law to abate or correct such interstate pollution.
D. The water pollution control agencies of the member states shall from time to time, make available to the Commission all data relating to the quality of the waters of the Columbia River Basin which they possess as the result of studies, surveys and investigations thereof which they may have made.
κ1961 Statutes of Nevada, Page 246 (CHAPTER 161, AB 370)κ
to the quality of the waters of the Columbia River Basin which they possess as the result of studies, surveys and investigations thereof which they may have made.
ARTICLE IX-FISH AND WILDLIFE AND RECREATION
A. In the exercise of the powers and functions conferred on the Commission, it shall be the policy of the Commission to prepare and review plans for development and application of measures for preventing damage to and enhancing the fish and wildlife and recreational resources of the Columbia River Basin and to cooperate with all agencies charged with the responsibility for protecting and fostering these resources.
B. In the furtherance of this policy the Commission shall:
(1) Submit pertinent information to, and receive recommendations from official agencies of the governments having jurisdiction or otherwise affected, with respect to projects and programs in which the Commission may be concerned.
(2) Taking into consideration recommendations of governmental agencies responsible for fish and wildlife administration, recommend appropriate steps to assure that, in all projects which are within the purview of the Commission, effective fish and wildlife protective facilities or compensatory measures as required by the laws of the member states, shall be incorporated into water use developments; that the costs thereof including operation and maintenance be included as a part of the cost of said projects; and that the responsibility for the provision of such effective fish and wildlife protective facilities or compensatory measures as are recommended as a part of the project plan shall continue beyond completion of construction of the individual projects. The fish and wildlife facilities and compensatory measures referred to in this article may include physical installations located elsewhere than at the actual site of the project.
(3) In connection with projects coming within the purview of the Commission, giving proper recognition to recreational and fish and wildlife values by recommending such steps as may be necessary and practicable-to protect or develop recreational resources; to assure the maintenance of necessary minimum stream flows, reliable and adequate pool levels, and allocation of water for fish and wildlife protective or compensatory facilities, and for the regulation of such stream flows and pool levels so as to conform to sound fish and wildlife management practices.
ARTICLE X-RULES AND REGULATIONS
The Commission shall have the power to adopt and issue by-laws, rules and regulations to effectuate the purposes of this Compact, as in its judgment may be appropriate. The Commission shall publish its by-laws, rules and regulations in convenient form, but shall not be subject to the procedural requirements of any particular state.
κ1961 Statutes of Nevada, Page 247 (CHAPTER 161, AB 370)κ
ARTICLE XI-EXISTING RIGHTS RECOGNIZED
Nothing in this Compact shall be deemed:
(1) To impair or affect any rights, powers or jurisdiction of the United States, or those acting by or under its authority, in, over and to the waters of the Columbia River Basin, except as otherwise provided by the Federal legislation required for the implementation of this Compact.
(2) To affect the obligation of the United States to the Indians and Indian tribes, or any right owned or held by or for Indians or Indian tribes which is subject to the jurisdiction of the United States.
(3) To impair or affect the capacity of the United States, or those acting by or under its authority, to acquire in accordance with the laws of the state involved rights in and to use of waters of the Columbia River Basin.
(4) To subject any property of the United States, its agencies or instrumentalities, to taxation by any member state or subdivision thereof.
(5) To subject any property of the United States, its agencies or instrumentalities, to the laws of any member state to any extent other than the extent those laws would apply without regard to this Compact, except as otherwise provided by the Federal legislation required for the implementation of this Compact.
(6) To affect the applicability of the laws of any member state with respect to water rights properly claimed thereunder, except to the extent that the applicability in a given case would be inconsistent with the provisions of this Compact.
(7) To affect adversely the areas of Mount Rainier, Glacier, Yellowstone, or Grand Teton National Parks or Craters of the Moon, Fort Vancouver or Whitman National Monuments or to limit the operation of laws relating to the preservation thereof.
ARTICLE XII-TERMINATION
This compact shall remain in full force and effect unless and until terminated by action of the legislatures of the states of Idaho, Montana, Oregon and Washington which action is consented to and approved by the Congress of the United States; provided, that in the event of any termination all rights theretofore established hereunder or recognized hereby shall continue to be recognized as valid notwithstanding such termination.
ARTICLE XIII-SEVERABILITY
The provisions of this Compact shall be severable. If any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any government or the applicability thereof to any government or agency thereof or other entity or to any circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government or agency thereof or other entity or to any other circumstance shall not be affected thereby, unless it is authoritatively and finally determined judicially that the remaining provisions cannot operate for the purposes, or substantially in the manner, intended by the member states independently of the portions declared to be unconstitutional or invalid.
κ1961 Statutes of Nevada, Page 248 (CHAPTER 161, AB 370)κ
thereof or other entity or to any other circumstance shall not be affected thereby, unless it is authoritatively and finally determined judicially that the remaining provisions cannot operate for the purposes, or substantially in the manner, intended by the member states independently of the portions declared to be unconstitutional or invalid.
ARTICLE XIV-RATIFICATION AND EFFECTIVE DATE
A. This Compact shall become effective and binding when it has been ratified by the legislatures of the states of Idaho, Montana, Oregon and Washington, and when consented to by an Act of the Congress of the United States, which will, in substance, provide that the United States, or any agency thereof, or any non-federal entity acting under any future license or other authority granted under the laws of the United States, in connection with water control or use projects located wholly or partly in a downstream state shall be governed by the following limitation:
Rights to beneficial consumptive uses within the upstream area, whether established heretofore or hereafter under applicable laws, shall be recognized as against any rights, existing or future, to such waters for nonconsumptive uses by projects located wholly or partly within a downstream state, to the extent that average annual depletions resulting from such upstream consumptive uses above any property or authorized structure of the United States, located wholly or partly in a downstream state, were assumed in Plate 10 of Report of the Division Engineer Volume I of House Document No. 531, 81st Congress, 2nd Session, and to the extent any additional depletions subsequently are recognized by the Congress as the basis of operation of existing projects, or as the basis for authorization of additional or revised projects.
B. If this Compact becomes effective in accordance with the above provision, it shall also become effective and binding as to any of the states of Nevada, Utah or Wyoming if ratified by the legislature of any such state.
Sec. 3. The governor shall give notice of the ratification of the Columbia Interstate Compact by the Nevada legislature to the governors of the states of Idaho, Montana, Oregon, Utah, Washington and Wyoming and to the President of the United States.
Sec. 4. 1. Within 30 days after the compact becomes effective, the governor shall, in compliance with Article III of the compact, appoint one commissioner for the state at large to represent the State of Nevada on the Columbia Compact Commission established under Article III of the compact.
2. Such commissioner shall serve at the pleasure of the governor, and the governor shall fill any vacancy in such office.
Sec. 5. 1. The commissioner appointed pursuant to section 4 of this act, if not in the regular employ of the state, shall receive compensation of $25 a day for time actually spent on the work of the Columbia Compact Commission, and subsistence allowances and travel expenses as provided by law.
κ1961 Statutes of Nevada, Page 249 (CHAPTER 161, AB 370)κ
act, if not in the regular employ of the state, shall receive compensation of $25 a day for time actually spent on the work of the Columbia Compact Commission, and subsistence allowances and travel expenses as provided by law.
2. If such commissioner is in the regular employ of the state, he shall receive no compensation, but shall receive subsistence allowances and travel expenses as provided by law.
3. Claims for payment of all expenses incurred by the commissioner shall be made by the office of the state engineer on vouchers approved by the state engineer and the state board of examiners and paid as other claims against the state are paid.
Sec. 6. 1. All officers of this state shall do all things falling within their jurisdictions necessary or incidental to carrying out the provisions of the compact.
2. All officers, departments and persons of and in the government and administration of this state shall, upon the request of the Columbia Compact Commission, furnish the commission with information and data possessed by them and aid the commission by any means within their legal powers.
Sec. 7. This act shall become effective upon passage and approval.
________
Senate Bill No. 134Senator Gallagher
CHAPTER 162
AN ACT to amend NRS section 244.263, relating to county hospital construction funds, by permitting such funds to be composed, in part, of all or a part of moneys accumulated by counties in county surplus building and maintenance reserve funds.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.263 is hereby amended to read as follows:
244.263 1. Notwithstanding the provisions of NRS 244.260 and 450.250, with the approval of the state board of finance, the board of county commissioners of any county may, by an order of such board, create in the county treasury a fund to be designated as the county hospital construction fund.
2. Moneys in the county hospital construction fund shall be used only for county participation in the construction of a hospital pursuant to the provisions of the Nevada Hospital Survey and Construction Act, being NRS 449.250 to 449.430, inclusive. As used in this subsection, construction and hospital have the same meanings ascribed to them in subsections 1 and 3 of NRS 449.260.
3. The county hospital construction fund may be composed of:
κ1961 Statutes of Nevada, Page 250 (CHAPTER 162, SB 134)κ
(a) All or a part of the moneys paid to the county under the provisions of paragraph (b) of subsection 2 of NRS 463.320.
(b) All or a part of the moneys accumulated by the county pursuant to the provisions of NRS 244.260.
(c) The proceeds of any annual special tax levied by the board of county commissioners for such fund.
4. Moneys deposited in a county hospital construction fund shall not revert to the county general fund at the end of any fiscal year, but no county hospital construction fund shall exist for a period longer than 10 years from the date of the order of its creation. Any moneys remaining in the county hospital construction fund at the end of the 10-year period shall revert to the county general fund.
5. Any moneys in the county hospital construction fund may, from time to time, be invested only in short-term United States Government bonds.
________
Senate Bill No. 48Senator Echeverria
CHAPTER 163
AN ACT to amend NRS section 609.120, relating to meal and rest periods of female employees, by changing certain exceptions pertaining to females engaged in the communications industry.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 609.120 is hereby amended to read as follows:
609.120 1. No employer shall employ a female for a period of more than 8 hours of continuous labor unless such period is broken by a meal period of at least one-half hour, after the end of the third hour and before the end of the sixth hour of work. For the purpose of this section, no period of less than 30 minutes shall be deemed to interrupt a continuous period of work.
2. Two 10-minute rest periods shall be allowed an employee, the first rest period within the first 4 hours of work and the second rest period within the last 4 hours of work.
3. The provisions of this section shall not be construed to apply to [females engaged in the communications industry.] any female engaged in the communications industry who is the only employee at the place of her employment, and whose absence would leave the communications equipment at such place of employment unattended.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 251κ
Senate Bill No. 136Committee on Legislative Functions
CHAPTER 164
AN ACT to amend NRS section 218.670, relating to legislative commission meetings, by allowing alternates to replace regular members of such commission at such meetings when regular members are unable to attend; and by providing other matters properly relating thereto.
[Approved March 24, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.670 is hereby amended to read as follows:
218.670 1. The members of the legislative commission shall meet at such times and at such places as shall be specified by a call of the chairman or a majority of the commission. The legislative counsel shall act as the nonvoting recording secretary. The commission shall prescribe rules and regulations for its own management and government. Five members of the commission shall constitute a quorum, and a quorum may exercise all the power and authority conferred on the commission.
2. If any regular member of the legislative commission is unable to attend a scheduled meeting of the commission, and notifies the secretary of the commission, the secretary shall notify the proper alternate member. Such alternate member may then replace the regular member at that meeting only with all the duties, rights and privileges of the replaced member, and shall receive travel and per diem allowance in accordance with law.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 199Committee on Agriculture and Irrigation
CHAPTER 165
AN ACT to amend NRS section 552.130, relating to the annual tax on stands of bees, by providing that such tax shall not be imposed on stands of bees imported for pollination purposes.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 552.130 is hereby amended to read as follows:
552.130 1. The department shall fix the annual tax not exceeding 25 cents on each stand of bees as provided in subsection 2, and send notice of the same to the board of county commissioners of each county previous to the annual levy of taxes by the board of county commissioners.
2. When notified by the department, the board of county commissioners shall, at the time of the annual levy of taxes, levy the tax recommended by the department under the provisions of subsection 1, not to exceed 25 cents on each stand of bees assessed in its county.
κ1961 Statutes of Nevada, Page 252 (CHAPTER 165, AB 199)κ
recommended by the department under the provisions of subsection 1, not to exceed 25 cents on each stand of bees assessed in its county.
3. This section does not apply to stands of bees imported into this state for pollination purposes pursuant to the provisions of NRS 552.210.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 97Committee on Agriculture and Irrigation
CHAPTER 166
AN ACT appropriating money to the state department of conservation and natural resources for underground water studies by the Desert Research Institute of the University of Nevada.
[Approved March 27, 1961]
Whereas, The arid west is dependent upon underground waters for much of its future development; and
Whereas, Nevada is the most arid of the states with an average annual precipitation of about 9 inches; and
Whereas, A great deal of basic research is needed to determine more about the behavior of underground water as it occurs in nature, such as the use of radioactive dyes for tracing water, the use of tritium in estimating the age of water as an aid in determining storage, the determination of the effectiveness of geophysical surveys on alluvial fans in an arid area, and many other similar studies, all of which will develop techniques which will be helpful in developing our underground water resources; and
Whereas, The Desert Research Institute of the University of Nevada is the proper agency to carry out such basic research and will have the scientific personnel to do so, and the state department of conservation and natural resources is the agency delegated to coordinate all such studies; 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 $25,000 for the purpose of carrying on basic research programs in the behavior of underground waters in their natural state.
Sec. 2. The director of the state department of conservation and natural resources shall make such funds available to the Desert Research Institute for such research studies as are mutually agreed upon.
Sec. 3. The Desert Research Institute and the state department of conservation and natural resources shall submit a written report to the next regular session of the legislature covering all phases of the research work under this program.
κ1961 Statutes of Nevada, Page 253 (CHAPTER 166, SB 97)κ
the next regular session of the legislature covering all phases of the research work under this program.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 120Senators Gallagher, Brown and Whitacre
CHAPTER 167
AN ACT to amend NRS section 218.630, relating to functions of the legislative counsel bureau, by providing that the legislative counsel bureau shall carry forward the participation of the State of Nevada as a member of the National Conference of State Legislative Leaders; by providing for payment of dues; by declaring the National Conference of State Legislative Leaders a joint governmental agency of this state and other states; and by providing other matters properly relating thereto.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.630 is hereby amended to read as follows:
218.630 It shall be a function of the legislative counsel bureau to:
1. Carry forward the participation of the State of Nevada as a member of the Council of State Governments [.] and of the National Conference of State Legislative Leaders, and to pay annual dues to such organizations out of the fund of the legislative counsel bureau. The legislative commission is [designed] designated as Nevadas commission on interstate cooperation.
2. Encourage and assist the government of this state to develop and maintain friendly contact by correspondence, by conference, and otherwise, with the other states, with the Federal Government, and with local units of government.
3. Establish such delegations and committees as official agencies of the legislative counsel bureau as may be deemed advisable to confer with similar delegations and committees from other states concerning problems of mutual interest. The membership of such delegations and committees shall be designated by the members of the legislative commission and may consist of legislators and employees of the state other than members of the commission. Members of such delegations and committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowance and travel expenses as provided by law.
4. Endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for interstate compacts and reciprocal or uniform legislation, and by facilitating the adoption of uniform or reciprocal administrative rules and regulations, informal cooperation of governmental offices, personal cooperation among governmental officials and employees, interchange and clearance of research and information, and any other suitable process.
κ1961 Statutes of Nevada, Page 254 (CHAPTER 167, SB 120)κ
employees, interchange and clearance of research and information, and any other suitable process. In order to facilitate such cooperation the Council of State Governments [is] and the National Conference of State Legislative Leaders are hereby declared to be [a] joint governmental [agency] agencies of this state and of the other states which cooperate through [it.] them.
5. Establish such interim or special committees as official agencies of the legislative counsel bureau as may be deemed advisable to deal with governmental problems, important issues of public policy and questions of statewide interest. The membership of such interim or special committees shall be designated by the members of the legislative commission and may consist of legislators other than members of the commission, employees of the State of Nevada or citizens of the State of Nevada. Members of such interim or special committees shall serve without salary, but they shall receive out of the fund of the legislative counsel bureau the per diem expense allowances and travel expenses as provided by law.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 175Committee on Public Health
CHAPTER 168
AN ACT to amend chapter 451 of NRS, relating to dead bodies, by adding new sections defining terms; authorizing local health officers to issue permits for removal of human remains; prohibiting removal of human remains without such a permit; and providing penalties; to amend chapter 440 of NRS, relating to vital statistics, by adding a new section defining human remains; to amend NRS sections 440.500 and 440.510, relating to burial and removal permits, by requiring such permits to state the place where the human remains will be interred, inurned or buried; and providing other matters properly relating thereto.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 451 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 this chapter human remains or remains means the body of a deceased person, and includes the body in any stage of decomposition and the cremated remains of a body.
Sec. 3. 1. Except as provided in NRS 451.050, the local health officer may issue a permit for the disinterment or removal of human remains. Such permit shall indicate the name of the cemetery, mausoleum, columbarium or other place of burial where such remains will be interred, inurned or buried.
κ1961 Statutes of Nevada, Page 255 (CHAPTER 168, SB 175)κ
2. A person in charge of a cemetery, mausoleum, columbarium or other place of burial shall not disinter or remove or permit disinterment or removal of such remains unless he has received a copy of such permit.
3. A person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 4. Chapter 440 of NRS is hereby amended by adding thereto a new section which shall read as follows:
As used in this chapter human remains or remains means the body of a deceased person, and includes the body in any state of decomposition and the cremated remains of a body.
Sec. 5. NRS 440.500 is hereby amended to read as follows:
440.500 1. Except as provided in subsection 2, if a certificate of death is properly executed and complete, the local health officer shall then issue a burial or removal permit to the undertaker. Such permit shall indicate the name of the cemetery, mausoleum, columbarium or other place of burial where the human remains will be interred, inurned or buried.
2. In case the death occurred from some disease that is held by the state board of health to be infectious, contagious, or communicable and dangerous to the public health, no permit for the removal or other disposition of the body shall be granted by the local health officer except under such conditions as may be prescribed by the state board of health.
Sec. 6. NRS 440.510 is hereby amended to read as follows:
440.510 If the interment or other disposition of the body is to be made within the state, the wording of the burial permit may be limited to a statement by the local health officer and over his signature that a satisfactory certificate of death having been filed with him as required by law permission is granted to inter, remove or otherwise dispose of the body of the deceased. The permit shall state the name, age, sex, cause of death, name of the place where the human remains will be interred, inurned or buried, and other necessary details on the form prescribed by the state board of health.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 256κ
Senate Bill No. 221Senator Parks
CHAPTER 169
AN ACT authorizing the issuance of revenue bonds by Mineral County, Nevada, such bonds to be issued after an election and secured by a pledge of the revenues of the Mineral County power system; defining certain words and terms; providing for elections and election procedures; providing for the interest rates and bond details, the payment of bonds, the sale of the bonds and the application of proceeds; specifying the countys liability on such bonds; providing for covenants in bond proceedings, remedies of bondholders and cancellation of paid bonds; limiting bond interest after maturity, specifying cumulative rights and providing for the payment of preliminary expenses; providing that such bonds are legal investments; and providing other matters properly relating thereto.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be known as the Mineral County Power System Revenue Bond Law.
Sec. 2. Except where the context otherwise requires, the definitions contained in sections 3 to 17, inclusive, govern the construction of this act.
Sec. 3. Acquisition or acquire means the purchase, construction, installation, reconstruction, lease, gift, grant from the Federal Government, any public body or person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of facilities, other property, any project, or an interest therein.
Sec. 4. Board of managers or board means the board of managers of the system, also being the board of county commissioners of Mineral County, Nevada.
Sec. 5. County means Mineral County, Nevada.
Sec. 6. Elector or qualified elector means any registered elector of the county, pursuant to the election laws of the state, as from time to time amended.
Sec. 7. Federal Government means the United States of America, or any agency, instrumentality or corporation thereof.
Sec. 8. Fees means reasonable rates, tolls and charges for services, commodities or facilities furnished by or appertaining to the system. Until paid, all fees shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the State of Nevada for the foreclosure of mechanics liens. Before any such lien is foreclosed the board shall hold a hearing thereon after notice thereof by publication and by mail.
Sec. 9. Improvement or improve means the extension, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any project, or an interest therein.
Sec. 10. Mailed notice or notice by mail means the giving by the county clerk or any deputy thereof, as determined by the board, of any designated written or printed notice addressed to a person at his last-known address by deposit, at least 10 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid, as first class mail.
κ1961 Statutes of Nevada, Page 257 (CHAPTER 169, SB 221)κ
the county clerk or any deputy thereof, as determined by the board, of any designated written or printed notice addressed to a person at his last-known address by deposit, at least 10 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid, as first class mail.
Sec. 11. Person means any human being, association, partnership, firm or corporation, excluding a public body and the Federal Government.
Sec. 12. Project means any structure, facility or undertaking which the system is authorized to acquire, improve, maintain or operate. A project may consist of all kinds of personal and real property.
Sec. 13. Property means real property and personal property.
Sec. 14. Publication or publish means publication in at least one newspaper published at least once a week and of general circulation in the county. Except as herein otherwise specifically provided or necessarily implied, publication or publish also means publication for at least once a week for 3 consecutive weeks by three weekly insertions, the first publication being at least 15 days prior to the designated time or event, unless otherwise so stated. It shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days shall intervene between the first publication and the last publication, and publication shall be complete on the day of the last publication. Any publication herein required shall be verified by the affidavit of the publisher and filed with the county clerk.
Sec. 15. Real property means:
1. Land.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.
Sec. 16. Real property elector means an elector who is the owner of or the spouse of the owner of real property assessed on the assessment roll of the county.
Sec. 17. System means the Mineral County power system created by and existing and operating under the provisions of chapter 45, Statutes of Nevada 1921, and all acts amendatory thereof or supplemental thereto.
Sec. 18. For the purpose of computing any period of time prescribed herein, including but not limited to publications, the day of the first publication, other act or designated time shall be excluded, and the day of the last publication, other act or designated time shall be included.
Sec. 19. Whenever such construction is applicable, words used herein importing singular or plural number may be construed so that one number includes both; and words importing masculine gender shall be construed to apply to the feminine gender as well; but these rules of construction shall not apply to any part hereof containing express provisions excluding such construction or where the subject matter or context is repugnant thereto.
κ1961 Statutes of Nevada, Page 258 (CHAPTER 169, SB 221)κ
one number includes both; and words importing masculine gender shall be construed to apply to the feminine gender as well; but these rules of construction shall not apply to any part hereof containing express provisions excluding such construction or where the subject matter or context is repugnant thereto.
Sec. 20. Any election authorized herein shall be held, conducted and governed as nearly as practicable according to the election laws of the state, as from time to time amended, except as otherwise provided in this act, including but not limited to the following:
1. Any election herein authorized held at the same time as and consolidated with any primary, general or countywide election shall be ordered by ordinance duly adopted by the board and effective at least 4 weeks prior to the date of the election. No notice of registration other than that required by the election laws, as amended, need be given. Any other special election herein authorized shall be ordered by such an ordinance effective at least 7 weeks prior to the date of the election. Notice of registration of electors shall state when electors may register for the election and shall be published once a week for 2 consecutive weeks commencing at least 45 days prior to the date of the election.
2. Notice of the election shall be published, commencing at least 21 days prior to the election, and the form of the notice shall be prescribed by the board.
3. The returns of any election shall be canvassed and the results thereof declared within 5 days following the date of the election by the board at a regular or special meeting.
4. The county clerk and other officers of the county who are charged with the duty of providing for and conducting any election on a question which is required to be approved by a majority of the qualified real property electors and in addition by a majority of the other qualified electors shall provide one ballot box for the purpose of such election at each polling place. Such officers shall also provide for the use of the voters entitled to vote at the election two sets of ballots, one of which shall be printed on white paper and the other on colored paper, and both of which shall contain the same statement of the proposal or proposals to be voted upon and the same instructions and marking respecting the manner of marking the ballot. Any question upon the issuance of bonds shall be approved by a majority of the electors voting thereon who are the owners of or the spouses of the owners of real property assessed on the assessment roll of the county (real property electors), and by a majority of the electors voting thereon who are not the owners of or the spouses of the owners of real property so assessed (not real property electors), pursuant to NRS 350.010 to 350.070, inclusive.
Sec. 21. 1. The county in pursuance of an ordinance may borrow money, issue bonds, or otherwise extend its credit for the purpose of acquiring a project or improving the system, provided that the bonds or other obligations shall be made solely out of the net revenues derived from the operation of the system or project.
κ1961 Statutes of Nevada, Page 259 (CHAPTER 169, SB 221)κ
2. No revenue bonds shall be issued unless the issuance thereof has been submitted to a vote of the electors and approved by a majority of the qualified electors voting on the question who are real property electors and by a majority of the qualified electors voting thereon who are not real property electors, in the manner provided by NRS 350.010 to 350.070, inclusive, as from time to time amended.
Sec. 22. 1. Whenever the board determines, by ordinance, that the interest of the county and the system and the public interest or necessity demand the acquisition or improvement of any project or other improvements or facilities, or the making of any contract with the Federal Government, any public body or other person, to carry out the objects and purposes of the system, requiring the issuance of revenue bonds or the creation of any indebtedness of $5,000 or more, the board shall order the submission of the proposition of issuing such bonds or creating other indebtedness to the qualified electors of the county at an election held for that purpose.
2. Any such election may be held separately, or may be consolidated or held concurrently with any primary, general or other countywide election.
3. The declaration of public interest or necessity required by this section and the provision for the holding of such election may be included within one and the same ordinance, which ordinance, in addition to such declaration of public interest or necessity, shall:
(a) Recite the objects and purposes for which the bonds or indebtedness is proposed to be incurred, the estimated cost of the project or improvements, as the case may be, the amount of principal of the bonds or indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such bonds or indebtedness.
(b) Fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness.
(c) Fix the compensation to be paid the officers of the election and shall designate the polling place or places and shall appoint officers of such election.
4. If it appears from the returns that a majority of the qualified electors of the county who have voted on any proposition submitted under the provisions of section 21 and this section at such election, and who are real property electors, and a majority of such electors who are not real property electors, voted in favor of such proposition, the county shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract or issue and sell such bonds of the county, as the case may be, all for the purpose or purposes and object or objects provided for in the proposition submitted and in the ordinance therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such ordinance.
5. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.
κ1961 Statutes of Nevada, Page 260 (CHAPTER 169, SB 221)κ
Sec. 23. 1. The principal of and interest on revenue bonds herein authorized to be issued, and any prior redemption premium or premiums, shall be payable solely from the net revenues derived from the operation of the system or other project for the acquisition or improvement of which the bonds are issued, including without limiting the generality of the foregoing, revenues of improvements theretofore or thereafter acquired to such system or other project which are not acquired by the expenditure of such bond proceeds.
2. The board, in connection with such additionally secured revenue bonds, in the ordinance authorizing their issuance may pledge all or a portion of such revenues (subject to any prior pledge) as additional security for such payment of the bonds, and at its option may deposit such revenues in a fund created to pay the bonds or created to secure additionally their payment.
3. Any such revenues pledged directly or as additional security for the payment of bonds of any one issue or series, which revenues are not exclusively pledged therefor, may subsequently be pledged directly or as additional security for the payment of the bonds of one or more issues or series subsequently authorized.
4. All bonds of the same issue or series shall, subject to the prior and superior rights of outstanding bonds, claims and other obligations, have a prior, paramount and superior lien on the revenues pledged for the payment of the bonds over and ahead of any other claims or obligations thereagainst subsequently incurred; but the ordinance authorizing the issuance of any bonds may provide for the subsequent authorization of bonds or other obligations the lien for the payment of which on such revenues is on a parity with the lien thereon of the bonds therein authorized upon such conditions and subject to such limitations as the ordinance may provide.
5. All bonds of the same issue or series shall be equally and ratably secured without priority by reason of number, date of maturity, date of bonds, of sale, of execution, or of delivery, by a lien on such revenues in accordance with the provisions of this act and the ordinance authorizing the bonds, except to the extent such ordinance shall otherwise specifically provide.
Sec. 24. 1. Bonds issued pursuant to this act shall not be a debt of the county, and the county shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Revenue bonds shall not be payable out of any funds other than the revenues or other moneys pledged to the payment thereof.
2. Each such bond issued hereunder shall recite in substance that the bond and the interest thereon are payable solely from the revenues or other moneys pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the county, except for revenues and other moneys pledged for the payment of bonds. No property of the county, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
κ1961 Statutes of Nevada, Page 261 (CHAPTER 169, SB 221)κ
Sec. 25. Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Sec. 26. Revenue bonds shall not bear interest at a rate exceeding 6 percent per annum.
Sec. 27. 1. Any revenue bonds herein authorized to be issued shall bear such date or dates, shall mature in such denomination or denominations at such time or times but in no event exceeding 40 years from their date, shall bear interest evidenced by one or two sets of coupons, payable annually, or at such lesser interval or intervals as may be prescribed by ordinance, shall be payable in such medium of payment at such place or places within or without the state, including but not limited to the office of the county treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity at such time or times without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed.
2. Any ordinance authorizing the issuance of bonds may capitalize interest during any period of construction estimated by the board and 1 year thereafter, by providing for the payment of interest on the bonds from the proceeds thereof for such period or any part thereof.
3. Bonds may be issued with privileges for registration for payment as to principal or interest, or both, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
4. Pending preparations of the definite bonds, interim receipts or certificates, in such form and with such provisions as the board may determine, may be issued.
5. Except for payment provisions herein specifically provided, such bonds, any interest coupons thereto attached, and such interim receipts or certificates shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
6. Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder:
(a) Provide for the initial issuance of one or more bonds (in this subsection called bond) aggregating the amount of the entire issue.
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
κ1961 Statutes of Nevada, Page 262 (CHAPTER 169, SB 221)κ
The board may further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.
7. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:
(a) Proof of ownership;
(b) Proof of loss or destruction;
(c) A surety bond in twice the face amount of the bond and coupons; and
(d) Payment of the cost of preparing and issuing the new bond.
8. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.
9. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the county treasurer.
10. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
11. The county treasurer may cause the countys seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
12. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
13. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
14. The bonds may be repurchased by the county out of any funds available for such purpose at a price of not more than the principal amount thereof and accrued interest, plus the amount of the premium, if any, which might on the next redemption date of such bonds be paid to the holders thereof if such bonds should be called for redemption on such date pursuant to their terms, and all bonds so repurchased shall be canceled.
κ1961 Statutes of Nevada, Page 263 (CHAPTER 169, SB 221)κ
on such date pursuant to their terms, and all bonds so repurchased shall be canceled.
Sec. 28. 1. Any such revenue bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest, or at the boards option below par at a discount not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the county of more than 6 percent per annum computed to maturity according to standard tables of bond values.
2. No discount (except as hereinabove provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
3. The board may employ legal, fiscal, engineering and other expert services in connection with the acquisition or improvement of any project or facilities and the authorization, issuance and sale of bonds.
Sec. 29. 1. All moneys received from the issuance of any bonds herein authorized shall be used solely for the purpose (or purposes) for which issued, including, without limiting the generality of the foregoing, if so authorized, the payment of preliminary expenses.
2. Any unexpended balance of such bond proceeds remaining after the completion of the acquisition or improvement of the project or system for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of such bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
3. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
4. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.
Sec. 30. Any ordinance or trust indenture authorizing the issuance of bonds hereunder may contain covenants (notwithstanding such covenants may limit the exercise of powers conferred hereby) as to any one or more of the following:
1. The fees to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to joint billing for and the discontinuance of facilities, commodities or projects, the foreclosure of liens for delinquencies, and the collection of penalties.
2. The creation and maintenance of reserves or sinking funds and the regulation, use and disposition thereof.
3. A fair and reasonable payment by the county from its general fund or other available moneys to the account of a designated project for the facilities or commodities furnished or services rendered thereby to the county or any of its departments, boards or agencies.
4. The purpose or purposes to which the proceeds of the sale of bonds may be applied and the use and disposition thereof.
5. The issuance of other or additional bonds payable from or constituting a charge against or lien upon any revenues pledged for the payment of bonds and the creation of future liens and encumbrances thereagainst.
κ1961 Statutes of Nevada, Page 264 (CHAPTER 169, SB 221)κ
constituting a charge against or lien upon any revenues pledged for the payment of bonds and the creation of future liens and encumbrances thereagainst.
6. The operation and maintenance of any facilities or project.
7. The insurance to be carried thereon and use and disposition of insurance moneys.
8. Books of account and the inspection and audit thereof.
9. Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the county of any covenants, conditions or obligations.
10. The vesting in a trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any portion, percentage or amount of them may enforce any covenants made hereunder or duties imposed thereby.
11. The terms and conditions upon which the holders of the bonds or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of any project or service, operate and maintain the same, prescribe fees, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the county itself might do.
12. A procedure by which the terms of any ordinance authorizing bonds, or any other contract with any holders of bonds, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given.
13. The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
14. All such acts and things as may be necessary or convenient or desirable in order to secure the countys bonds, or in the discretion of the board tend to make the bonds more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give a county power to do all things in the issuance of bonds and for their security except as herein specifically limited.
Sec. 31. Subject to any contractual limitations binding upon the holders of any issue or series of bonds, or trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion, percentage or number of such holders, and subject to any prior or superior rights of others, any holder of bonds, or trustee therefor, shall have the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
1. By mandamus or other suit, action or proceeding at law or in equity to enforce his rights against the county and its board and any of its officers, agents and employees, and to require and compel the county or its board or any such officers, agents or employees to perform and carry out its and their duties, obligations or other commitments hereunder and its and their covenants and agreements with the bondholders.
κ1961 Statutes of Nevada, Page 265 (CHAPTER 169, SB 221)κ
county or its board or any such officers, agents or employees to perform and carry out its and their duties, obligations or other commitments hereunder and its and their covenants and agreements with the bondholders.
2. By action or suit in equity to require the county and its board to account as if they were the trustee of an express trust.
3. By action or suit in equity to have appointed a receiver, which receiver may enter and take possession of any system, projects and services, revenues from which are pledged for the payment of the bonds, prescribe sufficient fees derived from the operation thereof, and collect, receive and apply all revenues or other moneys pledged for the payment of the bonds in the same manner as the county itself might do in accordance with the obligations of the county.
4. By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders.
5. Bring suit upon the bonds.
Sec. 32. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions hereof, he shall cancel the same by writing across the face thereof or stamping thereon the word Paid, together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, The county auditor shall credit the county treasurer on his books for the amount so paid.
Sec. 33. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 34. 1. No right or remedy conferred upon any holder of any bond or any coupon appertaining thereto or any trustee for such holder hereby or by any proceedings appertaining to the issuance of such bond or coupon is exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred hereby or by any other law.
2. The failure of any bondholder so to proceed as herein provided or in such proceedings shall not relieve the county, its board, or any of its officers, agents and employees of any liability for failure to perform or carry out any duty, obligation or other commitment.
