[Rev. 2/28/2019 2:27:10 PM]
κ1961 Statutes of Nevada, Page 601 (CHAPTER 314, SB 248)κ
Sec. 2. In purchasing the new motor vehicle authorized by section 1, the director of the state department of purchasing shall be bound by the provisions of NRS 334.010. Any moneys remaining after the purchase of such new motor vehicle shall revert to the general fund in the state treasury.
Sec. 3. The used motor vehicle now used by the governor for official business shall not be traded in or exchanged in the purchase of the new motor vehicle, but such used motor vehicle shall be assigned for use of the governors office in Las Vegas, Nevada.
Sec. 4. The used motor vehicle now used by the governors office in Las Vegas, Nevada, pursuant to the provisions of section 3 of chapter 452, Statutes of Nevada 1959, shall be sold by the director of the state department of purchasing and the proceeds of such sale shall be deposited to the credit of the general fund in the state treasury.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 249Committee on Finance
CHAPTER 315
AN ACT making a supplemental appropriation for the support of the 1961 session of the Nevada legislature.
[Approved April 6, 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 1961 session of the Nevada legislature, the sum of $5,000 is hereby appropriated from the general fund in the state treasury to the 1961 legislative fund heretofore created by chapter 1, Statutes of Nevada 1961.
Sec. 2. The state controller is hereby authorized and directed to draw his warrants on the fund for salaries, per diem, mileage and incidental expenses of the respective houses of the legislature, when properly certified to in accordance with law, and the state treasurer is hereby authorized and directed to pay the same.
Sec. 3. Any unexpended portion of the 1961 legislative funds shall revert to the general fund on December 31, 1962.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 602κ
Senate Bill No. 250Committee on Finance
CHAPTER 316
AN ACT making appropriations from the general fund, the state highway fund, the county gas tax fund and the fish and game fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1961, and ending June 30, 1962, and beginning July 1, 1962, and ending June 30, 1963; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The following sums are hereby appropriated from the general fund, except when otherwise specified, for the purposes hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years beginning July 1, 1961, and ending June 30, 1962, and beginning July 1, 1962, and ending June 30, 1963.
Fiscal Year Fiscal Year
1961-62 1962-63
Sec. 2. The Offices and Mansion of the Governor.
For the support of the office of the governor in Carson City, Nevada........................................................................................... $78,201 $81,639
For the support of the office of the governor in Las Vegas, Nevada 8,044................................................................................... 8,044
For the support of the governors mansion......................... 14,797 15,431
Sec. 3. The Office of Lieutenant Governor.
For the support of the office of lieutenant governor.......... 5,641 6,241
Sec. 4. The Office of Secretary of State.
For the support of the office of secretary of state.............. 87,905 87,747
Sec. 5. The Office of Attorney General.
For the support of the office of attorney general................ 90,754 105,800
For the special account of the attorney general.................. 10,000 10,000
Sec. 6. Colorado River Intervention Action.
For the support of the Colorado River intervention action................. 40,000............................................................................... 40,000
Sec. 7. Supreme Court of Nevada.
For the support of the supreme court of Nevada................ 123,293 127,732
Sec. 8. Judges Salaries and Pensions.
For the support of judges salaries and pensions............... 249,000 275,250
Sec. 9. District Judges Travel.
For the support of district judges travel.............................. 15,000 15,000
κ1961 Statutes of Nevada, Page 603 (CHAPTER 316, SB 250)κ
Fiscal Year Fiscal Year
1961-62 1962-63
Sec. 10. The Office of State Controller.
For the support of the office of state controller.................. $76,354 $80,600
Sec. 11. The Office of State Treasurer.
For the support of the office of state treasurer.................... 46,052 48,391
Sec. 12. Director of the Budget.
For the support of the director of the budget...................... 61,155 62,752
Sec. 13. State Planning Board.
For the support of the state planning board........................ 120,669 117,785
Sec. 14. Department of Economic Development.
For the support of the department of economic development 96,041............................................................................... 96,041
Sec. 15. State Department of Buildings and Grounds.
For the support of the state department of buildings and grounds for:
Carson City, Nevada.......................................................... 318,697 295,076
Central mail service............................................................ 16,284 15,598
Central telephone service................................................. 22,146 21,846
Reno, Nevada..................................................................... 45,137 45,390
Las Vegas, Nevada............................................................ 67,771 55,092
Sec. 16. State Board of Finance.
For the support of the state board of finance...................... 1,762 1,712
Sec. 17. Fire Insurance Premiums.
For the payment of fire insurance premiums........................ 55,000 55,000
Sec. 18. Statute Revision Commission.
For the support of the statute revision commission........... 234,156 203,313
Sec. 19. Legislative Counsel Bureau.
For the support of the legislative counsel bureau.............. 145,380 147,249
Sec. 20. Nevada Tax Commission.
The following sum is hereby appropriated from the general fund for the support of the Nevada tax commission................................ 451,757 472,090
The following sum is hereby appropriated from the state highway fund for the support of the motor vehicle fuel tax division of the Nevada tax commission................................................................. 30,424 31,488
The following sum is hereby appropriated from the county gas tax fund for the support of the motor vehicle fuel tax division of the Nevada tax commission................................................................. 9,100 9,100
κ1961 Statutes of Nevada, Page 604 (CHAPTER 316, SB 250)κ
Fiscal Year Fiscal Year
1961-62 1962-63
Sec. 21. Veterans Service Commissioner.
For the support of the veterans service commissioner..... $30,428 $31,590
Sec. 22. State Department of Purchasing.
For state property inventory.................................................. 21,830 22,799
Sec. 23. State Officers Bond Premiums.
For the payment of state officers bond premiums............. 3,750 3,750
Sec. 24. Care of G.A.R. Cemeteries.
For the support of care of G.A.R. cemeteries....................... 300 300
Sec. 25. State Department of Education.
The following sums are hereby appropriated for the support of:
Administration.................................................................... 256,878 252,025
Vocational education......................................................... 195,440 198,811
Vocational rehabilitation................................................... 50,027 48,398
State school construction relief fund.............................. 50,000 ........
Care of deaf, dumb and blind........................................... 65,500 65,500
Public school teachers retirement.................................. 984,750 1,095,500
Sec. 26. University of Nevada.
For the support of the University of Nevada....................... 4,862,677 5,299,065
Sec. 27. Western Regional Higher Education Compact Fund.
For the support of the Western Regional Higher Education Compact fund.................................................................................. 35,400 45,400
Sec. 28. State Library.
For the support of the state library........................................ 143,333 150,434
Sec. 29. Nevada State Museum.
For the support of the Nevada state museum...................... 44,417 47,795
Sec. 30. Lost City Museum.
The following sum is hereby appropriated to the state department of buildings and grounds for the support of the Lost City museum 9,969................................................................................. 10,174
Sec. 31. Nevada Historical Society.
For the support of the Nevada historical society................ 37,823 38,188
Sec. 32. State Welfare Department.
The following sums are hereby appropriated for the support of:
Administration.................................................................... 335,715 346,634
Old-age assistance............................................................. 1,164,210 1,159,680
Aid to dependent children................................................ 541,500 570,000
Aid to the blind.................................................................. 169,800 179,500
Case services concerning sight....................................... 45,907 50,314
κ1961 Statutes of Nevada, Page 605 (CHAPTER 316, SB 250)κ
Fiscal Year Fiscal Year
1961-62 1962-63
Child welfare services........................................................ $44,968 $54,265
Handicapped childrens services.................................... 21,680 26,154
Foster home care of children............................................ 142,449 153,730
State bureau of services to the blind.............................. 44,294 46,131
Sec. 33. Nevada State Childrens Home.
For the support of the Nevada state childrens home........ 171,002 171,872
Sec. 34. Nevada State Hospital.
For the support of the Nevada state hospital...................... 1,271,110 1,328,529
Sec. 35. State Department of Health.
The following sums are hereby appropriated for the support of:
Division of preventive medical services......................... 121,958 125,721
Division of environmental health.................................... 185,090 190,992
Division of crippled childrens services......................... 70,000 74,119
Division of dental health................................................... 50,034 49,374
Division of vital statistics................................................. 36,003 26,835
Division of hospital services............................................ 27,258 25,450
Division of mental health services.................................. 77,801 95,459
Tuberculosis control......................................................... 388,272 371,312
Sec. 36. State Alcoholism Agency.
For the support of the state alcoholism agency.................. 24,750 24,750
Sec. 37. Nevada State Prison.
The following sums are hereby appropriated for the support of:
Nevada state prison........................................................... 548,362 567,823
Nevada state prison farm.................................................. 68,853 55,477
Prison conservation projects........................................... 60,281 46,631
Sec. 38. State Board of Parole Commissioners.
For the support of the state board of parole commissioners 65,061............................................................................... 67,923
Sec. 39. Nevada Youth Training Center (formerly Nevada School of Industry).
For the support of the Nevada youth training center......... 426,309 406,370
For the care of girls committed to the Nevada youth training center 234,769........................................................................... 370,741
Sec. 40. Department of Civil Defense.
For the support of the department of civil defense............. 19,685 19,685
Sec. 41. Adjutant General and the Nevada National Guard.
For the support of the adjutant general and the Nevada national guard................................................................................................. 95,833 98,742
κ1961 Statutes of Nevada, Page 606 (CHAPTER 316, SB 250)κ
Fiscal Year Fiscal Year
1961-62 1962-63
Sec. 42. The Office of Inspector of Mines.
For the support of the office of inspector of mines............ $44,674 $49,010
Sec. 43. Public Service Commission of Nevada.
The following sum is hereby appropriated from the general fund for the support of the public service commission of Nevada........ 136,583 136,738
The following sum is hereby appropriated from the state highway fund for the support of the public service commission of Nevada 40,000............................................................................... 25,000
Sec. 44. Department of Insurance.
For the support of the department of insurance.................. 85,084 86,875
Sec. 45. Labor Commissioner.
For the support of the labor commissioner.......................... 41,610 43,084
Sec. 46. Superintendent of Banks.
For the support of the office of superintendent of banks.. 71,208 71,872
Sec. 47. State Department of Conservation and Natural Resources.
The following sums are hereby appropriated for the support of:
Administration.................................................................... 138,585 142,566
Division of water resources.............................................. 121,807 125,366
California-Nevada compact commission........................ 15,000 14,473
Fire suppression................................................................. 30,000 30,000
Forestry division................................................................ 86,524 84,494
Forest insect pest control................................................. 5,000 5,000
Humboldt River research.................................................. 40,000 40,000
Sec. 48. State Soil Conservation Committee.
For the support of the state soil conservation committee. 750 750
Sec. 49. State Park commission.
For the support of the state park commission..................... 143,437 151,888
Sec. 50. State Department of Agriculture.
The following sums are hereby appropriated for the support of:
Division of plant industry................................................. 211,730 205,780
Insect pest and noxious weed control............................ 47,328 50,644
Livestock disease control................................................. 39,683 53,431
Division of Laboratories or its equivalent created pursuant to law.................................................................................. 43,184............................................................................. 35,580
κ1961 Statutes of Nevada, Page 607 (CHAPTER 316, SB 250)κ
Fiscal Year Fiscal Year
1961-62 1962-63
Sec. 51. State Predatory Animal and Rodent Committee.
The following sum is hereby appropriated from the general fund for the support of the state predatory animal and rodent committee $112,694....................................................................... $115,475
The following sum is hereby appropriated from the fish and game fund for the support of the state predatory animal and rodent committee......................................................................................... 40,000 40,000
Sec. 52. Nevada Junior Livestock Show Board.
For the support of the Nevada junior livestock show board 2,000................................................................................... 2,000
Sec. 53. Advisory Mining Board.
For the support of the advisory mining board..................... 800 800
Sec. 54. State Bureau of Mines.
For the support of the state bureau of mines....................... 60,000 60,000
Sec. 55. Fort Mohave Valley Development Fund.
For the support of the Fort Mohave Valley development fund 7,500................................................................................... 7,500
Sec. 56. Consolidated Bond Interest and Redemption Fund.
For the support of the consolidated bond interest and redemption fund................................................................................................... 287,670 281,215
Sec. 57. Department of Motor Vehicles.
The following sum is hereby appropriated from the state highway fund for the support of the department of motor vehicles....... 1,629, 739 1,776,155
Sec. 58. State Board of Examiners Emergency Fund.
For the support of the state board of examiners emergency fund 48,612.................................................................................. ........
Sec. 59. When the Nevada girls training center is placed in operation by the governor upon its completion as provided by law, any remaining balances of moneys appropriated by section 39 of this act for the care of girls committed to the Nevada youth training center shall be deemed thereafter to be appropriated for the support of the Nevada girls training center. The state controller is then authorized and directed to make the necessary transfer of funds upon his books, and such moneys shall be subject to the provisions of section 61 of this act.
Sec. 60. The funds herein appropriated shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each departmental request.
κ1961 Statutes of Nevada, Page 608 (CHAPTER 316, SB 250)κ
from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each departmental request. None of the funds herein appropriated for the fiscal year beginning July 1, 1962, and ending June 30, 1963, shall be committed or expended before July 1, 1962.
Sec. 61. Except as otherwise provided by law:
(a) On July 1, 1962, any unexpended balances of the appropriations herein made for the fiscal year beginning July 1, 1961, and ending June 30, 1962, shall revert to the fund from which appropriated.
(b) On July 1, 1963, any unexpended balances of the appropriations herein made for the fiscal year beginning July 1, 1962, and ending June 30, 1963, shall revert to the fund from which appropriated.
Sec. 62. This act shall become effective on July 1, 1961.
________
Senate Bill No. 251Committee on Finance
CHAPTER 317
AN ACT making appropriations from the general fund in the state treasury to the state distributive school fund for the fiscal years beginning July 1, 1961, and ending June 30, 1962, and beginning July 1, 1962, and ending June 30, 1963; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year beginning July 1, 1961, and ending June 30, 1962, there is hereby appropriated from the general fund in the state treasury to the state distributive school fund the sum of $17,002,238. On July 1, 1962, any unexpended balance of the appropriation made in this section shall revert to the general fund in the state treasury.
Sec. 2. For the fiscal year beginning July 1, 1962, and ending June 30, 1963, there is hereby appropriated from the general fund in the state treasury to the state distributive school fund the sum of $19,187,178. On July 1, 1963, any unexpended balance of the appropriation made in this section shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective on July 1, 1961.
________
κ1961 Statutes of Nevada, Page 609κ
Senate Bill No. 252Committee on Finance
CHAPTER 318
AN ACT fixing the state ad valorem tax levies for the 2 fiscal years commencing July 1, 1961, and ending June 30, 1962, and commencing July 1, 1962, and ending June 30, 1963; providing for the levy and collection of ad valorem taxes on personal property not placed on the secured tax roll; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year commencing July 1, 1961, and ending June 30, 1962, an ad valorem tax of 28 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
Sec. 2. For the fiscal year commencing July 1, 1962, and ending June 30, 1963, and ad valorem tax of 28 cents on each $100 of assessed valuation of taxable property is hereby levied and directed to be collected for state purposes upon all taxable property in the state, including net proceeds of mines and mining claims, except such property as is by law exempt from taxation. Taxes on personal property not placed on the secured tax roll shall be levied and collected as provided in NRS 361.505.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 456Committee on Ways and Means
CHAPTER 319
AN ACT appropriating moneys from the general fund and the fish and game fund for various state capital improvements, physical plant design, construction, rehabilitation, erection, alteration, repairs, additions, equipment and furnishings, real property acquisitions, surveys, preparation of plans, specifications and contract documents, and other things; stating the powers, duties and responsibilities of the state planning board and other officers; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. General fund appropriation-1961. For the support of the state planning board in carrying out the program of capital improvements, physical plant design, construction, rehabilitation, erection, alteration, repairs, additions, equipment and furnishings, real property acquisitions, surveys, preparation of plans, specifications and contract documents, and other things set forth in sections 2 to 9, inclusive, of this act, there is hereby appropriated from the general fund in the state treasury the sum of $3,094,640.
κ1961 Statutes of Nevada, Page 610 (CHAPTER 319, AB 456)κ
improvements, physical plant design, construction, rehabilitation, erection, alteration, repairs, additions, equipment and furnishings, real property acquisitions, surveys, preparation of plans, specifications and contract documents, and other things set forth in sections 2 to 9, inclusive, of this act, there is hereby appropriated from the general fund in the state treasury the sum of $3,094,640.
Sec. 2. University of Nevada-1961. The sum of $1,071,570 of the moneys appropriated in section 1 of this act is hereby allocated for the accomplishment of the following projects at the Reno and Nevada Southern regional branch campuses of the University of Nevada and in the sums set forth thereafter:
(a) Reno campus:
Acquisition of real property................................................................. $112,170
Design of a social sciences (history) building.................................. 95,000
Construction of an addition to the student union building and student health facility.................................................................................... 312,000
Replacement and extension of heating lines in quadrangle............ 396,000
Remodeling of the old Clarke library................................................... 54,500
Structural survey of Morrill Hall.......................................................... 1,400
(b) Nevada Southern regional branch campus:
Furnishings for the science and technology building..................... 51,000
Construction and installation of utilities............................................ 26,500
Construction of outside courts and landscaping............................. 23,000
Sec. 3. Nevada state hospital-1961. The sum of $203,500 of the moneys appropriated in section 1 of this act is hereby allocated for the accomplishment of the following projects at the Nevada state hospital and in the sums set forth thereafter:
(a) Rehabilitation and repair of the power distribution system............ $25,000
(b) Rehabilitation and repair of heating system..................................... 50,000
(c) Construction of an addition to the administration building........... 128,500
Sec. 4. Nevada state prison-1961. The sum of $471,320 of the moneys appropriated in section 1 of this act is hereby allocated for the accomplishment of the following projects related to the Nevada state prison and in the sums set forth thereafter:
(a) Installation of a boiler and two generators........................................ $75,000
(b) Removal of guard quarters; construction of a new main gate for the northeast entrance and guard station; construction of security fencing and roads............................................................................................. 45,000
(c) Design of a minimum security prison................................................. 90,000
(d) Acquisition of real property for a womens prison and security corridor 17,120
(e) Design and construction of a womens prison................................. 244, 200
Sec. 5. Nevada state childrens home-1961. The sum of $115,950 of the moneys appropriated in section 1 of this act is hereby allocated for the accomplishment of the following projects at the Nevada state childrens home and in the sums set forth thereafter:
κ1961 Statutes of Nevada, Page 611 (CHAPTER 319, AB 456)κ
for the accomplishment of the following projects at the Nevada state childrens home and in the sums set forth thereafter:
(a) Construction of two cottages.............................................................. $108,100
(b) Reroofing of the shop building and bowling alley.......................... 5,350
(c) Remodeling of the heating system in the old gymnasium.............. 2,500
Sec. 6. School for delinquent girls-1961. The sum of $910,000 of the moneys appropriated in section 1 of this act is hereby allocated for the construction of a school for delinquent girls (to be designated the Nevada girls training center) in or near the city of Caliente, Lincoln County, Nevada.
Sec. 7. Nevada state museum-1961. The sum of $39,600 of the moneys appropriated in section 1 of this act is hereby allocated for the accomplishment of the following projects at the Nevada state museum and in the sums set forth thereafter:
(a) Structural and safety corrections........................................................ $29,100
(b) Installation of a fire detection system................................................ 10,500
Sec. 8. Capitol complex-1961. The sum of $67,300 of the moneys appropriated in section 1 of this act is hereby allocated for the accomplishment of the following projects in Ormsby County, Nevada, and elsewhere, and in the sums set forth thereafter:
(a) Advance planning of a corporation yard.......................................... $3,000
(b) Advance planning of a state printing office and plant................... 12,000
(c) Rehabilitation of the state water system............................................ 52,300
Sec. 9. Miscellaneous projects-1961. The sum of $215,400 of the moneys appropriated in section 1 of this act is hereby allocated for the accomplishment of the following miscellaneous projects and in the sums set forth thereafter:
(a) Construction of a warehouse for the state department of purchasing, Reno, Nevada...................................................................................... $194,000
(b) Construction of a paint and storage building for the division of forestry of the state department of conservation and natural resources, Reno, Nevada .................................................................................... 10,800
(c) Construction of a fire station for the division of forestry of the state department of conservation and natural resources, Peavine Mountain, Washoe County, Nevada.................................................................. 10,600
Sec. 10. Fish and game fund appropriation; fish hatchery remodeling.
(a) Subject to the provisions of paragraph (b), the sum of $105,700 is hereby appropriated from the fish and game fund, effective July 1, 1961, for the support of the state planning board for the remodeling of the fish hatchery at Verdi, Washoe County, Nevada.
(b) The state controller shall not transfer any of the moneys herein appropriated nor shall the state planning board proceed with the remodeling of the fish hatchery until the state planning board has received a copy of a resolution adopted by the state board of fish and game commissioners requesting that such remodeling be undertaken.
κ1961 Statutes of Nevada, Page 612 (CHAPTER 319, AB 456)κ
received a copy of a resolution adopted by the state board of fish and game commissioners requesting that such remodeling be undertaken.
Sec. 11. General fund appropriation-1962. For the support of the state planning board in carrying out the program of capital improvements, physical plant design, construction, rehabilitation, erection, alteration, repairs, additions, equipment and furnishings, real property acquisitions, surveys, preparation of plans, specifications and contract documents, and other things set forth in sections 12 and 13 of this act, there is hereby appropriated, effective July 1, 1962, from the general fund in the state treasury the sum of $1,188,060.
Sec. 12. University of Nevada-1962. The sum of $307,660 of the moneys appropriated in section 11 of this act is hereby allocated for the accomplishment of the following projects at the Reno and Nevada Southern regional branch campuses of the University of Nevada and in the sums set forth thereafter:
(a) Reno campus:
Construction of a home management residence............................... $69,000
Design of a physical science building................................................ 187,000
Advance planning for the remodeling of the Mackay Science Building ................................................................................................... 3,000
Advance planning for a building for the college of education....... 15,660
(b) Nevada Southern regional branch campus:
Design of a fine arts building................................................................ ................................................................................................ 33,000
Sec. 13. Capitol complex-1962. The sum of $880,400 of the moneys appropriated in section 11 of this act is hereby allocated for the accomplishment of the following projects in Ormsby County, Nevada, and in the sums set forth thereafter:
(a) Design of a corporation yard............................................................... $16,400
(b) Design of a state printing office and plant........................................ 110,000
(c) Purchase of the department of highways building.......................... 754,000
Sec. 14. Fish and game fund appropriation-1962; fish hatchery projects.
(a) Subject to the provisions of paragraphs (b) and (c), the sum of $143,400 is hereby appropriated from the fish and game fund, effective July 1, 1962, for the support of the state planning board for the accomplishment of the following projects and in the sums set forth thereafter:
(1) Construction of a fish hatchery building at Verdi, Washoe County, Nevada.............................................................................................. $132,700
(2) Design for the remodeling of the fish hatchery at Ruby Lake, Elko County, Nevada............................................................................... 10,700
(b) The state controller shall not transfer any of the moneys appropriated for the construction of the fish hatchery building at Verdi, Washoe County, Nevada, nor shall the state planning board proceed with such construction until the state planning board has received a copy of a resolution adopted by the state board of fish and game commissioners requesting that such construction be undertaken.