Sec. 35. 1. The board may provide for the publication once in full of any ordinance or other proceedings adopted by the board ordering the issuance of any bonds.
2. For a period of 30 days after the date of such publication, any person in interest shall have the right to contest the legality of any bond which may be authorized thereby (except for any bond delivered for value, containing a recital therein that it is issued under authority hereof, and thus being incontestable for any cause whatsoever, as herein provided), and of the provisions made for the security and payment of any such bonds, and of any other provisions in such ordinance or other proceedings.
κ1961 Statutes of Nevada, Page 266 (CHAPTER 169, SB 221)κ
hereof, and thus being incontestable for any cause whatsoever, as herein provided), and of the provisions made for the security and payment of any such bonds, and of any other provisions in such ordinance or other proceedings.
3. After the expiration of such 30-day period no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause whatsoever.
Sec. 36. 1. The county may provide for the payment from funds of the system of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, the employment of engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the making of notices, taking of options, and all other expenses necessary or desirable to be made and paid prior to the authorization for or the issuance of such bonds.
2. Any funds so expended by the county from funds of the system for preliminary expenses incurred in connection with the same purpose as that for which bonds are issued may be fully reimbursed and repaid to the systems funds out of the proceeds derived from the sale of such bonds.
3. The amount so advanced by the county from funds of the system to pay such preliminary expenses may, by an ordinance authorizing the issuance of such bonds, be made a first charge against such bond proceeds until the same has been repaid as herein provided, and in such event such amount shall be paid therewith before any other disbursements are made therefrom.
Sec. 37. Whenever revenue bonds are issued, the board shall impose, in connection with the project for which the bonds are issued, for the services rendered or facilities furnished thereby, fees fully sufficient:
1. To pay the cost of operating and maintaining the project, including but not limited to betterments or replacements to keep the same in good repair and working order (which cost shall be a first lien and charge upon the revenues or income to be derived from the operation of the project or service); and
2. To pay the principal of and interest on the bonds; and
3. To carry out all commitments made in the ordinance or ordinances authorizing the bonds and other proceedings appertaining thereto.
Sec. 38. In any case where a notice is provided for herein, if the board or court finds for any reason that due notice was not given, the board or court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated, but the board or court shall order due notice to be given and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.
Sec. 39. It shall be legal for the state and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the state, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
κ1961 Statutes of Nevada, Page 267 (CHAPTER 169, SB 221)κ
Sec. 40. This act, without reference to other statutes of the state, except as herein otherwise specifically provided, shall constitute full authority for the exercise of powers herein granted, including but not limited to the authorization and issuance of bonds hereunder. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 41. This act, being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
Sec. 42. Any act, or part thereof, in conflict with this act is hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, or part thereof, heretofore repealed.
Sec. 43. 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. 44. This act shall become effective upon passage and approval.
________
Assembly Bill No. 137Mr. Bailey
CHAPTER 170
AN ACT to amend NRS section 391.130, relating to reemployment of teachers, by providing that teachers who are not reemployed may appear before the board of trustees to ascertain and reply to the reasons for not being reemployed; and by providing other matters properly relating thereto.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 391.130 is hereby amended to read as follows:
391.130 1. On or before May 1 of each year, boards of trustees of the several school districts shall notify in writing the teachers in their employ concerning the reemployment of such teachers for the ensuing year. If the board, through its proper official, shall fail so to notify its teachers, then those teachers who are employed and who have been so employed for the major part of the current year shall be deemed reemployed on the same terms as for the then-closing school year, and the board shall issue the regular contracts in such cases as though the board had employed the teachers in the usual manner.
κ1961 Statutes of Nevada, Page 268 (CHAPTER 170, AB 137)κ
the board shall issue the regular contracts in such cases as though the board had employed the teachers in the usual manner.
2. Any teacher who shall have been informed of his reemployment by written notice from the board, or who shall have been automatically reemployed in accordance with the provisions of this section, shall, within 10 days thereafter, present to the board in writing his acceptance of the position. Failure on the part of the teacher to notify the board of his acceptance as provided in this subsection shall be regarded as conclusive evidence of his nonacceptance of the position.
3. Each teacher notified by the board, through its proper official, that he is not reemployed for the ensuing year may, within 10 days of receipt of such notification, make written request to appear at the next regular board meeting. At such meeting the board shall inform the teacher of the reasons for not reemploying him and shall provide an opportunity for the teacher to reply thereto.
________
Assembly Bill No. 75Mr. Briare
CHAPTER 171
AN ACT to repeal NRS sections 482.525 to 482.535, inclusive, relating to taking vehicles without authority, to injuring and tampering with vehicles, and to stolen vehicles; to amend chapter 205 of NRS, relating to crimes against property, by adding new sections incorporating the provisions of such repealed sections in such chapter; by providing that the unauthorized taking of a vehicle is a gross misdemeanor or a felony rather than a misdemeanor; to amend NRS section 206.160, relating to the leading of horses away and the driving of vehicles away without authority, by deleting the provisions relating to the driving of vehicles away without authority; and by providing other matters properly relating thereto.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 205 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. 1. Notwithstanding the provisions of NRS 205.220 and 205.240, any person who shall drive or take a vehicle, not his own, without the consent of the owner thereof, and with intent either permanently or temporarily to deprive the owner of his title to or possession of such vehicle, with or without intent to steal the same, shall be guilty of a gross misdemeanor, and any person who so drives or takes a vehicle after once having been convicted of such act shall be guilty of a felony.
2. The consent of the owner of a vehicle to its taking or driving shall not in any case be presumed or implied because of such owners consent on a previous occasion to the taking or driving of such vehicle by the same or a different person.
κ1961 Statutes of Nevada, Page 269 (CHAPTER 171, AB 75)κ
3. Any person who assists in, or is a party to or an accomplice in, any such unauthorized taking or driving shall also be guilty of a gross misdemeanor, or if previously convicted of so assisting or being a party or accomplice, shall be guilty of a felony.
Sec. 3. Any person who, with intent to procure or pass title to a motor vehicle which he knows or has reason to believe has been stolen, shall receive or transfer possession of the same from or to another, or who shall have in his possession any motor vehicle which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a felony.
Sec. 4. 1. Any person who shall individually or in association with one or more other persons willfully break, injure, tamper with or remove any part or parts of any vehicle for the purpose of injuring, defacing or destroying such vehicle, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vehicle, or who shall in any manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, shall be guilty of a misdemeanor.
2. Any person who shall without the consent of the owner or person in charge of a vehicle climb into or upon such vehicle with the intent to commit any crime, malicious mischief, or injury thereto, or who while a vehicle is at rest and unattended shall attempt to manipulate any of the levers, starting crank or other starting device, brakes or other mechanism thereof, or to set such vehicle in motion, shall be guilty of a misdemeanor; but the foregoing provisions shall not apply when any such act is done in an emergency in furtherance of public safety or convenience or by or under the direction of an officer in the regulation of traffic or performance of any other official duty.
Sec. 5. NRS 482.525 to 482.535, inclusive, are hereby repealed.
Sec. 6. NRS 206.160 is hereby amended to read as follows:
206.160 Every person who shall willfully and maliciously:
1. Untie, unfasten or liberate, without authority, the horse or team of another; or
2. Lead, ride or drive away, without authority, the horse or team of another from the place where left by the owner or person in charge thereof, [; or
3. Drive away, without authority, the automobile or other vehicle of another from the place where left by the owner or person in charge thereof,]
shall be guilty of a misdemeanor.
________
κ1961 Statutes of Nevada, Page 270κ
Assembly Bill No. 180Committee on Fish and Game
CHAPTER 172
AN ACT to amend chapter 503 of NRS, relating to hunting, fishing and trapping, by adding a new section prohibiting the bringing of live fish, except goldfish and tropical or marine fish used or kept as pets in aquariums, into the State of Nevada without the permission of the state board of fish and game commissioners; providing for inspections and fees; and providing other matters properly relating thereto.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 503 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. It is unlawful for any person to receive or have brought or shipped into the State of Nevada any live fish, except goldfish and tropical or marine fish used or kept as pets in aquariums, without permission of the commission.
2. The commission shall by regulation provide for inspection of such fish and the fees to be charged for such inspection, but no fee shall exceed the sum of $10.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 340Clark County Delegation
CHAPTER 173
AN ACT to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 56 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as amended by chapter 193, Statutes of Nevada 1951, at page 287, is hereby amended to read as follows:
Section 56. Special Assessments-Ordinance for. When the board shall determine to make any public improvements or repairs, in the laying of pavements or constructing sidewalks, or in the construction of sewers, or in any way improving the streets in the city, including but not necessarily limited to intersections and spaces opposite alleys, and shall determine to defray the whole or any part of the cost and expense thereof by special assessment, they shall so declare by ordinance, stating the improvement and what part or portion of the expense shall be paid by special assessment, and what part, if any has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, they shall by apt description designate the district including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement and state that the assessment is to be made upon all the lands, benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis, it shall be sufficient for said ordinance to so state and to define the location of the improvements to be made.
κ1961 Statutes of Nevada, Page 271 (CHAPTER 173, AB 340)κ
expense shall be paid by special assessment, and what part, if any has been or is proposed to be appropriated from the general fund of the city, or from the street fund or district street fund, and whether the assessment is to be made according to benefits or frontage, and, in case the assessment is to be made according to benefits, they shall by apt description designate the district including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement and state that the assessment is to be made upon all the lands, benefited thereby proportionately to the benefits received; but in case the assessment is to be upon the property upon a frontage basis, it shall be sufficient for said ordinance to so state and to define the location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district or the location that the various parts to be assessed can be ascertained and described by the city assessor.
Sec. 2. Section 57 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as amended by chapter 193, Statutes of Nevada 1951, at page 287, is hereby amended to read as follows:
Section 57. Estimates First To Be Had [.] -Assessment Units-Notice-Hearing. Before ordering any public improvements or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the board shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and shall file such plats and diagrams with the city clerk for public examination. [; and they shall give notice thereof and of the proposed improvement or work, of the location of the improvement, and of the district to be assessed, by publication once a week for two successive weeks in some newspaper published in said city, and also by posting notices in three public places near the site of the proposed work. Said notices shall state the time when the board will meet and consider any suggestions and objections that may be made by parties in interest to the proposed improvements. Unless the owners of more than one-half of the frontage to be assessed shall file written objections thereto, such improvement or work shall be ordered.]
More than one improvement may be combined in one local improvement district when the board determines such improvements may be combined together in an efficient and economical district. If in the combination of improvements they shall be separate and distinct by reason of substantial difference in their character or location, or otherwise, each such improvement shall be considered as a unit or district for the purpose of objection and assessment (such unit or district being hereinafter sometimes designated as an assessment unit.) In case of such combination the board shall designate the improvement and area constituting each such assessment unit, and in the absence of an arbitrary and unreasonable abuse of discretion, its determination that there is or is not such a combination and its determination of the improvement and area constituting each such unit shall be final and conclusive.
κ1961 Statutes of Nevada, Page 272 (CHAPTER 173, AB 340)κ
improvement and area constituting each such unit shall be final and conclusive. The costs of constructing and otherwise acquiring each such improvement shall be segregated for the levy of assessments and an equitable share of the incidental costs shall be allocated to each such assessment unit.
The board shall give notice of the proposed improvements and any part to be defrayed by special assessments, the location of said improvements, the method of assessment, the filing of the plats and diagrams and the division into assessment units, if any, by publication once a week for 2 successive weeks in some newspaper published in said city, by mailing notice postage prepaid, at least 10 days prior to such hearing, to the last-known address of each last-known owner of land within the district whose property will be assessed for the cost of improvements, and also by posting notices in three public places near the site of the proposed work, or in three public places in each assessment unit as hereinafter described. Said notice shall state that all property abutting said improvements will be assessed if such be the case. If other than abutting property is to be assessed, an accurate description of the district or, if the district is divided into assessment units, of each assessment unit within the district, shall be given in the notice by boundaries or otherwise. The notice shall also state the time when the board will meet and consider any suggestions and objections that may be made by parties in interest to the proposed assessments. Except as hereinafter provided, the work or improvement in the district (or in any assessment unit in a district where there are assessment units) shall not be ordered if the owners of more than one-half of the frontage to be assessed in the district (or in any assessment unit in a district where there are assessment units) shall file written objections thereto.
When the work of any improvement authorized by this act constitutes not more than 1,320 feet (including intersections) remaining unimproved in any street or alley between improvements already made to the same street or alley, the board may on its own motion cause said intervening and unimproved part of said street or alley to be improved and the said improvements shall not be stayed or defeated or prevented by written objections thereto as aforesaid provided, unless the board, in their sole discretion, shall deem such written objection proper to cause the improvement to be stayed or prevented; provided, that at least 50 percent of the total number of tracts of property to be assessed for the improvements to said unimproved part of the street or alley shall contain a permanent structure or building, or any other type of improvement of a permanent nature. For purposes of this section, each piece of property to be independently assessed will be considered a tract.
Sec. 3. Section 70 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as amended by chapter 50, Statutes of Nevada 1945, at page 73, is hereby amended to read as follows:
Section 70. Special Assessments [a] -A Lien on Property [.] -Method of Payment. All special assessments shall from the date of approval [thereof] of the final assessment roll constitute a lien upon the respective lots or parcels of land assessed.
κ1961 Statutes of Nevada, Page 273 (CHAPTER 173, AB 340)κ
approval [thereof] of the final assessment roll constitute a lien upon the respective lots or parcels of land assessed. [Upon the approval of any assessment, the amount thereof may be divided into not less than four installments nor more than ten installments one of such installments to be collected each year, at such time as the board may determine, with annual interest at a rate not exceeding seven percent.] Said special assessments shall be due and payable without demand and without interest within 30 days from the aforesaid approval of the final assessment roll. All assessments remaining unpaid at the end of the aforesaid cash payment period, at the option of the board of commissioners, may be made payable in not less than four nor more than 10 equal annual installments of principal, with interest thereon at a rate of interest not exceeding 7 percent per annum. The lien upon any payment shall be released upon payment on any regular payment date of the total principal due and interest to that date, or upon payment at any other time of the total principal due and interest to the next regular payment date. Any penalty which may be established by the board of commissioners in the assessment ordinance must also be paid in full before the lien will be released.
Sec. 4. Section 77 1/2 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as added by chapter 132, Statutes of Nevada 1949, at page 251, is hereby amended to read as follows:
Section 77 1/2. Improvement Bonds. When the board shall determine to make any public improvement, such as installing, reinstalling, constructing, reconstructing, repairing sewers, [storm sewers,] drains, or storm drains, laying out, establishing, opening, altering, widening, extending any streets, avenues, or alleys, or improving the same by grading, regrading, oiling, reoiling, graveling, regraveling, paving, repaving, macadamizing, remacadamizing, concreting, reconcreting, surfacing, resurfacing, parking, reparking, curbing, recurbing, draining, cleaning, installing or reinstalling street lights, sidewalks and crosswalks, repairing [,] or in any other way improving said streets, avenues, or alleys, including but not necessarily limited to intersections and spaces opposite alleys, and shall determine to defray the whole or any part of the cost or expense thereof by special assessment, said board may, by ordinance, at the time it directs such special assessment to be made by the assessor, or at any time thereafter while any part of said assessment remains unpaid, without submitting the question to the electors of the city at any general or special election, cause to be issued bonds of the city, in [the amount of the assessment outstanding and unpaid,] an amount not exceeding the assessments outstanding and unpaid at the end of the cash payment period, for the purpose of paying the cost or expense of such improvement. Said bonds shall be called (insert name of street or location of sewers or drains) Improvement Bonds, shall be signed by the mayor and countersigned by the city clerk, and shall not be sold for less than their par value nor before the work of said improvement is ordered. [They shall be in such form and denominations, bear such rate of interest not to exceed seven percent (7%) per annum, and be payable at such times not later than ten (10) years from the date of issue, as the board shall determine.]
κ1961 Statutes of Nevada, Page 274 (CHAPTER 173, AB 340)κ
seven percent (7%) per annum, and be payable at such times not later than ten (10) years from the date of issue, as the board shall determine.] Said bonds may bear interest at a rate or at rates not to exceed 6 1/2 percent per annum in any 1 year; provided, however, the highest interest rate to be borne by the bonds shall be at least one-half of 1 percent less than the rate of interest to be borne by deferred installments of assessments (i. e., assessments remaining unpaid after the 30-day cash payment period) from which the bonds are payable. Said bonds may be serial or term in form, shall be payable within a period of not to exceed 10 years, and shall be in such form and denominations as the board of commissioners shall determine.
The special assessment, when levied, shall be and remain a lien on the respective lots and parcels of land assessed from the confirmation of the final assessment roll until paid, as in this act provided, and, when collected, shall be placed in a special fund to be known as (insert name of street or location of sewers or drains) Improvement Bond Interest and Redemption Fund, and as such shall at all times constitute a sinking fund for and deemed specially appropriated to the payment of said bonds and interest thereon, and shall not be used for any other purpose until said bonds and the interest thereon is fully paid.
The issuance of any bonds, as herein provided, shall be conclusive evidence of the regularity of all proceedings up to the issuance of such bonds.
In the event that the special fund created by the proceeds of the special assessment shall be insufficient to pay said bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund.
Sec. 5. Section 71 of Chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 181, is hereby repealed.
Sec. 6. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 7. 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. 8. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 275κ
Assembly Bill No. 396Nye County Delegation
CHAPTER 174
AN ACT to amend an act entitled An Act fixing the compensation of certain officers in Nye county, and other matters properly relating thereto; and repealing certain acts and parts of acts, approved February 26, 1953, as amended.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 22, as last amended by chapter 155, Statutes of Nevada 1959, at page 177, is hereby amended to read as follows:
Section 1. The sheriff of Nye County shall receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments, in full compensation for his services to Nye County as sheriff and all official and ex-officio duties of any kind whatsoever, and shall have one undersheriff, to be selected by him, and such other deputies, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct. The undersheriff shall receive a salary not to exceed [$350] $450 per month, and the deputies shall receive salaries not to exceed [$350] $450 per month. The sheriff shall be allowed all his actual traveling expenses to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury such fees as are provided for in NRS 248.290; provided, that in lieu of the mileage provided in NRS 248.290 the sheriff shall charge and collect as mileage the actual and necessary traveling expenses of himself or deputies in the service of any summons and complaints, or other process issuing out of the district court; provided further, that where there is a deputy or other officer so located as to perform such service, without the sheriff or his deputy actually incurring any traveling expenses, no mileage shall be charged.
Sec. 2. Section 2 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 23, as last amended by chapter 155, Statutes of Nevada 1959, at page 178, is hereby amended to read as follows:
Section 2. The county clerk and treasurer of Nye County shall receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments, as full compensation for his services to Nye County as such officer or in any ex officio capacity of any kind whatsoever, and shall be allowed such deputies, to be named by him, to be paid a salary not to exceed [$350] $450 per month, and such other typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, not to exceed [$325] $375 per month.
κ1961 Statutes of Nevada, Page 276 (CHAPTER 174, AB 396)κ
and compensation as they may direct, not to exceed [$325] $375 per month. The county clerk and treasurer shall be allowed all his actual traveling expenses, or that of his deputies, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, the expenses shall be first audited and allowed by the board of county commissioners.
The county clerk and treasurer shall collect in advance and pay over monthly into the county treasury, such fees and compensation as are now provided by law for services in this office.
Sec. 3. Section 3 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 23, as last amended by chapter 155, Statutes of Nevada 1959, at page 178, is hereby amended to read as follows:
Section 3. The county recorder and auditor of Nye County shall receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments, in full compensation for all his services to the county as such officer, and shall have one deputy to be selected by him, and to be paid a salary not to exceed [$350] $450 per month, and such other deputies, typists or stenographers, to be selected by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed [$325] $375 per month. The county recorder and auditor shall be allowed all of his actual traveling expenses, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, the expenses shall be first audited and allowed by the board of county commissioners. The county recorder and auditor shall collect in advance and pay over monthly into the county treasury, such fees and compensation as are provided by law for services in his office.
Sec. 4. Section 4 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 23, as last amended by chapter 155, Statutes of Nevada 1959, at page 179, is hereby amended to read as follows:
Section 4. The district attorney of Nye County shall receive an annual salary of [$5,400,] $6,000, payable in equal monthly installments, for all his services as such officer. He may have such deputy or deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed [$350] $450 per month. He shall be allowed all his actual traveling expenses, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, the expenses shall be first audited and allowed by the board of county commissioners. The district attorney shall receive no fees or compensation other than as herein provided for the performance of his official duties.
Sec. 5. Section 5 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 24, as last amended by chapter 155, Statutes of Nevada 1959, at page 179, is hereby amended to read as follows:
Section 5. The county assessor of Nye County shall be paid an annual salary of [$5,400,] $6,000, payable in equal monthly installments, for all his services as such officer.
κ1961 Statutes of Nevada, Page 277 (CHAPTER 174, AB 396)κ
annual salary of [$5,400,] $6,000, payable in equal monthly installments, for all his services as such officer. He may have such deputy or deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed [$350] $375 per month. The county assessor shall be allowed his travel expenses in the same manner as are other county officers.
Sec. 6. Section 6 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, at page 24, as amended by chapter 155, Statutes of Nevada 1959, at page 179, is hereby amended to read as follows:
Section 6. The members of the board of county commissioners of Nye County shall each receive for their services as county commissioners [$125] $175 per month, and $50 per month each as compensation for their services on the board of county commissioners while acting as a governing board for the towns of Tonopah, Round Mountain [and] , Manhattan [.] and Beatty.
________
Assembly Bill No. 397Committee on Ways and Means
CHAPTER 175
AN ACT making an additional and supplemental appropriation for the support of the state planning board in carrying out the provisions of chapter 78, Statutes of Nevada 1960, relating to the design and construction of a building in Reno, Nevada, for the state department of agriculture in which to house agricultural chemical trucks.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing additional support of the state planning board in carrying out the provisions of chapter 78, Statutes of Nevada 1960, there is hereby appropriated from the general fund in the state treasury to the state planning board the sum of $5,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 278κ
Senate Bill No. 56Committee on State, County and City Affairs
CHAPTER 176
AN ACT to amend NRS sections 616.580 and 616.625, relating to workmens compensation benefits for permanent and total disability, by fixing such benefits at the same amount for all recipients; and by providing other matters properly relating thereto.
[Approved March 27, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.580 is hereby amended to read as follows:
616.580 Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for permanent total disability:
1. In cases of total disability adjudged to be permanent, compensation of [65 percent of the average monthly wage;] $162.50 per month; and, if there be one or more persons residing in the United States dependent upon the workman at the time of the injury, an additional [15 percent] $37.50 per month for each dependent, but not more than [90 percent of the average monthly wage. Any excess of wages over $250 a month shall not be taken into account in computing such compensation.] $225 per month.
2. In cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of $50 per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of NRS 616.410 and 616.415.
Sec. 2. NRS 616.625 is hereby amended to read as follows:
616.625 1. All compensation payments after June 30, [1955,] 1961, to permanently totally disabled persons, widows and dependents, by reason of injuries or death arising out of and in the course of employment of employees under the provisions of this chapter shall be paid currently according to the rates provided by this chapter, as amended from time to time, whether the injury or death occurred before or after June 30, [1955,] 1961, and the commission shall adjust current and lump sum payments accordingly.
2. The rates of compensation shall not operate retroactively for any period before June 30, [1955,] 1961, except in commutation of lump sum payments.
________
κ1961 Statutes of Nevada, Page 279κ
Assembly Bill No. 95Messrs. Pozzi and Waters
CHAPTER 177
AN ACT to amend NRS sections 281.160 and 422.200, relating to the traveling expenses and subsistence allowances of state officers and employees, by increasing the travel allowance for use of private vehicles; and by providing other matters properly relating thereto.
[Approved March 28, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. When any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to $15 for each 24-hour period during which he is away from such office.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. Such persons may also receive an allowance for transportation. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles. The allowance for travel by private conveyance is [8] 10 cents per mile so traveled.
4. The state board of examiners may adopt regulations, and may require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than $15 for each 24-hour period where unusual circumstances make such rate desirable.
5. Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as provided in this subsection. Requests shall be submitted, on forms approved by the state board of examiners, to the director of the budget at least 10 working days prior to the beginning of travel and no travel shall be authorized except after having been approved by the director of the budget. The director of the budget may refuse permission for such travel only if there are insufficient funds for out-of-state travel or if the method of travel does not conform to the regulations approved by the state board of examiners. If the director of the budget disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose decision shall be rendered at its next regular meeting.
κ1961 Statutes of Nevada, Page 280 (CHAPTER 177, AB 95)κ
board of examiners, whose decision shall be rendered at its next regular meeting. Such determinations shall be final. In emergencies, the director of the budget, upon good cause shown by the applicant, may consider requests for travel submitted to him less than 10 working days prior to the beginning of travel. Claims for reimbursement for travel which is not approved by the director of the budget shall be considered by the state board of examiners at a regular meeting.
Sec. 2. NRS 422.200 is hereby amended to read as follows:
422.200 The state welfare director shall have the following powers and duties:
1. To be responsible for and to supervise the fiscal affairs and responsibilities of the department.
2. To present the biennial budget of the department to the legislature in conjunction with the director of the budget.
3. To allocate, with the approval of the state welfare board, in the interest of efficiency and economy, the states appropriation for administration of the separate programs for which the department is responsible.
4. To provide for reimbursement of workers for their necessary expenses in traveling by private or public conveyance, to include travel within city limits of any town or municipality within the State of Nevada, at the rate [of 8 cents per mile] provided for in NRS 281.160 if traveled by the workers private conveyance.
________
Assembly Bill No. 238Committee on Ways and Means
CHAPTER 178
AN ACT to amend chapter 396 of NRS, relating to the University of Nevada, by adding a new section creating the University of Nevada accounts payable revolving fund; to amend NRS section 396.385, relating to use of a facsimile signature by the comptroller of the University of Nevada, by allowing the chief business officer of the University rather than the comptroller to use such a signature; appropriating $100,000 to such fund; and providing other matters properly relating thereto.
[Approved March 28, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 396 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The University of Nevada accounts payable revolving fund is hereby created. The board of regents may deposit the moneys of such fund in any state or national bank or banks in the State of Nevada.
2. The chief business officer of the university shall:
(a) Pay from such fund such operating expenses of the university as the board of regents may by rule prescribe.
κ1961 Statutes of Nevada, Page 281 (CHAPTER 178, AB 238)κ
(b) Submit claims to the state board of examiners for moneys of the University of Nevada on deposit in the state treasury or elsewhere to replace moneys paid from the University of Nevada accounts payable revolving fund.
Sec. 2. NRS 396.385 is hereby amended to read as follows:
396.385 The board of regents of the University of Nevada may authorize the [comptroller] chief business officer of the university to use a facsimile signature produced through a mechanical device in place of his handwritten signature whenever the necessity may arise, subject to the following conditions:
1. That the mechanical device shall be of such nature that the facsimile signature may be removed from the mechanical device and kept in a separate secure place.
2. That use of the facsimile signature shall be made only under the direction and supervision of the [comptroller.] chief business officer.
3. That all of the mechanical device shall at all times be kept in a vault, securely locked, when not in use, to prevent any misuse of the device.
Sec. 3. There is hereby appropriated from the general fund in the state treasury the sum of $100,000 to the University of Nevada accounts payable revolving fund.
________
Assembly Bill No. 286Committee on Insurance
CHAPTER 179
AN ACT to amend NRS section 684.310, relating to hearings concerning suspension and revocation of insurance licenses, by allowing the commissioner of insurance to serve notice of such hearings by certified mail.
[Approved March 28, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 684.310 is hereby amended to read as follows:
684.310 1. Except as provided in subsection 2, no license shall be suspended, revoked, the renewal thereof refused or the licensee fined without providing an opportunity to the licensee to be heard and produce evidence in his behalf.
2. A license shall be automatically forfeited and revoked where the resident agents or brokers license of a nonresident agent or broker has been revoked or renewal thereof refused, for cause, in his state of domicile and in all instances covered by subsections 3 and 4 of NRS 684.300.
3. The hearing shall be held at such time and place as the commissioner shall designate in a notice served upon the licensee. Service may be made in person or service shall be considered completed if the notice is mailed to the last-known address of the licensee by registered or certified mail at least 20 days before the date designated therein.
κ1961 Statutes of Nevada, Page 282 (CHAPTER 179, AB 286)κ
4. In the conduct of the hearing the commissioner or any employee of the department designated by the commissioner for such purpose shall have power to administer oaths and to examine any person under oath and in connection therewith to require the production of any books, records or papers relevant to the inquiry.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 51Messrs. Waters and Pozzi
CHAPTER 180
AN ACT appropriating $41,000 from the general fund in the state treasury to the state department of buildings and grounds for the purchase of a fire truck for the purpose of providing additional fire protection for state buildings at the seat of the government; granting certain powers to and imposing certain duties upon the superintendent of the state department of buildings and grounds; and providing other matters properly relating thereto.
[Approved March 28, 1961]
Whereas, Pursuant to the provisions of subsection 3 of NRS 331.100, the superintendent of the state department of buildings and grounds is invested with specific powers and duties allowing and requiring him to take fire prevention and suppression measures, necessary and feasible, to reduce fire hazards in all buildings in Carson City, Nevada, under his control; and
Whereas, Pursuant to the provisions of subsection 9 of NRS 331.100, the superintendent of the state department of buildings and grounds is invested with specific powers and duties allowing and requiring him to purchase equipment as is necessary for the preservation of the buildings and grounds under his supervision and control; and
Whereas, The city of Carson City and Warren Engine Company No. 1, a volunteer fire department, have for many years provided fire protection to state buildings in Carson City, Nevada; and
Whereas, Because of added state buildings and planned additions to the capitol complex it is essential that the State of Nevada provide additional fire protection for its buildings and structures at the seat of the government; 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 department of buildings and grounds the sum of $41,000 for the purchase by the superintendent of the state department of buildings and grounds of one fire truck containing a 65-foot snorkel-aerial apparatus.
Sec. 2. Upon delivery to him of such fire truck, the superintendent of the state department of buildings and grounds may contract with the city council of the city of Carson City, Nevada, and the officers of Warren Engine Company No. 1 of Carson City, Nevada, for the maintenance and housing of such fire truck by the city of Carson City and the Warren Engine Company No.
κ1961 Statutes of Nevada, Page 283 (CHAPTER 180, AB 51)κ
maintenance and housing of such fire truck by the city of Carson City and the Warren Engine Company No. 1. In consideration for such maintenance and housing, the superintendent of the state department of buildings and grounds may agree that the city and the engine company may use such fire truck for the suppression and prevention of fire in and about properties other than properties belonging to the State of Nevada.
Sec. 3. Any moneys appropriated by the provisions of section 1 remaining unexpended on July 1, 1962, shall revert to the general fund in the state treasury.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 227Committee on Ways and Means
CHAPTER 181
AN ACT to amend NRS section 178.465, relating to compensation of sanity commission members, by providing that compensation of sanity commission members shall be a charge against the Nevada state hospital rather than the general fund.
[Approved March 28, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 178.465 is hereby amended to read as follows:
178.465 The members of the sanity commission shall each receive reasonable compensation fixed by the district judge impaneling such commission, which compensation shall be a charge against and paid by the Nevada state [from the general fund] hospital upon an order therefor signed by the district judge and submitted to the [state board of examiners.] superintendent of the state hospital. The superintendent shall submit a claim for payment of the order in the manner provided by law.
________
Assembly Bill No. 407Humboldt County Delegation
CHAPTER 182
AN ACT to amend an act entitled An Act fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing a certain act; and providing other matters properly relating thereto, approved March 12, 1960.
[Approved March 28, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of the above-entitled act, being chapter 144, Statutes of Nevada 1960, at page 222, is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 284 (CHAPTER 182, AB 407)κ
Section 9. The office clerks employed by the county recorder, county clerk, county treasurer and county assessor of Humboldt County shall receive a salary of not less than $8 per day, but not to exceed [$13] $15 per day, such rate of pay to be based on experience and ability of the person so employed. Such rate of pay shall also apply to special deputies for the Humboldt County sheriffs office.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 184Committee on Judiciary
CHAPTER 183
AN ACT relating to elections; to amend NRS sections 293.063, 293.070, 293.177, 293.190, 293.195, 293.200 to 293.205, inclusive, 293.213, 293.217, 293.227, 293.243, 293.250, 293.265, 293.295, 293.315, 293.323, 293.325, 293.345, 293.350, 293.363, 293.367, 293.373, 293.385, 293.390, 293.395, 293.410, 293.430, 293.437, 293.460, 293.483, 293.500, 293.507, 293.547, 293.563, 293.575, 293.577, 293.587, 295.010, 298.040 and 298.050, relating to independent candidates, physical disability defined, forms of declaration or acceptance of candidacy, certification of nominated persons, nonpartisan offices, notices of primary elections, election precincts, mailing precincts, appointment of election board officers, chairmen of election boards, absent ballot central counting boards, forms of election documents and papers, form of nonpartisan primary ballots, tabulations by electronic machines, absent ballots, absent ballot mailing precincts, counting votes, regulations for counting ballots, duties of counting board officers, canvass of returns, certificates of election, election contests, designation of polling places, compensation of election board officers, inspection of ballots, crimes by public officers concerning elections, qualifications of voters, reregistration of electors, grounds for cancellation of registration, registration of persons in the service of the United States, their spouses and dependents, the posting and publication of registration lists, requirements of initiative petitions, filling of a vacancy in the office of presidential elector and voting by presidential electors; to amend chapter 293 of NRS, relating to elections, by adding new sections defining terms; relating to the listing of candidates; providing for the disposition and inspection of election returns and papers; providing for the registration of voters in incorporated cities for municipal elections; to repeal NRS sections 244.145, 293.047, 293.347, 293.357, 293.360 and 293.485, relating to powers of county commissioners concerning elections; the definition of districts; form of applications for mailing ballots; the marking of mailing ballots by applicants before the county clerk; voting by voters registered in mailing precincts; and notices by election board members of their willingness and unwillingness to serve; and providing other matters properly relating thereto.
[Approved March 28, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.063 is hereby amended to read as follows:
293.063 Independent candidate means either a registered voter who has not declared a partisan affiliation in registering to vote [,] or an elector who has not registered to vote and who has been nominated for a partisan office pursuant to the provisions of this Title.
κ1961 Statutes of Nevada, Page 285 (CHAPTER 183, SB 184)κ
Sec. 2. NRS 293.070 is hereby amended to read as follows:
293.070 Physical disability means blindness or a physical handicap making it impossible to cast a ballot. [, but does not include the inability to read or write.] Physical disability includes the inability to read or write.