κ1961 Statutes of Nevada, Page 613 (CHAPTER 319, AB 456)κ
with such construction until the state planning board has received a copy of a resolution adopted by the state board of fish and game commissioners requesting that such construction be undertaken.
(c) The state controller shall not transfer any of the moneys appropriated for design for the remodeling of the fish hatchery at Ruby Lake, Elko County, Nevada, nor shall the state planning board proceed with such designing until the state planning board has received a copy of a resolution adopted by the state board of fish and game commissioners requesting that such designing be undertaken.
Sec. 15. Duties of state planning board, attorney general. The state planning board is hereby charged with the duty of carrying out the provisions of this act:
(a) As provided in chapter 341 of NRS;
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements set forth in this act.
The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.
All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
Except as hereinafter provided, the state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each construction project designated in this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
The state planning board shall not be required to advertise for sealed bids for the construction projects authorized in paragraphs (b) and (c) of section 5 of this act, but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.
Sec. 16. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 614κ
Senate Bill No. 201Committee on Finance
CHAPTER 320
AN ACT to amend NRS section 369.330, relating to excise taxes on liquor, by increasing all liquor excise taxes.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 369.330 is hereby amended to read as follows:
369.330 Except as otherwise provided in this chapter, an excise tax is hereby levied and shall be collected respecting all liquor and upon the privilege of importing, possessing, storing or selling liquor, according to the following rates and classifications:
1. On liquor containing more than 22 percent of alcohol by volume, [80 cents] $1.40 per wine gallon or proportionate part thereof.
2. On liquor containing more than 14 percent up to and including 22 percent of alcohol by volume, [25] 50 cents per wine gallon or proportionate part thereof.
3. On liquor containing more than one-half of 1 percent up to and including 14 percent of alcohol by volume, [15] 30 cents per wine gallon or proportionate part thereof.
4. On all malt beverage liquor brewed or fermented and bottled in or outside this state, [3] 6 cents per gallon.
Sec. 2. This act shall become effective on May 1, 1961.
________
Senate Bill No. 223Senators Brown, Gallagher, Lamb and Whitacre (By request of the Legislative Commission)
CHAPTER 321
AN ACT to amend Title 39 of NRS, relating to mentally diseased and deficient persons, by creating a new chapter designating the state department of health as the official state agency responsible for developing and administering preventive and out-patient mental health services; defining terms; imposing duties on and granting powers to the state department of health, the state board of health and the state health officer; and providing for in-patient and out-patient care of mentally ill persons; to amend NRS section 439.020, relating to divisions of the state department of health, by specifying that the state department of health shall consist of several bureaus, including the bureau of mental health, divisions and subdivisions; making an appropriation from the general fund in the state treasury for the support of the bureau of mental health for the fiscal years 1961-1963; requiring cooperation between personnel of the state department of health and the legislative commission and a report to the 52nd session of the Nevada legislature; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 39 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
κ1961 Statutes of Nevada, Page 615 (CHAPTER 321, SB 223)κ
Sec. 2. As used in this chapter, unless the context requires otherwise:
1. Board means the state board of health.
2. Department means the state department of health.
Sec. 3. The department is designated as the official state agency responsible for developing and administering preventive and outpatient mental health services. It shall function in the following areas:
1. Assisting and consulting with local health authorities in providing community mental health services, which services may include prevention, rehabilitation, case-finding, diagnosis and treatment of the mentally ill, and consultation and education for groups and individuals regarding mental health.
2. Coordinating mental health functions with other state agencies.
3. Participating in and promoting the development of facilities for training personnel necessary for implementing such services.
4. Collecting and disseminating information pertaining to mental health.
5. Performing such other acts as necessary to promote mental health in the state.
Sec. 4. The board shall from time to time adopt, amend, rescind, execute and enforce such rules and regulations as it may deem necessary for carrying out the provisions of this chapter. Such rules and regulations shall have the force and effect of law.
Sec. 5. 1. The state health officer shall appoint a director of the bureau of mental health who shall:
(a) Hold a degree of doctor of medicine from a medical school accredited by the American Medical Association.
(b) Be licensed to practice medicine in Nevada.
(c) Have training and experience in the field of psychiatry.
(d) Be in the unclassified service of the state.
(e) Receive an annual salary not to exceed $20,000.
2. The state health officer shall appoint, pursuant to the provisions of chapter 284 of NRS, such other professional, technical, clerical and operational staff as may be necessary to carry out the provisions of this chapter.
Sec. 6. Every person who, under the rules and regulations of the board, is found to be mentally ill, shall be cared for at a public expense, if he or a relative within the second degree of affinity or consanguinity, or a guardian, produces a written statement subscribed and sworn to before a notary public declaring that he is unable to pay for psychiatric, medical or hospital care.
Sec. 7. The department shall, by contract with general hospitals or other institutions having adequate facilities in the State of Nevada, provide for in-patient care of mentally ill patients.
Sec. 8. The department may contract with private physicians to provide in-patient and out-patient care for mentally ill patients when it appears that they can be treated best in that manner.
Sec. 9. For the purposes of this chapter, the department may cooperate, financially or otherwise, and execute contracts or agreements with the Federal Government or any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual, or a group of individuals, but such cooperation shall not of itself relieve any person, department, agency, corporation or political subdivision of any responsibility or liability existing under any provision of law.
κ1961 Statutes of Nevada, Page 616 (CHAPTER 321, SB 223)κ
with the Federal Government or any federal department or agency, any other state department or agency, a county, a city, a public district or any political subdivision of this state, a public or private corporation, an individual, or a group of individuals, but such cooperation shall not of itself relieve any person, department, agency, corporation or political subdivision of any responsibility or liability existing under any provision of law.
Sec. 10. For the purposes of this chapter, the department may accept:
1. Funds appropriated and made available by any Act of the Congress of the United States.
2. Funds and contributions made available by a county, a city, a public district or any political subdivision of this state.
3. Funds and contributions made available by a public or private corporation, by a group of individuals, or by individuals.
Sec. 11. 1. Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund. Such funds shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
2. All moneys in any fund available to the department for carrying out the provisions of this chapter shall be paid out on claims approved by the state health officer as other claims against the state are paid.
Sec. 12. NRS 439.020 is hereby amended to read as follows:
[1. There shall be in the state department of health the following divisions:
(a) Division of vital statistics.
(b) Division of public health engineering.
(c) Division of laboratories.
(d) Division of preventive medical services.
(e) Such other divisions, subdivisions or bureaus as are or may be necessary for the prevention of disease, the prolongation of life, and the promotion of the physical health and mental efficiency of the people of the State of Nevada.
2. The director of each division shall be a person specially trained or adequately experienced in the duties of the division.
3. The state board of health may, subject to the approval of the governor, create such other divisions, subdivisions or bureaus of the state health department as may be necessary and may consolidate, divide or abolish any division, subdivision or bureau as deemed necessary.] The state department of health shall consist of:
1. The bureau of environmental health.
2. The bureau of mental health.
κ1961 Statutes of Nevada, Page 617 (CHAPTER 321, SB 223)κ
3. The bureau of preventive medical services.
4. Such other bureaus, divisions or subdivisions as the state board of health may from time to time establish.
Sec. 13. 1. There is hereby appropriated from the general fund in the state treasury the sum of $218,130 for the support of the bureau of mental health in the state department of health for the fiscal year beginning July 1, 1961, and ending on June 30, 1962. On July 1, 1962, any unexpended balance of the appropriation herein made shall revert to the general fund in the state treasury.
2. There is hereby appropriated from the general fund in the state treasury the sum of $212,837 for the support of the bureau of mental health in the state department of health for the fiscal year beginning July 1, 1962, and ending on June 30, 1963. On July 1, 1963, any unexpended balance of the appropriation herein made shall revert to the general fund in the state treasury.
Sec. 14. 1. During the 2 fiscal years beginning July 1, 1962, and ending June 30, 1963, members of the state board of health, the state health officer and the various staff members of the state department of health shall meet with the legislative commission as often and as many times as may be desired by the legislative commission in order to:
(a) Explain advance planning for the development of the program set forth in this act.
(b) Make progress reports.
(c) Account for the expenditure of funds regardless of the source.
(d) Report on all matters pertaining to the administration of the provisions of this act.
2. The legislative commission shall:
(a) Provide advice and counsel to the persons and officers specified in subsection 1.
(b) Be familiar with the development of the program.
(c) Present a report relative thereto to the 1963 session of the legislature for study and consideration.
________
κ1961 Statutes of Nevada, Page 618κ
Senate Bill No. 237Committee on Finance
CHAPTER 322
AN ACT to amend chapter 210 of NRS, relating to the Nevada youth training center, by adding new sections creating the Nevada girls training center; providing for an advisory board and superintendent and delineating their powers and duties; providing for a staff; and providing for commitments, paroles and discharges; to amend NRS sections 202.010, 209.250, 210.010, 210.020, 210.040, 210.180, 334.010, 389.020, 391.090, 392.280, 433.120, 439.250 and 482.365, relating to cigarettes, transfers of minors from the Nevada state prison, the Nevada youth training center, state automobiles, education, the superintendent of the Nevada State hospital and the state health officer, by making changes necessitated by the addition of such new sections; to repeal NRS section 210.181, relating to care and custody of female persons committed to the Nevada school of industry; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 210 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 34, inclusive, of this act.
Sec. 2. As used in sections 2 to 34, inclusive, of this act:
1. Board means the Nevada girls training center advisory board.
2. School means the Nevada girls training center.
3. Superintendent means the superintendent of the school.
Sec. 3. 1. There is hereby created the Nevada girls training center advisory board composed of five members appointed by and responsible to the governor, and serving at the pleasure of the governor.
2. Not more than two members shall be residents of the same county.
3. Members of the board shall be selected with reference to their ability and fitness to effectuate the purposes of this act.
Sec. 4. 1. The members of the board shall meet at such times and in such places as they shall deem necessary, but a meeting of the board shall be held at quarterly intervals.
2. At the first meeting subsequent to the appointment of any new member, the board shall elect one of its members as chairman.
3. The board shall prescribe rules and regulations for its own management and government, and its shall have only such powers and duties as may be authorized by law.
4. Three members of the board shall constitute a quorum, and such quorum may exercise all of the power and authority conferred on the board.
Sec. 5. The board shall be an advisory body to the superintendent, and 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 female minors adjudged delinquent.
2. To advise the superintendent concerning the organization and administration of the school. The superintendent shall report to the board upon all matters concerning the administration of his office, and 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.
κ1961 Statutes of Nevada, Page 619 (CHAPTER 322, SB 237)κ
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 female 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 act.
6. To exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this act.
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. While engaged in official business of the school, the members of the board shall receive the per diem expense allowance and travel expenses provided by law.
Sec. 7. 1. The provision of superintendent of the school is hereby created.
2. The superintendent shall be selected on the basis of merit under the provisions of chapter 284 of NRS, and shall be in the classified service of the state, except for the purposes of removal. He shall be appointed by and be responsible to the governor, and shall serve at the pleasure of the governor.
3. He shall reside at the residence provided for in section 8 of this act.
4. He shall receive the per diem expense allowance and travel expenses provided by law.
Sec. 8. 1. In addition to his salary, the superintendent shall be entitled to:
(a) The use of a residence on the grounds of or near the school, which shall be maintained by the state.
(b) Heat, electricity and water for the residence.
(c) The use of an electric or gas cooking stove, a refrigerator and an automatic washing machine.
(d) Meals at the school without charge when supervising personnel or inmates.
2. The superintendent shall receive no perquisites except those provided for in this section.
Sec. 9. 1. The superintendent shall have wide and successful administrative experience in youth correctional programs embodying rehabilitative or delinquency prevention concepts. He shall have had at least 2 years administrative experience in an institution dealing primarily with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.
κ1961 Statutes of Nevada, Page 620 (CHAPTER 322, SB 237)κ
with youth on a 24-hour basis, and shall have graduated from an accredited 4-year college or university, or have had an equivalent combination of experience and training, substituting 2 years of such experience for 1 year of training.
2. The governor shall request the state department of personnel to use extensive recruitment and merit selection techniques and procedures to provide a list of persons qualified for appointment as superintendent.
Sec. 10. 1. The superintendent shall devote his entire time to the duties of his position, and shall follow no other gainful employment or occupation.
2. He shall be the executive and administrative head of the school, and as such shall have the following powers and duties:
(a) Exercise general supervision of and make and revise rules and regulations for the government of the school.
(b) Make and revise rules and regulations for the preservation of order and the enforcement of discipline.
(c) Be responsible for and supervise the fiscal affairs and responsibilities of the school, and purchase such supplies and equipment as may be necessary from time to time.
(d) Make quarterly reports to the board, and supply the legislature with material on which to base legislation.
(e) Keep a 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.
(f) Invoke any legal, equitable or special procedures for the enforcement of his orders or the enforcement of the provisions of sections 2 to 34, inclusive, of this act.
(g) Submit an annual report to the governor and the legislature of the condition, operation and functioning of the school, and anticipated needs of the school.
(h) Keep the public informed in regard to the activities and operation of the school, and disseminate other information which will acquaint the public with juvenile correctional problems pertaining to females.
Sec. 11. The superintendent may, with the approval of the governor, enter into contracts with colleges, universities and other organizations for the purposes of research in the field of delinquency and crime prevention, for training special workers, including teachers, probation and parole officers, social workers and others, whether volunteers or not, or whether they are on a part-time or full-time basis, engaged in fields of education, recreation, mental hygiene and the treatment and prevention of delinquency.
Sec. 12. 1. The superintendent shall appoint such teaching, technical, clerical and operational staff as the execution of his duties, the care of the inmates, and the maintenance and operation of the school may require, the appointments to be made in accordance with the provisions of chapter 284 of NRS.
κ1961 Statutes of Nevada, Page 621 (CHAPTER 322, SB 237)κ
2. The superintendent may designate an employee or employees of the school to act as his deputy or deputies. In case of the absence of the superintendent, or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy or deputies.
3. Officers and employees of the school shall receive the per diem expense allowance and travel expenses provided by law.
Sec. 13. 1. If the superintendent finds that it is necessary or desirable that any employee reside at the school, perquisites granted to such person or charges for services rendered to such person shall be at the discretion of the governor.
2. The governor shall notify each regular session of the legislature of the existing charges and perquisites.
Sec. 14. 1. The superintendent shall cause a department of instruction to be organized for the inmates of the school, with programs of study corresponding so far as practicable to programs of study given in the elementary and high schools of the state.
2. The superintendent may arrange for industrial training and the teaching of various trades. and he may purchase such supplies and equipment as may be necessary for the teaching of such programs of study.
3. If deemed practicable, inmates of the school may be enrolled for instruction at the Lincoln County high school, and the superintendent shall provide transportation for such inmates to the high school.
4. The superintendent may also arrange for the employment of inmates upon ranches, farms, and in other private occupations during the summer vacation months and for other periods which he deems proper for the full utilization of the inmates time and productive capacity, but the inmates shall not be compelled to accept such private employment against their desires. For the purposes of this section, the amounts to be paid to the inmates and working conditions under which they shall be employed shall be determined by the superintendent and the employer, and any amounts paid shall, at the discretion of the superintendent, be paid in whole or in part to the inmate or to the superintendent for safekeeping as provided for in section 18 of this act.
5. The ultimate purpose of all such instruction, training, employment and industry shall be to qualify inmates for profitable and honorable employment, and to enable them to lead useful lives after their release from the school.
Sec. 15. The superintendent shall make arrangements for carrying out the provisions of Title 34 of NRS as regards the school.
Sec. 16. 1. Moneys to carry out the provisions of this act shall be provided by legislative appropriation from the general fund.
2. All moneys in any fund in the state treasury available to the school shall be paid out on claims approved by the superintendent as other claims against the state are paid.
3. All moneys on deposit in banks, which are available to the school shall be paid out by checks signed by the superintendent or by a deputy designated by him for the purpose.
κ1961 Statutes of Nevada, Page 622 (CHAPTER 322, SB 237)κ
shall be paid out by checks signed by the superintendent or by a deputy designated by him for the purpose.
Sec. 17. 1. The superintendent is authorized to accept gifts, devises or bequests of moneys 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 girls training center gift fund. The fund shall be a continuing fund without reversion. The money in the fund shall be used for school purposes only, and expended in accordance with the terms of the gift or bequest.
Sec. 18. The superintendent is authorized to accept funds and valuables of inmates for safekeeping pending their discharges, and is directed to deposit such funds in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposits shall be secured by depository bond satisfactory to the state board of examiners. The superintendent shall keep, or cause to be kept, a fair and full account of such funds and valuables, and shall submit reports to the board relative to such funds and valuables as may be required from time to time.
Sec. 19. 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 girls training school 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 from the fund shall be repaid wherever possible.
3. The superintendent is directed to deposit the fund in a bank qualified to receive deposits of public funds under the provisions of chapter 356 of NRS, and the deposit shall be secured by a depository bond satisfactory to the state board of examiners.
4. The superintendent is authorized to maintain a small sum as petty cash at the commissary.
Sec. 20. 1. It shall be lawful for the courts to commit to the school female 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, 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. Upon the written request of the superintendent, the court may order commitment to a school approved by the board outside of the State of Nevada.
2. The court may order, when committing a female minor to the care, custody and control of the school, that the expense of her support and maintenance be paid in whole or in part by her parents, guardian or other person liable for her support and maintenance.
κ1961 Statutes of Nevada, Page 623 (CHAPTER 322, SB 237)κ
care, custody and control of the school, that the expense of her support and maintenance be paid in whole or in part by her parents, guardian or other person liable for her 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 female 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. Such examination shall be paid for by the county wherein such commitment was ordered.
Sec. 21. All female minor persons committed to the school shall be dealt with, so far as possible, by or in the presence of a female attendant, and during periods of transportation shall be in the care and custody of a female attendant.
Sec. 22. No ward of the juvenile court may be committed to the school unless such court is satisfied that the mental and physical condition and qualifications of the ward are such as to render it probable that such ward will be benefited by the reformatory educational discipline or other treatment provided by the school.
Sec. 23. 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.
Sec. 24. 1. If any person committed to the school appears, either at the time of her commitment or after becoming an inmate, to be an improper person to be detained in the school, or to be so incorrigible or so incapable of reformation under the discipline of the school as to render her detention detrimental to the interests of the school, the superintendent may return such person to the committing court.
2. The return of any person to the committing court does not relieve the school of any of its duties or responsibilities under the original commitment, and such commitment continues in full force and effect until it is vacated, modified or set aside by order of the court.
Sec. 25. 1. The committing court may change, modify or set aside the order of commitment. Ten days written notice of the hearing of the application therefor shall be served upon the superintendent, by registered mail, postage prepaid.
2. In changing, modifying or setting aside such order, the court shall give due consideration to the effect thereof upon the discipline and parole system of the school.
Sec. 26. No person or persons employed, elected or appointed to any position of honor or profit at the school shall be nominated or appointed as guardian of the person or estate of a person who is or ever has been an inmate of the school, but, if such person is related by blood to such employee or appointee, this disability shall not apply.
κ1961 Statutes of Nevada, Page 624 (CHAPTER 322, SB 237)κ
Sec. 27. 1. Upon request of the superintendent, a person committed to the school shall be accepted by the Nevada state hospital for observation, diagnosis and treatment for a period not to exceed 90 days.
2. If, after observation, the superintendent and medical director of the Nevada state hospital finds such person to be feebleminded or mentally ill, such person may be returned to the committing court for discharge from the school and commitment in accordance with law to the Nevada state hospital.
3. If, after observation, the superintendent and medical director of the Nevada state hospital funds such person to be a sexual psychopath or a defective or psychopathic delinquent, such person shall be returned to the school. Upon the written request of the superintendent, the committing court may order that any such person be committed to an appropriate institution outside the State of Nevada approved by the board for treatment. The committing court may order the expense of such support and treatment be paid in whole or in part by the parents, guardian or other person liable for the support and maintenance of such person in accordance with the provisions of section 20 of this act. In the absence of such order, the expense of such support and treatment shall be paid by the school.
Sec. 28. The superintendent may, upon the recommendation of a physician attending an inmate, authorize the performance of any necessary medical, surgical or dental service.
Sec. 29. 1. When, in the opinion of the superintendent, an inmate deserves parole according to regulations established for that purpose, and parole will be to the advantage of the inmate, the superintendent may grant parole under such conditions as he deems best.
2. Each person paroled shall be provided with a reputable home and a school or work program. The school may pay the expenses incurred in providing such a home, which expenses shall be paid from funds made available to the school for such purpose.
3. When any person so paroled has proved her ability to make an acceptable adjustment outside the school, the superintendent shall petition the committing court, requesting dismissal of all proceedings and accusations pending against such person.
4. Any person who violates the conditions of her parole may be returned to the school.
Sec. 30. The superintendent may suspend, cancel or revoke any parole without notice, and may order the return to the school of any person upon parole therefrom.
Sec. 31. 1. The written order of the superintendent is a sufficient arrest warrant for any peace officer to return any person to the school, if such person is on parole therefrom, has been permitted her liberty upon condition, or has escaped from the school.
2. All peace officers shall execute such orders in the same manner as provided for the execution of criminal process.
Sec. 32. 1. All officers and employees of the school shall have the powers and privileges of peace officers so far as necessary to arrest inmates who have escaped from the school.
κ1961 Statutes of Nevada, Page 625 (CHAPTER 322, SB 237)κ
2. Any employee of the school assigned as a parole officer shall have the powers and privileges of a peace officer.
Sec. 33. Any person who knowingly permits or aids an inmate to escape from the school, or who conceals any inmate or escapee with the intent or purpose of enabling her to elude pursuit, is guilty of a misdemeanor.
Sec. 34. Inmates shall be discharged from the school upon reaching the age of 18 years.
Sec. 35. 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. 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 youth training center and the superintendent of the Nevada girls 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. 36. 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 or the superintendent of the Nevada girls training center, to transfer to the Nevada youth training center or the Nevada girls training center any minor persons who are now, or hereafter may be, inmates of the Nevada state prison.
Sec. 37. 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] NRS 210.010 to 210.290, inclusive, and shall be so construed:
1. Board means the youth training center advisory board.
2. School means the Nevada youth training center, heretofore established and maintained for the care of minors adjudged delinquent and committed thereto.
3. Superintendent means the superintendent of the school.
κ1961 Statutes of Nevada, Page 626 (CHAPTER 322, SB 237)κ
Sec. 38. NRS 210.020 is hereby amended to read as follows:
210.020 1. There is hereby created the 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.] NRS 210.010 to 210.290, inclusive.
Sec. 39. NRS 210.040 is hereby amended to read as follows:
210.040 The 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.] 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.] NRS 210.010 to 210.290, inclusive.
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. 40. 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.
κ1961 Statutes of Nevada, Page 627 (CHAPTER 322, SB 237)κ
[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. 41. 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, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada 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 in 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.
κ1961 Statutes of Nevada, Page 628 (CHAPTER 322, SB 237)κ
6. Any officer or employee of the State of Nevada who violates any provision of this section shall be guilty of a misdemeanor.
Sec. 42. NRS 389.020 is hereby amended to read as follows:
389.020 1. In all public schools, the Nevada girls training center, and the Nevada 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. 43. NRS 391.090 is hereby amended to read as follows:
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 youth training center or the Nevada girls 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. 44. 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 youth training center or the Nevada girls training center upon application to the district court for the county within which the school maintained by the United States is located.