Sec. 3. NRS 293.177 is hereby amended to read as follows:
293.177 1. Except as provided in NRS 293.165, no name may be printed on a ballot or a ballot label to be used at a primary election unless the person named has filed a declaration of candidacy, or an acceptance of a candidacy, and paid the fee required by NRS 293.193 not later than 5 p. m. of the 3rd Wednesday in July.
2. A declaration of candidacy or an acceptance of a candidacy required to be filed by this section shall be in substantially the following form:
DECLARATION OF CANDIDACY OF .............................................. FOR THE
OFFICE OF ..........................................
|
STATE OF NEVADA COUNTY OF.......................................... |
} |
ss. |
For the purpose of having my name placed on the official primary ballot as a candidate for the ......................... Party nomination for the office of ........................., I, the undersigned ........................., do swear (or affirm) that I reside at No. ........, ............... Street, in the City (or Town) of ..............., County of ..............., State of Nevada; that I am a registered voter of the election precinct in which I reside; that I am registered as a member of the ............... Party; that I have not reregistered and changed the designation of my political party affiliation on an official affidavit of registration since the last general election; that I believe in and intend to support the principles and policies of such political party in the coming election; that if nominated as a candidate of the ......................... Party at the ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for the office if elected thereto.
.................................................................................
(Signature of candidate for office)
Subscribed and sworn to before
me this ....... day of ..............., 19.......
...............................................................
Notary Public (or other officer
authorized to administer an oath)
Sec. 4. NRS 293.190 is hereby amended to read as follows:
293.190 Immediately following the primary election at which candidates are nominated for any public office, the secretary of state shall certify to each county clerk the name of each person nominated and the title of the office for which he is nominated [.] for all candidates required to file declarations, certificates and acceptances of candidacies in the office of the secretary of state.
κ1961 Statutes of Nevada, Page 286 (CHAPTER 183, SB 184)κ
Sec. 5. NRS 293.195 is hereby amended to read as follows:
293.195 1. Judicial offices, school offices, members of county game management boards, members of the state board of fish and game commissioners and members of boards of hospital trustees of public hospitals are hereby designated nonpartisan offices.
2. No words designating the party affiliation of a candidate for nonpartisan offices shall be printed upon the ballot [and] or ballot label.
Sec. 6. NRS 293.200 is hereby amended to read as follows:
293.200 1. Independent candidates for partisan office shall qualify by filing with the proper filing officer a certificate of candidacy signed by a number of registered voters equal to at least 5 percent of the total number of voters who voted for Representative in Congress at the last preceding general election in the state, district or political subdivision for which the certificate is made, but no such certificate may contain the signatures of less than five registered voters.
2. Each signer shall add to his signature his place of residence. One of the signers of each such certificate shall sign an affidavit attesting that the signatures on the certificate are genuine to the best of his knowledge and belief.
3. Such certificate of candidacy may state the principle, if any, which the person qualified represents.
4. Certificates of candidacy provided for in this section for officers to be voted for by the registered voters of the entire state or by districts composted of two or more counties shall be filed with the secretary of state and all other such certificates of candidacy shall be filed with the clerk of the county wherein the officers are to be voted for.
5. Certificates of candidacy provided for in this section shall be filed not earlier than the 2nd Monday in June and not later than 5 p. m. on the 2nd Friday in July.
6. No certificate of candidacy, provided for in this section, may contain the name of more than one candidate for each office to be filled.
7. Independent candidates in a contest for nomination for any office shall be considered nonpartisan candidates for the purpose of submitting their names to the vote of electors.
Sec. 7. NRS 293.203 is hereby amended to read as follows:
293.203 1. Immediately upon receipt by the county clerk of the certified list of candidates from the secretary of state, the county clerk shall publish a notice of primary election in a newspaper of general circulation in the county once a week for 2 successive weeks. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice shall contain:
(a) The date of the election.
(b) The location of the polling places.
(c) The hours during which the polling places will be open for voting.
(d) The names of the candidates.
(e) A list of the offices to which the candidates seek election.
κ1961 Statutes of Nevada, Page 287 (CHAPTER 183, SB 184)κ
2. The county clerk shall forward to each justice of the peace, except those in incorporated cities, within the county one written or printed notice for each precinct or voting district. It shall be the duty of each justice of the peace to whom such notice is delivered to post the same in a public place in [the] each precinct or voting district in his township or district at least 15 days prior to the date of the primary.
Sec. 8. NRS 293.205 is hereby amended to read as follows:
293.205 On or before the 1st Wednesday in July, [upon request of] the county clerk [, the board of county commissioners in each county] shall establish election precincts, define the boundaries thereof, abolish, alter, consolidate and designate precincts as public convenience, necessity and economy may require in accordance with NRS 293.207 to 293.215, inclusive.
Sec. 9. NRS 293.213 is hereby amended to read as follows:
293.213 1. Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county [commissioners] clerk may establish such precinct as a mailing precinct, and shall forthwith mail notification to the deputy registrar for such precinct.
2. The county clerk in any county where an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine such mailing precincts into absent ballot precincts and such precincts shall be designated absent ballot mailing precincts.
3. In any county where an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered electors, may be designated an absent ballot mailing precinct.
4. When any precinct contains more than 800 registered voters within its boundaries, the area shall be divided into separate precincts.
Sec. 10. NRS 293.217 is hereby amended to read as follows:
293.217 The county clerk of each county shall appoint and notify registered voters to act as election board officers for the various precincts and districts in the county as provided in NRS 293.220 to 293.245, inclusive, and shall conclude such duties no later than 31 days preceding the election. Not all of the registered voters appointed as election board officers for any precinct or district shall be of the same political party. Immediately after election board officers are appointed, [the board of county commissioners] if requested by the county clerk, the sheriff shall:
1. Appoint a deputy sheriff for each polling place in the county and for the central election board or the absent ballot central counting board; or
2. Deputize as a deputy sheriff for the election an election board officer of each polling place in the county and for the central election board or the absent ballot central counting board. The deputized election board officer shall receive no additional compensation for his services rendered as such deputy sheriff during the election for which he is deputized.
κ1961 Statutes of Nevada, Page 288 (CHAPTER 183, SB 184)κ
is deputized. Deputy sheriffs so appointed and deputized shall preserve order during hours of voting and attend closing of the polls.
Sec. 11. NRS 293.227 is hereby amended to read as follows:
293.227 1. In any precinct or district where ballots are used, the election board shall consist of five members, one of whom shall be designated chairman [.] by the county clerk. Such boards shall make the records of election required by this chapter.
2. The county clerk shall conduct or cause to be conducted, at least 5 days prior to the date of the election for which the boards are appointed, a school for the chairmen for the purpose of acquainting such chairmen with the election laws, duties of election boards, the rules and regulations of the secretary of state and with the procedure for making the records of election and using the register for election boards. If the person appointed chairman is unable for any reason to attend such school, he shall appoint some other member of his election board to attend such school in his stead.
3. Each chairman shall instruct his board before election day.
Sec. 12. NRS 293.243 is hereby amended to read as follows:
293.243 1. In counties where voting machines are used, the county clerk shall appoint one or more absent ballot central counting boards to count the absent ballot votes cast by the registered voters in such county, as received in the mails by the county clerk or voted in person at his office.
2. Such counting board shall consist of four or more election board officers appointed in such numbers as the county clerk determines to be required by the volume of absent ballots requested.
3. The county clerks deputies who perform duties in connection with elections shall be considered officers of the absent ballot central counting board.
4. [The board of county commissioners] When requested by the county clerk, the sheriff shall appoint a deputy sheriff to keep order during such counting boards counting of the absent ballot votes.
5. The counting of the absent ballot votes shall be in public.
6. Such counting board shall be under the direction of the county clerk.
7. Members of the absent ballot central counting board shall begin the performance of their duties no later than when the polls open, and shall continue in session until all the votes cast on absent voters ballots are counted.
Sec. 13. NRS 293.250 is hereby amended to read as follows:
293.250 The secretary of state shall, in a manner not inconsistent with the election laws of this state, prescribe the form of all ballots, absent ballots, diagrams, sample ballots, ballot labels, voting machine labels, certificates, notices, declarations, affidavits [,] of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
Sec. 14. NRS 293.265 is hereby amended to read as follows:
293.265 On nonpartisan primary ballots there shall appear at the top of the ballot the designation Candidates for nonpartisan offices.
κ1961 Statutes of Nevada, Page 289 (CHAPTER 183, SB 184)κ
top of the ballot the designation Candidates for nonpartisan offices. Following this designation shall appear the names of candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed. [Following] In any primary election in which one or more independent candidates qualify, following the names of candidates for nonpartisan offices shall appear the designation Independent candidates for partisan offices and the names of candidates grouped alphabetically under the title of the partisan office for which such candidates filed.
Sec. 15. NRS 293.295 is hereby amended to read as follows:
293.295 [Each] Whenever electronic tabulators are provided, each county clerk may provide for the marking of ballots with a pencil which will enable the votes to be counted on an electronic tabulator. If such a procedure is adopted in any precinct or district within the county, the county clerk may also order that, in lieu of counting at the polls, the ballots shall be transmitted to a central counting place where the vote shall be counted and tabulated by electronically operated machines.
Sec. 16. NRS 293.315 is hereby amended to read as follows:
293.315 [In any year in which a general election is to be held, a registered voter referred to in NRS 293.313 may, after the 1st Monday in June and before 5 p. m. on the 4th Thursday in August or after the 1st Tuesday in September and before 5 p. m. on the 4th Tuesday in October if he is within the continental limits of the United States, or before 5 p. m. on the 3rd Thursday in August and on the 3rd Tuesday in October if he is outside the limits thereof, make application in person, by mail or by telegram to the county clerk of the county in which his precinct or district is situated, for an absent voters ballot.] A registered voter referred to in NRS 293.313 may, at any time before 5 p. m. on the Tuesday preceding any election, make application in person, by mail, telephone or telegraph to the clerk of the county in which he is registered for an absent voters ballot.
Sec. 17. NRS 293.323 is hereby amended to read as follows:
293.323 1. If the request for an absent ballot is made by mail or telegram, the county clerk shall, as soon as the official absent ballot for the precinct or district in which the applicant resides has been printed, send to such absent ballot voter by [airmail,] the most expeditious mail, postage prepaid, an absent ballot, a return envelope, a ballot-marking stamp, a stamp pad and instructions.
2. Nothing may be enclosed or sent with such ballot except as required by subsection 1.
3. Before depositing such ballot in the mails, the county clerk shall record the date such ballot is issued, the name of the registered voter to whom issued, his precinct or district, political affiliation, if any, the ballot number and any remarks he finds appropriate.
Sec. 18. NRS 293.325 is hereby amended to read as follows:
293.325 1. Except as provided in subsection 2, when an absent ballot is returned by a registered voter to the county clerk through the mails, and record thereof is made in the absent ballot record book, the county clerk shall deliver, or cause to be delivered, such ballot to the precinct or district election board.
κ1961 Statutes of Nevada, Page 290 (CHAPTER 183, SB 184)κ
the mails, and record thereof is made in the absent ballot record book, the county clerk shall deliver, or cause to be delivered, such ballot to the precinct or district election board.
2. If the [board of county commissioners] county clerk has appointed an absent ballot central counting board, the county clerk shall, upon receipt of each absent voters ballot, make a record of the return, check the signature on the return envelope against the original signature of the voter on the county clerks register, and mark opposite the voters name on the pollbooks the letters AB to indicate the elector has voted by absent ballot.
3. If the county clerk determines that the absent voter is entitled to cast his ballot, he shall deposit the ballot in the proper ballot box.
4. On election day the county clerk shall deliver such ballot box to the absent ballot counting board to be counted.
Sec. 19. NRS 293.345 is hereby amended to read as follows:
293.345 [Any registered voter who resides in an election precinct where there are not more than 200 voters may, after the 1st Monday in June and before 5 p. m. on the 4th Thursday in August or after the 1st Tuesday in September and before 5 p. m. on the 4th Tuesday in October of any year in which a general election is to be held, make application in person or by mail to the county clerk of the county in which his precinct is situated for an official mailing ballot to be voted by him at such election.] The county clerk shall mail to each registered voter in each mailing precinct and in each absent ballot mailing precinct, before 5 p. m. on the 4th Thursday in August and before 5 p. m. on the 4th Tuesday in October of any year in which a general election is to be held, an official mailing ballot to be voted by him at such election.
Sec. 20. NRS 293.350 is hereby amended to read as follows:
293.350 1. The county clerk shall:
(a) [Satisfy himself that the applicant for a mailing ballot is qualified to vote;] Make certain of the names and addresses of all voters registered to vote in mailing precincts and absent ballot mailing precincts;
(b) Enroll the name and address of [the applicant, if found eligible,] each voter found eligible to vote in such precincts in the absent ballot record book;
(c) Mark the number of the ballot on the return envelope; and
(d) Mail the ballot to the applicant.
2. The ballot shall be accompanied by:
(a) A stamp and stamp pad;
(b) A return envelope; and
(c) Instructions regarding the manner of stamping and returning the ballot.
Sec. 21. NRS 293.363 is hereby amended to read as follows:
293.363 When the polls are closed, the counting board shall prepare to count the vote. The counting procedure shall be public and continue without adjournment until completed. The counting board shall prepare in the following manner:
κ1961 Statutes of Nevada, Page 291 (CHAPTER 183, SB 184)κ
1. The pollbooks shall be compared and errors corrected until the books agree.
2. The ballot box shall be opened and the ballots contained therein counted by the counting board and opened far enough to ascertain whether each ballot is single. If two or more ballots are found folded together to present the appearance of a single ballot, they shall be laid aside until the count of the ballots is completed. If, on comparison of the count with the pollbook, a majority of the inspectors are of the opinion that the ballots thus folded together were voted by one person, such ballots shall be rejected and placed in an envelope, upon which shall be written the reason for their rejection. The envelope shall be signed by the counting board officers and placed in the ballot box after the count is completed.
3. If the ballots in the box are found to exceed in number the number of names on the pollbooks, the ballots shall be replaced in the box, and a counting board officer, with his back turned to the box shall draw out [and destroy publicly without opening them] a number of ballots equal to the excess. Such excess ballots shall be marked on the back thereof with the words Excess ballots not counted. Such ballots when so marked shall be immediately sealed in an envelope and returned to the county clerk with the other ballots rejected for any cause.
4. When it has been ascertained that the pollbook and the number of ballots agree with the number of names of registered voters shown to have voted, the board shall proceed to count. If there is a discrepancy between the number of ballots and the number of voters, a record of the discrepancy shall be made.
Sec. 22. NRS 293.367 is hereby amended to read as follows:
293.367 1. No ballot which lacks the proper watermark may be counted, but such ballots shall be preserved and returned with the other ballots.
2. No vote may be counted unless indicated by a cross in the appropriate square.
3. An error in marking one or more votes on a ballot shall not invalidate any votes properly marked on such ballot.
4. If more choices than permitted by the instructions are marked for any office or question, the vote for such office or question may not be counted.
5. If it is impossible to determine a voters choice for any office or question, his vote or votes for such office or question may not be counted.
6. A soiled or defaced ballot may not be rejected if it appears that the soiling or defacing was inadvertent and was not done purposely to identify the ballot.
7. Only devices provided for in this chapter may be used in marking ballots.
8. [It] Except as provided in subsection 9, it is unlawful for any election board officer to place any mark upon any ballot other than a spoiled ballot.
9. When an election board officer rejects a ballot for any alleged defect or illegality, such officer shall write upon the back of such ballot a statement that it was rejected and the reason therefor.
κ1961 Statutes of Nevada, Page 292 (CHAPTER 183, SB 184)κ
defect or illegality, such officer shall write upon the back of such ballot a statement that it was rejected and the reason therefor.
Sec. 23. NRS 293.373 is hereby amended to read as follows:
293.373 1. After the tally lists have been completed, the counting board officers shall:
(a) File the voted ballots on a string, enclose and seal them in an envelope marked Election returns, voted ballots.
(b) File the rejected ballots on a string, enclose and seal them in an envelope marked Election returns, rejected ballots.
(c) Place one of the tally lists for regular ballots and one of the pollbooks in an envelope marked Election returns and seal the envelope.
2. The voted ballots, rejected ballots, tally lists for regular ballots, tally list for rejected ballots, challenge list, [election board register,] stubs of used ballots and unused ballots shall be sealed under cover by the counting board officers and addressed to the county clerk.
3. The other pollbooks [and tally lists] , tally lists and election board register shall be returned to the county clerk.
Sec. 24. NRS 293.385 is hereby amended to read as follows:
293.385 1. As soon as the returns from all the precincts and districts in any county have been received by the board of county commissioners such board shall meet and proceed to canvass the returns. The canvass shall be completed on or before the seventh day following the election.
2. The county clerk shall, as soon as the result is declared, enter upon the records of such board an abstract of the result, which shall contain the number of votes cast for each candidate. The board of county commissioners after making such abstract of votes, shall cause the county clerk, by an order made and entered in the minutes of its proceedings, to make a copy of such abstract and transmit the same to the secretary of state within 7 days after the day of election.
3. The secretary of state shall, immediately after any primary, compile the returns for all candidates voted for in more than one county. [, and for all candidates for the assembly and state senate.] He shall make out and file in his office an abstract thereof, and shall certify to the [board of county commissioners] county clerk of each county the name of each person nominated, and the name of the office for which he is nominated.
Sec. 25. NRS 293.390 is hereby amended to read as follows:
293.390 1. On or before the 1st Tuesday after any general election, the board of county commissioners shall open the returns of votes cast and make abstracts of the votes.
2. Abstracts of votes for United States Senator and for Representative in Congress shall be on one sheet, abstracts of votes for district and state officers shall be on one sheet, abstracts of votes for presidential electors shall be on one sheet, abstracts of votes for members of the legislature shall be on one sheet, the abstracts of votes for county and township officers shall be on one sheet, and the abstracts of votes upon any question shall be on one sheet.
κ1961 Statutes of Nevada, Page 293 (CHAPTER 183, SB 184)κ
3. [The board of county commissioners shall cause a certificate of election to be made out by the clerk of the board of county commissioners to each of the persons having the highest number of votes for members of the legislature, district, county and township offices, respectively.] The county clerk shall make out a certificate of election to each of the persons having the highest number of votes for members of the legislature, district, county and township offices.
4. Each such certificate may be delivered to the person elected upon application at the office of the county clerk.
Sec. 26. NRS 293.395 is hereby amended to read as follows:
293.395 No certificate may be withheld because of any defect or informality in the returns of any election, if it can be ascertained with reasonable certainty from such returns what office is intended and who is entitled to such certificate, nor may any commission be withheld by the governor or [board of county commissioners] the county clerk because of any such defect or informality.
Sec. 27. NRS 293.410 is hereby amended to read as follows:
293.410 1. A statement of contest shall not be dismissed by any court for want of form if the grounds of contest are alleged with sufficient certainty to inform the defendant of the charges he is required to meet.
2. An election may be contested upon any of the following grounds:
(a) That the election board or any member thereof was guilty of malfeasance.
(b) That a person who has been declared elected to an office was not at the time of election eligible to that office.
(c) That illegal votes were cast [.] and counted for the defendant, which, if taken from him, will reduce the number of his legal votes below the number necessary to elect him.
(d) That the election board, in conducting the election or in canvassing the returns, made errors sufficient to change the result of the election as to any person who has been declared elected.
(e) That the defendant has given, or offered to give, to any person a bribe for the purpose of procuring his election.
Sec. 28. NRS 293.430 is hereby amended to read as follows:
293.430 1. If the contest is for the office of governor, lieutenant governor or justice of the supreme court, the statement of contest and all depositions, ballots, a record of voting machine counters and all other documents relating to such contest shall be filed with the secretary of state within the time provided herein for filing statements of contests with the clerk of the supreme court.
2. The secretary of state shall deliver the statement of contest and all other papers and documents to the [presiding officer of the senate] speaker of the assembly on or before the second day after the organization of the legislature.
3. A joint session of both houses shall be convened as soon thereafter as the business of both houses permits, but not later than 10 days after receipt of statement of contest.
Sec. 29. NRS 293.437 is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 294 (CHAPTER 183, SB 184)κ
293.437 1. The [board of county commissioners] county clerk may designate any building or buildings, public or otherwise, or any portion of such building or buildings, as the site or sites for any polling place or any number of polling places for any or all of the precincts or districts in the county.
2. If, in the opinion of [such board,] the county clerk, the convenience and comfort of the voters and election officials will be best served by putting two or more polling places in any such building or buildings, or if, in the opinion of [such board,] the county clerk, the expense to the county for polling places can be diminished by putting two or more polling places in any such building or buildings, [it] he may so provide.
3. In precincts where there are no public buildings or other appropriate locations owned by the state, county, township, city, town or precinct, privately owned locations shall be rented at a rate not to exceed $15 for each election.
Sec. 30. NRS 293.460 is hereby amended to read as follows:
293.460 1. Each voting board officer serving in a county shall receive $10 from the county treasury for all services required to be rendered during the election, including those services rendered prior to the opening of the polls and after the closing thereof.
2. Each counting board officer shall receive the sum of $10 for the first 8 hours, and $2 per hour thereafter.
3. Where an election board acts as both voting board and counting board, each member shall receive $10 for the time he acts as a voting board member, and $2 per hour for each hour he acts as a counting board member.
4. Where voting machines are used, each election board officer shall receive the sum of [$15] $20 for his services.
5. Specially appointed deputy sheriffs shall receive $10 as compensation for rendering the services required of the deputy sheriff on election day.
Sec. 31. NRS 293.483 is hereby amended to read as follows:
293.483 Until the time for contest of election has expired, the ballots returned to the county clerk may not be inspected by any person, except in cases of recount or election contest, and then only by the judge, special master [or board] , board or legislative body before whom such election is being contested or who is conducting the recount.
Sec. 32. NRS 293.500 is hereby amended to read as follows:
293.500 1. Any person who, either for himself or another, willfully gives a false answer or answers to questions propounded to him by the registrar or deputy registrar relating to the information called for by the affidavit of registration, or who willfully falsifies his registration affidavit in any particular, or who violates any of the provisions of the election laws of this state, or knowingly encourages another to violate such laws is guilty of a misdemeanor.
2. Any public officer or other person, upon whom any duty is imposed by this Title, who willfully neglects such duty, or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this state, is, except where some other penalty is provided, guilty of a gross misdemeanor.
κ1961 Statutes of Nevada, Page 295 (CHAPTER 183, SB 184)κ
election laws of this state, is, except where some other penalty is provided, guilty of a gross misdemeanor.
3. If such person is a public officer, his office is forfeited [.] upon conviction of any offense provided for in subsection 2.
4. Any person who causes or endeavors to cause his name to be registered, knowing that he is not an elector, or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he causes or endeavors to cause such registration to be made and any other person who induces, aids, or abets any such person in the commission of either of such acts is guilty of a misdemeanor.
Sec. 33. NRS 293.507 is hereby amended to read as follows:
293.507 1. Except as provided in section 1 of article 2 of the constitution of the State of Nevada, every citizen of the United States, 21 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of the next succeeding primary or general election, and who has registered in the manner provided in this chapter, shall be entitled to vote at such election.
2. This section shall not be construed to exclude the registration of eligible persons whose 21st birthday occurs on or before the next succeeding [primary or general] primary, general or other election.
Sec. 34. NRS 293.547 is hereby amended to read as follows:
293.547 [Any] Except as provided in NRS 293.583, any elector who has changed his residence subsequent to the last preceding general election from one precinct or district to another within the same county shall not be eligible to vote unless he reregisters.
Sec. 35. NRS 293.563 is hereby amended to read as follows:
293.563 The county clerk shall cancel an affidavit of registration:
1. If he has personal knowledge of the death of the person registered, or if an authenticated certificate of the death of any elector is filed in his office; or
2. If the insanity of the person registered is legally established; or
3. Upon the production of a certified copy of the judgment of conviction of the person registered of a felony; or
4. Upon the production of a certified copy of the judgment of any court directing the cancellation to be made; or
5. Upon the request of any registered voter to affiliate with any political party, or to change his affiliation, if such change is made before the end of the last day for filing declarations of candidacy for a primary election; or
6. Upon the request of any registered voter who has changed his name, if such voter satisfies the registrar that such change has been legally effected; or
7. At the request of the person registered.
8. When any registered voter fails to vote in any general election.
Sec. 36. NRS 295.010 is hereby amended to read as follows:
295.010 1. The first power reserved by the people is the initiative.
2. [Ten percent or more of the registered voters of this state as shown by the number of voters who voted at the last preceding general election may propose any measure for adoption by an initiative petition.]
κ1961 Statutes of Nevada, Page 296 (CHAPTER 183, SB 184)κ
shown by the number of voters who voted at the last preceding general election may propose any measure for adoption by an initiative petition.] Any measure may be proposed for adoption by an initiative petition signed by not less than 10 percent of the registered voters of each of not less than 75 percent of the counties in the state, but the total number of registered voters proposing the measure shall be not less than 10 percent of all the registered voters of the state. The total number of votes cast at the general election last preceding the filing of the initiative petition shall be the basis on which the number of registered voters required to sign the petition shall be counted.
3. Every such petition shall include the full text of the measure so proposed.
4. The enacting clause of all bills proposed by the initiative shall be: The People of the State of Nevada do enact as follows:.
Sec. 37. NRS 298.040 is hereby amended to read as follows:
298.040 In case of the death or absence of any presidential elector chosen, or if the number of presidential electors shall from any cause be deficient, [the presidential electors then present shall forthwith elect, from the qualified electors of the state, as many persons as will supply the deficiency.] the national committeewoman, the national committeeman and the state chairman of the party whose nominees for President and Vice President received the greatest number of votes in the state at the next preceding general election shall forthwith elect, from the qualified electors of this state registered as affiliated with such prevailing party, as many persons as will supply the deficiency. A majority of such three party officials shall be sufficient to fill such vacancies.
Sec. 38. NRS 298.050 is hereby amended to read as follows:
298.050 The presidential electors, when convened, shall vote by ballot for one person for President and one person for Vice President of the United States, one of whom, at least, shall not be an inhabitant of this state. The presidential electors shall vote only for the nominees for President and Vice President of the party that prevailed in this state in the preceding general election.
Sec. 39. Chapter 293 of NRS is hereby amended by adding thereto the provisions set forth as sections 40 to 52, inclusive, of this act.
Sec. 40. Judicial office means the office filled by any judicial officer.
Sec. 41. Judicial officer means any justice of the supreme court, any judge of a district court or any justice of the peace.
Sec. 42. Oath includes affirmation.
Sec. 43. Rejected ballot means a ballot rejected by the election board or counting board for any reason required or authorized by this chapter.
Sec. 44. Voting district means an area formed by the consolidation of two or more contiguous precincts.
Sec. 45. The offices for which there are candidates and the names of the candidates therefor shall be listed in the order in which they are certified by the secretary of state.
κ1961 Statutes of Nevada, Page 297 (CHAPTER 183, SB 184)κ
certified by the secretary of state. Such offices and names shall be followed by the county and other offices for which there are candidates with the names of the candidates for such offices listed in alphabetical order.
Sec. 46. 1. The voted ballots, rejected ballots, spoiled ballots, tally lists, challenge lists and stubs of the ballots used, enclosed and sealed, shall, after canvass of the votes by the board of county commissioners, be deposited in the vaults of the county clerk, and preserved until the next general election, after which they may be destroyed.
2. The pollbooks and tally lists deposited with the board of county commissioners shall be subject to the inspection of any elector who may wish to examine the same at any time after their deposit with the county clerk.
3. The ballots deposited with the county clerk shall not be subject to the inspection of anyone, except in cases of contested election, and then only by the judge, body or board before whom such election is being contested.
Sec. 47. 1. In each incorporated city in this state, it shall not be necessary to have a new registration of electors prior to any special or regular municipal election.
2. During the time intervening between the closing of any registration of electors prior to the last preceding general election, and the date of the next ensuing regular or special municipal election, the county registrar shall prepare for the city clerk of each incorporated city within his county the official register containing the original registration affidavits of all electors eligible to vote at such regular or special municipal election.
3. The official register shall be prepared in suitable books, one for each ward or other voting district within each incorporated city, and the original registration affidavits shall be arranged alphabetically with the surnames first.
4. The county registrar shall keep duplicate copies of the registration affidavits contained in the official register in his office.
Sec. 48. 1. Not later than 3 days preceding the day on which a municipal election is to be held, the county registrar shall prepare a checklist for each ward or other voting district in the city. Each checklist shall:
(a) Be prepared in an index book and shall contain the names and addresses of all electors eligible to vote at such election for each ward or other voting district arranged alphabetically with surnames first.
(b) Have a blank column at the right of the column of names formed by two parallel perpendicular lines with a written heading showing the particular election to which the checklist applies.
2. Election board members shall check the names of those persons voting, indicating by some particular symbol, such as V for voted.
Sec. 49. Not later than 3 days before the day on which any regular or special municipal election is held, the county registrar shall deliver to the city clerk:
κ1961 Statutes of Nevada, Page 298 (CHAPTER 183, SB 184)κ
1. The official register for the city.
2. The checklists for each ward or voting district therein.
Sec. 50. The city council or other governing body of the city shall provide all necessary books, ballots and supplies for the proper conduct of municipal elections.
Sec. 51. If the city council or other governing body of the city deems it necessary or expedient, it shall cause a list of the electors registered to vote at any municipal election to be published.
Sec. 52. 1. As full compensation for all services rendered under the provisions of sections 47 to 51, inclusive, of this act, the county registrar shall be entitled to receive the sum of 15 cents for each name of an elector copied by him, regardless of the number of times each name is copied.
2. His account shall be:
(a) A valid claim against the city.
(b) Made out so as to show clearly the number of names copied by him.
(c) Sworn to and filed with the city council or other governing body of the city.
3. His claim, together with all other just and reasonable demands of other persons for books, advertising and supplies necessarily incurred in carrying out the requirements of sections 47 to 51, inclusive, of this act, shall be audited and paid out of the general fund of the city.
Sec. 53. NRS 244.145, 293.047, 293.347, 293.357, 293.360 and 293.485 are hereby repealed.
Sec. 54. NRS 293.575 is hereby amended to read as follows:
293.575 Any elector of this state who is [a member of the Armed Forces] in the service of the United States and by reason thereof is beyond the boundaries of this state, and who has not theretofore registered or whose registration has been canceled, may, at any time, request from the county clerk of the county of such electors residence by mail, telephone or telegram an affidavit of registration. The county clerk, if satisfied that the elector is eligible for registration, shall forward the affidavit immediately. The county clerk shall, upon receipt of the completed affidavit, file it in the manner provided by law.
Sec. 55. NRS 293.577 is hereby amended to read as follows:
293.577 If the spouse or a dependent of an elector referred to in NRS 293.575 is an elector of this state but has not been registered, or his registration has been canceled, and such spouse or dependent of the elector is required, by reason of the [enlistment in or induction into the Armed Forces of the United States of the elector,] electors being in the service of the United States, to reside beyond the boundaries of this state, such spouse or dependent may register in the manner provided by NRS 293.575.
Sec. 56. NRS 293.587 is hereby amended to read as follows:
293.587 1. Not less than 8 days before any election, the county clerk shall cause the deputy registrar of each precinct or district to post at least one list of the registered voters in at least one conspicuous place within the proper precinct or district outside of incorporated cities.
κ1961 Statutes of Nevada, Page 299 (CHAPTER 183, SB 184)κ
place within the proper precinct or district outside of incorporated cities.
2. On or before the 4th Monday in August preceding a primary election and on or before the 4th Monday in October preceding a general election, the county clerk shall:
[(a) Cause to be published once in each of the newspapers circulated in different parts of the county a list of all registered voters, segregated by precincts or districts, within the circulation area of each newspaper; or
(b) Cause to be published once in a newspaper circulated in the county a segregated listing for the entire county;
(c) Cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing such voter of the location of his polling place.] (a) Cause to be mailed to each registered voter in the county a sample ballot for his precinct with a notice informing such voter of the location of his polling place; and
(b) Cause to be published once in each of the newspapers circulated in different parts of the county a list of all registered voters, segregated by precincts or districts, within the circulation area of each newspaper, or cause to be published once in a newspaper circulated in the county a segregated listing for the entire county.
3. The county may not pay more than 10 cents per name to each newspaper publishing the list.
Sec. 57. This act shall become effective upon its passage and approval.
________
Assembly Bill No. 9Mr. Posin
CHAPTER 184
AN ACT to amend chapter 281 of NRS, relating to public offices and officers generally, by adding a new section prohibiting filing nomination papers for or holding more than one salaried elective office at the same time; providing certain exceptions; preserving existing terms; and providing other matters properly relating thereto.
[Approved March 28, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as otherwise provided in subsection 2, no person may:
(a) File nomination papers for more than one salaried elective office at any election.
(b) Hold more than one salaried elective office at the same time.
2. The provisions of subsection 1 shall not be construed to prevent any person from filing nomination papers for or holding an elective office of any special district (other than a school district), such as an irrigation district, a local or general improvement district, a soil conservation district or a fire protection district, and at the same time filing nomination papers for or holding an elective office of the state, or any political subdivision or municipal corporation thereof.
κ1961 Statutes of Nevada, Page 300 (CHAPTER 184, AB 9)κ
irrigation district, a local or general improvement district, a soil conservation district or a fire protection district, and at the same time filing nomination papers for or holding an elective office of the state, or any political subdivision or municipal corporation thereof.
Sec. 2. Any person who is an incumbent in two or more elective offices on July 1, 1961, shall be entitled to serve the remainder of the terms for which he was elected or appointed.
________
Senate Bill No. 141Senator Monroe
CHAPTER 185
AN ACT to amend NRS sections 244.640 and 244.645, relating to county powers concerning recreational facilities and the creation and organization of county fair and recreation boards, by allowing creation of county fair and recreation boards in counties having a population of 11,000 or more and less than 30,000; and by providing for the composition of such boards in such counties; to repeal NRS section 244.655, relating to the creation of a county fair and recreation board when a county attains a population of 30,000; and providing other matters properly relating thereto.
[Approved March 28, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.640 is hereby amended to read as follows:
244.640 1. In addition to powers elsewhere conferred upon counties, any county [having a population, according to the 1950 United States census or any subsequent United States decennial census, or more than 30,000,] having a population of 11,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, is authorized and empowered:
(a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better fairgrounds, exposition buildings, convention halls, auditoriums, fieldhouses, amusement halls, public parks, playgrounds, swimming pools, golf courses, recreation centers, other recreational facilities and buildings therefor, and improvements incidental thereto;
(b) To equip and furnish the same;
(c) To acquire a suitable site or grounds for any recreational facilities; and
(d) To issue bonds therefor, at one time, or from time to time.
2. Recreational facilities shall be deemed to include, without limiting the generality of the provisions of subsection 1, such buildings, incidental improvements, equipment, furnishings, sites and grounds as are used for recreational purposes.
Sec. 2. NRS 244.645 is hereby amended to read as follows:
244.645 1. Whenever the board of county commissioners of any [such] county desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive.
κ1961 Statutes of Nevada, Page 301 (CHAPTER 185, SB 141)κ
inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county; and
(b) Cause a certified copy of the resolution to be mailed by registered mail to the mayor or other chief executive officer of each incorporated city within the county.
2. [Each] In counties having a population of 30,000 or more, each incorporated city within the county shall be represented on the county fair and recreation board by one member for each 25,000 population or fraction thereof within the city, [as evidenced by the latest United States census,] but no city shall have more than three members on a board. In counties having a population of 11,000 or more and less than 30,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member. Any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered mail to the county clerk.
3. [Two] In counties having a population of 30,000 or more, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of 11,000 or more and less than 30,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.
Sec. 3. NRS 244.655 is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 302κ
Assembly Bill No. 121Mr. Bailey
CHAPTER 186
AN ACT to amend NRS sections 392.400, 392.410 and 483.160, relating to vehicles used for the transportation of pupils, by authorizing the state department of education to inspect such vehicles; by providing that such vehicles shall be equipped according to regulations prescribed by the state board of education; by changing the definition of school bus; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 392.400 is hereby amended to read as follows:
392.400 1. All vehicles used in the transportation of pupils shall be:
(a) In good condition and state of repair.
(b) Well equipped, and shall contain sufficient room and seats so that the driver and each pupil being transported shall have a seat inside the vehicle. Each pupil shall remain seated when the vehicle is in motion.
(c) Subject to safety inspections at all times by agents and employees of the department of motor vehicles [,] and the state department of education, who shall make recommendations to the superintendent of schools of the school district where such vehicle is operating for the correction of any defects discovered thereby.
2. If the superintendent of schools fails or refuses to take appropriate action to have such defects corrected within 10 days after receiving notice thereof from the department of motor vehicles [,] or the state department of education, he shall be guilty of a misdemeanor, and upon conviction thereof may be removed from office.
3. On and after July 1, 1956, all vehicles used for transporting pupils shall meet the specifications determined by the state board of education.
4. Any person violating any of the requirements of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 15 days nor more than 6 months, or by both fine and imprisonment.
Sec. 2. NRS 392.410 is hereby amended to read as follows:
392.410 1. When operated for the transportation of pupils, every school bus shall be equipped with [:
(a) A first aid kit, an ax, and a fire extinguisher containing a extinguishing substance other than tetrachloride.
(b) A mechanical appliance, either automatic or hand operated, on the drivers side, to be extended outward when stopping as a warning to drivers of other vehicles that the school bus is about to stop.
(c) A] a flashing red-light system of a type approved by the department of motor vehicles, and installed at the expense of the school district or operator. The driver shall operate this signal: [only:
(1)] (a) When pupils are unloading from the bus. [to cross a street, highway or road.
κ1961 Statutes of Nevada, Page 303 (CHAPTER 186, AB 121)κ
(2)] (b) When the bus is stopped for the purpose of loading pupils. [who must cross a highway, street or road to board the bus.
(3)] (c) In times of emergency or accident.
2. [When operated for transportation of pupils, every school bus shall bear upon the front and rear thereof a plainly visible sign containing the words School Bus in letters not less than 8 inches in height. Upon every such sign the letters shall be of proportionate width. It shall be unlawful for any person to display such a sign upon any vehicle other than a school bus.
3. Each new school bus shall be equipped with a rear escape door of a type approved by the department of motor vehicles.
4.] In addition to the equipment required by subsection 1, each school bus shall be equipped and identified as required by the regulations of the state board of education.
3. The agents and employees of the department of motor vehicles and the state department of education may inspect school buses to determine if the provisions of this section concerning equipment and identification of such school buses have been complied with, and shall report any violations discovered thereby to the superintendent of schools of the school district wherein such vehicles are operating.
[5.] 4. If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of such violation from the department of motor vehicles [,] or the state department of education, he shall be guilty of a misdemeanor, and upon conviction thereof may be removed from office.
[6.] 5. Any person who violates any of the provisions or requirements of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment in the county jail for not less than 15 days nor more than 6 months, or by both fine and imprisonment.
Sec. 3. NRS 483.160 is hereby amended to read as follows:
483.160 School bus means every motor vehicle [owned by a public or governmental agency and operated for the transportation of children to or from school, or privately owned and operated for compensation for the transportation of children to or from school.] regularly used for the transportation of pupils to or from school or school activities, except motor vehicles of the pleasure car type when carrying not more than eight pupils and the driver.
________
κ1961 Statutes of Nevada, Page 304κ
Assembly Bill No. 147Messrs. Baker, Romeo and Bybee
CHAPTER 187
AN ACT to amend chapter 484 of NRS, relating to traffic laws, by adding a new section prescribing the duties of a driver involved in an accident resulting in property damage only; imposing penalties; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 484 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The driver of any vehicle involved in an accident resulting only in damage to fixtures or other property legally upon or adjacent to a highway shall:
(a) Take reasonable steps to locate and notify the owner or person in charge of such property of the damage, his name and address, and the license number of the vehicle he is driving; and
(b) Exhibit his operators or chauffeurs license upon request if available; and
(c) Report the accident in the manner provided in NRS 484.020, and otherwise comply with such section as if the accident involves striking or colliding with an unattended vehicle.
2. Any person violating any of the provisions of this section is guilty of a misdemeanor.
________
Assembly Bill No. 160Messrs. Waters and Viani
CHAPTER 188
AN ACT to amend NRS sections 223.050 and 224.050, relating to the salary of the governor and the salary, allowances and expenses of the lieutenant governor, by increasing such salaries to be effective following the expiration of the terms of office of the incumbent office holders; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 223.050 is hereby amended to read as follows:
223.050 [1.] The annual salary of the governor shall be [$7,600.] $18,000. From and after the expiration of the present term of the governor, his successor and successors in office thereafter shall receive an annual salary of [$18,000.] $20,000.
[2. From July 1, 1955, until 12 p. m. of the 1st Monday of January 1959, the governor, as chairman of the Nevada tax commission, shall receive an annual salary of $7,400, payable from the general fund at the times and in the manner provided by law.]
κ1961 Statutes of Nevada, Page 305 (CHAPTER 188, AB 160)κ
Sec. 2. NRS 224.050 is hereby amended to read as follows:
224.050 1. The lieutenant governor shall receive an annual salary of $2,400. From and after the expiration of the present term of the lieutenant governor, his successor and successors in office thereafter shall receive an annual salary of $3,600.
2. In addition to the annual salary provided for in subsection 1, the lieutenant governor shall receive $25 per day for such times as he may be actually employed as governor or president of the senate, and if he travels daily from his home to sessions of the legislature, he shall be allowed for each mile between the capital and his home, for each day the senate is actually convened, travel expenses at the rate of 10 cents per mile traveled.
3. In addition to the salary provided in subsections 1 and 2, if the lieutenant governor does not travel from home daily but takes up a temporary residence in the vicinity of the capital for the duration of the legislative session, he shall be allowed a per diem expense allowance of $15 for each day he is away from his home and for the entire period that the legislature is in session.
4. The lieutenant governor shall receive the per diem allowance and travel expenses as provided by law for state officers and employees when acting as governor, or when discharging other official duties as lieutenant governor, at times when the legislature is not in session
________
Assembly Bill No. 162Messrs. Waters and Viani
CHAPTER 189
AN ACT to amend NRS sections 225.050, 226.090, 227.060, 228.070, 344.020 and 512.070, relating to the salaries and compensation for other duties of the secretary of state, the state treasurer, the state controller, the attorney general, the superintendent of state printing and the inspector of mines, by increasing the salaries of such officers after the expiration of the terms of office of the incumbent office holders; deleting obsolete language; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 225.050 is hereby amended to read as follows:
225.050 [1.] The annual salary of the secretary of state shall be [$6,600.] $10,000. From and after the expiration of the present term of the secretary of state, his successor and successors in office thereafter shall receive an annual salary of [$10,000.] $12,000.
[2. From July 1, 1957, until 12 p. m. of the 1st Monday of January 1959, the secretary of state as ex officio secretary of the state bond trust administration shall receive an annual salary of $3,400, payable from the general fund at the times and in the manner provided by law.]
κ1961 Statutes of Nevada, Page 306 (CHAPTER 189, AB 162)κ
Sec. 2. NRS 226.090 is hereby amended to read as follows:
226.090 [1.] The annual salary of the state treasurer shall be [$6,600.] $10,000. From and after the expiration of the present term of the state treasurer, his successor and successors in office thereafter shall receive an annual salary of [$10,000.] $12,000.
[2. From July 1, 1957, until 12 p. m. of the 1st Monday of January 1959, the state treasurer as ex officio state disbursing officer for the Federal Government shall receive an annual salary of $3,400, payable from the general fund at the times and in the manner provided by law.]
Sec. 3. NRS 227.060 is hereby amended to read as follows:
227.060 [1.] The annual salary of the state controller shall be [$6,600.] $10,000. From and after the expiration of the present term of the state controller, his successor and successors in office thereafter shall receive an annual salary of [$10,000.] $12,000.
[2. From July 1, 1957, until 12 p. m. of the 1st Monday of January 1959, the state controller as ex officio state fiscal officer shall receive an annual salary of $3,400, payable from the general fund at the times and in the manner provided by law.]
Sec. 4. NRS 228.070 is hereby amended to read as follows:
228.070 1. The annual salary of the attorney general shall be [$7,000.] $15,000. From and after the expiration of the present term of the attorney general, his successor and successors in office thereafter shall receive an annual salary of [$15,000, but shall not engage in the private practice of law.] $17,000.
[2. From July 1, 1957, until 12 p. m. of the 1st Monday of January 1959, the attorney general as an ex officio director of the department of highways shall receive an annual salary of $6,500, payable from the general fund at the times and in the manner provided by law.]
2. The attorney general shall not engage in the private practice of law.
Sec. 5. NRS 344.020 is hereby amended to read as follows:
344.020 [1.] The annual salary of the superintendent of state printing shall be [$6,600.] $10,000. From and after the expiration of the present term of the superintendent of state printing, his successor and successors in office shall receive an annual salary of [$10,000.] $12,000.
[2. From July 1, 1957, until 12 p. m. of the 1st Monday of January, 1959, the superintendent of state printing shall receive an added annual salary of $3,400, payable from the general fund at the times and in the manner provided by law.]
Sec. 6. NRS 512.070 is hereby amended to read as follows:
512.070 [1.] The annual salary of the inspector of mines shall be [$6,600.] $10,000. From and after the expiration of the present term of the inspector of mines, his successor and successors in office thereafter shall receive an annual salary of [$10,000.] $12,000.
κ1961 Statutes of Nevada, Page 307 (CHAPTER 189, AB 162)κ
[2. From July 1, 1957, until 12 p. m. of the 1st Monday of January 1959, the inspector of mines shall receive an added annual salary of $3,400 to be paid from the general fund.]
________
Assembly Bill No. 215Mr. Tyson
CHAPTER 190
AN ACT to amend NRS section 3.370, relating to official reporters, by increasing the fees of such reporters.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.370 is hereby amended to read as follows:
3.370 1. For his or her services the official reporter shall receive the following fees:
(a) For reporting testimony and proceedings, [$20] $30 per day, which amount, when more than one case is reported in 1 day, must be apportioned by the court between the several cases.
(b) For transcription, 25 cents per folio for the first copy, and 10 cents per folio for each additional copy.
2. In criminal cases the fees for reporting and for transcripts ordered by the court to be made must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his or her reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in like manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to such official reporter in lieu of per diem and transcribing fees in criminal cases; the salary, and also actual traveling expenses in cases where the reporter acts in more than one county, to be prorated by the judge on the basis of time consumed by criminal work in the respective counties; the salary and traveling expenses to be paid out of the respective county treasuries upon the order of the court.
3. In civil cases the fees for reporting and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at his option, pay the whole thereof. In either case all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The fees for transcripts and copies ordered by the parties must be paid by the party ordering the same. No reporter must be required to perform any service in a civil case until his fees have been paid to him or her or deposited with the clerk of the court.
κ1961 Statutes of Nevada, Page 308 (CHAPTER 190, AB 215)κ
4. Where a transcript is ordered by the court or by any party, the fees for the same shall be paid to the clerk of the court and by him paid to the reporter upon the furnishing of the transcript.
________
Assembly Bill No. 283Clark County Delegation
CHAPTER 191
AN ACT to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of chapter I of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as amended by chapter 132, Statutes of Nevada 1949, at page 220, is hereby amended to read as follows:
Section 1. Creation of Municipality. All persons, inhabitants of that portion of Clark County, Nevada, embraced within the limits hereinafter set forth shall be and constitute a body politic and corporate by the name and style of The City of Las Vegas, and by that name and style they and their successors shall be known in law, have perpetual succession and sue and be sued in all courts. The boundaries of the said city shall include all the inhabitants, land, tenements, and property included in sections 26 to 35, inclusive, township 20 south, range 61 east, Mount Diablo base and meridian; sections 2 to 5, inclusive, in township 21 south, range 61 east, Mount Diablo base and meridian; the south half (S 1/2) of the southwest quarter (SW 1/4) of section 22, township 20 south, range 61 east, Mount Diablo base and meridian; that portion of section 36, township 20 south, range 61 east, Mount Diablo base and meridian, described as follows:
From a point on the easterly boundary of Sunrise Park Tract No. 1 as recorded in book 2 of plats, page 2 Clark County Records, said point lying N. 0° 27′ 45ʺ E. a distance of 750.00 feet from a certain concrete monument denoting the center line intersection of Sunrise street and Second street in said subdivision; thence N. 89° 32′ 30ʺ W. a distance of 30.00 feet to the true point of beginning; thence N. 0° 27′ 45ʺ E. a distance of 500.00 feet to a point; thence N. 89° 32′ 00ʺ W. a distance of 527.65 feet to a point, thence S. 2° 22′ 15ʺ W. a distance of 500.34 feet to a point, thence S. 89° 32′ 30ʺ E. a distance of 544.31 feet to the point of beginning, containing 6.15 acres, more or less; the west one-half (W 1/2) of the northeast quarter (NE 1/4) and the west 575.7 feet of the southeast quarter (SE 1/4) of the northeast quarter (NE 1/4), section 6, township 21 South, range 61 East; Tankels North Addition No.
κ1961 Statutes of Nevada, Page 309 (CHAPTER 191, AB 283)κ
Addition No. 2; the northwest quarter (NW 1/4) of the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4), and the north one-half (N 1/2) of the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4), section 25, township 20 South, range 61 East; Blocks 3, 4, and 6, and Lots 12 through 19 of Block 2 of Fishers Fremont Street Boulder Dam Highway First Subdivision; and, also, such other and additional lands and tenements as may, at any time heretofore or hereafter, be embraced or included within established limits of said city as hereinafter provided. Such city shall have such powers, rights, authority, duties, privileges, and obligations as are hereinafter set out and prescribed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 309Messrs. Briare, Gibson, Posin, Tyson, Hafen, Bunker, Bybee, Palludan and Bastian
CHAPTER 192
AN ACT to amend NRS section 205.130, relating to the issuance of checks without sufficient funds or with intent to defraud, by changing the provisions relating to presumptions of intent to defraud and to notice of refusal to pay checks; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
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 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.
κ1961 Statutes of Nevada, Page 310 (CHAPTER 192, AB 309)κ
arrangement or understanding with the person, firm, corporation, bank or depositary for the payment of such check, order or draft.
3. 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 [,] because of insufficient funds, 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 has been sent to the maker or drawer that such check, draft or order has not been paid by the drawee. Such notice shall be sent to the maker or drawer by registered mail, return receipt requested, at the address on the check, draft or order. Return of the notice because of nondelivery to the maker or drawer raises a rebuttable presumption of intent to defraud. Refusal of payment by the drawee because of a nonexistent account is prima facie evidence of intent to defraud.
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 boldface 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 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 by both such fine and imprisonment, and the issuance of such a check by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 5 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.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 311κ
Assembly Bill No. 311Committee on State Institutions
CHAPTER 193
AN ACT to amend NRS sections 209.280 and 209.290, relating to credits for the reduction of sentences of convicts in the Nevada state prison, by authorizing the board of state prison commissioners to adopt regulations allowing such credits for diligence in labor or study and for blood donations; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.280 is hereby amended to read as follows:
209.280 1. Every convict who shall have no infraction of the rules and regulations of the prison, or laws of the state, recorded against him, and who performs in a faithful, orderly and peaceable manner the duties assigned to him, shall be allowed for his term a deduction of 2 months in each of the first 2 years, 4 months in each of the next 2 years, and 5 months in each of the remaining years of the term, and pro rata for any part of a year where the sentence is for more or less than a year.
2. The mode of reckoning credits shall be as shown in the following table:
SCHEDULE OF CREDITS
Number of Good Time to be
years of time Total good served if full
sentence granted time made time is made
1st year 2 months 2 months 10 months
2nd year 2 months 4 months 1 year, 8 months
3rd year 4 months 8 months 2 years, 4 months
4th year 4 months 1 year 3 years
5th year 5 months 1 year, 5 months 3 years, 7 months
6th year 5 months 1 year, 10 months 4 years, 2 months
7th year 5 months 2 years, 3 months 4 years, 9 months
8th year 5 months 2 years, 8 months 5 years, 4 months
9th year 5 months 3 years, 1 month 5 years, 11 months
10th year 5 months 3 years, 6 months 6 years, 5 months
and so on through as many years as may be the term of the sentence.
3. In addition to the credits for good behavior provided for in subsection 1, the board may adopt regulations allowing credits for convicts whose diligence in labor or study surpasses the general average and for convicts who donate their blood for charitable purposes.
4. Each convict shall be entitled to [these] the deductions allowed by this section unless the board shall find that for misconduct or other cause reported by the warden he shall not receive them.
Sec. 2. NRS 209.290 is hereby amended to read as follows:
209.290 1. If any convict shall:
(a) Commit any assault upon his keeper or any foreman, officer, convict or person, or otherwise endanger life; or
κ1961 Statutes of Nevada, Page 312 (CHAPTER 193, AB 311)κ
(b) Be guilty of any flagrant disregard of the rules of the prison; or
(c) Commit any misdemeanor; or
(d) In any manner violate any of the rules and regulations of the prison,
he shall forfeit all deductions of time earned by him [for good conduct] before the commission of such offense, or that [under NRS 209.280] he may earn in the future, or shall forfeit such part of such deductions as to the board may seem just.
2. A forfeiture, however, shall be made only by the board after due proof of the offense and notice to the offender, and no forfeiture shall be imposed when a convict has violated a rule without violence or evil intent, of which the board shall be the sole judges.
3. The board shall have the power to restore credits forfeited for such reasons as by it may seem proper.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 325Messrs. Tyson, Gibson, Kean and Von Tobel
CHAPTER 194
AN ACT to amend chapter 625 of NRS, relating to professional engineers and surveyors, by adding a new section requiring surveyors to obtain seals; to amend NRS sections 625.040, 625.050, 625.330, 625.390, 625.410, 625.460, 625.480, 625.520, 625.560 and 625.570, defining the practice of land surveying and professional engineering and relating to preparation of maps, license fees, revocation or suspension of certificates, persons exempt from the chapter, unlawful practice of engineering, penalties, and public employees with a private surveying practice, by requiring surveyors to stamp documents with a seal; by adding a nonresidents permit fee; by adding new grounds for revoking certificates; by allowing a registrant to be placed on probation; by exempting from the provisions of the chapter nonresident engineers and surveyors who obtain temporary permits; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 625 of NRS is hereby amended by adding thereto a new section which shall read as follows:
On or before July 1, 1961, each registered land surveyor shall obtain a seal of a design authorized by the board, bearing such surveyors name and the legend Registered Land Surveyor. The legend Registered Professional Engineer shall not be used.
Sec. 2. NRS 625.040 is hereby amended to read as follows:
625.040 1. Within the meaning of this chapter, a person who, in a private or public capacity, does or offers to do any one or more of the following practices land surveying:
(a) Locates, relocates, establishes, reestablishes or retraces any property line or boundary of any tract of land or any road, right-of-way, easement, alignment or elevation of any of the fixed works embraced within the practice of professional engineering as described in NRS 625.050.
κ1961 Statutes of Nevada, Page 313 (CHAPTER 194, AB 325)κ
easement, alignment or elevation of any of the fixed works embraced within the practice of professional engineering as described in NRS 625.050.
(b) Makes any survey for the subdivision or resubdivision of any tract of land.
(c) Determines, by the use of the principles of land surveying, the position for any monument or reference point which marks a property line, boundary or corner, or sets, resets or replaces any such monument or reference point.
(d) Determines the configuration or contour of the earths surface or the position of fixed objects thereon or related thereto, by means of measuring lines and angles, and applying the principles of trigonometry.
(e) Geodetic or cadastral surveying.
(f) Municipal and topographic surveying.
(g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in paragraphs (a), (b), (c), (d), (e) and (f) of this subsection.
(h) Indicates in any capacity or in any manner, by the use of the title land surveyor, or by any other title or by any other representation, that he practices or offers to practice land surveying in any of its branches.
(i) Procures or offers to procure surveying work for others or for himself.
(j) Manages or conducts as manager, proprietor or agent any place from which land surveying work is solicited, performed or practiced.
2. A person practices land surveying when he professes to be a land surveyor or is in responsible charge of land surveying work.
3. Surveys made exclusively for geological or landscaping purposes, or aerial photographs or photogrammetry, not involving any of the practices specified in subsection 1, do not constitute land surveying within the meaning of this chapter.
4. [Surveys authorized under this chapter do] The practice of land surveying does not include the design, either in whole or in part, of any structure or fixed works embraced in the practice of professional engineering as defined in NRS 625.050.
Sec. 3. NRS 625.050 is hereby amended to read as follows:
625.050 1. Within the meaning and intent of this chapter, the practice of professional engineering includes any professional service such as surveying, consultation, investigation, evaluation, planning and design, or responsible supervision of construction or operation in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, wherein the public welfare or the safeguarding of life, health or property is concerned or involved, when such professional services require the application of engineering principles and data.
2. The practice of engineering shall not include land surveying or the work ordinarily performed by persons who operate or maintain machinery or equipment.
κ1961 Statutes of Nevada, Page 314 (CHAPTER 194, AB 325)κ
Sec. 4. NRS 625.330 is hereby amended to read as follows:
625.330 1. A registered land surveyor may practice land surveying and prepare maps, plats, reports, descriptions or other documentary evidence in connection therewith.
2. Every map, plat, report, description or other document issued by a registered land surveyor shall be signed by him, endorsed with his certificate number, and [may be] stamped with his seal, whenever such map, plat, report, description or other document is filed as a public record filed with any public authority, or [is] delivered as a formal or final document.
Sec. 5. NRS 625.390 is hereby amended to read as follows:
625.390 The board shall have power:
1. To charge and collect from each applicant for registration as a professional engineer or land surveyor an application fee of $15 to be retained by the board.
2. To charge and collect a registration fee of $10.
3. To charge and collect from each applicant for registration as an engineer-in-training a fee of $10, which shall include the cost of examination and the issuance of a certificate as an engineer-in-training. When registration as a professional engineer or land surveyor is completed by an engineer-in-training, he shall pay an additional fee of $15 before issuance of a license as a professional engineer.
4. To charge and collect from each person upon his first application during a calendar year for a nonresidents permit a fee of $25, which shall include the cost of issuing any subsequent permits during the calendar year.
5. To require the annual renewal of each certificate and to collect therefor an annual fee of not to exceed $10.
Sec. 6. NRS 625.410 is hereby amended to read as follows:
625.410 The board shall have the power to revoke or suspend the certificate of registration of any registrant who is found guilty of:
1. The practice of any fraud or deceit in obtaining a certificate of registration.
2. Any gross negligence, incompetency or misconduct in the practice of professional engineering as a registered professional engineer or in the practice of land surveying as a registered land surveyor.
3. Aiding or abetting any person in the violation of any provision of NRS 625.330 relating to the preparation of maps, plats and reports.
4. A felony or any crime involving moral turpitude.
Sec. 7. NRS 625.460 is hereby amended to read as follows:
625.460 If, after a hearing, three or more members of the board vote in favor of finding the accused registrant guilty, the board shall:
1. Revoke the certificate of registration of such registered professional engineer or registered land surveyor; or
2. At its discretion, suspend the license or place the registrant on probation for such periods as it deems necessary.
Sec. 8. NRS 625.480 is hereby amended to read as follows:
625.480 The following persons shall be exempt from the provisions of this chapter:
κ1961 Statutes of Nevada, Page 315 (CHAPTER 194, AB 325)κ
1. A person not a resident of and having no established place of business in this state, practicing or offering to practice the profession of engineering in this state for not more than 30 days in any calendar year, if:
(a) He shall have filed an application with and received from the board a permit for a definite period of time for each job on which he works;
(b) He shall have paid the fee required by subsection 4 of NRS 625.390; and
(c) He is legally qualified to practice the profession in his own state or country.
2. A person not a resident of and having no established place of business in this state, or who has recently become a resident of this state, practicing or offering to practice the profession of engineering in this state for [not] more than [60] 30 days in any calendar year, if:
(a) He shall have filed an application with the board for a certificate of registration and paid the fee required by this chapter; and
(b) He is legally qualified to practice the profession in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this chapter.
The exemption shall continue only for such time as the board requires for the consideration of the application for registration.
[2.] 3. An employee or a subordinate of a person holding a certificate of registration under this chapter, or an employee of a person exempted from registration by [subsection 1] subsections 1 or 2 of this section, if his practice does not include responsible charge of design or supervision.
[3.] 4. Officers and employees of the United States Government while engaged within this state in the practice of the profession of engineering for the Government.
Sec. 9. NRS 625.520 is hereby amended to read as follows:
625.520 1. It shall be unlawful for:
(a) Any person, firm or organization to practice or offer to practice the profession of engineering, to use the word engineer, or to intimate the practice of engineering, or to advertise engineering as an engineering consultant, or imply engineering services in a firm or organization name, in this state without being registered or exempt, in accordance with the provisions of this chapter.
(b) Any registered professional engineer to practice or offer to practice a branch of professional engineering in which the board has not qualified him.
(c) Any person to present or attempt to use, as his own, the certificate of registration or the seal of another.
(d) Any person to give any false or forged evidence of any kind to the board or any member thereof in obtaining a certificate of registration.
(e) Any person to impersonate falsely any other registrant of like or different name.
κ1961 Statutes of Nevada, Page 316 (CHAPTER 194, AB 325)κ
(f) Any person to attempt to use an expired or revoked certificate of registration.
(g) Any person to violate any of the provisions of this chapter.
2. Any person who violates any of the provisions of subsection 1 shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for a period not exceeding 3 months, or by both fine and imprisonment.
Sec. 10. NRS 625.560 is hereby amended to read as follows:
625.560 It shall be unlawful for any person to sign, stamp or seal any map, plat, report, description or other document pertaining to the practice of land surveying unless he [is authorized to practice land surveying.] holds a valid unsuspended license as a registered land surveyor.
Sec. 11. NRS 625.570 is hereby amended to read as follows:
625.570 Any employee or official [of] who is employed on a full-time basis by the state, or a county, city or district thereof, who is paid a monthly or annual salary for his employment and whose public duty includes land surveying as defined in this chapter shall not engage in private surveying practice on regular working days for the state, county, city or district.
Sec. 12. This act shall become effective upon passage and approval.
________
Assembly Bill No. 343Messrs. Pozzi and Waters
CHAPTER 195
AN ACT to amend chapter 314 of NRS, relating to public cemetery districts, by adding new sections empowering the board of trustees of a public cemetery district to borrow money by the issuance of negotiable coupon general obligation bonds of the district; imposing certain duties on boards of trustees and county commissioners; providing a procedure for bond elections; providing for the denominations, limitation of amount, interest, term, form, sale, registration and delivery of bonds and the levy and collection of taxes for the payment of principal and interest on such bonds; providing for funding and refunding bonds; defining terms; and providing for meetings and quorum of a board of trustees; to amend NRS sections 314.010 to 314.080, inclusive, relating to public cemetery districts, by providing for the election of officers of the board of trustees; specifying additional powers of the board of trustees and the district; making required technical changes; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 314 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 41, inclusive, of this act.
Sec. 2. 1. The board of trustees may, when in its judgment it is advisable, call an election and submit to the electors of the district the question whether the negotiable coupon bonds of the district shall be issued and sold for the purpose of raising money for the following purposes, and no others:
κ1961 Statutes of Nevada, Page 317 (CHAPTER 195, AB 343)κ
the question whether the negotiable coupon bonds of the district shall be issued and sold for the purpose of raising money for the following purposes, and no others:
(a) Acquisition of real and personal property, water, water rights, and any interest therein.
(b) Improving or repairing existing district facilities.
(c) Purchasing necessary equipment.
(d) Drilling and improvement of wells.
(e) Refunding of any outstanding valid indebtedness of the district, evidenced by bonds, when the interest rate or rates on the indebtedness are to be increased or any bond maturity is to be extended.
2. Any one or more of the purposes enumerated in subsection 1, except that of refunding any outstanding valid indebtedness of the district evidenced by bonds, may, by order of the board of trustees entered in its minutes, be united and voted upon as one single proposition.
Sec. 3. 1. When the board of trustees deems it necessary to incur any bonded indebtedness authorized by sections 2 to 36, inclusive, of this act, by issuing the negotiable coupon bonds of the district, the board of trustees shall, by a resolution adopted and entered in its minutes:
(a) Find the necessity of and state the purpose or purposes for incurring the bonded indebtedness.
(b) Determine the maximum amount of bonds to be issued.
(c) Call an election for submission of the question whether the negotiable bonds of the district should be issued and sold to raise money for the purpose or purposes stated.
(d) Designate whether the election shall be consolidated with the next primary or general election, or shall be a special election which the board of trustees is authorized to call.
(e) Fix the date of the election.
2. The resolution adopted by the board of trustees pursuant to the provisions of subsection 1 shall fix a date for the election which will:
(a) Allow sufficient time for the electors of the district to register to vote pursuant to the provisions of chapter 293 of NRS; and
(b) Allow sufficient time for the county clerk to perform the duties required of him by chapter 293 of NRS.
Sec. 4. 1. Following the adoption of a resolution, as provided in section 3 of this act, designating that the election shall be consolidated with the next primary or general election, the board of trustees shall:
(a) Immediately transmit certified copies of the resolution to the county clerk and to the board of county commissioners of the county in which the district is located.
(b) Cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county in which the district is located once in each calendar week for 2 successive calendar weeks immediately preceding the date of the election.
2. Following the adoption of a resolution, as provided in section 3 of this act, designating the election as a special election, the board of trustees shall immediately transmit certified copies of the resolution to the county clerk and to the board of county commissioners of the county in which the district is located.
κ1961 Statutes of Nevada, Page 318 (CHAPTER 195, AB 343)κ
to the county clerk and to the board of county commissioners of the county in which the district is located. Immediately upon receipt of a certified copy of the resolution calling a special bond election, the board of county commissioners shall take such action as the board of county commissioners may deem necessary in accordance with the provisions of subsection 3 of section 7 of this act, and thereupon shall, in writing, notify the board of trustees of such action. After receipt of the written notice from the board of county commissioners the board of trustees shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county in which the district is located once in each calendar week for 2 successive calendar weeks immediately preceding the date of the election.
3. If no newspaper is printed in the county in which the district is located, then publication of the notice of election shall be made in some newspaper printed in the State of Nevada and having a general circulation in the county in which the district is located.
Sec. 5. Except as provided in section 6 of this act, the notice of election shall contain:
1. The time and places of holding the election.
2. The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
3. The purposes for which the bonds are to be issued.
4. The maximum amount of the bonds.
5. The maximum rate of interest, not to exceed 5 percent.
6. The maximum number of years, not exceeding 20, which the bonds are to run.
Sec. 6. 1. Any election called pursuant to sections 2 to 36, inclusive, of this act, may be consolidated with a primary or general election.
2. If the election is consolidated with a primary or general election, the notice need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the primary or general election.
Sec. 7. 1. All district bond elections shall be conducted as nearly as practicable in the manner provided in chapter 293 of NRS.
2. Upon receipt of the certified copies of the resolution adopted by the board of trustees as provided in section 4 of this act, the board of county commissioners and the county clerk shall perform the duties required by law for holding elections in the several counties, and the election shall be conducted as nearly as practicable in all respects as if it were a county election.
3. The board of county commissioners charged with conducting a special district bond election may, for the purposes of the election, divide the district into special election or consolidated election precincts by consolidating existing precincts, or otherwise, and may change and alter the precincts for such elections as often as occasion requires.
4. The costs of holding a district bond election consolidated with a primary or general election shall be borne by the county, but the expenses of printing necessary ballots and forms of affidavits shall be paid by the district.
κ1961 Statutes of Nevada, Page 319 (CHAPTER 195, AB 343)κ
expenses of printing necessary ballots and forms of affidavits shall be paid by the district.
5. The costs of holding a special district bond election shall be borne by the district.
6. Costs incurred by the board of trustees for holding a district bond election shall be a proper charge against the districts funds notwithstanding that such costs have not been budgeted.
Sec. 8. 1. The county clerk shall provide printed ballots for the use of the voters entitled to vote at any district bond election. Two sets of ballots shall be provided. One set shall be printed on white paper and the other set shall be printed on colored paper.
2. There shall be printed on all ballots:
(a) Instructions respecting the manner of marking the ballots.
(b) A brief statement of the proposition, setting forth the maximum amount of the bonds to be voted upon, the maximum rate of interest, and the purposes for which the proceeds of the sale of the bonds are to be used. No defect in the statement other than in the statement of the maximum amount of the bonds to be authorized shall invalidate the bonds.
(c) The words Bonds-Yes and Bonds-No, or words of similar import.
Sec. 9. 1. The board of county commissioners shall furnish one ballot box at each voting place within the district.
2. Ballots of both colors voted at a district bond election shall be deposited in the ballot box so provided, and no other ballots shall be deposited therein.
Sec. 10. 1. Every citizen of the United States, 21 years of age or over, who has continuously resided in this state 6 months and in the county 30 days and in the precinct 10 days next preceding the day of a district bond election, shall be entitled to vote at such election if he has complied with the registration laws of this state.
2. If a registered elector is the owner of or the spouse of the owner of real property in the district, assessed on the assessment roll of the county, he shall, after making the required affidavit, be furnished, by an election officer conducting the election, a ballot printed on colored paper. All such ballots, when voted shall be deposited in the ballot box.
Before any person shall be allowed to vote a ballot printed on colored paper, he shall be required to make before one of the officers of the election, any of whom is authorized to take the same, an affidavit, showing that he is the owner or the spouse of the owner of real property so assessed in the district.
3. If a registered elector is not the owner of or the spouse of the owner of real property in the district, assessed on the assessment roll of the county, he shall be furnished, by an election officer conducting the election, a ballot printed on white paper. All such ballots, when voted, shall be deposited in the ballot box.