Sec. 45. 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.
κ1961 Statutes of Nevada, Page 629 (CHAPTER 322, SB 237)κ
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, the Nevada girls training center and the Nevada 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. 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 knows 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. 46. 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 youth training center.
(d) Nevada state childrens home.
(e) Nevada girls training center.
[(e)] (f) Public school gymnasiums.
[(f)] (g) 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.
κ1961 Statutes of Nevada, Page 630 (CHAPTER 322, SB 237)κ
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.
Sec. 47. 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, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada 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, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center.
κ1961 Statutes of Nevada, Page 631 (CHAPTER 322, SB 237)κ
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, two automobiles used by the Nevada girls training center, and four automobiles used by the Nevada youth training center.
Sec. 48. NRS 210.181 is hereby repealed.
Sec. 49. This act shall become effective on July 1, 1962, but, except as provided in this section, none of its provisions shall become operative until final acceptance by the state planning board of the school for delinquent girls in or near the city of Caliente, Lincoln County, State of Nevada. The manager and technical supervisor of the state planning board shall, 90 days prior to the anticipated date of such acceptance, notify the governor of such anticipated acceptance. The governor shall, as soon as practicable after such date, appoint member of the Nevada girls training center advisory board and a superintendent of the center, and shall take such other steps as may be necessary to place the center in operation upon its completion.
________
Assembly Bill No. 334Messrs. Schouweiler and Bailey
CHAPTER 323
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 April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of Article I of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 223, Statutes of Nevada 1945, at page 400, is hereby amended to read as follows:
Section 2. The city of Reno shall be divided into [six] five wards which shall be as near equal in [electors] registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous. The boundaries of wards shall be established and changed by ordinance passed by a vote of at least [two-thirds] five-sevenths of the councilmen. The boundaries of wards shall be changed whenever there is annexed to the city any additional territory or whenever the [electors voting at the time of any municipal election] number of registered voters in any ward shall exceed the number of [electors voting] registered voters in any other ward by more than fifteen percent (15%).
κ1961 Statutes of Nevada, Page 632 (CHAPTER 323, AB 334)κ
(15%). No ordinance establishing or changing the boundaries of wards shall be passed or amended until the county clerk of Washoe County has certified that the number of registered voters in each proposed ward will not exceed the number of registered voters in any other ward by more than 15 percent.
Sec. 2. Section 1 of Article II of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 185, Statutes of Nevada 1955, at page 269, is hereby amended to read as follows:
Section 1. The officers of the city shall be: [mayor; six] seven members of the city council [;] , one of whom shall be selected mayor, as hereinafter provided; city manager; city attorney; city clerk; judge of the municipal court; city comptroller; city treasurer and tax receiver, the treasurer of Washoe County being ex officio city treasurer and tax receiver; city assessor, the assessor of Washoe County being ex officio city assessor; city engineer; chief of police; chief of fire department; board of health, consisting of not less than three nor more than five persons. The city council may by ordinance create any or all of the following offices: director of public works, director of public safety, director of personnel and finance, and director of parks, recreation and public properties.
Sec. 3. Section 1 of Article III-A of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 317, Statutes of Nevada 1953, at page 541, is hereby amended to read as follows:
Section 1. [There shall be a city manager of the city of Reno, who shall be the chief administrative officer of the city. He shall be appointed by the city council and the mayor, who shall have a casting vote but no power of veto; a majority of the seven eligible votes shall be required either to appoint or discharge the city manager. The city manager shall hold office at the pleasure of the mayor and council, provided that the city manager shall not be removed from office until after he shall have been granted a public hearing on reasonable notice. During his tenure of office the city manager shall reside in the city of Reno. Whenever the office of city manager shall become vacant all authority and duties vested in and imposed on the city manager shall devolve upon the mayor. The office of city manager shall not remain vacant for a period of more than six months. The city manager shall receive such compensation as may be fixed by the city council by formal resolution or ordinance from time to time. Before entering upon his duties the city manager shall take the official oath of office and shall execute a bond in favor of the city for the faithful performance of his duties in such sum and in such form as shall be fixed by the council.] 1. The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth.
2. At the time of his appointment the city manager need not be a resident of the city or state, but during his tenure of office he shall reside within the city.
κ1961 Statutes of Nevada, Page 633 (CHAPTER 323, AB 334)κ
3. The city manager shall receive such salary as may be prescribed by ordinance, and shall be reimbursed for all expenses incurred in the conduct of his official duties.
Sec. 4. Section 2 of Article III-A of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 83, Statutes of Nevada 1951, at page 93, is hereby amended to read as follows:
Section 2. [The city manager shall be responsible to the mayor and council for the proper and efficient conduct of the affairs of the city. Subject to the provisions of article XX of this charter, he shall have the power to appoint and remove all appointive officers and employees of the city whose appointment is not otherwise specifically provided for in this charter.] The city manager shall be the chief executive officer and the head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end, subject to the civil service provisions of this charter, he shall have the power and shall be required to:
1. Appoint all officers and employees of the city and, when necessary for the good of the service, remove any officer or employee of the city except as otherwise provided by this charter and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office.
2. Prepare the budget annually and submit it to the council and be responsible for its administration after adoption.
3. Prepare and submit to the council as of the end of the fiscal year an inventory of all city-owned property and a complete report of the finances and administrative activities of the city for the preceding year.
4. Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable.
5. Perform such other duties as may be prescribed by this charter or required of him by the council, not inconsistent with this charter.
6. Be bonded, the amount to be determined by the council.
7. Observe the official conduct of all officers and employees of the city, especially with respect to the collection, management and disbursement of public funds. All books, papers, records and documents of the city shall be open to his inspection at all times.
8. Report any official misconduct or willful neglect of duty to the city council.
9. Give to the city council from time to time information relating to the state of the city, and recommend such measures as he deems beneficial to the city.
10. See that the general laws, the provisions of this charter, and all ordinances, rules and regulations of the city are observed and enforced.
11. See that all contracts are faithfully performed.
12. Cause such legal proceedings to be instituted or defended as may be necessary or proper to protect the interests of the city.
κ1961 Statutes of Nevada, Page 634 (CHAPTER 323, AB 334)κ
Sec. 5. Section 3 of Article III-A of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 83, Statutes of Nevada 1951, at page 93, is hereby amended to read as follows:
Section 3. [The city manager shall require all ordinances of and all laws applicable to the city to be faithfully enforced and executed. He shall prepare and submit to the mayor and council a tentative budget for each ensuing fiscal year. He shall discharge such other duties as the council shall direct by motion, resolution or ordinance.] To perform his duties during his temporary absence or disability, the city manager may designate by letter filed with the city clerk a qualified administrative officer of the city. In the event of failure of the city manager to make such designation, the council may by resolution appoint an officer of the city to perform the duties of the city manager until he shall return or his disability shall cease. During any vacancy in the office of city manager, the mayor, with concurrence of the city council, shall appoint an acting city manager who shall have the powers and duties of the city manager until a city manager is appointed. No member of the city council, including the mayor, shall be appointed acting city manager.
Sec. 6. (This section deleted by amendment.)
Sec. 7. Section 3 of Article IV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 185, Statutes of Nevada 1955, at page 269, is hereby amended to read as follows:
Section 3. In addition to the duties hereinbefore imposed the city clerk shall be the official license collector of the city and shall collect all city licenses and all other moneys making up the city revenues, except general taxes and special assessments. All licenses and permits shall be printed in triplicate and numbered serially. Every license shall bear the facsimile signature of the mayor and city comptroller and shall be countersigned by the city clerk or his deputy. When the city clerk collects the required fee for any license or permit he shall deliver the original to the licensee, the duplicate to the city comptroller, and retain the triplicate among his own official records. All moneys belonging to the city 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. The time and manner of the 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, trade or calling without having procured the requisite license therefor, and the city clerk shall forthwith report such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may make 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 shall be liable for and 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 635 (CHAPTER 323, AB 334)κ
property in any place or building, where by ordinance the business shall be liable for and be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within thirty days after the same becomes due and payable, an amount fixed by the city council not to exceed fifty percent of the amount of such license, which shall become a part of the license, and shall, with such license, be collected by the city clerk.
Sec. 8. Section 3 of Article VIII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 71, Statutes of Nevada 1905, at page 106, is hereby amended to read as follows:
Section 3. On paying any warrant, the 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 so canceled shall be a sufficient voucher for the treasurer as to the amount so 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 council. The [mayor,] city manager, city clerk, or any member of the council may at any time examine the books and vouchers of the treasurer, concerning the state of the finances and moneys in the hands of the treasurer, belonging to the city.
Sec. 9. Section 1 of Article IX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 223, Statutes of Nevada 1945, at page 403, is hereby amended to read as follows:
Section 1. There shall be a chief of police of said city who shall be appointed by the city manager, [if there be one, or otherwise by the mayor,] subject to confirmation by the city council. He shall be of the age of not less than thirty years and shall have been actively engaged in law enforcement work for a period of not less than five years continuously and immediately preceding his appointment. The city council shall have power to fix the number of police officers needed by the city and to fix the salaries thereof.
Sec. 10. Section 1 of Article X of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 103, Statutes of Nevada 1947, at page 389, is hereby amended to read as follows:
Section 1. There shall be a chief of the fire department who shall be appointed by the city manager, [if there be one, or otherwise by the mayor,] subject to confirmation by the council. He shall be of the age of not less than thirty years and shall have been employed by a municipality and actively engaged in fire prevention or fire protection work for a period of not less than five years continuously and immediately preceding his appointment. He shall have the power, subject to the approval of the city council, to prescribe, promulgate, and enforce rules and regulations for the governing of members and employees of the fire department which shall, however, not be inconsistent with the charter and ordinances of the city, or the laws of the state.
κ1961 Statutes of Nevada, Page 636 (CHAPTER 323, AB 334)κ
enforce rules and regulations for the governing of members and employees of the fire department which shall, however, not be inconsistent with the charter and ordinances of the city, or the laws of the state. He shall see that all rules, regulations, laws, and ordinances concerning the department are carried into effect and observed. He shall diligently observe the condition of all apparatus in use by the department and, from time to time, shall report to the council, with his recommendations for the betterment of the department and to increase its efficiency. The city council shall have the power to fix the number of firemen needed by the city and to fix the salaries of the chief of the department and other employees thereof as it shall deem appropriate. Employees entering the service of the fire department shall in all cases be under the age of 31 years. The city council may permit, under such conditions as it may prescribe, the equipment and personnel of the fire department to go beyond and outside the corporate limits of the city for the purpose of extinguishing or aiding in extinguishing or control of fires, and any such use of such equipment or personnel shall be deemed an exercise of a governmental function of such city.
Sec. 11. Section 1 of Article XI of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 223, Statutes of Nevada 1945, at page 404, is hereby amended to read as follows:
Section 1. There shall be a city engineer who shall be the chief officer of the city engineering department. He shall have a degree from an accredited engineering college or the equivalent thereof and have had not less than three years practical experience as a civil or municipal engineer next preceding his appointment. The city engineer shall be appointed by the city manager. [if there be one, or otherwise by the mayor, subject to confirmation by the council.] The city council shall prescribe such salary for the city engineer as it shall deem appropriate.
Sec. 12. Section 1 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 184, Statutes of Nevada 1915, at page 255, is hereby amended to read as follows:
Section 1. 1. The legislative power of the city, except as hereinbefore provided, shall be vested in a city council, consisting of [six] seven members, who shall hold office for the term of four years from and after their election [.] , except as provided in section 2 of this Article and section 1 of Article XVII. They shall be citizens of the state, bona fide residents and taxpayers in the city, and qualified electors of [their respective wards,] the wards in which they reside, whose names appear upon the official register as electors of such ward, and residents thereof, within the corporate limits of the said city; provided, that no person shall be eligible to the office of councilman, except for the office of councilman at large, who shall not have been an actual bona fide resident in [the] such ward [to be represented by him] for the period of at least six months immediately preceding the date of such election.