4. The provisions of chapter 293 of NRS relating to absent voting shall apply to all district bond elections except:
κ1961 Statutes of Nevada, Page 320 (CHAPTER 195, AB 343)κ
(a) The application of an absent voter shall be accompanied with a statement by the applicant that he is or is not the owner of or the spouse of the owner of real property in the district.
(b) Upon receipt of an application, if the county clerk shall determine that the applicant is entitled to vote at the election, the county clerk shall immediately, or as soon thereafter as the official absent voters ballot for the precinct in which the applicant resides has been printed, send to the absent voter by airmail, postage prepaid, one official absent voters ballot of the proper color. If the applicant states that he is the owner of or the spouse of the owner of real property in the district, the county clerk shall enclose with the official absent voters ballot a form of affidavit to be executed by the applicant before a notary public or other officer authorized to administer oaths showing that he is the owner of or the spouse of the owner of real property in the district.
(c) The county clerk shall enclose with the official absent voters ballot and the form of affidavit, when required, an envelope which shall bear upon the front thereof the name, official title and post office address of the county clerk, and upon the other side a printed affidavit substantially in the form provided by law, stating that the elector is entitled to vote in the election.
(d) The absent voter shall mark his ballot, fold it so as to conceal the vote, and together with the executed affidavit showing that he is the owner of or the spouse of the owner of real property in the district, if required, shall deposit them in the envelope provided, securely seal the envelope and mail it, postage prepaid.
(e) On the day of the election, the board of election which received the absent voters ballots from the county clerk shall, in the presence of a majority of the number of the election board officers, proceed to deposit the ballots in the ballot box in the following manner. The name of the voter, as shown on the carrier envelope, is to be called and checked as if the voter were voting in person by the comparison of the signature on the back of the envelope with the voters signature on the original affidavit of registration. If it is found that the voter is entitled to cast his vote, the envelope is then, but not until then, opened, the number torn off, and if the number of the envelope agrees with the number on the ballot, and if the ballot is not a colored ballot, it shall then, without being examined or unfolded, be deposited in the ballot box provided for the bond election. If the ballot is a colored ballot and is accompanied with the executed affidavit of the voter showing that he is the owner of or the spouse of the owner of real property in the district, it shall then, without being examined or unfolded, be deposited in the ballot box. Any colored ballot which is not accompanied with an executed affidavit shall be rejected by the election board.
Sec. 11. Notwithstanding any other provision of sections 2 to 36, inclusive, of this act, at any district bond election ballots or votes may be cast, registered, recorded and counted by means of voting machines, as provided in chapter 293 of NRS.
κ1961 Statutes of Nevada, Page 321 (CHAPTER 195, AB 343)κ
Sec. 12. 1. Immediately after the closing of the polls, the election officers shall proceed to canvass the ballots in the ballot box.
2. Separate and distinct records shall be made of the canvass of the ballots. The results disclosed by the canvass of the ballots of different colors shall be certified separately by the election officers to the board of trustees.
Sec. 13. On the 10th day (or if that day shall fall on Sunday, then on the Monday following) after the election, or sooner, if all the returns are received, the board of trustees shall meet at its usual meeting place and publicly canvass the returns. If all the returns have not then been received, the board shall adjourn from day to day until the returns are all received, and shall then proceed to canvass them. The canvass may be continued from day to day until completed.
Sec. 14. 1. If a majority of the ballots cast of each color is in favor of the issuance of the bonds, the proposal to issue them shall have been carried, and the board of trustees shall:
(a) Cause an entry of that fact to be made upon its minutes.
(b) Proceed to complete the printing, execution, advertising and sale of the bonds.
2. If the majority of the ballots of either color is against the issuance of the bonds, the proposal to issue them shall have failed, and the board of trustees shall proceed no further with the printing, execution, advertisement or sale of the bonds.
Sec. 15. The total bonded indebtedness of a district shall at no time exceed an amount equal to 1 percent of the total of the last assessed valuation of taxable property situated within the district.
Sec. 16. 1. Except as provided in subsection 2, the denomination of each of the bonds shall not be less than $100 nor more than $1,000.
2. Whenever the State of Nevada or any board or department thereof is the successful bidder on any bonds offered for sale, the board of trustees shall have the bonds printed in any denomination desired and indicated by the State of Nevada or the board or department thereof.
Sec. 17. 1. The bonds shall not bear a rate of interest greater than 5 percent per annum, payable annually or semiannually, but the first interest payment date may be any time within 1 year from the date of the bonds.
2. When a vote of the registered electors shall have been taken on the question of the issuance of the bonds, and the proposition submitted to them shall have specified the maximum rate of interest to be borne by such bonds, no increase of such maximum rate of interest shall be allowed on any of the bonds.
Sec. 18. The number of years the whole or any part of the bonds are to run shall not exceed 20 years from the date of their issue.
Sec. 19. 1. The board of trustees by an order entered upon its minutes shall prescribe the form of the bonds and of the interest coupons attached thereto, if any, payable at such place or places within or without the State of Nevada as may be provided by the board of trustees. The board of trustees by such order may provide for the registration of such bonds for the payment of principal or interest or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, not exceeding 5 percent of the principal amount of the bonds redeemed as may be determined by the board of trustees.
κ1961 Statutes of Nevada, Page 322 (CHAPTER 195, AB 343)κ
registration of such bonds for the payment of principal or interest or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, not exceeding 5 percent of the principal amount of the bonds redeemed as may be determined by the board of trustees.
2. Every issue of district bonds, including refunding bonds, shall be serial in form and maturity, and numbered from 1 upward consecutively.
3. The bonds shall be signed by the chairman of the board of trustees, attested by the clerk of the board of trustees, sealed with the seal of the district, and countersigned by the county treasurer.
4. The interest coupons to be attached to the bonds shall be signed by the original or engraved facsimile signatures of the chairman, the clerk and the county treasurer.
5. All bonds shall bear the certificate of the county treasurer of the county in which the district is located to the effect that the bonds are issued and registered under the provisions of chapter 314 of NRS.
6. All expenses incurred for the preparation, sale and delivery of the district bonds, including the preparation of the certified copy of the transcript for the successful bidder, is a legal charge against the funds of the district issuing the bonds.
Sec. 20. 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, or any part of them, the board of trustees shall:
(a) Cause a notice calling for bids for the purchase of the bonds to be published in some newspaper printed in the county in which the district is located, or, if no such newspaper is printed in the county, then in some newspaper printed in the State of Nevada and having a general circulation in the county in which the district is located. 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.
(b) Give such other notice as may be deemed necessary by the board of trustees.
3. At least 3 weeks prior to the date fixed for the opening of bids for the purchase of the bonds, a copy of the notice shall be mailed, postage prepaid, to the state board of finance, Carson City, Nevada.
Sec. 21. 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 board of trustees.
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.
κ1961 Statutes of Nevada, Page 323 (CHAPTER 195, AB 343)κ
Sec. 22. The district by action of its board of trustees may prepare, or have prepared, bond brochures to serve as a prospectus for bond buyers to assist in the satisfactory sale of the bonds, the expense of such brochures to be payable out of the funds of the district. Such brochures may be prepared only after the issuance of the bonds to be sold has been approved by the electors of the district pursuant to sections 2 to 36, inclusive, of this act.
Sec. 23. 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 in cash or by cashiers check or certified check.
Sec. 24. 1. The bonds shall be sold to the responsible bidder making the highest bid therefor, subject to the right of the board of trustees 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 board of trustees shall determine which of the equal bids shall be accepted, or may divide the bonds so issued between or among the equal bidders.
Sec. 25. 1. If a bid for the bonds is accepted the board of trustees 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 district for delivery, whichever is later, the amount of the deposit shall be forfeited to the district (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 board of trustees may publicly resell the bonds as provided in sections 2 to 36, inclusive, of this act.
Sec. 26. If all bids for the bonds are rejected, the board of trustees 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. 27. 1. Before a district shall deliver bonds under the provisions of sections 2 to 36, inclusive, of this act, all such bonds shall be registered by the county treasurer of the county in which the district is situated in a book kept in his office for that purpose.
2. The register shall show:
(a) The district issuing the bonds.
(b) The amount of the bonds.
(c) The time of payment.
(d) The rate of interest the bonds bear.
3. After registration by the county treasurer, the county treasurer shall cause the bonds to be delivered to the purchaser or purchasers thereof from the board of trustees, upon payment being made therefor on the terms of the sale or sales.
κ1961 Statutes of Nevada, Page 324 (CHAPTER 195, AB 343)κ
thereof from the board of trustees, upon payment being made therefor on the terms of the sale or sales.
Sec. 28. The various annual maturities shall commence not later than the third year after the date of issue of the bonds. All bonds, insofar as practicable, shall mature serially, at the option of the board of trustees, in substantially equal annual installments of principal, or upon an amortization plan for such bonds so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such bonds, or upon an amortization plan for all bonds of the district so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all outstanding bonds of the district, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations.
Sec. 29. 1. Subject to the provisions of subsection 2, the board of trustees may divide the principal amount of any issue authorized at any election into two or more series and fix different dates of issue for the bonds of each series. The bonds of any one series may be made payable at different times from those of any other series. If the bonds of any authorized issue are divided into series, the maturity of each respective series shall comply with the provisions of sections 2 to 36, inclusive, of this act. For the purpose of computing the maturity of each series the term date of issue shall be deemed to be the date of the bonds of each series respectively.
2. No district bonds shall be issued or sold by the board of trustees after the expiration of 3 years from the date of the election authorizing such issue.
Sec. 30. No error, irregularity or omission which does not affect the substantial rights of the taxpayers within the district or the electors voting at any election at which bonds of any district are authorized to be issued shall invalidate the election or any bonds authorized.
Sec. 31. 1. Whenever any district shall issue bonds under the provisions of sections 2 to 36, inclusive, of this act, or shall have any bonds outstanding, the board of county commissioners of the county in which the district is located shall levy and assess a special tax on all the taxable property in the district, including the net proceeds of mines, in an amount sufficient to pay the interest accruing thereon promptly when and as the same becomes due according to the tenor and effect of the bonds.
2. The county treasurer of that county shall:
(a) Collect the special tax as other taxes are collected, without any additional commission or other compensation therefor.
(b) Keep the same in a bond interest fund separate from all other funds received by him.
(c) Cause the interest to be paid promptly at the place of payment specified in the bonds.
(d) If there shall be any money remaining after paying the interest and the lawful expense of collecting the special tax, without delay transfer the same to the credit of the district funds. Any funds so transferred shall be subject to the disposal of the board of trustees.
κ1961 Statutes of Nevada, Page 325 (CHAPTER 195, AB 343)κ
transferred shall be subject to the disposal of the board of trustees.
(e) If the tax for interest on the bonds for the first year after the date of their issue is not collected in time to use in paying the interest coupons maturing during that year, or any part thereof, pay the interest so accruing on the bonds in that year, temporarily, out of the county general fund; and shall return, as soon as the funds are realized from the taxes for interest on the bonds, from the interest fund, the amount so borrowed and paid from the county general fund.
Sec. 32. 1. Following the issuance of bonds by a district and within sufficient time so that the receipts of the special tax shall be sufficient to pay the principal as it accrues, and annually thereafter until the bonds have been paid in full, the board of county commissioners of the county in which the district is located shall levy and assess a special tax, and shall continue to levy and assess such special tax, and shall cause it to be collected, on all the taxable property in the district, including the net proceeds of mines, in an amount sufficient to pay the principal accruing promptly when and as the same becomes due according to the tenor and effect of the bonds, which amount shall be levied, assessed and collected by the county treasurer of that county in the same manner as the tax for the payment of the interest coupons.
2. When the special tax is collected it shall be deposited to the credit of the ......................... district bond sinking fund, which fund is hereby created in each of the county treasuries, and shall be used only in the payment of the bonds.
Sec. 33. At the maturity of the bonds, or prior to the maturity thereof as provided in section 34 of this act, and at the place of payment of the bonds, the county treasurer shall:
1. Cause the bonds and accrued interest thereon to be paid.
2. Cancel the paid bonds.
3. Certify his action to the board of trustees.
Sec. 34. 1. If there is in the hands of the county treasurer in the district bond sinking fund a sufficient sum to redeem one or more of the bonds, and a sufficient sum in the bond interest fund to pay the accrued interest thereon, although before the maturity of such bonds and interest, the county treasurer, if requested by the board of trustees, shall:
(a) Post a notice of redemption in a conspicuous place at the main entrance to the building in which his office is situated. The notice shall be posted at least 30 days prior to the day set for the receipt of proposals for the purchase of the bonds.
(b) Deposit a copy of the notice in the United States post office, postage prepaid, addressed to the owners of record of such bonds as are outstanding at their last post office addresses known to the county treasurer.
2. The notice of redemption asking for proposals or offers shall be in substantially the following form:
The county treasurer of ......................... County, State of Nevada, has on hand in the ......................... District Bond Sinking Fund sufficient funds to redeem ............... bonds of ......................... issue, and there is in the bond interest fund sufficient money to pay the accrued interest on such number of bonds; he will on the ..........
κ1961 Statutes of Nevada, Page 326 (CHAPTER 195, AB 343)κ
the bond interest fund sufficient money to pay the accrued interest on such number of bonds; he will on the .......... day of ........................., 19....., at the hour of .......... a. m., at his office, receive proposals for his purchase of such number of bonds and his payment of the accrued interest thereon. Any proposal to sell bonds to the county treasurer shall not involve a premium on the same of more than .......... percent.
3. Upon the opening of the proposals, the bid of any person offering any bond or bonds, up to the total number to be redeemed, at the lowest rate of premium, shall be accepted by the county treasurer; provided:
(a) That if the entire issue of such bonds is to mature serially at different times, then the county treasurer shall redeem such bond or bonds in the order of their maturity, but if their date of maturity is the same, then he shall redeem the bond or bonds which are offered at the lowest premium; and
(b) That if the entire issue of such bonds is to mature at one time the county treasurer shall redeem first on the basis of the lowest offered premium, and second, if there are several offers at the same premium, he shall redeem the bond or bonds bearing the lowest serial number.
4. The county treasurer shall then certify all of his actions under this section to the board of trustees as provided in section 33 of this act.
5. Whenever bonds of a district have been issued subject to call and redemption before maturity at the option of the district and without the consent of the holders of such bonds in compliance with the provisions in the authorizing proceedings, and such bonds issued subject to call and redemption prior to maturity contain a recital to that effect, the board of trustees may, by resolution, determine that all or a part of such bonds shall be called and redeemed before maturity, fix the price or prices at which such bonds shall be redeemed, and fix the method of giving notice of redemption to holders of bonds to be redeemed, in the order and manner provided by the authorizing proceedings.
Sec. 35. Taxes levied for the payment of bonded indebtedness of a district shall enjoy the priority provided by law.
Sec. 36. 1. All taxes levied and assessed as provided in sections 2 to 36, inclusive, of this act shall constitute a lien on the property charged therewith on the date and in the manner provided in NRS 361.450.
2. No additional allowance, fee or compensation whatever shall be paid to any officer for carrying out the provisions of sections 2 to 36, inclusive, of this act.
Sec. 37. Any district which hereafter may have existing indebtedness may, by resolution of the board of trustees thereof, authorize the issuance and sale of funding or refunding bonds, at a greater, lesser or the same rate of interest, to pay the principal and interest of such existing indebtedness or to extend the bond maturities.
Sec. 38. 1. If the interest rate or rates on the existing indebtedness are to be increased, or if any bond maturity is to be extended, the board of trustees shall submit the question of the issuance of such funding or refunding bonds at an election to be held in the manner and form provided by law governing the issuance of bonds by districts.
κ1961 Statutes of Nevada, Page 327 (CHAPTER 195, AB 343)κ
board of trustees shall submit the question of the issuance of such funding or refunding bonds at an election to be held in the manner and form provided by law governing the issuance of bonds by districts.
2. If the interest rate or rates on the existing indebtedness are to be the same or at a lesser rate and no bond maturity is to be extended, the board of trustees need not submit the question of the issuance of the funding or refunding bonds at an election.
Sec. 39. The officers charged by law with the duty to levy and collect general taxes within districts are authorized, empowered and directed to impose, fix, levy and collect a tax upon all the property thereof subject to taxation, including the net proceeds of mines, sufficient to pay the interest on and principal of such funding or refunding bonds as the same shall become due, in addition to all other taxes required by law to be levied or assessed upon such property.
Sec. 40. As used in this chapter:
1. Board of trustees and board means the board of trustees of a public cemetery district created pursuant to the provisions of this chapter.
2. District means a public cemetery district created pursuant to the provisions of this chapter.
Sec. 41. 1. The board of trustees shall hold a regular meeting at least once each year, at such time and place as the board shall determine.
2. Special meetings of the board of trustees shall be held at the call of the chairman whenever there is sufficient business to come before the board, or upon written request of two members of the board.
3. The clerk of the board of trustees shall give written notice of each special meeting to each member of the board of trustees by personal delivery of the notice of the special meeting to each trustee at least 1 day before the meeting, or by mailing the notice to each trustees residence of record, by deposit in the United States mails, postage prepaid, at least 4 days before the meeting. The notice shall specify the time, place and purpose of the meeting. If all of the members of the board of trustees are present at a special meeting, the lack of notice shall not invalidate the proceedings of the board of trustees.
4. A majority of the members of the board of trustees shall constitute a quorum for the transaction of business, and no action of the board of trustees shall be valid unless such action shall receive, at a regularly called meeting, the approval of a majority of all the members of the board of trustees.
Sec. 42. NRS 314.010 is hereby amended to read as follows:
314.010 Whenever a board of county commissioners shall receive the petition of a majority of the electors enumerated upon the registration list as residing within [a district] an area in such county, definitely described in such petition, requesting that the [district] area be organized as a public cemetery district, the board of county commissioners shall organize such area as a public cemetery district [as provided in this chapter.] by the entry of an order of organization upon its minutes. The district shall thenceforth be a governmental subdivision of the State of Nevada, a body corporate and politic and a quasi-municipal corporation.
κ1961 Statutes of Nevada, Page 328 (CHAPTER 195, AB 343)κ
subdivision of the State of Nevada, a body corporate and politic and a quasi-municipal corporation.
Sec. 43. NRS 314.020 is hereby amended to read as follows:
314.020 1. A [public cemetery] district shall be managed by [three trustees,] a board of trustees consisting of three members, appointed by the board of county commissioners from the electors residing [therein;] within the district; but if a majority of the resident electors shall, in their petition, designate the names of the trustees whom they shall desire to be appointed, the board of county commissioners shall appoint for the first term the persons so named.
2. The trustees shall [hold office for 2 years, and their successors] serve at the pleasure of the board of county commissioners, but no appointment shall extend beyond a period of 4 years. Trustees shall be appointed in the same manner as other appointments are made by the board of county commissioners.
3. The trustees shall be appointed with staggered terms so that at all times there are at least two members, each with no less than 1 years experience on the board.
4. Trustees shall serve without salaries or travel reimbursement.
5. After their appointment, the board of trustees shall meet and organize by:
(a) Electing one of its members as chairman.
(b) Electing one of its members as clerk, or by selecting some other qualified person as clerk.
6. The clerk shall act as the recording secretary of the board, and he shall keep the minutes of the boards proceedings. If the clerk is not a member of the board he shall have no vote.
Sec. 44. NRS 314.030 is hereby amended to read as follows:
314.030 1. The [cemetery] board of trustees shall maintain a cemetery for the use of all inhabitants of the district, and for that purpose shall be capable of holding title to property in trust for the district, taking property by grant, gift, devise or any other method, and doing all acts necessary or proper for managing the affairs of the district, including the selling or leasing of burial lots.
2. For and on behalf of the district the board of trustees shall have the following powers:
(a) To have and use a corporate seal.
(b) To sue and be sued, and be a party to suits, actions and proceedings.
(c) To borrow money and incur indebtedness and evidence the same by certificates, notes or debentures and to issue bonds, in accordance with the provisions of this chapter.
(d) To hire and retain agents, employees and attorneys.
(e) To adopt and amend bylaws, not in conflict with the constitution and laws of the state, for carrying on the business, objects and affairs of the board of trustees.
(f) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this chapter.
κ1961 Statutes of Nevada, Page 329 (CHAPTER 195, AB 343)κ
necessary or appropriate to carry out the purposes and intent of this chapter.
Sec. 45. NRS 314.040 is hereby amended to read as follows:
314.040 1. The [cemetery] board of trustees may annually certify to the board of county commissioners the amount of money necessary to be raised by taxation for maintaining the cemetery of the district, and the board of county commissioners may thereupon include in the annual tax levy a tax upon all the property within such [cemetery] district, sufficient to raise the amount demanded by the board of trustees, but not exceeding 2 mills on each dollar of assessed valuation within the district.
2. The limitations contained in subsection 1 shall not be construed to apply to any special taxes levied pursuant to the provisions of sections 31 and 32 of this act for the payment of interest and principal accruing on district bonds issued pursuant to the provisions of sections 2 to 36, inclusive, of this act.
Sec. 46. NRS 314.050 is hereby amended to read as follows:
314.050 The tax [so] collected [,] pursuant to the provisions of subsection 1 of NRS 314.040, together with all other moneys received by the board of trustees, shall be paid into the county treasury, and constitute a separate continuing fund to be expended solely for the purposes of the [cemetery district upon warrants signed by not less than two of the cemetery trustees.] district upon claims signed by the chairman of the board. All claims shall be approved by the board and preaudited by the county auditor before they are paid.
Sec. 47. NRS 314.060 is hereby amended to read as follows:
314.060 As soon after July 1 in each year as is practicable, the board of trustees shall file with the board of county commissioners a report setting forth [all their doings] the business of the board during the preceding year, and containing an itemized account of all [their] receipts and disbursements up to and including June 30, together with proper vouchers therefor.
Sec. 48. NRS 314.070 is hereby amended to read as follows:
314.070 The board of trustees shall make proper rules and regulations for the management of the cemeteries under [their] its control.
Sec. 49. NRS 314.080 is hereby amended to read as follows:
314.080 All other laws [now in existence] relating to cemeteries and not inconsistent with this chapter shall apply to the cemeteries provided for in this chapter.
Sec. 50. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 330κ
Assembly Bill No. 366Messrs. Schouweiler and Posin
CHAPTER 196
AN ACT to amend chapter 426 of NRS, relating to benefits and privileges for blind persons, by adding new sections creating a fund to be used for vending stands operated by blind persons; and requiring approval of the legislature for constructing permanent buildings to be used for such vending stands; to amend NRS sections 426.630, 426.670 and 426.700, relating to definitions and vending stands to be operated by blind persons, by including in the definition of vending stand buildings and portable shelters used for vending articles, foodstuffs or beverages; by authorizing the state bureau of services to the blind to execute contracts with blind persons for operating vending stands; requiring vending stands to comply with the provisions of chapter 446 of NRS relating to food and drink establishments; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 426 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The business enterprise contingent fund for the blind is hereby created in the state treasury.
2. Moneys received by the department under the provisions of NRS 426.670 shall:
(a) Be deposited in the business enterprise contingent fund for the blind.
(b) Except as provided in subsection 3, remain in the fund and shall not revert to the general fund in the state treasury.
(c) Be used only for the purpose of purchasing, maintaining or replacing vending stands or the equipment therein.
3. If the business enterprise contingent fund for the blind is dissolved, any moneys remaining therein shall revert to the general fund in the state treasury.
Sec. 3. If a suitable location is available for a vending stand which requires the construction of a permanent building, the bureau may construct such building, but only after obtaining approval of the legislature.
Sec. 4. NRS 426.630 is hereby amended to read as follows:
426.630 As used in NRS 426.630 to 426.730, inclusive, unless the context otherwise requires:
1. Blind person means any person who by reason of loss of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
2. Bureau means the state bureau of services to the blind.
3. Department means the state welfare department.
4. Director means the state welfare director.
κ1961 Statutes of Nevada, Page 331 (CHAPTER 196, AB 366)κ
5. Operator means the individual blind person responsible for the day-to-day conduct of the vending stand operation.
6. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools and the University of Nevada.
7. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the state welfare department and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles; [or]
(c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages [.] ; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.
Sec. 5. NRS 426.670 is hereby amended to read as follows:
426.670 The department, through its bureau of services to the blind, shall:
1. Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by blind persons and advise the heads of departments or agencies charged with the maintenance of such buildings or properties as to their findings.
2. With the consent of the head of the department or agency charged with the maintenance of the buildings or properties, establish vending stands in those locations which the department has determined to be suitable, and may enter into leases or licensing agreements therefor.
3. Select, train, license and install qualified blind persons as managers of such vending stands.
4. Execute contracts or agreements with blind persons to manage vending stands, including finances, management, operation and other matters concerning such stands.
5. When the department deems such action appropriate, impose and collect license fees for the privilege of operating such vending stands.
[5.] 6. Establish and effectuate such rules and regulations as it may from time to time deem necessary to assure the proper and satisfactory operation of such vending stands.
Sec. 6. NRS 426.700 is hereby amended to read as follows:
426.700 The operator of each vending stand operated under the provisions of NRS 426.630 to 426.730, inclusive, shall be subject to: [the]
1. The provisions of any and all laws and ordinances applying within the territory within which such stand is located, including those requiring a license or permit for the conduct of such business or any particular aspect thereof.
κ1961 Statutes of Nevada, Page 332 (CHAPTER 196, AB 366)κ
within the territory within which such stand is located, including those requiring a license or permit for the conduct of such business or any particular aspect thereof.
2. The provisions of chapter 446 of NRS relating to food and drink establishments.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 389Mr. McKissick
CHAPTER 197
AN ACT to amend NRS section 122.040, relating to the issuance of marriage licenses, by providing that all records pertaining to marriage licenses are public records; by providing penalties for failure to permit inspection; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.040 is hereby amended to read as follows:
122.040 1. Previous to persons being joined in marriage, a license shall be obtained for that purpose from the county clerk of any county in the state.
2. The county clerk may inquire of the person applying for a marriage license, upon oath or affirmation, relative to the legality of the contemplated marriage, and if the clerk is satisfied that there is no legal impediment thereto, then he shall grant the marriage license.
3. The county clerk, when issuing the license, shall require the person applying therefor to answer under oath each of the questions contained in the form of license, and, if the person applying therefor cannot answer positively any questions with reference to the other person named in the license, the clerk shall require both persons named in the license to appear before him and to answer, under oath, the questions contained in the form of license.
4. If any of the persons intending to marry is under age and has not been previously married, the clerk shall issue the license if the consent of the parent or guardian is:
(a) Personally given before the clerk; or
(b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom shall appear before the clerk and make oath that he saw the parent or guardian subscribe his name to the annexed certificate, or heard him or her acknowledge the same; or
(c) In writing, subscribed to and duly acknowledged before an officer authorized by law to administer oaths.
5. All records pertaining to such licenses are public records and open to inspection pursuant to the provisions of NRS 239.010. Any county clerk who refuses to permit such inspection is guilty of a misdemeanor.
κ1961 Statutes of Nevada, Page 333 (CHAPTER 197, AB 389)κ
county clerk who refuses to permit such inspection is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 411Lincoln County Delegation
CHAPTER 198
AN ACT permitting the county commissioners of Lincoln County to waive appraisal of land purchased from the Federal Government.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 244.275, the board of county commissioners of Lincoln County may waive appraisal of any land purchased by such county from the Federal Government.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 412Clark County Delegation
CHAPTER 199
AN ACT authorizing Clark County to develop, enlarge, reconstruct, improve and equip the Clark County hospital, sometimes designated as the Southern Nevada Memorial Hospital of Las Vegas; concerning the issuance of bonds for such purpose in not to exceed the aggregate principal amount of $1,736,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. In addition to the powers conferred upon the board of county hospital trustees of Clark County, Nevada, and upon the board of county commissioners of that county, by the general statutes of the State of Nevada, including, without limiting the generality of the foregoing, NRS 450.270 to 450.380, inclusive, and all laws amendatory thereof or supplemental thereto, the board of county commissioners shall by ordinance submit the question of issuing bonds in the aggregate principal amount of not exceeding $1,736,000, for the development, enlargement, reconstruction, improvement and equipment of the Clark County hospital, sometimes designated as the Southern Nevada Memorial Hospital of Las Vegas, following the request by resolution of the board of county hospital trustees for an annual tax to be levied therefor, to the qualified electors of the county at the next primary or general election or at a special election to be held for that purpose.
κ1961 Statutes of Nevada, Page 334 (CHAPTER 199, AB 412)κ
Nevada Memorial Hospital of Las Vegas, following the request by resolution of the board of county hospital trustees for an annual tax to be levied therefor, to the qualified electors of the county at the next primary or general election or at a special election to be held for that purpose.
Sec. 2. 1. If the bond question is submitted at a primary or general election, the ordinance shall be effective at least 15 days prior to the election, and no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the ordinance shall be effective at least 43 days prior to the election, and the county clerk shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the election, in a newspaper published within the county and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a. m. to 12 m. and from 1 p. m. to 5 p. m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the 5 days preceding the close of registration before such a special election, the office of the county clerk shall be open from 9 a. m. to 5 p. m. and from 7 p. m. to 9 p. m. on Monday through Saturday, with Sunday and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special bond election from and including the 20th day next preceding such election up to but excluding the 10th day next preceding such election and during regular office hours.
6. No special registration shall be held for such a special bond election not held at the same time as a primary or general election if such election is held within 90 days of an election for which a countywide registration was held.
Sec. 3. 1. Following the adoption of an ordinance, as provided in section 1 hereof, designating that the election shall be submitted at the next primary or general election, the county clerk shall cause a notice of the county hospital bond election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 3 consecutive weeks by three weekly insertions a week apart, the first publication to be not more than 21 days nor less than 15 days next preceding the election.
2. Following the adoption of an ordinance, as provided in section 1 hereof, designating the county hospital bond election as a special election, the county clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.
κ1961 Statutes of Nevada, Page 335 (CHAPTER 199, AB 412)κ
two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.
Sec. 4. The notice of election shall contain:
1. The time and places (by specific delineation or general reference) of holding the election.
2. The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
3. The purpose for which the bonds are to be issued.
4. The maximum amount of the bonds.
5. The maximum rate of interest, not to exceed 5 percent per annum.
6. The maximum number of years, not exceeding 30, which the bonds are to run.
Sec. 5. 1. Any qualified elector who is properly registered shall be qualified to vote on such a bond question. Absentee voting shall not be permitted thereon. Voting machines may be used for the submission of such a bond question.
2. The board of county commissioners or other officer so authorized by law may consolidate or otherwise modify voting precincts, shall designate the polling places, shall appoint officers of the election for each precinct in such number as the board or officer may determine, and shall fix their duties and compensation.
3. Except as specifically provided or necessarily implied herein, the bond election and any registration of voters therefor shall be had and conducted in accordance with NRS 350.010 to 350.070, inclusive, and with the general election laws of the State of Nevada, and all laws amendatory thereof and supplemental thereto.
Sec. 6. In the event a majority of the paper ballots and voting machine ballot labels of each color on the question is in favor of the issuance of the bonds, the proposal to issue the bonds shall have carried, and the board of county commissioners shall proceed at its next regular meeting, or at some subsequent time, to adopt an ordinance or ordinances providing for the issuance of the bonds. If a majority of either the white paper ballots and white ballot labels or the colored paper ballots and colored ballot labels on the question, or a majority of both colors, is against the issuance of the bonds referred to in the proposal, then the proposal shall have failed and the election officers shall certify the result of the election to the board of county commissioners, which shall proceed no further in connection with the proposal.
Sec. 7. 1. Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
2. General obligation bonds shall specifically pledge the full faith and credit of the county for their payment.
κ1961 Statutes of Nevada, Page 336 (CHAPTER 199, AB 412)κ
3. General obligation bonds shall not bear interest at a rate or rates exceeding 5 percent per annum.
4. Any general obligation bonds herein authorized to be issued shall bear such date or dates, shall mature in such denomination or denominations at such time or times but in no event commencing later than 3 years nor exceeding 30 years from their date, shall bear interest evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year as may be prescribed by ordinance, shall be payable in such medium of payment at such place or places within or without the state, including but not limited to the office of the county treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed.
5. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
6. Pending preparations of the definite bonds, interim receipts or certificates, in such form and with such provisions as the board may determine, may be issued.
7. The bonds, any interest coupons thereto attached, and such interim receipts or certificates shall be fully negotiable within the meaning of and for all the purposes of the negotiable instruments law.
8. Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder:
(a) Provide for the initial issuance of one or more bonds (in this subsection called bond) aggregating the amount of the entire issue;
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable;
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
The board may further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.
9. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:
κ1961 Statutes of Nevada, Page 337 (CHAPTER 199, AB 412)κ
the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:
(a) Proof of ownership;
(b) Proof of loss or destruction;
(c) A surety bond in twice the face amount of the bond and coupons; and
(d) Payment of the cost of preparing and issuing the new bond.
10. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.
11. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the county treasurer.
12. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
13. The county treasurer may cause the countys seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
14. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
15. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 8. 1. Any general obligation bonds issued hereunder shall be sold at public sale, in accordance with NRS 350.120 to 350.160, inclusive; special assessment bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest, or at the boards option below par at a discount not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the county of more than 5 percent per annum computed to maturity according to standard tables of bond values.
2. No discount (except as hereinabove provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
3. The board may employ legal, fiscal, engineering and other expert services in connection with any facilities herein authorized and the authorization, issuance and sale of bonds.
κ1961 Statutes of Nevada, Page 338 (CHAPTER 199, AB 412)κ
services in connection with any facilities herein authorized and the authorization, issuance and sale of bonds.
Sec. 9. 1. All moneys received from the issuance of any bonds herein authorized shall be used solely for the purpose for which issued, including, without limiting the generality of the foregoing, if so authorized, the payment of preliminary expenses.
2. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
3. Any unexpended balance of such bond proceeds remaining after the completion of the facilities for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of such bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
4. The validity of such bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
5. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.
Sec. 10. 1. To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the county, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the county, and together with other revenues, will raise the amount required by the county annually to pay in full, when due, all interest on and principal of general obligation bonds of the county, including but not necessarily limited to those bonds issued hereunder. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in subsection 2 of this section 10.
2. The board, in certifying annual levies, shall take into account the maturing general obligation bonds and interest thereon, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof. In case the moneys produced from such levies, together with other revenues of the county, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the general obligation indebtedness of the county shall be fully paid.
Sec. 11. 1. The general obligation bonds authorized to be issued hereunder 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, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory limitations now or hereafter existing.
κ1961 Statutes of Nevada, Page 339 (CHAPTER 199, AB 412)κ
be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory limitations now or hereafter existing.
2. 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 other available revenues and probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due.
3. 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, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reductions so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 12. Bonds issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 13. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or stamping thereon the word Paid, together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners. The county auditor shall credit the treasurer on his books for the amount so paid.