κ1961 Statutes of Nevada, Page 637 (CHAPTER 323, AB 334)κ
2. At the first council meeting after each city general or council election, the council shall elect one from among their number who shall have the title of mayor. The mayor shall preside at meetings of the council, and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no regular administrative duties. The mayor shall enforce the rules of the city council for its own government and determine the order of business at meetings pursuant to such rules. The mayor shall be entitled to vote on all issues and shall vote last on roll call votes.
3. At the same time, the council shall also elect one from among their number as assistant mayor, who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs he shall become mayor for the completion of the unexpired term.
4. The mayor and the assistant mayor shall be elected for a term of 2 years and either may be removed from such position only for cause after a public hearing by an affirmative vote of six members of the council.
Sec. 13. Section 2 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 184, Statutes of Nevada 1915, at page 255, is hereby amended to read as follows:
Section 2. Of the councilmen elected hereunder at the [next] general city election [, the one elected from the First ward, the one elected from the Second ward, the one elected from the Third ward, the one elected from the Fourth ward, and the one elected from the Sixth ward] to be held on the 1st Tuesday after the 1st Monday in June 1963, the councilmen elected from the second and fourth wards and one councilman at large shall serve for the term of four years, from and after the date of their election. [Upon the expiration of the term of office of the councilman heretofore elected from the Fifth ward, the vacancy shall be filled as provided in section 3 of this article; and thereafter at each general city election one councilman shall be elected from each ward in the city to serve for the term of four years from and after the date of his election.] The councilmen elected at such election from the first, third and fifth wards and one councilman at large shall serve for a term of 2 years from and after the date of their election. Thereafter, each councilman shall serve for a term of 4 years from and after the date of his election. Two councilmen shall be elected at large from within the city and one councilman shall be elected from each ward of the city, but all qualified electors of the city may vote for all candidates for the office of councilman.
Sec. 14. Section 3 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 74, Statutes of Nevada 1941, at page 97, is hereby amended to read as follows:
Section 3. Any vacancy occurring in the office of councilman, city clerk, police judge, city attorney, or any other elective office shall be filled by the mayor and city council at the first regular meeting after such vacancy, when the mayor shall, subject to confirmation by the city council, appoint some person possessing the requisite qualifications as hereinbefore prescribed, and in case the person so nominated is not confirmed by a majority vote of all the members elected, the mayor shall nominate another, and so on until the place is filled.
κ1961 Statutes of Nevada, Page 638 (CHAPTER 323, AB 334)κ
city council, appoint some person possessing the requisite qualifications as hereinbefore prescribed, and in case the person so nominated is not confirmed by a majority vote of all the members elected, the mayor shall nominate another, and so on until the place is filled. The person so appointed shall hold such office until the election and qualification of his successor at the next general city or council election.
Sec. 15. Section 4 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 185, Statutes of Nevada 1955, at page 271, is hereby amended to read as follows:
Section 4. A majority of all the members elected to the city council shall constitute a quorum to do business; but a less number may meet and adjourn from time to time, and compel the attendance of the absent members. The city council may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the ayes and nays to be taken and entered in its journal upon any question before it. Its deliberations, sessions, and proceedings must be public. The councilmen, except the mayor, shall each receive a salary of [two thousand four hundred dollars] $4,800 per annum, and the mayor shall receive a salary of $6,000 per annum, payable monthly from and after the effective date of this act.
Sec. 16. Section 5 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 83, Statutes of Nevada 1951, at page 95, is hereby amended to read as follows:
Section 5. The city council shall hold its regular meetings on the second and fourth Mondays of each month and shall continue in session until the unfinished business of each regular meeting shall have been fully and finally disposed of as far as practicable. If any regular meeting of the council shall fall on a legal holiday such meeting shall be held on the next business day. Special meetings may also be held on the call of the mayor [,] or city manager, or by a majority of all the members elected to the city council; provided, that no ordinance shall be read or passed, or any claim allowed at such special meeting, and provided, further, that no business shall be transacted at such special meeting except such as shall be stated in the call thereof.
Sec. 17. Section 6 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as amended by chapter 71, Statutes of Nevada 1905, at page 111, is hereby amended to read as follows:
Section 6. Upon the passage of ordinances, or any resolution appropriating money, allowing claims, granting, denying, increasing, decreasing, abolishing or revoking licenses or changing the rate or terms of licenses, the yeas and nays shall be taken and the Clerk shall enter the same and the vote of each member [, as well as the Mayors vote in case of a tie,] in the journal.
Sec. 18. Section 8 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, at page 112, is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 639 (CHAPTER 323, AB 334)κ
Section 8. The Council shall have the power to punish any person or member thereof, for disorderly conduct in its presence, and to compel the attendance of witnesses and the production of all papers relating to any business before the Council; and may punish disobedience of its subpena, or any contemptuous or disorderly conduct committed in its presence, by fine not exceeding fifty dollars or imprisonment not exceeding fifteen days, or by both such fine [or] and imprisonment. The Mayor, Assistant Mayor [pro tempore] while acting in the stead of the mayor, and the City Clerk shall have power to administer oaths and affirmations relating to any business pertaining to the city before the Council or to be considered by it.
Sec. 19. Section 10.60 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 232, Statutes of Nevada 1959, at page 277, is hereby amended to read as follows:
Section 10.60. Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of [two-thirds] five-sevenths of all members elected to the city council. The cost and expenses of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, making the assessments, together with newspaper publications and cost of construction, and all incidental costs. In no case shall the amount of any special assessment upon any lot or premises for any one improvement exceed 100 percent of the value of such lot or premises as shown upon the latest tax list or assessment roll for state and county taxation. Any cost exceeding 100 percent of the value of such lot or premises, which would otherwise be chargeable upon the lot or premises, shall be paid from the general funds of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing work whenever they see fit, provided the contract shall not be made or awarded before the time herein stated.
Sec. 20. Section 10.100 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 185, Statutes of Nevada 1955, at page 272, is hereby amended to read as follows:
Section 10.100. The city council, among other things, shall have the power: When any special assessment roll shall be confirmed by the city council it shall be final and conclusive, except as hereinafter provided; but no such assessment shall be confirmed except by a [two-thirds] five-sevenths vote of all the members elected to the city council The city clerk and clerk of the city council shall thereupon deliver to the city comptroller, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof.
κ1961 Statutes of Nevada, Page 640 (CHAPTER 323, AB 334)κ
thereof. The city comptroller shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.
Sec. 21. Section 10.150 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, at page 422, is hereby amended to read as follows:
Section 10.150. The city council of the city of Reno is hereby authorized and empowered to correct or amend the said special assessment roll by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied and the changes in said roll shall be made by resolution, by a [two-thirds] five-sevenths vote of all the members elected to the city council, and the said resolution, or a copy thereof, certified by the clerk of the city council as being a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made.
Sec. 22. (This section deleted by amendment.)
Sec. 23. (This section deleted by amendment.)
Sec. 24. (This section deleted by amendment.)
Sec. 25. Section 7 of Article XIV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 103, Statutes of Nevada 1947, at page 399, is hereby amended to read as follows:
Section 7. In all cases in which the police judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence, or inability to act, any justice of the peace of said county, or any person who is a citizen of the State of Nevada and a qualified voter and resident of the city for not less than one year, on the written request of the [mayor,] city manager, may act in the place and stead of said police judge, and the council shall provide such additional compensation for such justice of the peace or other person so serving as the city council may deem proper.
Sec. 26. Section 1 of Article XVI of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 185, Statutes of Nevada 1955, at page 278, is hereby amended to read as follows:
Section 1. The fees, salaries or other compensation of officers or other persons shall be regulated by regularly enacted ordinances as to salaries and by resolution as to compensation for persons not regularly employed by the city.
κ1961 Statutes of Nevada, Page 641 (CHAPTER 323, AB 334)κ
employed by the city. All claims for fees, salaries and all expenses necessarily incurred in carrying on the legitimate purposes and duties of the city government and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the city council at the first regular meeting thereafter, and the city council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by a majority of all the members elected to the city council, the city clerk shall certify all such claims or portions allowed as the case may be after the same is signed by the [mayor] city manager to the city comptroller, who shall, if such claim is approved by him, draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him.
Sec. 27. Section 2 of Article XVI of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 71, Statutes of Nevada 1905, at page 135, is hereby amended to read as follows:
Section 2. The holder of any demand or claim mentioned in this charter which has been rejected in whole or in part, may within six months after the date of such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if not so commenced, such claim or amount so rejected together with the right of action thereon shall be forever barred and the council shall not have power to allow or pay the same in whole or in part at any time subsequently. The action shall be against the city and the service of summons shall be made upon the [mayor.] city manager. In case of final recovery of judgment by the plaintiff, the execution shall issue therefor, but the council must allow the amount of the same with costs taxed, which judgment with such costs shall be paid in the order as presented; provided, nothing herein shall be so construed as to make the city liable for any damages suffered or incurred by any person for or by reason of any neglect of the city or any of its officers.
Sec. 28. Section 1 of Article XVII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 287, Statutes of Nevada 1957, at page 395, is hereby amended to read as follows:
Section 1. A primary municipal election shall be held in the city on the first Tuesday after the first Monday in May, [1955,] 1963, and on the same day every 4 years thereafter, at which time there shall be nominated candidates for [mayor,] councilmen [as hereinbefore provided,] from the second and fourth wards and one councilman at large, city attorney, city clerk and police judge. There shall also be nominated at such election in 1963 candidates for councilman from the first, third and fifth wards and one councilman at large, to serve for terms of 2 years. On the first Tuesday after the first Monday in May 1965, and on the same day every 4 years thereafter, a primary council election shall be held, at which time there shall be nominated candidates for city councilman from the first, third and fifth wards and one councilman at large.
κ1961 Statutes of Nevada, Page 642 (CHAPTER 323, AB 334)κ
council election shall be held, at which time there shall be nominated candidates for city councilman from the first, third and fifth wards and one councilman at large.
A candidate for any office to be voted for at [the] a primary municipal or council election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of [$50 for filing an affidavit of candidacy for the office of mayor, or a filing fee of] $25 for filing an affidavit of candidacy. [for any other office.] All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
All candidates [, except candidates for councilmen,] shall be voted upon by the electors of the city at large. [Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter, and from which they file their candidacy.
If in the primary municipal election one candidate shall receive more than a majority of votes cast in that election for the office for which he is a candidate his name alone shall be placed on the ballot for the general municipal election. If in the primary municipal election no candidate shall receive a majority of votes cast in that election for the office for which he is a candidate then the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general city election.] The names of the two candidates for each office receiving the highest number of votes in the primary municipal or council election shall be placed on the ballot for the general municipal or council election.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June, [1955,] 1963, and on the same day every 4 years thereafter, at which time there shall be elected [one mayor,] councilmen [as hereinbefore provided,] from the second and fourth wards and one councilman at large, one city attorney, one city clerk and one police judge. There shall also be elected at such election in 1963 councilmen from the first, third and fifth wards and one councilman at large to serve for terms of 2 years. On the first Tuesday after the first Monday in June 1965, and on the same day every 4 years thereafter, a general council election shall be held, at which time there shall be elected councilmen from the first, third and fifth wards of the city and one councilman at large. All candidates [, except candidates for councilmen,] at the general municipal or council election shall be voted upon by the electors of the city at large. [Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter.]
All elections held under this charter shall be governed by the provisions of the elections laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.
κ1961 Statutes of Nevada, Page 643 (CHAPTER 323, AB 334)κ
and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.
[The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May, 1951, shall hold office until the first regular meeting of the council next succeeding that in which canvass of returns is made following the general municipal election to be held in June, 1955.]