Sec. 14. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 15. 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. 16. This act, without reference to other statutes of the state or to action heretofore taken by the county or its officers, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise provided. The bonds may be issued, and such development, enlargement, reconstruction, improvement and equipment of the county hospital may be had without adherence to NRS 450.010 to 450.060 and 450.270 to 450.380, all inclusive;
κ1961 Statutes of Nevada, Page 340 (CHAPTER 199, AB 412)κ
and 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 to and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 17. This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
Sec. 18. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 19. This act shall become effective upon passage and approval.
________
Assembly Bill No. 413Lincoln County Delegation
CHAPTER 200
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 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 289, Statutes of Nevada 1957, at page 400, is hereby amended to read as follows:
Section 2. The Annexation of Adjacent Territory: Manner of procedure. [Territory adjoining and contiguous to the corporate limits of the City of Caliente may be annexed to said city upon application therefor in writing describing said territory by metes and bounds, signed by a majority of persons residing within such territory, who are qualified to vote for members of the legislature of the State of Nevada, and who are taxpayers in the county of Lincoln, such petitioners to possess both of said qualifications. Upon the filing of such petitions the city councilmen shall cause to be given notice thereof by publication in a newspaper printed and published in said city at least once, and at least ten days prior to the meeting of said council, at which said petition may be acted upon. At such meeting the said council shall either accept or reject said petition and declare or refuse to declare annexed to said city the property described in said petition.]
κ1961 Statutes of Nevada, Page 341 (CHAPTER 200, AB 413)κ
accept or reject said petition and declare or refuse to declare annexed to said city the property described in said petition.]
1. Whenever the owners of a majority in value of real property of any territory lying contiguous to the corporate limits of the City of Caliente shall desire to annex such territory to the city, they shall cause an accurate plat or map of the territory to be made under the supervision of a competent surveyor. A copy of the plat or map, certified by the surveyor, shall be filed in the office of the city clerk of the city, together with a petition in writing signed by the owners of a majority in value of the real property of the territory described in the plat.
2. The city council, at the next regular meeting thereof, shall vote upon the question of such annexation. If a majority of all the members of the council vote for such annexation an ordinance shall be enacted declaring the annexation of the territory and the extension of the limits of the city accordingly.
3. A copy of the map or plat referred to in subsection 1, duly certified and acknowledged as provided by law in such cases, shall at once be filed in the office of the recorder of Lincoln County, together with a certified copy of the ordinance declaring such annexation, and thereupon such annexation shall be deemed complete and the territory shall be deemed and held to be a part of the original city, and the inhabitants thereof shall thereafter enjoy the privileges and benefits of such annexation and be subject to the ordinances and regulations of the City of Caliente.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 414Committee on Ways and Means
CHAPTER 201
AN ACT authorizing and directing the state controller to transfer to the general fund in the state treasury the sum of $157,121.96 from certain accounts in his office, the moneys for which were heretofore appropriated for certain capital improvement projects; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is authorized and directed to transfer to the general fund in the state treasury the amounts hereinafter specified from certain project accounts, such accounts bearing indicated code numbers in the office of the state controller and which were established pursuant to the provisions of and the appropriations of money contained in the statutes cited below:
κ1961 Statutes of Nevada, Page 342 (CHAPTER 201, AB 414)κ
(a) Acquisition of real property in Las Vegas Valley, Clark County, for future state use; code No. 46701; chapter 261, Statutes of Nevada 1960....................................................................................................... $34,000.00
(b) Structural corrections, school of mines; code No. 73001; chapter 458, Statutes of Nevada 1959................................................................ 3,493.78
(c) Greenhouse, University of Nevada, Reno, Nevada; code No. 73501; chapter 458, Statutes of Nevada 1959......................................... 9,584.90
(d) Flood protection, University of Nevada, Reno, Nevada; code No. 74201; chapter 275, Statutes of Nevada 1957................................ 267.69
(e) Primary power, phase A, University of Nevada, Reno, Nevada; code No. 75001; chapter 275, Statutes of Nevada 1957...................... 3,074.00
(f) Childrens ward, Nevada state hospital; code No. 62201; chapter 275, Statutes of Nevada 1957................................................................ 6,609.45
(g) Addition to childrens ward, Nevada state hospital; code No. 62301; chapter 71, Statutes of Nevada 1959......................................... 31,108.11
(h) Addition to fire detection, Nevada state hospital; code No. 62501; chapter 458, Statutes of Nevada 1959............................................ 404.25
(i) Safety survey, Nevada state hospital; code No. 62601; chapter 458, Statutes of Nevada 1959................................................................... 650.00
(j) Workshop addition heating plant, Nevada state hospital; code No. 62801; chapter 458, Statutes of Nevada 1959.................................. 47.80
(k) Central heating plant, Nevada state prison; code No. 68202; chapter 275, Statutes of Nevada 1957........................................................ 9,431.36
(l) Advance plan for archive storage, Carson City; code No. 19501; chapter 275, Statutes of Nevada 1957........................................................... 134.37
_________
Total.................................................................... $98,805.71
Sec. 2. The state controller is authorized and directed to transfer to the general fund in the state treasury from the account in his office bearing code No. 70401, the moneys for which were appropriated by section 5 of chapter 275, Statutes of Nevada 1957, for the design, construction and furnishing of a maximum security cell block at the Nevada state prison, the sum of $58,316.25.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 343κ
Assembly Bill No. 415Nye County Delegation
CHAPTER 202
AN ACT to amend an act entitled An Act incorporating the city of Gabbs, in Nye County, Nevada, and defining the boundaries thereof; authorizing the establishment of a city government therefor; and other matters properly relating thereto, approved March 29, 1955, as amended; and to repeal section 3 of chapter 221, Statutes of Nevada 1957.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of the above-entitled act, being chapter 381, Statutes of Nevada 1955, as amended by chapter 55, Statutes of Nevada 1957, at page 80, is hereby amended to read as follows:
Section 9. Officers, Appointive and Ex Officio-Enumeration of-Compensation. The county assessor of the county of Nye shall be ex officio assessor of the city of Gabbs; the justice of the peace of Gabbs township, county of Nye, shall be ex officio police judge and preside over the municipal court of the city of Gabbs; the city clerk shall be ex officio license collector of the city of Gabbs; the constable of Gabbs township, county of Nye, shall be ex officio city marshal of the city of Gabbs. The assessor of the county of Nye and ex officio city assessor of the city of Gabbs shall perform the duties of his office under the city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of councilmen, upon the request of the city assessor may appoint, for such time as his services may be necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of councilmen shall fix and pay the deputy such compensation as they deem fit. The assessor of the county of Nye, the justice of the peace and the constable of Gabbs township, county of Nye, shall be liable on their official bonds for the faithful discharge of their duties imposed on them by this act. The board of councilmen may fix, allow and pay a salary or fees to the ex officio judge not in excess of $150 each calendar month and to the ex officio city marshal not in excess of [$450] $500 each calendar month. The board of councilmen shall appoint a city clerk with a salary to be fixed by the board, which salary shall not be in excess of $250 per calendar month; and fees, not in excess of 8 percent for services as city license collector. The [county treasurer of Nye County shall be ex officio] board of councilmen shall appoint a city treasurer and for his services may receive a salary which shall not be in excess of $250 each calendar month. The board may also in its discretion appoint or employ a city attorney and a city auditor from time to time and compensate them for such legal advice and services as they may deem necessary. The board of councilmen may from time to time ordain and establish other offices with the right to fill the same by appointment and prescribe the duties thereof. The duties and compensation of the appointive officers shall be fixed, allowed and paid by the board of councilmen out of such city funds as the board may designate.
κ1961 Statutes of Nevada, Page 344 (CHAPTER 202, AB 415)κ
by the board of councilmen out of such city funds as the board may designate. Any one or more of such appointive offices may, in the discretion of the board of councilmen, be combined and the duties thereof discharged by one person.
Sec. 2. Section 13 of the above-entitled act, being chapter 381, Statutes of Nevada 1955, at page 667, is hereby amended to read as follows:
Section 13. Mayor and Councilmen, Salary of. The mayor of the city shall receive as remuneration for his services the sum of not to exceed [$50] $150 a month, and each of the councilmen shall receive the sum of not to exceed [$50] $100 a month.
Sec. 3. Section 3 of chapter 221, Statutes of Nevada 1957, at page 310, is hereby repealed.
________
Assembly Bill No. 416Committee on Ways and Means
CHAPTER 203
AN ACT authorizing and directing the state controller to transfer the sum of $5,681.71 from the emergency hay fund (program No. 2) to the general fund in the state treasury.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state controller is hereby authorized and directed to transfer the sum of $5,681.71 in the emergency hay fund (program No. 2), bearing code No. 79302 in his office, to the general fund in the state treasury.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 417Committee on Ways and Means
CHAPTER 204
AN ACT to amend Title 27 of NRS, relating to public buildings and purchasing, by providing for the establishment of a state motor pool; providing for the administration and operation of such motor pool; prescribing required procedures and duties; creating the motor pool revolving fund; and providing for fees and costs; to amend NRS section 204.080, relating to the unlawful use of state motor vehicles, by prescribing additional penalties; appropriating money to the motor pool revolving fund; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 27 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 12, inclusive, of this act.
κ1961 Statutes of Nevada, Page 345 (CHAPTER 204, AB 417)κ
Sec. 2. As used in this chapter executive officer means the executive officer of the state agency designated by the governor to operate the state motor pool.
Sec. 3. There is hereby established as an agency of the government of the state of Nevada a state motor pool.
Sec. 4. The purposes of the state motor pool are:
1. To insure economical utilization of state-owned vehicles.
2. To eliminate the unauthorized use of state-owned vehicles.
3. To provide a ready means of transportation for state employees and officers on state business.
4. To reduce the need for state employees to use private cars on official state business.
5. To provide a central administrative facility for the maintenance, care and operation of selected state-owned vehicles.
Sec. 5. The state motor pool shall be operated by an existing state agency to be designated by the governor.
Sec. 6. The executive officer is authorized to use the existing employees and facilities of his agency and to employ such additional employees or procure such additional facilities as may be necessary to carry out the provisions of this chapter.
Sec. 7. The governor may assign any state-owned vehicle to the state motor pool and may withdraw any vehicle from any state agency and reassign such vehicle to the state motor pool.
Sec. 8. The state motor pool shall be located in Carson City and may have branches at such other locations as may be designated by the governor.
Sec. 9. 1. The executive officer shall:
(a) Be responsible for proper maintenance and storage of all vehicles assigned to the motor pool.
(b) Maintain records to show the location and operating and maintenance costs of vehicles assigned to the motor pool.
2. All agreements for regular storage of vehicles not assigned to the motor pool shall be in writing and subject to the approval of the executive officer.
Sec. 10. To facilitate the economical operation of state-owned vehicles, the department of highways may provide to the state motor pool, or to any other state agency to which a state-owned vehicle is assigned, gasoline, service or minor repairs on a direct cost-plus-service-charge basis.
Sec. 11. The executive officer shall adopt regulations necessary for the administration of this chapter. Such regulations shall be subject to the approval of the governor.
Sec. 12. 1. There is hereby created in the state treasury a continuing fund to be known as the motor pool revolving fund in the amount of $2,000.
2. All operating, maintenance and repair costs for vehicles assigned to the state motor pool shall be paid from the revolving fund.
3. All agencies using vehicles of the state motor pool shall pay a fee for such use in an amount determined by the executive officer.
κ1961 Statutes of Nevada, Page 346 (CHAPTER 204, AB 417)κ
4. All fees and other moneys received by the state motor pool shall be deposited in the motor pool revolving fund.
Sec. 13. NRS 204.080 is hereby amended to read as follows:
204.080 1. It shall be unlawful for any individual, individuals or groups of individuals, whether an employee or employees of the State of Nevada or not, to use any automobile, truck or other means of mechanical conveyance, property of the State of Nevada, for their own private use.
2. [A violation of subsection 1 shall constitute a misdemeanor and shall be punished as such.] The executive officer of any state office, agency, department, commission or institution to which such auto, truck or other means of mechanical conveyance is assigned, and the operator of such equipment, shall be jointly and severally responsible to the state for the unauthorized use of such equipment while so assigned, used or operated.
3. A violation of any provision of this section by any person other than an officer or employee of the State of Nevada is a misdemeanor.
4. A violation of any provision of this section by an officer or employee of the State of Nevada shall constitute malfeasance in office.
Sec. 14. There is hereby appropriated from the general fund in the state treasury the sum of $2,000 to the motor pool revolving fund.
________
Assembly Bill No. 420Committee on Legislative Functions
CHAPTER 205
AN ACT to amend NRS section 220.050, relating to employees of the statute revision commission, by exempting such employees from the provisions of chapter 284 of NRS, relating to the state personnel system; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 220.050 is hereby amended to read as follows:
220.050 1. The commission is authorized to employ:
(a) Necessary clerical assistants.
(b) Necessary assistants in drafting and research who shall be familiar with methods of compilation and drafting of laws.
2. [Necessary clerical assistants shall be compensated at the same rate as are other state employees of comparable positions.] The compensation of necessary assistants [in drafting and research] shall be fixed by the commission.
3. [Notwithstanding the provisions of chapter 284 of NRS, the commission may employ four persons who shall be in the unclassified service of the state.] All necessary assistants employed by the commission shall be exempt from the provisions of chapter 284 of NRS.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 347κ
Senate Bill No. 8Senators Dial and Slattery
CHAPTER 206
AN ACT creating the Nevada centennial commission; providing for the organization of such commission and its powers and duties; creating a Nevada centennial fund; and providing other matters properly relating thereto.
[Approved March 29, 1961]
Whereas, The State of Nevada was admitted to the Union on October 31, 1864; and
Whereas, Nevada became the 36th state admitted to the Union; and
Whereas, The people of Nevada will commemorate with gala and festive celebration the 100th anniversary of the admission of our great state into the Union; and
Whereas, It would be fitting and proper to hold a centennial celebration beginning in the year 1964; and
Whereas, Carson City has been conducting a Nevada Day celebration for the past many years on October 31; and
Whereas, The staging of the centennial celebration will be of great benefit to all of the people of Nevada; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby created the Nevada centennial commission which shall consist of nine members to be appointed by and serve at the pleasure of the governor. The governor shall appoint a member of the Carson City Nevada Day Committee as one of the nine members of the commission. Members shall serve without salary, but shall be allowed the per diem expense allowances and travel expenses as fixed by law.
Sec. 2. The governor shall designate one member of the commission as chairman. Meetings of the commission shall be held at such times and places as the chairman or a majority of its members shall designate. Five members of the commission shall constitute a quorum for all purposes and the affirmative votes of a majority of the members present shall be necessary for the adoption or promulgation of any rule, regulation or order of the commission.
Sec. 3. 1. The commission may:
(a) Organize and support the promotion and staging of the celebration of the 100th anniversary of Nevadas admission into the Union.
(b) Assist counties and cities of the state in adopting a coordinated plan best suited to celebrate Nevadas admission to the Union.
(c) Appoint advisory committees representing various locales.
(d) Appoint a secretary and employ such personnel as it deems necessary, and fix their compensation when funds are available therefor.
(e) Receive gifts of money only for the purposes herein stated.
(f) Contract for the services of such independent contractors as it deems necessary when moneys are available therefor.
(g) Do, in general, any and all things consistent with law, to insure the success of the centennial celebration and to conclude the business of the commission as soon as possible after June 30, 1965.
κ1961 Statutes of Nevada, Page 348 (CHAPTER 206, SB 8)κ
the success of the centennial celebration and to conclude the business of the commission as soon as possible after June 30, 1965.
2. The commission shall cooperate with the Carson City Nevada Day Committee and shall jointly sponsor with that organization a celebration to be held in Carson City, Nevada, on Nevada Day, October 31, 1964. No other celebration shall be sponsored by the commission on Nevada Day, October 31, 1964, other than the celebration in Carson City, Nevada, herein authorized.
Sec. 4. The employees of the commission shall not be subject to the provisions of chapter 284 of NRS.
Sec. 5. For the purpose of enabling the commission to perform the powers and duties enumerated in section 3, there is hereby created in the state treasury the Nevada centennial fund. All moneys provided by direct legislative appropriation or received by the commission by gift or otherwise shall be deposited in such fund. Moneys in such fund shall be paid out on claims certified by the commission in the same manner as other claims against the state are paid.
________
Senate Bill No. 41Senator Monroe
CHAPTER 207
AN ACT to amend NRS sections 642.080, 642.100 and 642.330, relating to licensing of embalmers, by changing the practical experience requirements for applicants for an embalmers license; by providing specific requirements for reciprocity of such licenses; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 642.080 is hereby amended to read as follows:
642.080 [1. Except as provided in subsection 2, an] An applicant for a license to practice the profession of embalming in the State of Nevada shall:
[(a)] 1. Have attained the age of 21 years.
[(b)] 2. Be of good moral character.
[(c)] 3. Be a high school graduate and have completed 2 years of college or the equivalent. The college course or the equivalent must include 6 semester hours of English, 9 semester hours of biological science, and 9 semester hours of chemistry.
[(d) Have had not less than 2 years practical experience under a licensed embalmer, and have] 4. Have completed the full course of instruction in an embalming college or school of mortuary science [of the same type as those rated Class A] accredited by the Conference of Funeral Services Examining Boards of the United States, Incorporated, and approved by the board [.], and have not less than 1 years practical experience under the supervision of an embalmer licensed in the State of Nevada.
κ1961 Statutes of Nevada, Page 349 (CHAPTER 207, SB 41)κ
years practical experience under the supervision of an embalmer licensed in the State of Nevada.
[(e)] 5. Have actually embalmed at least [25] 50 bodies under the supervision of a licensed embalmer prior to the date of examination.
[(f)] 6. Present to the board affidavits of at least two reputable residents of the county in which the applicant proposes to engage in the practice of an embalmer to the effect that the applicant is of good moral character.
[2. No person who on March 22, 1949, is a bona fide resident of Nevada and is either a duly registered apprentice embalmer with the board or is a student in an accredited embalming school approved by the board shall be required to comply with the additional qualifications added to section 5 of chapter 27, Statutes of Nevada 1931, by section 1 of chapter 107, Statutes of Nevada 1949.]
Sec. 2. NRS 642.100 is hereby amended to read as follows:
642.100 Reciprocity may be arranged by the board [with states having requirements equivalent to those of Nevada, where the same courtesy is extended to Nevada licenses, upon payment of a fee of $75 to the secretary of the board; but in case of any doubt on the part of the board an examination shall be had as provided in this chapter.] if an applicant:
1. Is a graduate of a school of mortuary science which is accredited by the Conference of Funeral Services Examining Boards of the United States, Incorporated.
2. Is licensed as an embalmer in another state.
3. Has practiced embalming successfully for at least 5 years, and practiced actively for 2 years immediately preceding the application for a license by reciprocity.
4. Is of good moral character and has been a resident of the State of Nevada for at least 6 months.
5. Has passed an oral examination given by the board on the subjects set forth in subsection 2 of NRS 642.090.
6. Pays a fee of $75 to the secretary of the board.
Sec. 3. NRS 642.330 is hereby amended to read as follows:
642.330 All students shall complete 2 years of apprenticeship and hold a diploma from [a class A] an accredited and approved embalming college, as prescribed by NRS 642.080, before taking the examination.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 350κ
Senate Bill No. 68Committee on Aviation, Transportation and Highways
CHAPTER 208
AN ACT to amend NRS section 482.385, relating to the exemption from registration of vehicles owned by nonresidents, by providing that vehicles shall be registered upon expiration of the foreign registration period during which the owner becomes a resident of Nevada, or upon transfer to a person who is not a nonresident; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.385 is hereby amended to read as follows:
482.385 1. Except as otherwise provided in this section and NRS 482.390, a nonresident owner of a vehicle of a type subject to registration under this chapter, owning any vehicle which has been duly registered for the current year in the state, country or other place of which the owner is a resident and which at all times when operated in this state has displayed upon it the registration number plate or plates issued for such vehicle in the place of residence of such owner, may operate or permit the operation of such vehicle within this state without any registration thereof in this state under the provisions of this chapter and without the payment of any registration fees to the state.
2. Nothing in this section shall be construed:
(a) To permit the use of manufacturers or dealers license plates issued by any state or country by any such nonresident in the operation of any vehicle on the public highways of this state, but the director may enter into mutual agreements and formal compacts with appropriate officials of other states to obtain reciprocal recognition of dealer vehicle license plates.
(b) To require registration of vehicles of a type subject to registration under this chapter operated by nonresident common motor carriers of persons or property, contract motor carriers of persons or property, or private motor carriers of property as stated in NRS 482.390.
3. [Upon expiration of such nonresident registration or upon any transfer of the vehicle within the State of Nevada, the owner shall immediately apply to register the vehicle in this state and shall pay registration and other fees as provided in this chapter.] When a person, formerly a nonresident, becomes a resident of this state, he may continue to operate or permit the operation of any vehicle which he owns and which is validly registered in another jurisdiction, without registration in this state, until the expiration of the registration period of such other jurisdiction during which he became a resident of this state. Immediately upon the expiration of such registration period, the owner shall apply for registration of the vehicle in this state as provided in this chapter.
4. If a vehicle which comes within the provisions of subsection 3 is transferred to a resident of this state, or to a person who uses such vehicle for a gainful purpose in this state, the transferee shall apply immediately for registration of such vehicle as provided in this chapter, and shall not be entitled to the benefits of subsection 3.
κ1961 Statutes of Nevada, Page 351 (CHAPTER 208, SB 68)κ
immediately for registration of such vehicle as provided in this chapter, and shall not be entitled to the benefits of subsection 3.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 148Senator Gallagher
CHAPTER 209
AN ACT authorizing White Pine County to issue its general obligation bonds after an election in an amount not exceeding $500,000 for the purpose of defraying in part the cost of acquiring a hospital to be known as the White Pine County Hospital; and prescribing details in connection therewith.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Subject to the provisions of section 1.5 of this act, the board of county commissioners of White Pine County, State of Nevada, is hereby authorized and empowered to issue its general obligation bonds in an amount not exceeding $500,000 for the purpose of defraying in part the cost of acquiring a hospital to be known as the White Pine County Hospital.
Sec. 1.5 The board of county commissioners may 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.
Sec. 2. The bonds shall be of convenient denominations, negotiable in form, mature serially in regular numerical order at annual or other stated intervals as determined by the board, commencing not later than 3 years from date and ending not later than 20 years from such date, and shall bear interest at a rate of not exceeding 6 percent per annum, payable annually, semiannually, or at other stated intervals, both principal and interest being 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.
κ1961 Statutes of Nevada, Page 352 (CHAPTER 209, SB 148)κ
of Nevada as may be provided by the board. The board of county commissioners may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the proceedings authorizing their issuance.
Sec. 3. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. Either of said officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. The clerk of the county may cause its seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
Sec. 4. The board is hereby authorized to sell such bonds, at public sale, in accordance with NRS 350.120 to 350.160, both inclusive, at one time, or from time to time, as the board may determine, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition of such hospital hereby authorized and with the authorization, issuance and sale of such bonds.
Sec. 5. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and so far as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any other statutory tax limitations now or hereafter existing. It shall be the duty of the board and of any other body as may be charged with the duty of levying taxes therein annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. If any year in which the total taxes levied against the taxable property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10.
κ1961 Statutes of Nevada, Page 353 (CHAPTER 209, SB 148)κ
the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of 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 such interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 6. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 7. This act, without reference to other statutes of the state or to action heretofore taken by the county or its officers, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise provided. The bonds may be issued, and such acquisition undertaken without adherence to NRS 450.010 to 450.060, and NRS 450.270 to 450.380, all inclusive, and 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 to and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 8. Bonds issued under the provisions of this act, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 9. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 10. This act being necessary to secure and preserve the public health, safety and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 11. If any provision of this act or the application thereof to any person, association, corporation, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
Sec. 12. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 354κ
Senate Bill No. 164Senator Gallagher
CHAPTER 210
AN ACT to amend chapter 379 of NRS, relating to county, city and town public libraries, by adding new sections allowing the creation of separate and continuing funds for gifts to city, town and county libraries; authorizing use of moneys from such funds for construction of new library buildings, capital improvements to library buildings, or other library purposes; authorizing library trustees to invest and reinvest the moneys held in such special funds; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 379 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The library trustees of any county free public library are authorized to establish with the county treasurer, as custodian, a special fund, which fund shall be known as the county library gift fund. The moneys in such fund shall be derived from all or any part of any gift, bequest or devise, including the interest thereon. Such fund shall be a separate and continuing fund and no moneys in such fund shall revert to the general fund of the county at any time.
2. The moneys in a county library gift fund may be used for construction of new library buildings, capital improvements to library buildings, special library services, or other library purposes. No expenditure from a county library gift fund shall be made until authorized by the library trustees.
3. The library trustees of a county free public library may invest or reinvest all or part of the moneys in the county library gift fund in any investment authorized for city and county moneys under chapter 355 of NRS.
Sec. 3. 1. The library trustees of any city or town free public library are authorized to establish with the county treasurer, as custodian, a special fund, which shall be known as the ..................................................... city (town) library gift fund. The moneys in such fund shall be derived from all or any part of any gift, bequest or devise, including the interest thereon. Such gift fund shall be a separate and continuing fund and no moneys in such fund shall revert to the general fund of the county at any time.
2. The moneys in a city or town library gift fund may be used for construction of new library buildings, capital improvements to library buildings, special library services, or other library purposes. No expenditure from a city or town library gift fund shall be made until authorized by the library trustees.
3. The library trustees of a city or town free public library may invest or reinvest all or part of the moneys in the city or town library gift fund in any investment authorized for city and county moneys under chapter 355 of NRS.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 355κ
Senate Bill No. 198Senator Settelmeyer
CHAPTER 211
AN ACT to amend an act entitled An Act fixing the salaries and compensation of certain officers of Douglas County, Nevada, providing for the appointment and salaries of deputy sheriffs and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith, approved March 21, 1953, as amended.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 105, Statutes of Nevada 1960, at page 122, is hereby amended to read as follows:
Section 1. The following-named officers of Douglas County, Nevada, shall receive, in full payment for all services rendered by them, the following salaries:
The sheriff shall receive the sum of [$6,000] $6,600 per annum, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county. Said sheriff may, with the consent and approval of the board of county commissioners, appoint [one or more deputies, and each deputy shall receive such salary, not less than $350 or more than $400 per month, based on the length of service, and] two undersheriffs at not to exceed $450 per month, two deputy sheriffs at not to exceed $425 per month, and one or more deputy sheriffs at not to exceed $400 per month. Each undersheriff and deputy sheriff shall receive mileage, as may be fixed by the board of county commissioners. Said salaries shall be in full payment for all services performed by said sheriff and deputies.
Sec. 2. Section 2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 251, Statutes of Nevada 1959, at page 302, is hereby amended to read as follows:
Section 2. The assessor shall receive the sum of [$6,000] $6,600 per annum. The assessor may appoint one deputy assessor who shall receive the sum of $4,800 per annum. Said [salary] salaries shall be in full payment for all services now required by law to be performed by the assessor [,] and deputy assessor, and for all traveling and mileage expenses of such [officer] officers in the discharge of [his] their official duties within the county, at the rate of 10 cents per mile.
Sec. 3. Section 3 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 251, Statutes of Nevada 1959, at page 302, is hereby amended to read as follows:
Section 3. The county clerk and county treasurer shall receive the sum of [$6,000] $6,600 per annum. Said salary shall be in full payment for all services now required by law to be performed by the county clerk and county treasurer, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
κ1961 Statutes of Nevada, Page 356 (CHAPTER 211, SB 198)κ
Sec. 4. Section 4 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 251, Statutes of Nevada 1959, at page 302, is hereby amended to read as follows:
Section 4. The county recorder and county auditor shall receive the sum of [$6,000] $6,600 per annum. Said salary shall be in full payment for all services now required by law to be performed by the county recorder and county auditor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 5. Section 5 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 105, Statutes of Nevada 1960, at page 122, is hereby amended to read as follows:
Section 5. The district attorney shall receive the sum of [$6,000] $6,600 per annum. Said salary shall be in full payment for all services now required by law to be performed by the district attorney, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county. The said district attorney shall prosecute all criminal cases and attend the trials of the same at any place in Douglas County, and also attend to and be the legal advisor for said county.
Sec. 6. Section 7 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 251, Statutes of Nevada 1959, at page 303, is hereby amended to read as follows:
Section 7. The county commissioners of Douglas County shall receive the sum of [$1,800] $2,400 per annum each, payable monthly in 12 equal payments, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of their official duties in the county.
Sec. 7. The above-entitled act, being chapter 183, Statutes of Nevada 1953, at page 213, is hereby amended by adding thereto a new section which shall be designated section 8.2, which section shall immediately follow section 8 and shall read as follows:
Section 8.2. Clerical employees of Douglas County elective officers shall each receive a salary not to exceed $380 per month.
Sec. 8. This act shall become effective on the first day of the first month following its passage and approval.
________
κ1961 Statutes of Nevada, Page 357κ
Senate Bill No. 4Senator Slattery
CHAPTER 212
AN ACT to amend NRS section 122.020, relating to consent of parents to childs marriage, by providing for consent by mothers and guardians under certain circumstances; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 122.020 is hereby amended to read as follows:
122.020 1. Male persons of the age of 18 years, and female persons of the age of 16 years, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage.
2. [Male persons under the age of 21 years, and female persons under the age of 18 years, shall first obtain the consent of their fathers, respectively, or in case of the death or incapacity of their fathers, then of their mothers or guardians.] Except as provided in subsections 3 and 4, each male person under the age of 21 years, and each female person under the age of 18 years, shall, prior to marriage, obtain the consent of his or her father.
3. The consent of the mother shall be obtained if the parents are divorced or separated and the mother has custody of the child pursuant to a judicial decree, or in case of the death, incapacity or prolonged absence of the father.
4. The consent of the guardian shall be obtained in case of death or incapacity of both parents.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 194Committee on Judiciary
CHAPTER 213
AN ACT to amend NRS section 598.030, relating to the right of merchants to request that persons keep merchandise in their possession in full view, by providing that if such a person refuses to pay for or return such merchandise, the merchant may detain him for the purpose of notifying a peace officer; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 598.030 is hereby amended to read as follows:
598.030 1. As used in this section:
(a) Merchandise means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
κ1961 Statutes of Nevada, Page 358 (CHAPTER 213, SB 194)κ
(b) Merchant means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchants premises.
(c) Premises means any establishment or part thereto wherein merchandise is displayed, held or offered for sale.
2. [Any] Subject to the provisions of subsection 3, any merchant shall have the right to request any individual on his premises to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. Any merchant may also request that such individual pay for such merchandise, produce a receipt for its purchase, or return it to the place from which it was removed. If such individual refuses to pay for such merchandise, produce a receipt for its purchase, or return it, the merchant may detain him in a reasonable manner and for a reasonable time for the purpose of informing a peace officer of the circumstances. No merchant shall be criminally or civilly liable on account of having made such a request [.] or of having so detained such an individual.
3. No merchant shall be entitled to the immunity from liability provided for in subsection 2 unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
Any person on the premises of a merchant who refuses, at the request of the merchant or his agent, to pay for any article of merchandise in his possession, produce a receipt for its purchase, or return it, may be detained by the merchant or his agent for the purpose of notifying a peace officer. Nevada Revised Statutes, section 598.030.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of state printing. The superintendent shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 359κ
Senate Bill No. 203Senators Whitacre, Brown, Dial, Dodge, Duffy, Echeverria, Frank, Fransway, Gallagher, Lamb, Lemaire, McGowan, Monroe, Parks, Rand, Settelmeyer and Slattery
CHAPTER 214
AN ACT to amend NRS sections 463.023, 463.024 and 463.050, relating to the qualifications, eligibility, appointment, terms, vacancies and removal of members of the Nevada gaming commission and the appointment, terms, vacancies and removal of members of the state gaming control board, by stating the intention of the legislature that preferably no two members of the Nevada gaming commission shall be of the same profession or major field of industry; by providing that a member of the Nevada gaming commission may be removed from office by the governor without cause with the concurrence of a majority of the legislative commission; and providing that members of the state gaming control board shall serve at the pleasure of the governor; to amend chapter 463 of NRS, relating to the licensing and control of gambling, by creating the gaming policy board; providing for the composition and meetings of such board; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.023 is hereby amended to read as follows:
463.023 1. Each member of the commission shall be:
(a) A citizen of the United States; and
(b) A resident of the State of Nevada.
2. No member of the legislature, no person holding any elective office in the state government, nor any officer or official of any political party shall be eligible to appointment to the commission.
3. It is the intention of the legislature that the commission shall be composed of the most qualified persons available, preferably [persons familiar with gaming operations;] no two of whom shall be of the same profession or major field of industry; but no person actively engaged or having a direct pecuniary interest in gaming activities shall be a member of the commission.
4. Not more than three members of the commission shall be of the same major political affiliation.
Sec. 2. NRS 463.024 is hereby amended to read as follows:
463.024 1. The members of the commission shall be appointed by the governor.
2. The governor shall designate the member to serve as chairman of the commission.
3. Appointments to the commission, except those to fill unexpired terms, shall be for terms as follows:
(a) Three members for 4 years.
(b) Two members for 2 years.
(c) Thereafter, all members shall be appointed for terms of 4 years.
4. Appointments to fill vacancies on the commission shall be for the unexpired term of the member to be replaced, and shall be made by the governor.
5. Any commissioner may be removed by the governor: [if,]
κ1961 Statutes of Nevada, Page 360 (CHAPTER 214, SB 203)κ
(a) If, in his opinion, such commissioner is guilty of malfeasance in office or neglect of duty.
(b) At any time without stated cause with the concurrence of a majority of the legislative commission.
Sec. 3. NRS 463.050 is hereby amended to read as follows:
463.050 1. Appointments to the board, except those to fill unexpired terms, shall be for terms as follows:
(a) Two members for 4 years.
(b) One member for 2 years.
(c) Thereafter, all members shall be appointed for terms of 4 years.
2. Appointments to the board shall be made by the governor [.] and members shall serve at the pleasure of the governor.
3. Appointments to fill vacancies on the board shall be for the unexpired term of the member to be replaced, and shall be made by the governor.
4. The governor shall designate the member to serve as chairman of the board.
[5. Any member may be removed by the governor if, in his opinion, such member is guilty of malfeasance in office or neglect of duty.]
Sec. 4. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The gaming policy board, consisting of the governor as chairman and the members of the commission and of the board, is hereby created.
2. The governor may, from time to time, call meetings of the gaming policy board for the exclusive purpose of discussing matters of gaming policy.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 224Committee on Social Welfare
CHAPTER 215
AN ACT to amend NRS sections 432.020 to 432.040, inclusive, relating to powers of the state welfare department concerning maintenance and special services for children, by extending such powers; by providing for maintenance and services for children paroled from the Nevada school of industry; by reducing county participation in the payment of expenses for maintenance and special services; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 432.020 is hereby amended to read as follows:
432.020 The department is hereby authorized and empowered:
1. To provide maintenance and special services to:
κ1961 Statutes of Nevada, Page 361 (CHAPTER 215, AB 224)κ
(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 [.] , but payment for children who are placed in the Nevada state childrens home shall be made in accordance with the provisions of NRS 423.210.
(d) Children under the jurisdiction and in the custody of the Nevada school of industry who are referred to the department as requiring foster home care upon being paroled from such school.
2. To accept moneys from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter 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. 2. NRS 432.030 is hereby amended to read as follows:
432.030 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 [.] ; or
4. Upon referral by the Nevada school of industry for foster home care.
Sec. 3. NRS 432.040 is hereby amended to read as follows:
432.040 1. In the case of placement of a child under the provisions of paragraph (c) of subsection 1 of NRS 432.020, 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 the nonfederal share 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, children referred by the Nevada school of industry as requiring foster home care 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.
________
κ1961 Statutes of Nevada, Page 362κ
Assembly Bill No. 229Mr. Dyer
CHAPTER 216
AN ACT appropriating moneys to the Nevada state prison for the construction of a chapel; providing for supervision of such construction; allowing acceptance of offers of assistance from private organizations; and providing other matters properly relating thereto.
[Approved March 29, 1961]
Whereas, There are no facilities upon the grounds of the Nevada state prison which may be used to provide spiritual guidance for the inmates of such prison or which may be used by the psychologist of such prison in providing aid to such inmates; and
Whereas, A majority of the church leaders in the State of Nevada have expressed a willingness and desire to enter into the cooperative project of providing furnishings for a chapel and psychologist facilities which may be constructed upon the grounds of the Nevada state prison; and
Whereas, The construction of such facilities would be in the best interests of the inmates of such prison and of the general public; and
Whereas, It is essential that the State of Nevada provide assistance in the construction of such facilities; 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 Nevada state prison in constructing facilities on the site of and for the use of the Nevada state prison there is hereby appropriated from the general fund in the state treasury the sum of $12,500.
Sec. 2. Notwithstanding any other provision of law, such facilities shall be constructed under the supervision of the state board of prison commissioners and the warden of the Nevada state prison, and the warden may accept offers of labor, technical assistance and furnishings from religious, civic, fraternal and labor union organizations.
Sec. 3. Upon completion, such facilities shall be used to provide a meeting place wherein spiritual guidance may be given to inmates of the Nevada state prison by clergymen of all faiths, wherein assistance in rehabilitation of such inmates may be given by the prison psychologist, and for other related purposes.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 363κ
Assembly Bill No. 302Clark County Delegation
CHAPTER 217
AN ACT to amend NRS section 247.070, relating to purchase and preservation of newspapers by county recorders, by providing that county recorders may keep microfilm copies of such newspapers in lieu of bound volumes; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 247.070 is hereby amended to read as follows:
247.070 1. County recorders shall subscribe for such newspapers, at least one and not more than three, printed and published in their respective counties, as the board of county commissioners therein may select and determine.
2. Each county recorder shall:
(a) Receive and preserve every copy of the paper or papers so subscribed for; and
(b) From time to time, cause the same to be arranged properly and bound in volumes of convenient size in a substantial manner.
The volumes when bound shall be kept in his office for the use of the courts, when needed, of strangers and the inhabitants of the county, all of whom shall have access to the same at all times during office hours, free of charge. For his services in this behalf the county recorder shall receive the sum of $10 for each volume, and for neglect of the duties hereby imposed, he shall forfeit the sum of $50 to be recovered, with costs, in a civil action before any court, one-half of which shall be paid into the county school fund, and the other half to the person who shall prosecute such action to successful termination.
3. The county recorder of each county may microfilm each issue of the newspaper or newspapers subscribed for as provided in subsection 1 and keep a file of such microfilms in lieu of keeping a file of the newspapers.
4. The subscription price of such paper or papers, the binding of the several volumes thereof, the cost of microfilming, and the county recorders compensation for the care and preservation of the same shall be paid out of the general fund of the county, in the same manner that other charges are audited and allowed from such fund by the respective boards of county commissioners; but in any county in which the county recorder is compensated by a salary, the county recorder shall receive for such services no compensation additional to that of his salary, and the expense of procuring and filing such newspapers or microfilms shall be paid as stationery and books for the office of the county recorder are now paid for.
[4.] 5. Any person who shall willfully abstract, destroy, mutilate or deface any such microfilm or number or volume of such newspaper purchased in pursuance of this section shall be deemed guilty of a misdemeanor, and shall be punished by a fine in a sum not exceeding $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
κ1961 Statutes of Nevada, Page 364 (CHAPTER 217, AB 302)κ
$500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 341Clark County Delegation
CHAPTER 218
AN ACT to amend NRS sections 244.335 and 244.345, relating to regulation of and imposition of license taxes on businesses by counties, and to licensing of places of amusement, entertainment and recreation, by granting county license boards exclusive jurisdiction to regulate amusement, entertainment and recreation business outside the limits of incorporated cities and towns; by granting the county license board power to adopt regulations for the regulation and licensing of such businesses in such areas; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.335 is hereby amended to read as follows:
244.335 [The] 1. Except as provided in subsection 2, the board of county commissioners shall have power and jurisdiction in their respective counties to:
[1.] (a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in their respective counties, outside of the limits of incorporated cities and towns.
[2.] (b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards shall have the exclusive power and jurisdiction in their respective counties to regulate the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, soft drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town. The county license boards shall have the power and jurisdiction to fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
Sec. 2. NRS 244.345 is hereby amended to read as follows:
244.345 1. Every person, firm, association of persons or corporation wishing to engage in the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, soft drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town, shall:
(a) Make application by petition to the license board, as provided in subsection 2, of the county in which any such business is to be engaged in, for a county license of the kind desired.
κ1961 Statutes of Nevada, Page 365 (CHAPTER 218, AB 341)κ
in subsection 2, of the county in which any such business is to be engaged in, for a county license of the kind desired. Such application shall be in a form prescribed by the regulations of the license board.
(b) File the application with the required license fee with the county license collector, who shall present the same to the license board at its next regular meeting.
The board may refer the petition to the sheriff, who shall report upon the same at the following regular meeting of the board. The board shall then and there grant or refuse the license prayed for [.] or enter such other order as is consistent with its regulations. Except in the case of an application for a license to conduct a gambling game or device, the sheriff may, in his discretion, grant a temporary permit to an applicant, valid only until the next regular meeting of the board. In unincorporated towns and cities governed under the provisions of chapter 269 of NRS, the license board shall have the exclusive power to license and regulate the businesses herein set forth.
2. The board of county commissioners, the sheriff and the district attorney of the county shall constitute the license board, and the county clerk or other person designated by the license board shall be the clerk thereof, in the respective counties of this state.
3. The license board is empowered and commissioned to act for the purposes of this section (without further compensation to the board or the clerk thereof) as a license board to:
(a) Fix, [and] impose and collect license fees [and to grant or refuse licenses] upon the businesses herein mentioned.
(b) [Revoke the same whenever there is, in the judgment of the board, sufficient reason for such revocation.] Grant or deny applications for licenses and impose conditions, limitations and restrictions upon the licensee.
(c) Adopt, amend and repeal regulations relating to licenses and licensees.
(d) Restrict, revoke or suspend licenses for cause after hearing. In an emergency the board may issue an order for immediate suspension or limitation of a license, but the order shall state the reason for suspension or limitation and shall afford the licensee a hearing.
4. The license board shall hold a hearing before adopting proposed regulations, before adopting amendments to regulations, and before repealing regulations relating to the control or the licensing of the businesses mentioned in this section. Notice of such hearing shall be published in a newspaper published in and having general circulation in the county at least once a week for a period of 2 weeks before the hearing.
5. New regulations shall be adopted after public hearing by a vote of at least two-thirds of the members present. Upon adoption of new regulations the board shall designate their effective date, which shall not be earlier than 15 days after their adoption. Immediately after adoption a copy of any new regulations shall be mailed to the address of each licensee and each practicing attorney in the county.
[A] 6. Except for the adoption of new regulations a majority vote of the members of the license board present shall govern in the transaction of all [business, and three] business.
κ1961 Statutes of Nevada, Page 366 (CHAPTER 218, AB 341)κ
of the members of the license board present shall govern in the transaction of all [business, and three] business. A majority of the members thereof shall constitute a quorum for the transaction of business.
[4.] 7. Any person, firm, association of persons or corporation who shall engage in any of the businesses herein mentioned without first having obtained the license and paid the license fee therefor as herein provided shall be guilty of a misdemeanor.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 361Washoe County Delegation
CHAPTER 219
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of Article XIV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 341, Statutes of Nevada 1959, at page 515, is hereby amended to read as follows:
Section 9. The police judge shall receive a salary of [$10,000] $12,500 per annum, payable in twelve monthly installments.
________
Assembly Bill No. 378Mr. Crawford (by request)
CHAPTER 220
AN ACT to amend NRS section 463.270, relating to renewal of state gaming licenses, by prescribing procedures for renewal of certain slot machine licenses and payment of license fees therefor.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.270 is hereby amended to read as follows:
463.270 1. Subject to the power of the commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the commission for the next succeeding calendar quarter upon proper application for renewal and payment of state license fees as required by law and the regulations of the commission.
κ1961 Statutes of Nevada, Page 367 (CHAPTER 220, AB 378)κ
2. All state gaming licenses shall become subject to renewal on the 1st day of each January and the 1st day of each calendar quarter thereafter.
3. Application for renewal shall be filed with the commission and all state license fees required by law shall be paid to the commission on or before the 25th day of January of each year and on or before the 25th day of the first month of each calendar quarter thereafter.
4. Application for renewal of licenses for slot machines only shall be made by the licensee-owner of the slot machines on behalf of himself and the operators of the locations where such machines are situated. The license fee payable pursuant to NRS 463.370 shall be based upon the entire gross revenue derived from all slot machines for which the licensee-owner is licensed, whether or not such gross revenue is shared with any location operator, and shall be paid by the licensee-owner of the slot machines.
[4.] 5. Any person failing to pay any state license fees due at the times hereinabove provided shall pay in addition to such license fees a penalty of not less than $10 or 10 percent of the gross amount due, whichever is the greater, but in no case in excess of $500, which penalty shall be collected as are other charges, licenses and penalties under this chapter.
[5.] 6. Upon renewal of any state license, the commission shall issue an appropriate renewal certificate or validating device or sticker, which shall be attached to each state gaming license so renewed.
[6.] 7. Any person who shall operate, carry on, conduct or expose for play any gambling game, gaming device or slot machine after his license shall have become subject to renewal, and shall thereafter fail to apply for renewal as herein provided, shall be guilty of a misdemeanor; and, in addition to the penalties provided by law, shall be liable to the State of Nevada for all license fees and penalties which would have been due and payable upon application for renewal as herein provided.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 381Messrs. Schouweiler and Bailey
CHAPTER 221
AN ACT authorizing the City of Reno, Nevada, to convey certain real property to George E. Wilkinson.
[Approved March 29, 1961]
Whereas, The City of Reno, Nevada, in the best interests of the people of Reno and upon adequate consideration, entered into an agreement with George E. Wilkinson on March 11, 1959, for the exchange of certain real property in such city; and
Whereas, George E. Wilkinson fully complied with his part of such agreement by executing a valid deed to the City of Reno, but the conveyance executed by the City of Reno to Mr.
κ1961 Statutes of Nevada, Page 368 (CHAPTER 221, AB 381)κ
such agreement by executing a valid deed to the City of Reno, but the conveyance executed by the City of Reno to Mr. Wilkinson proved insufficient for title insurance purposes; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section. 1. The mayor of the City of Reno, Nevada, with the consent of the city council of the City of Reno, is authorized, on behalf of such city, to execute a deed conveying to George E. Wilkinson, of Reno, Nevada, in fee simple, without further consideration, the property described in section 2.
Sec. 2. The property authorized to be conveyed pursuant to section 1 lies wholly within the N 1/2 of the NE 1/4 of Section 13, T. 19 N., R. 19 E., M.D.B. & M., and consists of that certain lot, piece or parcel of property situate in the City of Reno, County of Washoe, State of Nevada, more particularly described as follows:
Beginning at the northeast corner of Lot 3, Block A of Albion Subdivision, City of Reno, Nevada according to the official map thereof filed in the office of the County Recorder of Washoe County, State of Nevada September 9, 1946; thence N 0° 34′ W. along the westerly line of Wilkinson Avenue 304.35 feet to the beginning of a curve to the left; thence along said curve to the left with a radius of 15.0 feet and through a central angle of 90° 08′ an arc distance of 23.60 feet; thence S 89° 18′ W 95.49 feet; thence S 0° 26′ 20ʺ E. 319.41 feet to the northwest corner of said Lot 3, Block A Albion Subdivision; thence N 89° 26′ E. 111.25 feet to the point of beginning.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 421Committee on Livestock
CHAPTER 222
AN ACT authorizing the owners of certain brands to rerecord the same with the state board of stock commissioners; providing certain conditions and requirements for such rerecording; providing for penalties and their disposition; providing a time within which this act shall expire; and providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. As used in this act, board means the state board of stock commissioners or its successor.
2. Notwithstanding the provisions of NRS 564.050 or 564.120 or any other law or rule or regulation of the board, any owner of a brand of record under the provisions of NRS 564.010 to 564.150, inclusive, on December 31, 1960, which brand is identical with or similar to any brand previously recorded and remaining of legal record, who had the right to rerecord such brand and because of mistake, inadvertence or excusable neglect failed within 60 days prior to January 1, 1961, to make application to the board for such rerecording, may make application for rerecording to the board between the effective date of this act and June 1, 1961.
κ1961 Statutes of Nevada, Page 369 (CHAPTER 222, AB 421)κ
similar to any brand previously recorded and remaining of legal record, who had the right to rerecord such brand and because of mistake, inadvertence or excusable neglect failed within 60 days prior to January 1, 1961, to make application to the board for such rerecording, may make application for rerecording to the board between the effective date of this act and June 1, 1961.
3. The application for such rerecording shall be in writing and shall be accompanied by:
(a) The rerecording fee set by the board in accordance with the provisions of NRS 564.080.
(b) A penalty fee in the sum of $25.
(c) An affidavit executed by the owner stating the facts constituting the mistake, inadvertence or excusable neglect which resulted in his failure to apply for rerecordation within the time provided in NRS 564.120.
4. All moneys received by the board pursuant to the provisions of paragraphs (a) and (b) of subsection 3 shall be deposited in the stock inspection fund.
5. If application for reregistration of such brand is made to the board prior to June 1, 1961, pursuant to the provisions of this act, such brand shall not be deemed to have been abandoned and shall be of legal record as provided for by NRS 564.010 to 564.150, inclusive, from January 1, 1961.
Sec. 2. This act shall become effective upon passage and approval and shall expire by limitation at midnight of May 31, 1961.
________
Assembly Bill No. 425Humboldt County Delegation
CHAPTER 223
AN ACT to amend chapter 248 of NRS, relating to sheriffs, by adding a new section providing for fees of the sheriff of Humboldt County; and by providing other matters properly relating thereto.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 248 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The sheriff of Humboldt 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 $0.50
κ1961 Statutes of Nevada, Page 370 (CHAPTER 223, AB 425)κ
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile........................................................................................................ $0.50
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.
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 Humboldt 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.
κ1961 Statutes of Nevada, Page 371 (CHAPTER 223, AB 425)κ
(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 Humboldt 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. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 427Ormsby County Delegation
CHAPTER 224
AN ACT to amend an act 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, 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.
[Approved March 29, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of the above-entitled act, being chapter 182, Statutes of Nevada 1960, at page 340, is hereby amended to read as follows:
Section 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,] city council of the city of Carson City 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?
κ1961 Statutes of Nevada, Page 372 (CHAPTER 224, AB 427)κ
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
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,] such separation of offices shall be effective on and after July 1, 1962, and the city council of Carson City, on and after July 1, 1962, 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. 2. Section 3 of the above-entitled act, being chapter 182, Statutes of Nevada 1960, at page 341, is hereby amended to read as follows:
Section 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,] city council of the city of Carson 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.] effective on and after July 1, 1962.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 373κ
Assembly Bill No. 436Nye County Delegation
CHAPTER 225
AN ACT authorizing and directing the county auditor and the county treasurer of Nye County, Nevada, to transfer the sum of $6,450 from the Rose bond interest and redemption fund in the county treasury to the Nye County school district fund; limiting the expenditure of the moneys so transferred by the board of trustees of the Nye County school district; and providing other matters properly relating thereto.
[Approved March 29, 1961]
Whereas, Prior to the abolishment of the Rose school district in Nye County, Nevada, pursuant to law, the board of trustees of such school district was authorized by an election to issue the negotiable coupon general obligation bonds of the school district; and
Whereas, Anticipating that such authorized bonds would thereafter be issued by the board of trustees, the board of county commissioners of Nye County levied an ad valorem tax in the Rose school district and taxes in the amount of $6,450 were thereafter collected and deposited in the Rose bond interest and redemption fund in the treasury of Nye County; and
Whereas, Such authorized bonds were never issued and the Rose school district was subsequently abolished by law; and
Whereas, It is proper that the tax moneys so collected should be transferred to the Nye County school district fund and expended by the board of trustees of the Nye County school district only for the purposes of obtaining capital improvements or equipment in the Pahrump school attendance area, the area formerly comprising the Rose school district; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county auditor and the county treasurer of Nye County, Nevada, are hereby authorized and directed to transfer the sum of $6,450 from the Rose bond interest and redemption fund in the county treasury of Nye County to the Nye County school district fund.
Sec. 2. After the transfer authorized by the provisions of section 1 is effected, the board of trustees of the Nye County school district shall expend such moneys only for the purpose or purposes of acquiring capital improvements or equipment for use in the Pahrump school attendance area in the county school district, such attendance area comprising the area of the former Rose school district.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 374κ
Assembly Bill No. 231Clark County Delegation
CHAPTER 226
AN ACT to amend NRS section 244.660, relating to the compensation, oaths and bonds of members of county fair and recreation boards, by adding a new subsection providing for compensation to board members for attendance at certain meetings; and by providing other matters properly relating thereto.
[Approved March 30, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.660 is hereby amended to read as follows:
244.660 1. Whenever any county fair and recreation board has been organized or reorganized, each member thereof shall file with the county clerk:
(a) His oath of office.
(b) A corporate surety bond furnished at county expense, in an amount not to exceed $1,000, and conditioned for the faithful performance of his duties as a member of the board.
2. [No] Except as provided in subsection 3, no member shall receive any compensation as an employee of the board or otherwise, and no member of the board shall be interested in any contract or transaction with the board or the county except in his official representative capacity.
3. Each member of a board created and existing in a county having a population of 120,000 or more as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce shall receive for attending not more than one regular meeting per month the sum of $25, and shall receive for attending not more than two special meetings per month the sum of $15 per meeting. The total compensation payable to a member under this subsection shall not exceed $55 in any 1 month.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 375κ
Senate Bill No. 216Committee on Public Health
CHAPTER 227
AN ACT to amend NRS sections 633.010, 633.020, 633.060, 633.070, 633.080, 633.090, 633.110 and 633.120, which define terms in the law concerning osteopathy and relate to the state board of osteopathy, requirements and examinations for applicants for licenses as osteopaths, and issuance, suspension and revocation of licenses to practice osteopathy, by amending the definition of a school or college of osteopathy in good standing and defining hospital internship; by requiring the state board of osteopathy to elect officers and authorizing it to employ investigators and legal counsel; by requiring internship by applicants for licenses; by designating the subjects of examination for applicants; by authorizing the issuance of licenses to certain persons without examination; by requiring the payment of an annual registration fee and annual attendance at a training course; by providing additional grounds for the suspension and revocation of licenses; and by providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 633.010 is hereby amended to read as follows:
633.010 As used in this chapter:
1. Board means the state board of osteopathy.
2. Hospital internship means a 1-year internship in a general hospital conforming to the minimum standards for intern training established by the American Hospital Association or the American Osteopathic Association.
3. Osteopathy means that system of the healing art which places the chief emphasis on the structural integrity of the body mechanism as being the most important single factor in maintaining the well-being of the organism in health and disease.
[3.] 4. School or college of osteopathy in good standing means a legally chartered osteopathic school or college:
(a) Requiring for admission to its course of study a preliminary education equal to the requirements for graduation of an accredited high school [; and] and not less than 2 years of premedical college training; and
(b) Requiring, [before granting the degree of doctor of osteopathy an actual attendance of at least 36 months, or 4 terms of 9 months each, no 2 of which shall be given in any 1 year; and] as a prerequisite to graduation with a degree of doctor of osteopathy, the successful completion of a course requiring an actual attendance of 36 months; and
(c) Offering a course of study to include the following subjects:
(1) Anatomy; embryology; chemistry (advanced to include organic and physiological chemistry and toxicology); histology; physiology; pathology; bacteriology; hygiene; hydrotherapy; X-radiance and electrical diagnosis; and dietetics.
(2) Osteopathy:
(I) Principles of osteopathy.
(II) Osteopathic technique.
κ1961 Statutes of Nevada, Page 376 (CHAPTER 227, SB 216)κ
(III) Practice of osteopathy, to include diseases of the nervous system; alimentary tract; heart and vascular system; genito-urinary diseases, ductless glands and metabolism; respiratory tract; bone and joint diseases; corrective gymnastics; acute and infectious diseases; pediatrics; dermatology; syphilis, psychiatry; diagnosis (physical, laboratory and differential); clinical practice; case recording; surgery (with emphasis on fractures and dislocations); principles of surgery and surgical diagnosis; orthopedics; orificial and chemical eye, ear, nose and throat; gynecology; obstetrics; professional ethics and efficiency; and jurisprudence.
Sec. 2. NRS 633.020 is hereby amended to read as follows:
633.020 1. The state board of osteopathy consisting of three members shall be appointed by the governor. Members of the board shall be appointed from persons who hold licenses under this chapter or any preceding act regulating the practice of osteopathy in this state.
2. Members of the board shall be appointed for a term of 3 years and they shall hold office until the appointment and qualification of their successors.
3. The terms of the members of the board in office when this chapter takes effect shall expire as follows: One on July 1, 1957; one of July 1, 1958; and one on July 1, 1959. The term of each member shall expire in the same relative order as the term for which he holds office before this chapter takes effect.
4. Vacancies occurring shall be filled by appointment for the unexpired term.
5. Each member of the board shall, before entering upon the duties of his office, take the oath of office prescribed by the constitution before someone qualified to administer oaths, and shall, in addition, make oath that he is a legally qualified practitioner of osteopathy in this state.
6. Compensation of members of the board shall be fixed by the bylaws of the board.
7. The board shall elect from its members a president, vice president and secretary-treasurer, who shall hold office at the pleasure of the board, and may fix and pay a salary to the secretary-treasurer.
8. The board may employ legal counsel and persons to assist in investigations.
Sec. 3. NRS 633.060 is hereby amended to read as follows:
633.060 Each applicant for the examination provided for in this chapter shall comply with the following requirements:
1. Make application for examination on blank forms prepared and furnished by the board.
2. Submit evidence, verified and satisfactory to the board, that applicant is 21 years of age or over and has the preliminary and professional education required by this chapter [.], including completion of an approved hospital internship.
3. Pay in advance to the board a fee of [$25] $100 for examination of an osteopathic physician and surgeon.
Sec. 4. NRS 633.070 is hereby amended to read as follows:
633.070 Standards of professional education are fixed as follows:
κ1961 Statutes of Nevada, Page 377 (CHAPTER 227, SB 216)κ
To practice as an osteopathic physician and surgeon, the applicant shall be a graduate of a professional school or college of osteopathy which requires, as a prerequisite to graduation, [a 4-year course of 9 months each year,] the successful completion of a course requiring an actual attendance of 36 months, covering the standard curriculum, as defined in NRS 633.010, and giving instructions in all the subjects necessary to educate a thoroughly competent general osteopathic practitioner.
Sec. 5. NRS 633.080 is hereby amended to read as follows:
633.080 1. Examinations shall be held at least twice a year at the time and place fixed by the board. All applicants shall be notified in writing of the examinations.
2. The examination subjects shall include anatomy and its subdivisions, physiology, biochemistry, pathology, bacteriology, pharmacology, including materia medica, toxicology, diseases of the skin, eye, ear, nose, throat and genito-urinary system, osteopathic and general medicine, surgery, obstetrics and gynecology and pediatrics.
3. The board may utilize the assistance of expert professional examination services and personnel for conducting examinations.
Sec. 6. NRS 633.090 is hereby amended to read as follows:
633.090 1. The board may at its discretion issue a license without examination to:
(a) A practitioner who has been licensed in any country, state, territory or province, upon the condition that the requirements of registration in the country, state, territory or province in which the applicant is licensed are deemed by the board to have been practically equivalent to the requirements of registration in force in this state at the date of such license.
(b) An osteopathic physician who is a graduate of an osteopathic college in good standing and who has passed examination for admission into the medical corps of the United States Army, United States Navy or the United States Public Health Service [.] or who possesses a certificate from the national board of examiners for osteopathic physicians and surgeons.
2. Any person applying for a license under the provisions of subsection 1 shall pay in advance to the board a fee of [$25.] $100.
Sec. 7. NRS 633.110 is hereby amended to read as follows:
633.110 1. Every person holding a license authorizing him to practice osteopathy and surgery in this state shall have the license recorded in the office of the county clerk of the county of his residence. Every licensee upon a change of residence shall have his certificate recorded in like manner in the county to which he has changed his residence.
2. Every license shall be displayed in the office, place of business or employment of the holder thereof.
3. Every person holding a license who is a resident of the state shall pay an annual registration fee of $20 to the secretary-treasurer of the board on or before February 1, and shall submit evidence that he has attended an approved training course relating to the professional practice of osteopathic physicians and surgeons of not less than 2 5-hour days during the preceding year.
κ1961 Statutes of Nevada, Page 378 (CHAPTER 227, SB 216)κ
days during the preceding year. If the holder of a license fails to pay the registration fee or to submit evidence of attending a training course, his license shall be suspended. The license may be reinstated by payment of the required fee within 90 days after February 1 and submission of evidence of having attended a training course during the year in which reinstatement is sought.
4. A license which is suspended for more than 6 months under the provisions of subsection 3 may be canceled by the board after 30 days notice to the holder of the license.
5. The board may waive payment of the annual registration fee or the requirement of attending a training course in cases of financial hardship or illness.
6. Every person holding a license who is not a resident of the state shall pay an annual registration fee of $5 to the secretary-treasurer of the board on or before February 1, and shall fulfill the other requirements of subsection 3 of this section.
Sec. 8. NRS 633.120 is hereby amended to read as follows:
633.120 The board may either refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:
1. Conviction of a felony, conviction of any offense involving moral turpitude, or conviction of a violation of any state or federal law regulating the possession, distribution or use of any narcotic drug, as shown by a certified copy of the record of the court.
2. The obtaining of or any attempt to obtain a license, or practice in the profession for money or any other thing of value, by fraudulent misrepresentations.
3. Gross malpractice.
4. Advertising by means of knowingly false or deceptive statements.
5. Advertising, practicing or attempting to practice under a name other than ones own.
6. Habitual drunkenness or habitual addiction to the use of morphine, cocaine or other habit-forming drugs.
7. Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter.
8. Performing an unlawful abortion or assisting or advising the performance of an unlawful abortion.
9. Sustaining a physical or mental disability which renders further practice dangerous.
10. Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice osteopathy.
11. Using any false or fraudulent statement in connection with the practice of osteopathy.
12. Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter.
13. Adjudication of incompetency or insanity.
κ1961 Statutes of Nevada, Page 379 (CHAPTER 227, SB 216)κ
14. Advertising in an unethical or unprofessional manner.
15. Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment.
16. Willful violation of a privileged communication.
17. Failure of a licensee to designate his school of practice in the professional use of his name by the term physician, surgeon, D.O., osteopathic physician and surgeon, osteopathic physician or doctor of osteopathy, or by a similar term.
18. Willful violation of the law or of the rules and regulations of the state board of health.
19. Administering, dispensing or prescribing any narcotic drug, including opium, coca leaves, cannabis or any preparation or derivation of them, or any other habit-forming drug, except for the prevention, alleviation or cure of disease or for relief from suffering.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 103Elko County Delegation
CHAPTER 228
AN ACT to amend NRS sections 210.010, 210.020, 210.040, 210.100, 210.140, 210.150, 210.170, 210.180, 210.185 and 210.290, relating to the Nevada school of industry, by changing the name thereof to the Nevada youth training center; providing for physical examination of persons to be committed; increasing the maximum age limit for discharge of inmates; relieving the court of the duty of submitting a statement of the mental and physical condition of the persons committed; requiring the consent of the superintendent of the Nevada youth training center prior to transfer of minors from the state prison to such youth training center; and by excepting four automobiles of such youth training center from bearing the required state seal, label and distinguishing license plates; to amend NRS sections 202.010, 209.250, 334.010, 389.020, 391.090, 392.280, 433.120, 439.250 and 482.365, relating to sales of tobacco to minors, the state board of parole commissioners, state automobiles, public instruction, teachers qualifications, truants, the Nevada state hospital, the state health officer and vehicle registration, by changing references to the Nevada school of industry to reflect the change of name; and providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.010 is hereby amended to read as follows:
202.010 1. Except as provided in subsections 2 and 3, it shall be unlawful for any person or persons, firm, association, corporation or managing agent of any person, firm, association or corporation to sell, give away, or offer to sell cigarettes, cigarette paper or any tobacco of any description to any person under the age of 18 years.
2. Upon the written order of the parent or guardian of the minor, the person applied to may give or sell to the minor, for the use of the guardian or parent, cigarettes, cigarette paper, or tobacco of any description.
κ1961 Statutes of Nevada, Page 380 (CHAPTER 228, AB 103)κ
the guardian or parent, cigarettes, cigarette paper, or tobacco of any description. The written request shall be kept on file by the seller or giver of the article so sold or given away.
3. The superintendent of the Nevada [school of industry] youth training center may sell or supply cigarettes, cigarette paper, tobacco or tobacco products to any minor 16 years of age or older confined in any institution under his supervision, if the guardian or parent of such minor consents thereto.
4. Any person violating any provision of this section shall be guilty of a misdemeanor and on conviction shall be punished by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail for a period not less than 50 days nor more than 6 months, or by both fine and imprisonment.
5. If any dealer in cigarettes, cigars and tobacco shall be convicted twice for the commission of the offense described in subsection 1, he shall forfeit his license or licenses for carrying on his business, and no license shall be again granted to him for a like business in this state.
Sec. 2. NRS 209.250 is hereby amended to read as follows:
209.250 The state board of parole commissioners is authorized, in its discretion [,] and with the consent of the superintendent of the Nevada youth training center, to transfer to the Nevada [school of industry] youth training center any minor persons who are now, or hereafter may be, inmates of the Nevada state prison.
Sec. 3. NRS 210.010 is hereby amended to read as follows:
210.010 The following words shall have the following meaning within the purview of this chapter and shall be so construed:
1. Board means the [school of industry] youth training center advisory board.
2. School means the Nevada [school of industry,] youth training center, heretofore established and maintained for the care of minors adjudged delinquent and committed thereto.
3. Superintendent means the superintendent of the [Nevada school of industry.] school.
Sec. 4. NRS 210.020 is hereby amended to read as follows:
210.020 1. There is hereby created the [school of industry] youth training center advisory board composed of five members appointed by and responsible to the governor, and serving at the pleasure of the governor.
2. No two members shall be residents of the same county.
3. Members of the board shall be selected with special reference to their ability and fitness to effectuate the purposes of this chapter.
Sec. 5. NRS 210.040 is hereby amended to read as follows:
210.040 The [school of industry advisory] board shall be an advisory body to the superintendent, and as such shall have the following advisory powers and duties:
1. To be informed on and interested in the entire field of legislation and administration concerning the care of minors adjudged delinquent.
2. To advise the superintendent concerning the organization and administration of the school and to approve out-of-state institutions for the commitment of female inmates.
κ1961 Statutes of Nevada, Page 381 (CHAPTER 228, AB 103)κ
for the commitment of female inmates. The superintendent shall report to the board upon all matters concerning the administration of his office, and he shall request the advice and counsel of the board on matters concerning the policy thereof; but the superintendent shall be responsible for the conduct and policies of the school and its administrative functions, unless otherwise provided by law.
3. To report to the governor and legislature on all matters which it may deem pertinent to the school, and concerning any specific matters previously requested by the governor.
4. To advise and make recommendations to the governor or legislature relative to the policy of the state concerning minors adjudged delinquent.
5. To advise the superintendent with respect to the preparation and amendment of rules and regulations to give effect to the provisions of this chapter.
6. To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.
7. To keep minutes of the transactions of each board meeting, regular or special, which shall be public records and filed with the school.
8. To adopt and maintain a program of public indoctrination as to the operation and needs of the school.
Sec. 6. NRS 210.100 is hereby amended to read as follows:
210.100 The superintendent shall make due arrangements for carrying out the provisions of Title 34 of NRS as regards the [Nevada] school. [of industry.]
Sec. 7. NRS 210.140 is hereby amended to read as follows:
210.140 1. The superintendent is authorized to accept gifts or bequests of funds or property to the school.
2. Monetary gifts or bequests shall be deposited in the state treasury in a fund to be known as the [school of industry] youth training center gift fund. The fund shall be a continuing fund without reversion, and the money in the fund shall be used for school purposes only and expended in accordance with the terms of the gift or bequest. The money in the fund shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the superintendent before they are paid.
Sec. 8. NRS 210.150 is hereby amended to read as follows:
210.150 The superintendent is authorized to buy and sell hay, grain, produce, livestock, and such other farm supplies and equipment as may be necessary from time to time. Money obtained from the sale of such items shall be deposited in the state treasury in a fund to be known as the [school of industry] youth training center farm contingent fund. The fund shall be a continuing fund without reversion, and shall be expended for supplies and equipment needed by the school in accordance with the provisions of the State Budget Act. The money in the fund shall be paid out on claims as other claims against the state are paid. All claims shall be approved by the superintendent before they are paid. The superintendent shall keep, or cause to be kept, a record of all transactions pertaining to the fund.
Sec. 9. NRS 210.170 is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 382 (CHAPTER 228, AB 103)κ
210.170 1. The superintendent may establish an inmates commissary or store, which shall exist for the benefit and use of the inmates. So far as practicable, sales of supplies and materials to the inmates shall be at cost. The superintendent shall keep, or cause to be kept, a record of all transactions of the commissary.
2. The [school of industry] youth training center commissary fund is hereby created, and shall be used to purchase supplies and materials for resale to the inmates, to provide money for needy inmates, and for other incidentals as may be deemed necessary by the superintendent. All money drawn from the fund shall be repaid wherever possible.