Sec. 29. Section 3 of Article XVII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 185, Statutes of Nevada 1955, at page 280, is hereby amended to read as follows:
Section 3. The election returns from any city special, primary or general election, shall be filed with the city clerk, who shall immediately place the same in a safe or vault and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the [mayor] city manager and council. The [mayor] city manager and council shall meet within five days after any election and canvass the returns and declare the result. The election returns shall then be sealed up and kept by the city clerk for six months and no person shall have access thereto except on order of a court of competent jurisdiction, or by order of the council. The city clerk, under his hand and official seal, shall issue to each person declared to be elected, a certificate of election. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first regular meeting of the council next succeeding that in which canvass of returns was made as above provided.
Sec. 30. (This section deleted by amendment.)
Sec. 31. (This section deleted by amendment.)
Sec. 32. Section 3 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 103, Statutes of Nevada 1947, at page 400, and as renumbered by chapter 148, Statutes of Nevada 1949, at page 314, is hereby amended to read as follows:
Section 3. After rules and regulations have been adopted, as provided in section 2 of this article, they shall be amended or modified by the said commission only after the commission shall have caused a notice, containing the proposed amendment or modification and specifying a time certain when the commission will meet and hear objections to the adoption of such proposed amendment or modification to be given in writing to the [mayor] city manager and members of the city council and to the head of each department affected by such amendment or modification, and to be posted on the bulletin board or in a conspicuous place accessible to the employees in each department affected by such proposed amendment or modification not less than ten (10) days before the date of said meeting.
Sec. 33. Section 6 of Article XX of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 287, Statutes of Nevada 1957, at page 393, is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 644 (CHAPTER 323, AB 334)κ
Statutes of Nevada 1957, at page 393, is hereby amended to read as follows:
Section 6. The term of office of the chief of police, chief of the fire department, city engineer, superintendent of parks, superintendent of recreation, chief of the building and safety inspectors office, superintendent of the sanitation department, city comptroller, airport manager, chief license inspector, the employees at the Reno municipal airport, [and] traffic engineer, director of public works, director of public safety, director of personnel and finance, and director of parks, recreation and public properties shall be during the pleasure of the city manager. [, if there be one, or otherwise during the pleasure of the mayor and city council.]
Sec. 34. Article II of the above-entitled act, being chapter 102, Statutes of Nevada 1903, is hereby amended by adding thereto a new section to be designated section 2, which shall immediately follow section 1, and shall read as follows:
Section 2. The municipal government provided by this charter shall be known as the council-manager government. Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this charter, all powers of the city shall be vested in an elective council.
Sec. 35. Article XIII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, is hereby amended by adding thereto a new section to be designated section 3.1, which shall immediately follow section 3, and shall read as follows:
Section 3.1. The council shall appoint an officer of the city who shall have the title of city manager and shall have the powers and perform the duties provided in this charter. No councilman shall receive such appointment during the term for which he has been elected, nor within 1 year after the expiration of his term.
Sec. 36. At the general election in November 1962, the question whether or not the council-manager form of government shall be established in the City of Reno shall be placed on the ballot for all registered voters of the City of Reno.
Sec. 37. Article III of the above-entitled act, consisting of sections 1 to 6, inclusive, being chapter 102, Statutes of Nevada 1903, is hereby repealed.
Sec. 38. 1. Section 36 of this act shall become effective upon passage and approval.
2. If the council-manager form of government is not approved by the registered voters of the City of Reno at the general election in November 1962, no section of this act, except section 36, shall become effective.
3. If the council-manager form of government is approved by the voters at the general election in 1962, all sections of this act, except section 36, shall become effective on the date the results of such election are declared only for the purpose of dividing the City of Reno into five wards and conducting the primary and general municipal elections in May and June of 1963. On or before January 30, 1963, the incumbent councilmen of the City of Reno shall, by ordinance, after certification of the county clerk as provided in section 1 of this act, divide the city into five wards for the purpose of conducting such primary and general municipal elections.
κ1961 Statutes of Nevada, Page 645 (CHAPTER 323, AB 334)κ
the incumbent councilmen of the City of Reno shall, by ordinance, after certification of the county clerk as provided in section 1 of this act, divide the city into five wards for the purpose of conducting such primary and general municipal elections.
4. If the council-manager form of government is approved by the voters at the general election in 1962, all sections of this act, except section 36, shall become effective for all purposes, other than those specified in subsection 3, on the date the results of the general municipal election in 1963 are declared.
________
Assembly Bill No. 438Committee on Education
CHAPTER 324
AN ACT to amend NRS section 387.125, relating to the apportionment of the state distributive school fund, by increasing the annual amounts of money payable as state aid to school districts through apportionment of the state distributive school fund; to amend chapter 387 of NRS, relating to financial support of the public school system, by adding a new section providing for special apportionments to certain school districts; creating the emergency state distributive school fund and making an appropriation therefor; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.125 is hereby amended to read as follows:
387.125 1. The state board of education shall establish uniform rules to be used in calculating the average daily attendance of pupils and the actual number of certified employees to which each school district is entitled for apportionment purposes. For making the apportionments now or hereafter authorized and directed to be made under the provisions of this Title of NRS, average daily attendance shall mean the 6 months of highest average daily attendance for the current school year.
2. Immediately after the state controller shall have made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts and joint school districts in the following manner:
(a) The minimum yearly requirements of each school district shall be determined, which requirements shall be the sum of:
(1) [$4,000] $4,850 per certified employee.
(2) [$80] $96 per pupil.
(3) [$40] $50 per kindergarten pupil.
(4) One-half of the cost of transportation during the previous year computed in a manner prescribed by the state board of education. For the first year, one-half of the actual expenses during the preceding year shall be used, but if there was no actual expense for the prior year the budget estimate shall be used and adjustments made.
κ1961 Statutes of Nevada, Page 646 (CHAPTER 324, AB 438)κ
year shall be used, but if there was no actual expense for the prior year the budget estimate shall be used and adjustments made.
(5) $500 per handicapped child as defined in NRS 388.440.
(b) The availability of local funds shall be determined, which local funds shall be the sum of the proceeds of the 70-cent local tax levied in accordance with the provisions of NRS 387.195 or 387.250 and computed in paragraph (b) of this subsection, but no school district shall be the sum of:
(1) The proceeds of the 70-cent local tax, computed as provided in NRS 387.200 or 387.255; and
(2) That proportion of all moneys received by the school district under the provisions of Public Law 874, 81st Congress, approved September 30, 1950, as amended, during the previous year which the assessed valuation of taxable property per student in the school district bears to the average assessed valuation of taxable property per student in the state, as follows:
Percent Percent
90 to 100 of the state average per student assessed valuation................. 35
80 to 90 of the state average per student assessed valuation................... 30
70 to 80 of the state average per student assessed valuation................... 25
60 to 70 of the state average per student assessed valuation................... 20
50 to 60 of the state average per student assessed valuation................... 15
40 to 50 of the state average per student assessed valuation................... 10
30 to 40 of the state average per student assessed valuation................... 5
20 to 30 of the state average per student assessed valuation................... 0
(c) Apportionment computed on a yearly basis shall consist of the difference between the minimum yearly requirements as computed in paragraph (a) of this subsection and the local funds available as computed as provided in NRS 387.200 or 387.255, which local funds shall receive less than one-half of the minimum yearly requirements.
(d) Apportionments shall be paid quarterly at the times provided in NRS 387.120, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of certified employees and pupils and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear. A final adjustment shall be made in the August apportionment of the succeeding year by adding or subtracting the difference between the amount paid in the previous year and the amount computed on the actual average daily attendance of the highest 6 months of the previous year, so that for any school year the adjusted amount paid shall be equal to, but shall not exceed, the sum computed for the highest 6 months of average daily attendance.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
Sec. 2. Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1961 Statutes of Nevada, Page 647 (CHAPTER 324, AB 438)κ
1. Whenever the state board of education finds that any school district, actually employing 45 or less certified employees and for which there has been levied the maximum local tax of $1.50 for operating costs as authorized by law (and not including any special tax authorized by the provisions of NRS 387.290), and in which school district the county average ratio of assessed valuation of property to true valuation computed pursuant to the provisions of NRS 387.200 is equal to or greater than the state average, cannot meet its budget requirements, the state board of education is authorized to make special quarterly apportionments, not to exceed a sum equal to $250 multiplied by the number of certified employees actually employed by the school district, from the emergency state distributive school fund, payable at the same time as regular apportionments are paid from the state distributive school fund. The state board of education is authorized to make regulations necessary to carry out the provisions of this subsection.
2. There is hereby created in the state treasury the emergency state distributive school fund. Moneys for the emergency state distributive school fund shall be provided by legislative appropriation from the general fund.
Sec. 3. There is hereby appropriated from the general fund in the state treasury to the emergency state distributive school fund the sum of $100,000.
________
Assembly Bill No. 441Joint Committee on Livestock and Agriculture and Irrigation
CHAPTER 325
AN ACT to amend chapter 590 of NRS, relating to petroleum products and antifreeze, by adding a new section providing standards for testing of petroleum products; to amend NRS sections 590.020, 590.040, 590.060 to 590.100, inclusive, 590.400 and 590.450, which define terms used in such chapter and relate to labeling and specifications of such products, adulterated products, powers and duties of the state sealer of weights and measures, enforcement and penalties, by defining petroleum products; by changing the dimensions of signs and labels; providing for labeling of containers with a net content of 1 gallon or less; exempting small hand measures from the requirement of labeling; by providing new standards for testing products; by reducing the permissible sulphur content of gasoline; by changing the times at which samples of antifreeze may be taken for analysis; by providing for payment for such samples upon demand; by deleting a specific misdemeanor penalty; and by providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 590 of NRS is hereby amended by adding thereto a new section which shall read as follows:
For the purpose of testing petroleum products as provided in NRS 590.010 to 590.150, inclusive, the ASTM-IP Petroleum Measurement Tables, American Edition, shall be used for specific gravity, volume and temperature correction of 60° F.
κ1961 Statutes of Nevada, Page 648 (CHAPTER 325, AB 441)κ
590.010 to 590.150, inclusive, the ASTM-IP Petroleum Measurement Tables, American Edition, shall be used for specific gravity, volume and temperature correction of 60° F.
Sec. 2. NRS 590.020 is hereby amended to read as follows:
590.020 1. When used in NRS 590.010 to 590.150, inclusive, unless the context otherwise requires:
(a) Advertising medium means any sign, printed or written matter, or device for oral or visual communication.
(b) Person means any firm, association or corporation, as well as a natural person.
(c) Petroleum [products, gasoline, distillate, lubricating oil, and motor oil mean those products used solely for internal combustion engines.] products means gasoline, distillate, kerosene, motor fuel, lubricating oil and motor oil, but does not include liquefied petroleum gas.
2. The singular includes the plural, the plural the singular, and the masculine the feminine, when consistent with the intent of NRS 590.010 to 590.150, inclusive.
Sec. 3. NRS 590.040 is hereby amended to read as follows:
590.040 1. It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale or assist in the sale of or permit to be sold or offered for sale any gasoline, distillate or oil represented as lubricating oil for internal combustion engines, unless there shall be firmly attached to or painted at or as near as practicable to the point of outlet of the container from which or into which the gasoline, distillate, or oil represented as lubricating oil or motor oil for internal combustion engines is drawn or poured out for sale or delivery a sign or label consisting of the word or words, in letters not less than one-half inch in height, comprising the brand or trade name of the petroleum product followed by the word or words, in letters not less than one-half inch in height, Gasoline, Distillate, Lubricating Oil or Motor Oil, as the case may be. All containers and dispensers of lubricating and motor oil shall also be labeled in the same manner with the S.A.E. grade classification number. If a lubricating or motor oil has more than one S.A.E. grade classification number, each S.A.E. grade classification number shall be included in the label. When such sign or label is attached to the faucet or valve of a tank truck or tank wagon, the letters shall be not less than [three-fourths of] one-half an inch in height.