3. The superintendent is directed to deposit the fund in one or more banks of reputable standing, and to maintain a small sum as petty cash at the commissary.
Sec. 10. NRS 210.180 is hereby amended to read as follows:
210.180 1. It shall be lawful for the courts to commit to the school those minor persons between the ages of 8 and 18 years whom they have found to be delinquents as provided by law. Before any such person is conveyed to the school it shall be ascertained from the superintendent whether adequate facilities are available to provide the necessary care to such person. The superintendent shall fix the time at which such person shall be delivered to the school. The superintendent shall accept such person unless there are not adequate facilities available to provide the necessary care, or there are not adequate funds available for the support of the school, or, in the opinion of the superintendent, such person is not suitable for admission to the school. In the case of a female minor, and upon the written request of the superintendent, the court may order her commitment to a school approved by the board outside of the State of Nevada.
2. The court may order, when committing a minor to the care, custody and control of the school, the expense of his support and maintenance be paid in whole or in part by his parents, guardian or other person liable for his support and maintenance. The moneys so ordered paid shall be paid to the superintendent, who shall immediately deposit the sum in the state treasury to be credited to the general fund.
3. The court shall order, before commitment, that such minor person be given a physical examination, which examination shall include a blood test, X-ray examination for tuberculosis, urinalysis and an examination for venereal disease, by some licensed physician. The physician shall, within 5 days after such examination, make a written report of the results thereof to the superintendent, or, in the case of a female minor, to the executive head of a school outside of the State of Nevada to which such minor person is committed. Such examination shall be paid for by the county wherein such commitment was ordered.
Sec. 11. NRS 210.185 is hereby amended to read as follows:
210.185 The committing court shall send to the superintendent a summary of all the facts in the possession of the court concerning the history of the person committed. [and a statement of the mental and physical condition of the ward, which shall accompany the commitment papers.]
κ1961 Statutes of Nevada, Page 383 (CHAPTER 228, AB 103)κ
Sec. 12. NRS 210.290 is hereby amended to read as follows:
210.290 Inmates [shall] may be discharged from the school upon reaching the age of 18 years [.] and shall be discharged upon reaching the age of 20 years.
Sec. 13. NRS 334.010 is hereby amended to read as follows:
334.010 1. Except as otherwise provided in subsection 2, and except for automobiles to be used as ambulances, any automobile purchased by or on behalf of the State of Nevada, any department, office, bureau, or official or employee thereof, shall cost a sum of money not to exceed $3,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
2. Any automobile purchased by or on behalf of the governor shall cost a sum of money not to exceed $5,000 as the entire purchase price thereof, whether to be paid for entirely in money or part by exchange of another automobile traded in.
3. No automobile shall be purchased by any department, office, bureau, official or employee of the state without prior written consent of the state board of examiners.
4. All such automobiles shall be used for official purposes only.
5. All such automobiles, except automobiles maintained for and used by or under the authority and direction of the state board of parole commissioners, auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison, and [one automobile] four automobiles used by the Nevada [school of industry,] youth training center, shall be labeled on both sides thereof by painting the words For Official Use Only thereon in plain lettering and by placing a facsimile of the great seal of the State of Nevada thereon. The facsimile shall not be less than 12 inches in diameter and shall be placed or inscribed on the automobile by painting, the use of decalcomania, or other method whereby the same shall be clearly and permanently visible. The public service commission of Nevada shall furnish each state department or officer with stencils, decalcomania, or other materials necessary for placing the facsimile of the great seal on each such automobile and shall charge the necessary costs thereof to the department or officer receiving the same.
6. Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of a misdemeanor.
Sec. 14. NRS 389.020 is hereby amended to read as follows:
389.020 1. In all public schools and the Nevada [school of industry,] youth training center, instruction shall be given in the essentials of the Constitution of the United States and the constitution of the State of Nevada, including the origin and history of the constitutions and the study of and devotion to American institutions and ideals.
2. The instruction required in subsection 1 shall be given during at least 1 year each of the elementary school and high school grades.
3. No student in such schools shall receive a certificate or diploma of graduation without previously having passed a satisfactory examination upon the constitutions.
Sec. 15. NRS 391.090 is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 384 (CHAPTER 228, AB 103)κ
391.090 1. Any person who is:
(a) Granted a certificate to teach in the public schools of Nevada; or
(b) Granted a renewal of his certificate; or
(c) Charged with the duty at the Nevada [industrial school] youth training center of giving instruction in the Constitution of the United States and the constitution of the State of Nevada, shall be required to show, by examination or credentials showing college, university or normal school study, satisfactory evidence of adequate knowledge of the origin, history, provisions and principles of the Constitution of the United States and the constitution of the State of Nevada.
2. The state board of education may grant a reasonable time for compliance with the terms of this section.
Sec. 16. NRS 392.280 is hereby amended to read as follows:
392.280 Any pupil of a school maintained by the United States who runs away therefrom shall be deemed a truant, and may be committed to the Nevada [school of industry] youth training center upon application to the district court for the county within which the school maintained by the United States is located.
Sec. 17. NRS 433.120 is hereby amended to read as follows:
433.120 The superintendent shall be the executive and administrative head of the hospital, and as such shall have the following powers and duties:
1. To exercise general supervision of, and make and revise rules and regulations for, the government of the hospital.
2. To be responsible for and to supervise the fiscal affairs and responsibilities of the hospital.
3. To make reports to the board, and to supply the legislature with material on which to base legislation.
4. To keep the complete and accurate record of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his office.
5. To inform the public in regard to the activities and operation of the hospital, and to give other information which will acquaint the public with mental hygiene problems.
6. To invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of this chapter.
7. To cause to be kept a fair and full account of all medical affairs.
8. To perform neurological and psychiatric examinations at the Nevada state prison, the Nevada state childrens home and the Nevada [school of industry] youth training center when requested by the superintendents or wardens of those institutions.
9. To have standard medical histories currently maintained on all patients, and to administer the accepted and appropriate treatments to all patients under his care.
10. To undertake any diagnostic, medical or surgical procedure in the interest of the patient, and to give the required consent to a surgical operation upon any incompetent on behalf of the patient, where there is no known kindred or other person with legal authority to give such consent.
κ1961 Statutes of Nevada, Page 385 (CHAPTER 228, AB 103)κ
there is no known kindred or other person with legal authority to give such consent. The decision to perform such surgical operation shall be arrived at only after consultation and approval of at least two other physicians and surgeons licensed to practice in this state.
11. To submit a biennial report to the governor and the legislature of the condition, operation and functioning of the hospital, and anticipated needs of the hospital.
12. To cause to be surveyed all land known or presumed to belong to the State of Nevada for the use of the hospital, and to take all steps necessary to establish clear title thereto on behalf of the state.
13. To lease, with the advice and consent of the board, all or any part of any land known or presumed to belong to the State of Nevada for the use of the hospital for such consideration and upon such terms as the superintendent and the board may deem to be in the best interests of the hospital and the State of Nevada. Any moneys received from any such lease shall be remitted by the superintendent to the state treasurer who shall deposit the same in the state treasury to the credit of the general fund.
Sec. 18. NRS 439.250 is hereby amended to read as follows:
439.250 1. The state health officer shall have supervision over the sanitation, healthfulness, cleanliness and safety of the following state institutions:
(a) Nevada state prison.
(b) Nevada state hospital.
(c) Nevada [school of industry.] youth training center.
(d) Nevada state childrens home.
(e) Public school gymnasiums.
(f) Every public school, and particularly those schools which participate in the school lunch program in the State of Nevada.
2. The state board of health is empowered to adopt, promulgate and enforce rules and regulations pertaining thereto as shall be deemed necessary to promote properly the sanitation, healthfulness, cleanliness and safety of such institutions.
3. The state health officer shall inspect such institutions at least once each calendar year and whenever in his discretion he deems an inspection necessary to carry out the provisions of this section; but inspections of public schools and gymnasiums shall be made at least twice a year, such inspections to take place immediately preceding the opening of each new semester.
4. A report of the findings upon such inspection or inspections shall be made to the state board of health within 20 days following such inspection or inspections. The state board of health may from time to time, in its discretion, publish the reports of such inspections.
5. Any person or persons in charge of the institutions named in this section shall operate such institutions in conformity with the rules and regulations relating to sanitation, healthfulness, cleanliness and safety adopted and promulgated by the state board of health.
6. For the purpose of carrying out the provisions of this section the state health officer or his duly authorized agent shall have full power and authority to enter upon any and all parts of the premises of any of the institutions named in this section over which he shall have jurisdiction, to make examinations and investigations to determine the sanitary conditions of such places and whether the provisions of this section and the rules and regulations of the state board of health pertaining thereto are being violated.
κ1961 Statutes of Nevada, Page 386 (CHAPTER 228, AB 103)κ
power and authority to enter upon any and all parts of the premises of any of the institutions named in this section over which he shall have jurisdiction, to make examinations and investigations to determine the sanitary conditions of such places and whether the provisions of this section and the rules and regulations of the state board of health pertaining thereto are being violated.
Sec. 19. NRS 482.365 is hereby amended to read as follows:
482.365 1. The department shall provide suitable distinguishing plates, to be issued once every 5 years, except as provided in subsection 2, for vehicles owned by the State of Nevada, or by any board, bureau, department, or commission thereof, or any county, city, town, school district or irrigation district in the state, which shall be provided at cost and shall be displayed on such vehicles in the same manner as provided for privately owned vehicles.
2. License plates furnished for such automobiles as are maintained for and used by or under the authority and direction of the state board of parole commissioners, auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison, and [one automobile] four automobiles used by the Nevada [school of industry] youth training center shall not bear any distinguishing mark which would serve to identify such automobiles as state-owned vehicles. Notwithstanding the provisions of subsection 1, such license plates shall be issued annually.
3. Applications for such licenses shall be made through the head of the department, board, bureau, commission, school district or irrigation district, or through the chairman of the board of county commissioners of the county or town or through the mayor of the city, owning or controlling such vehicles, and no plate or plates shall be issued until a certificate shall have been filed with the department showing that the name of the department, board, bureau, commission, county, city, town, school district or irrigation district, as the case may be, and the words For Official Use Only have been permanently and legibly affixed to each side of the vehicle, except such automobiles as are maintained for and used by or under the authority and direction of the state board of parole commissioners, auditors and investigators of the state gaming control board, and one automobile used by the Nevada state prison and [one automobile] four automobiles used by the Nevada [school of industry.] youth training center.
Sec. 20. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 387κ
Assembly Bill No. 164Messrs. Briare, Hafen, Von Tobel, Tyson, Gibson, Bunker, Posin and Miss Frazier
CHAPTER 229
AN ACT appropriating moneys for the support of the Spring Mountain Youth Camp established pursuant to the provisions of NRS 244.297; providing a procedure for the expenditure of such moneys and the purposes for which they shall be expended; and providing other matters properly relating thereto.
[Approved March 31, 1961]
Whereas, The proper care and direction of juvenile offenders is of the greatest importance to the government and people of the State of Nevada; and
Whereas, In accordance with the provisions of NRS 244.297 the board of county commissioners of Clark County has established a juvenile forestry camp known as the Spring Mountain Youth Camp; and
Whereas, The State of Nevada is benefited by the operation of such camp because it transfers a substantial financial burden from the school of industry in Elko County, Nevada; and
Whereas, It is a proper governmental function of the State of Nevada to contribute to the support of such juvenile forestry camp; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby created in the state treasury the juvenile forestry camp fund. Moneys in such fund shall be expended by the director of the state department of conservation and natural resources for the following purposes and in the following order:
(a) To sink a well at the Spring Mountain Youth Camp in Clark County, Nevada.
(b) To purchase, pursuant to the provisions of the State Purchasing Act, two generators of 50 kilowatts or more for such camp.
(c) To construct a building or buildings to house eating facilities or living quarters, or both, at such camp.
2. Moneys in the juvenile forestry camp fund shall be expended on claims approved by the director of the state department of conservation and natural resources and paid as other claims against the state are paid.
3. The board of county commissioners of Clark County shall cooperate with the director of the state department of conservation and natural resources in carrying out the provisions of this act.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the juvenile forestry camp fund the sum of $20,000. When such sum has been expended in accordance with the provisions of this act, the juvenile forestry camp fund shall cease to exist.
________
κ1961 Statutes of Nevada, Page 388κ
Assembly Bill No. 219Committee on Ways and Means
CHAPTER 230
AN ACT to amend NRS sections 353.185, 353.205 and 353.210, relating to procedures under the State Budget Act, by adjusting such procedures to biennial sessions of the legislature; and by providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.185 is hereby amended to read as follows:
353.185 The powers and duties of the director of the budget shall be:
1. To appraise the quantity and quality of services rendered by each department and agency, and the needs for such services and for any new services.
2. To develop plans for improvements and economies in organization and operation of departments, and to install such plans as are approved by the respective heads of departments, or as are directed to be installed by the governor or the legislature.
3. To cooperate with the state planning board in developing comprehensive, long-range plans for capital improvements and the means for financing them.
4. To devise and prescribe the forms of operation reports to be required periodically from the several departments and agencies, and to require the several departments and agencies to make such reports.
5. To prepare the [annual] executive budget report for the governors approval and submission to the legislature.
6. To prepare a state budget for the next 2 fiscal [year,] years, which budget shall:
(a) Present a complete financial plan for the next 2 fiscal [year;] years;
(b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise;
(c) Set forth all interest and debt redemption charges during the next 2 fiscal [year;] years;
(d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal [year;] years; and
(e) Set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for the next 2 fiscal [year.] years.
7. To examine and approve work programs and quarterly allotments to the several departments, and changes therein.
8. To examine and approve all statements and reports on the financial condition and estimated future financial condition and the operations of the state government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication.
κ1961 Statutes of Nevada, Page 389 (CHAPTER 230, AB 219)κ
9. To receive and deal with all requests for information as to financial conditions and operations of the state.
10. To prepare such statements of unit costs and other cost statistics as may be required from time to time, or requested by the governor or the legislature.
11. To do and perform such other and further duties relative to the development and submission of an adequate budget for the State of Nevada as the governor may require.
Sec. 2. NRS 353.205 is hereby amended to read as follows:
353.205 The state budget for each fiscal year shall be set up in three parts, namely:
1. Part 1 shall consist of a budget message by the governor which shall outline the financial policy of the state government for the next 2 fiscal [year,] years, describing in connection therewith the important features of the financial plan. It shall also embrace a general budget summary setting forth the aggregate figures of the budget in such manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for the next 2 fiscal [year,] years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general budget summary shall be supported by explanatory schedules or statements, classifying the expenditures contained therein by organization units, objects and funds, and the income by organization units, sources and funds.
2. Part 2 shall embrace the detailed budget estimates both of expenditures and revenues as provided in NRS 353.150 to 353.245, inclusive. It shall also include statements of the bonded indebtedness of the state government, showing the debt redemption requirements, the debt authorized and unissued, and the condition of the sinking funds. In addition thereto, it shall contain any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.
3. Part 3 shall include the general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the state government for the next 2 fiscal [year,] years, and may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if and when adopted by the legislature.
Sec. 3. NRS 353.210 is hereby amended to read as follows:
353.210 1. On or before September 1 of each even-numbered year, all departments, institutions and other agencies of the state government, and all agencies receiving state funds, fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the director of the budget, and submit to the director estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal [year] years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.
κ1961 Statutes of Nevada, Page 390 (CHAPTER 230, AB 219)κ
2. The expenditure estimates shall be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the director. If any department, institution or other agency of the state government, whether its funds be derived from state funds or from other moneys collected under the authority of the state, shall fail or neglect to submit estimates of its expenditure requirements as herein provided, the director shall have power and authority, from any data at hand in his office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution or agency in accordance with such data as he may have at hand or obtain.
3. On or before October 1 of each even-numbered year, the director shall deliver copies of the expenditure estimates to the legislative auditor, togther with such other information as required by subsection 1.
________
Assembly Bill No. 278Committee on Insurance
CHAPTER 231
AN ACT to amend chapter 695 of NRS, relating to title insurance and land value insurance, by adding new sections relating to schedules of fees and charges for policies of title insurance and for charges for escrow and other services by title insurers and underwritten title companies; defining terms; providing for the adoption, form, printing, availability, filing, display, changing and amending of such schedules; providing for the payment of commissions, bulk and special rates, and forbidding rebates and cut charges; providing grounds for suspension and revocation of certificates of authority of title companies by the commissioner of insurance; imposing penalties; and providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 695 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in sections 3 to 13, inclusive, of this act underwritten title company means any person, firm or corporation engaged in the business of preparing title searches, title examinations and certificates or abstracts of title and upon the basis of which title insurance policies may be issued by a title insurer.
Sec. 3. 1. Every title insurer and every underwritten title company shall adopt, print and make available to the public the schedule of fees and charges for policies of title insurance, and for escrow and other services performed by it.
2. Such schedule:
κ1961 Statutes of Nevada, Page 391 (CHAPTER 231, AB 278)κ
(a) Shall show the entire charge to the public for each type of policy regularly issued by the insurer, either by a statement of the particular charge for each type of policy in given amounts of coverage or by a statement of the charge per unit of the amount of coverage, or a combination of the two.
(b) Shall include not only the price for title risk insurance, but also the charge made by the title insurer or by an underwritten title company for the title search, title examination, certificate or abstract of title upon the basis of which such policy is issued.
(c) Shall show the charges for escrow and other services offered.
(d) May include a statement that additional charges are made when unusual conditions of title are encountered or when special or unusual risks are insured against and that additional charges are made for special services rendered in connection with the issuance of a policy, the handling of an escrow, or the performance of other service.
(e) May provide different fees or charges for policies covering property in different counties, and for other services rendered in different counties, or separate schedules may be adopted for policies covering property in different counties, and for other services rendered in different counties.
Sec. 4. Every title insurer and underwritten title company shall file with the commissioner of insurance the schedule of fees and charges provided for in section 3 of this act, and every modification thereof, which it proposes to use. Every such filing shall state the effective date thereof which shall be not less than 15 days after the date of such filing. The commissioner of insurance may by written order suspend or modify the requirement of filing as to a specific service, the charges for which cannot practically be determined before the service is performed.
Sec. 5. 1. The schedules provided for in section 3 of this act shall:
(a) Be printed in type not smaller than 10-point;
(b) Be dated to show the dates they became effective; and
(c) So long as they are effective, be kept at all times readily available to the public and prominently displayed in a public place in each of the offices of the title insurer or underwritten title company in the State of Nevada, and in each of the offices of any person, firm or corporation authorized to issue the policy of title insurance of such insurer, or to perform the service of such insurer or underwritten title company, in the particular county to which they relate.
2. On request, copies of such schedules shall be furnished to the public.
3. All or any part of any schedule may be changed or amended at any time or from time to time. Each change or amendment shall be printed and dated to show the effective date of such change or amendment. No change or amendment shall become effective until at least 15 days after it has been filed with the commissioner of insurance and been displayed in the offices mentioned in subsection 1 in the same manner as provided for the display of schedules, and no change or amendment increasing fees or charges shall apply to policies or services ordered prior to the effective date of such change or amendment.
κ1961 Statutes of Nevada, Page 392 (CHAPTER 231, AB 278)κ
amendment increasing fees or charges shall apply to policies or services ordered prior to the effective date of such change or amendment.
4. Each title insurer and each underwritten title company shall keep a complete file of its schedules and of all changes and amendments thereto until at least 5 years after they shall have ceased to be in effect, and such file shall be available for inspection by the commissioner of insurance at any appropriate time.
Sec. 6. No title insurer and no underwritten title company shall pay, directly or indirectly, to the insured or to any person who is acting as agent, representative, attorney or employee of the owner, lessee, mortgagee or of the prospective owner, lessee or mortgagee of the real property or any interest therein, that shall constitute the subject matter of a policy of title insurance or relating to which a service shall be performed, any commission or any part of its fee or charges or any other consideration as an inducement for or as compensation for the placing of any order for the issuance of a policy of title insurance or the performance of any escrow or other service by such insurer or underwritten title company with respect thereto.
Sec. 7. 1. No title insurer and no underwritten title company shall:
(a) Make any rebate of any portion of the fee or charge shown by the schedule required by section 3 of this act.
(b) Quote any fee or make any charge for the issuance of a policy, or for the performance of any other service, to any person which is less than that currently available to others for the same type of title policy, or for the same type of service with respect to property in the same county and involving the same factors as set forth in its then currently effective schedule of fees and charges.
2. The amount by which any fee or charge is less than that called for by the then currently effective schedule of fees and charges of the title insurer or underwritten title company is an unlawful rebate; but nothing contained in sections 2 to 13, inclusive, of this act shall prohibit bulk rates or special rates for customers of prescribed classes if such bulk or special rates are provided for in such schedule and are available to all persons similarly situated.
Sec. 8. No title insurer nor underwritten title company shall issue any policy or perform any service in any transaction in connection with which it or any agent or other person has paid or contemplates paying any commission in violation of section 6 of this act or in connection with which it or any agent or other person has made or contemplates making any unlawful rebate in violation of section 7 of this act.
Sec. 9. Every title insurer and every underwritten title company which pays any commission or which makes any unlawful rebate in violation of sections 2 to 13, inclusive, of this act shall be liable to the State of Nevada for five times the amount of any such commission or unlawful rebate, the amount thereof to be recovered by the commissioner of insurance in addition to any other penalty imposed by law.
Sec. 10. The commissioner of insurance may, after a hearing, suspend or revoke the certificate of authority of any title insurer which:
κ1961 Statutes of Nevada, Page 393 (CHAPTER 231, AB 278)κ
1. After 10 days written notice from the commissioner of insurance requiring it so to do, fails to print, display, file and make available to the public its schedule of fees and charges in the manner provided in sections 2 to 13, inclusive, of this act.
2. Directly or through an underwritten title company or other agent or person, pays any commission or makes any rebate in willful violation of the provisions of sections 2 to 13, inclusive, of this act, or has issued any title policy or performed any service in willful violation of section 8 of this act.
Sec. 11. Nothing in sections 2 to 13, inclusive, of this act prohibits the division of fees or charges between two or more title insurers or between one or more title insurers and one or more underwritten title companies (if such division does not constitute an unlawful rebate as defined by section 7 of this act); but a title insurer shall specify on any policy issued by it, either in a single amount or by itemization, the entire charge made to obtain such policy, including the charges made by it or by any underwritten title company for the title search, title examination, certificate or abstract of title upon the basis of which such policy is issued. If so specified in a single amount, such charge shall be construed to be a total charge for both the title insurance fee and the title search or examination, or the certificate or abstract of title, as the case may be of any underwritten title company.
Sec. 12. Nothing in sections 2 to 13, inclusive, of this act shall abridge or restrict the freedom of contract between title insurers and underwritten title companies with respect to commissions, or between title insurers or underwritten title companies and their agents or employees with respect to compensation. Two or more insurers or underwritten title companies may act in connection with each other with respect to all matters pertaining to the preparation of insurance policy forms, rules, furnishing of loss or expense statistics or other information or data, and the preparation of rate schedules.
Sec. 13. Any person, firm or corporation violating any of the provisions of sections 2 to 12, inclusive, of this act is guilty of a misdemeanor.
________
Assembly Bill No. 284Clark County Delegation
CHAPTER 232
AN ACT to amend NRS section 239.070, relating to the microfilming of public records, by permitting county recorders, under certain conditions, to make duplicate rolls of film available for sale to the public at a price not exceeding cost; and providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.070 is hereby amended to read as follows:
239.070 1. In lieu of or in addition to the method of recording required or allowed by statute, the county recorder may use the microfilm method of recording.
κ1961 Statutes of Nevada, Page 394 (CHAPTER 232, AB 284)κ
required or allowed by statute, the county recorder may use the microfilm method of recording.
2. If such microfilm method be used:
(a) The microphotographs or micronegative films shall be properly indexed and placed in conveniently accessible files.
(b) Each roll of film shall be deemed and constituted a book or volume, and shall be designated and numbered.
(c) Provision shall be made for preserving, examining and using the same.
3. A duplicate of such roll of film shall be made and kept safely in a separate place.
4. Duplicates of such rolls of film shall be made available by the county recorder for sale at a price not exceeding cost upon request of any person, firm or organization. Subject to the approval of the board of county commissioners, the county recorder may, at any time, make additional duplicates of such rolls of film available for sale to the public at a price not exceeding cost.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 374Committee on Taxation
CHAPTER 233
AN ACT to amend chapter 370 of NRS, relating to cigarette license and taxes, by adding a new section imposing liability for the tax on cigarettes on the consumer; and providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 370 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The liability for, and the incidence of, the tax on cigarettes provided for in this chapter is hereby declared to be a levy on the consumer. Distributors and retailers shall add the amount of the tax levied on cigarettes to the price of such cigarettes and may state the amount of the tax separately from the price of the cigarettes on all price display signs, sales or delivery slips, bills and statements which advertise or indicate the price of such cigarettes. The provisions of this section shall in no way affect the method of payment or collection of such tax on cigarettes as provided in this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 395κ
Assembly Bill No. 375Committee on Taxation
CHAPTER 234
AN ACT to amend chapter 369 of NRS, relating to intoxicating liquor licenses and taxes, by adding a new section imposing liability for the excise tax on intoxicating liquors on the consumer; and providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 369 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The liability for, and the incidence of, the excise tax on intoxicating liquors provided for in this chapter is hereby declared to be a levy on the consumer. Importers, dealers, manufacturers and retailers shall add the amount of the tax levied on liquor to the price of such liquor and may state the amount of the tax separately from the price of the liquor on all price display signs, sales or delivery slips, bills and statements which advertise or indicate the price of such liquor. The provisions of this section shall in no way affect the method of payment or collection of such tax on liquor as provided in this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 408Committee on Ways and Means
CHAPTER 235
AN ACT appropriating the sum of $30,000 to the City of Sparks to be used by such city during the fiscal years 1961-1962 and 1962-1963 for the payment of costs of maintenance and operation, including salaries of firemen, of firehouse constructed by such city pursuant to the provisions of chapter 308, Statutes of Nevada 1953; and providing other matters properly relating thereto.
[Approved March 31, 1961]
Whereas, The legislature of this state, by the provisions of chapter 308, Statutes of Nevada 1953, recognized the fact that the City of Sparks had provided free fire protection for several years to the Nevada state hospital and by such statute provided funds for the City of Sparks to construct a new firehouse and purchase a fire engine; and
Whereas, By the provisions of section 6 of chapter 308, Statutes of Nevada 1953, the City of Sparks is charged with the duty of providing reasonable and adequate fire protection for the Nevada state hospital, property of the department of highways, and all other state property within the boundaries of the City of Sparks, and is charged further with doing all things reasonable, necessary and incidental to fire-fighting operations on such state properties; and
Whereas, Continued financial support by the State of Nevada for the City of Sparks to assist in the performance of the duties imposed upon such city by the provisions of chapter 308, Statutes of Nevada 1953, is a proper state function; now, therefore,
κ1961 Statutes of Nevada, Page 396 (CHAPTER 235, AB 408)κ
upon such city by the provisions of chapter 308, Statutes of Nevada 1953, is a proper state function; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The sum of $30,000 is hereby appropriated from the general fund in the state treasury to the City of Sparks to be expended by such city during the fiscal years commencing July 1, 1961, and ending June 30, 1962, and commencing July 1, 1962, and ending June 30, 1963, for the payment of costs of maintenance and operation, including the salaries of firemen, of the firehouse which was constructed and is operated pursuant to the provisions of chapter 308, Statutes of Nevada 1953.
Sec. 2. The state controller is hereby authorized and directed to draw his warrant in favor of the City of Sparks for the sum of $30,000, and the state treasurer is hereby authorized and directed to pay the same upon the presentation of a duly authorized claim for such moneys presented by the city council of the City of Sparks and approved by the state board of examiners.
________
Assembly Bill No. 424Committee on Ways and Means
CHAPTER 236
AN ACT providing an additional and supplemental appropriation for the support of the Nevada state prison for the fiscal year ending June 30, 1961.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1961, there is hereby appropriated from the general fund in the state treasury the sum of $28,025 for the support of the Nevada state prison as an additional and supplemental appropriation to that allowed and made by section 38 of chapter 250, Statutes of Nevada 1960.
Sec. 2. The money appropriated by section 1 is allocated to the following accounts, shall be in addition to the amounts allocated to the accounts by the 1960-1961 work program as approved and amended by the governor and as effective on January 1, 1961, and shall be used for no purpose other than as indicated:
Medical care of inmates and out-of-state placement of criminally insane..................................................................................................... $11,500
Purchase of hay and grain for the Nevada state prison farm..... 16,525
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 397κ
Senate Bill No. 6Senators Slattery and Lemaire
CHAPTER 237
AN ACT to amend NRS section 494.045, relating to annual allocations from the state airport fund, by increasing the maximum annual allocation from the state airport fund to Nevada Wing 96 of the Civil Air Patrol; providing that allocated moneys cannot be used for the purchase of aircraft; and providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 494.045 is hereby amended to read as follows:
494.045 At the close of each fiscal year, the Nevada tax commission, the state treasurer and the state controller shall:
1. Allocate to Nevada Wing 96 of the Civil Air Patrol from the state airport fund, for the ensuing fiscal year, a sum not to exceed [$12,000] $15,000 or the total amount in such fund, whichever is lesser. The amount so allocated shall be in addition to and separate from any legislative appropriations authorized by law to Nevada Wing 96 of the Civil Air Patrol and shall be paid, upon a claim certified by the wing commander and the wing executive officer, and approved by the Nevada tax commission and the state board of examiners, in the same manner as other claims against the state are paid. Moneys so allocated shall be used by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of purchase, repair and maintenance of emergency and training equipment. No moneys allocated pursuant to the provisions of this subsection shall be expended for the purchase of any aircraft.
2. Allocate to the Nevada tax commission a sum not to exceed 5 percent of the remaining balance in such fund to defray the costs of administration incurred by it in connection herewith.
3. Remit to the county treasurers of the respective counties such portion of the remaining balance in such fund as is proportional to the unrefunded excise taxes remitted by dealers or users in such county.
________
Senate Bill No. 7Senators Dial and Slattery
CHAPTER 238
AN ACT appropriating the sum of $35,000 from the general fund in the state treasury to the Nevada centennial fund.
[Approved March 31, 1961]
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 $35,000 to the Nevada centennial fund.
________
κ1961 Statutes of Nevada, Page 398κ
Senate Bill No. 28Senator Dial
CHAPTER 239
AN ACT to amend NRS sections 78.770 and 80.050, relating to fees payable by foreign corporations, by fixing the maximum fees payable by foreign corporations upon filing merger, consolidation or amendment documents; and providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.770 is hereby amended to read as follows:
78.770 1. The fee for filing a certificate of consolidation or merger of two or more domestic corporations shall be an amount equal to the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized capital stock of the corporation created by the consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations.
2. The fee for filing a certificate of consolidation or merger of one or more domestic corporations with one or more foreign corporations shall be an amount equal to the difference between the fee computed at the rates specified in NRS 78.760 upon the aggregate authorized capital stock of the corporation created by the consolidation or merger and the fee so computed upon the aggregate amount of the total authorized capital stock of the constituent corporations which have paid fees as required by NRS 78.760 and 80.050.
3. In no case shall the amount paid be less than $25 [.] , and in no case shall the amount paid pursuant to subsection 2 exceed the sum of $25,000.
Sec. 2. NRS 80.050 is hereby amended to read as follows:
80.050 1. Foreign corporations shall pay the same fees to the secretary of state as are required to be paid by corporations organized under the laws of this state, but in no case shall the amount of fees to be paid exceed: [the sum of $25,000.]
(a) The sum of $25,000 for filing initial qualification documents; or
(b) The sum of $25,000 for each subsequent filing of an amendment certificate increasing authorized capital stock.
2. The fee for filing notice of withdrawal from the State of Nevada by foreign corporations shall be $10.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 399κ
Senate Bill No. 30Senator Echeverria
CHAPTER 240
AN ACT to amend chapter 62 of NRS, relating to procedure in juvenile cases, by adding a new section providing that judges in juvenile courts may appoint attorneys to represent indigent juveniles in juvenile court proceedings; providing for compensation of such attorneys; and providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The judge may appoint an attorney to represent any child or any adult less than 21 years of age in any proceeding in which the court has jurisdiction under the provisions of this chapter if it appears that such person is unable to employ counsel.
2. Each attorney appointed under the provisions of this section shall be entitled to the same compensation and expenses from the county as provided in NRS 7.260 for attorneys appointed to represent persons charged with crimes.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 33Committee on Judiciary
CHAPTER 241
AN ACT relating to judgments in criminal proceedings in district and justices courts; to amend NRS sections 176.160, 188.030 and 211.070, relating to imprisonment in the county jail to satisfy fines, by increasing from $2 to $4 per day the rate at which prisoners satisfy such fines; to amend chapter 188 of NRS, relating to judgments and execution in criminal proceedings in justices courts, by adding a new section providing for concurrent and consecutive sentences in justices courts on conviction of two or more offenses; and providing other matters properly relating thereto.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.160 is hereby amended to read as follows:
176.160 A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be satisfied, specifying the extent of the imprisonment, which shall not exceed 1 day for every [$2] $4 of the fine, or in that proportion.
Sec. 2. NRS 188.030 is hereby amended to read as follows:
188.030 A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine be paid or satisfied, at the rate of 1 day for each [$2] $4 of such fine.
κ1961 Statutes of Nevada, Page 400 (CHAPTER 241, SB 33)κ
Sec. 3. 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 [,] or the justice of the peace, upon satisfactory evidence of such inability, may, in lieu thereof, confine such person in the county jail [:
1. At the rate of $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.] at the rate of $4 per day, until the fine, forfeiture or cost so imposed shall have been satisfied.
Sec. 4. Chapter 188 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Whenever a person shall be convicted of two or more offenses, and sentence has been pronounced for one offense, the court in imposing any subsequent sentence may, in its discretion, provide that the sentences subsequently pronounced shall run either concurrently or consecutively with the sentence first imposed.
2. If the court shall make no order with reference thereto, all sentences shall run concurrently; but whenever a person under sentence of imprisonment shall commit another crime and be sentenced to another term of imprisonment, such latter term shall not begin until the expiration of all prior terms.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 59Committee on Judiciary
CHAPTER 242
AN ACT to amend NRS section 164.010, relating to the jurisdiction of district courts regarding trusts, by eliminating a conflict in the law concerning such jurisdiction.
[Approved March 31, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 164.010 is hereby amended to read as follows:
164.010 1. Upon petition of any person appointed as trustee of an express trust by any [will or other] written instrument [,] other than a will, or upon petition of any beneficiary of the trust, the district court of the county wherein the trustee resides or has his place of business shall consider the application to confirm the appointment of the trustee and specify the manner in which he shall qualify. Thereafter the district court shall have jurisdiction of the trust as a proceeding in rem.