2. The inlet end of the fill pipe to each underground storage tank of gasoline or distillate shall be labeled with the brand name and the grade of the gasoline or distillate contained therein.
3. Petroleum product delivery outlets on tank delivery trucks shall be labeled to comply with the requirements of this section prior to departure from the bulk plants.
4. If any gasoline shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Gasoline, No Brand.
5. If any distillate shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Distillate, No Brand.
κ1961 Statutes of Nevada, Page 649 (CHAPTER 325, AB 441)κ
label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Distillate, No Brand.
6. If any lubricating oil or motor oil shall have no brand or trade name, the sign or label required by subsection 1 shall consist of the words, in letters not less than 3 inches high, Lubricating Oil, No Brand, or Motor Oil, No Brand.
7. On any container with a net content of 1 United States gallon or less, the letters S.A.E., the brand, trade-mark or trade name, the grade classification number, and the words Motor Oil or Lubricating Oil may be painted, printed, embossed or otherwise firmly affixed on such container in letters and numerals not less than one-sixteenth inch in width and not less than one-fourth inch in height, and such designation shall constitute compliance with the provisions of this section.
8. Small hand measures used for delivery of petroleum products, and filled in the presence of the customer, need not be labeled in accordance with the provisions of NRS 590.010 to 590.150, inclusive, if the receptacle, container or pump from which petroleum products are drawn or poured into such hand measures in properly labeled as required by the provisions of NRS 590.010 to 590.150, inclusive.
Sec. 4. NRS 590.060 is hereby amended to read as follows:
590.060 1. It is unlawful for any person, or any officer, agent or employee thereof, to [mix or] adulterate any [gasoline, distillate or lubricating oil,] petroleum products, and to sell, attempt to sell, offer for sale or assist in the sale of any of the products resulting from the [mixture or] adulteration, and to represent such product as the [gasoline, distillate or lubricating oil] petroleum product of a brand or trade name in general use by any other marketer or producer of [gasoline, distillate or lubricating oil.] petroleum products.
2. Whenever the description of any petroleum product is displayed on any tank, receptacle, or other delivery device used for sale to the public, the kind, character and name of the petroleum product dispensed therefrom must correspond to the representations thereon.
3. It is unlawful for any person, or any officer, agent or employee thereof, to deposit or delivery into any tank, receptacle or other container any gasoline, distillate or lubricating oil other than the gasoline, distillate or lubricating oil intended to be stored in such tank, receptacle or container and distributed therefrom, as indicated by the name of the producer, manufacturer or distributor or the trade name of the product displayed on the container itself, or on the pump or other distributing device used in connection therewith; but this section shall not apply to any person who sells or offers for sale under his or its own name or brand the product or output of another manufacturer or producer, with the consent of such manufacturer or producer.
4. Except as provided in NRS 590.010 to 590.150, inclusive, if any lubricating or motor oil sold, or offered for sale or delivery, has been previously used for the lubrication of internal combustion engines or any gearing or shafting attached or connected thereto, or for any other lubricating purposes, or has been rerun or filtered, redistilled or reclaimed, the container shall bear a superimposed sign or label containing the clearly legible words Reclaimed Motor Oil or Lubricating Oil, Reclaimed.
κ1961 Statutes of Nevada, Page 650 (CHAPTER 325, AB 441)κ
or reclaimed, the container shall bear a superimposed sign or label containing the clearly legible words Reclaimed Motor Oil or Lubricating Oil, Reclaimed.
Sec. 5. NRS 590.070 is hereby amended to read as follows:
590.070 It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline, unless the same shall conform to the following specifications:
1. It shall be free from water and suspended matter.
2. A clean copper strip shall not show more than extremely slight discoloration when submerged in the gasoline for 3 hours, at 122° F., the test being conducted in accordance with the [American Society for Testing Materials, standard D130-30, as published in American Society for Testing Materials Standards, 1930.] testing procedures approved by the state sealer of weights and measures.
3. It shall distill, within the following limits, when tested in accordance with the [latest revision of the American Society for Testing Materials, standard D86-46, standard method of test for gasoline, naphtha, kerosene, and similar petroleum products, as published in American Society for Testing Materials Standards,] testing procedures approved by the state sealer of weights and measures, using the low distillation thermometer:
(a) When the thermometer reads 167° F., not less than 10 percent shall be evaporated.
(b) When the thermometer reads 284° F., not less than 50 percent shall be evaporated.
(c) When the thermometer reads 392° F., not less than 90 percent shall be evaporated.
(d) The end point shall not be higher than 437° F.
(e) At least 95 percent shall be recovered as distillate in the receiver from the distillation.
(f) The distillation residue shall not exceed 2 percent.
4. The sulfur content shall not exceed [0.35] 0.25 percent.
Sec. 6. NRS 590.080 is hereby amended to read as follows:
590.080 Crankcase drainings, lube-distillate, or any other petroleum product shall not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in an internal combustion engine unless such product conforms to the following specifications:
1. It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the [American Society for Testing Materials, standards designation D96-40, as published in American Society for Testing Materials Standards, 1940.] testing procedures approved by the state sealer of weights and measures.
2. The flash points for the various S.A.E. (Society of Automotive Engineers) classifications shall not be less than the following when tested by the Cleveland Open Cup Method in accordance with the [American Society for Testing Materials Standards, 1940.]
κ1961 Statutes of Nevada, Page 651 (CHAPTER 325, AB 441)κ
[American Society for Testing Materials Standards, 1940.] testing procedures approved by the state sealer of weights and measures.
Minimum Flash Degrees
S.A.E. Number Fahrenheit
5W............................................................................................................. 305
[10 and] 10W............................................................................................ 335
20 and 20W.............................................................................................. 345
30............................................................................................................... 355
40............................................................................................................... 375
50............................................................................................................... 400
[60.............................................................................................................. 435
70............................................................................................................... 470]
Sec. 7. NRS 590.090 is hereby amended to read as follows:
590.090 [1.] It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale any petroleum or petroleum product to be used for heating purposes, unless the same shall conform to Pacific specifications for the particular grade represented, except that the minimum flash point for grade P.S. 200 shall be 130° F.
[2. For the purpose of NRS 590.010 to 590.150, inclusive, the United States standard tables for petroleum oil (Bureau of Standards Circular No. 154) shall be used for temperature correction to 60° F.]
Sec. 8. NRS 590.100 is hereby amended to read as follows:
590.100 The state sealer of weights and measures is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and shall have the following powers and duties:
1. He may publish reports relative to petroleum products in such form and at such times as he may deem necessary.
2. He, or his appointees, shall inspect and check the accuracy of all petroleum products measuring devices maintained in this state, and shall seal all such devices whose tolerances are found to be within those prescribed by the National Bureau of Standards.
3. He, or his appointees, or any member of the Nevada highway patrol, may take such sample or samples as he may deem necessary of any petroleum product when the same is kept, transported or stored within the State of Nevada. It is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the state sealer of weights and measures, or his appointees, or any member of the Nevada highway patrol, in the State of Nevada, to take such sample or samples, or to prevent or to attempt to prevent the state sealer of weights and measures, or his appointees, or any member of the Nevada highway patrol, from taking the same. If the person, or any officer, agent or employee thereof, from which such sample is taken at the time of taking demands payment, then the person taking such sample shall pay therefor the reasonable market price for the quantity and commodity so taken.
4. He, or his appointees, may close and seal the outlets of any unlabeled or mislabeled containers, pumps or storage tanks connected thereto or which contain any petroleum product which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a conspicuous place on the premises where such containers, pumps or storage tanks have been sealed, a notice stating that such action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.
κ1961 Statutes of Nevada, Page 652 (CHAPTER 325, AB 441)κ
any unlabeled or mislabeled containers, pumps or storage tanks connected thereto or which contain any petroleum product which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a conspicuous place on the premises where such containers, pumps or storage tanks have been sealed, a notice stating that such action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.
5. He, or his appointees, shall, upon at least 24 hours notice to the owner, manager, operator or attendant of the premises where such container, pump or storage tank has been sealed as herein provided, and at the time specified by such notice, break the seal for the purpose of permitting the removal of the contents of such container, pump or storage tank. If the contents are not immediately and completely removed, the container, pump or storage tank shall be again sealed as herein provided.
6. He shall adopt, by rules and regulations, the standard procedures for testing petroleum products as provided in NRS 590.010 to 590.150, inclusive, from such sources as those approved by the American Society for Testing Materials.
Sec. 9. NRS 590.400 is hereby amended to reads as follows:
590.400 1. The state sealer of weights and measures shall enforce the provisions of NRS 590.340 to 590.450, inclusive, by inspections, chemical analyses or any other appropriate methods. All samples for inspection or analysis shall be taken from stocks in the state or intended for sale in this state, or the state sealer of weights and measures, through his agents, may call upon the manufacturer or distributor applying for an inspection of an antifreeze to supply such samples thereof for analysis.
2. The state sealer of weights and measures, through his agents, shall have free access [by legal means during business hours] at all reasonable times to all places of business, buildings, vehicles, cars and vessels used in the manufacture, transportation, sale or storage of any antifreeze, and he may open [by legal means] any box, carton, parcel or package containing or supposed to contain any antifreeze and may take therefrom samples for analysis. If the person, or any officer, agent or employee thereof, from which such sample is taken, at the time of taking demands payment, the person taking such sample shall pay the reasonable market price therefor.
Sec. 10. NRS 590.450 is hereby amended to read as follows:
590.450 If any person, partnership, corporation or association shall violate the provisions of NRS 590.340 to 590.440, inclusive, such person, partnership, corporation or association 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 for each offense.]
________
κ1961 Statutes of Nevada, Page 653κ
Assembly Bill No. 455Washoe County Delegation
CHAPTER 326
AN ACT to amend NRS section 218.080, relating to Washoe County assembly districts, by redefining such districts and reapportioning the assemblymen therein.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.080 is hereby amended to read as follows:
218.080 1. Washoe County is divided into three assembly districts as follows:
[(a) All that portion of Washoe County lying north of Reo township, as presently constituted, and including Wadsworth township, as presently constituted, shall be known as assembly district No. 1, with one assemblyman to be elected at large therein.
(b) Sparks township, as presently constituted, shall be known as assembly district No. 2, with two assemblymen to be elected at large therein.
(c) All that portion of Washoe County knows as Reno and Verdi townships, as presently constituted, shall be known as assembly district No. 3, with seven assemblymen to be elected at large therein.]
(a) All that portion of Washoe County not contained in Roop assembly district and Sparks assembly district as described in paragraphs (b) and (c) of this subsection shall be known as Reno assembly district with six assemblymen to be elected at large therein.
(b) All that portion of Washoe County north of the township line common to Townships 21 and 22 North, M.D.B.&M., all that portion of Washoe County east of the range line common to Ranges 21 and 22 East, and all that portion of Washoe County west of the range line common to Ranges 18 and 19 East and north of the township line common to Townships 17 and 18 North shall be known as Roop assembly district with one assemblyman to be elected at large therein.
(c) All that portion of Washoe County contained within the limits hereinafter set forth shall be known as Sparks assembly district with two assemblymen to be elected at large therein:
Beginning at the intersection of the township line common to Townships 21 and 22 North and the range line common to Ranges 19 and 20 East; thence southerly along the range line common to Ranges 19 and 20 East to a point 914.10 feet north of the southwest corner of Section 6, Township 19 North, Range 20 East, on the west line of such section; thence North 63° 48' 05" East a distance of 660 feet; thence South 83° 27′ 29ʺ East a distance of 729.30 feet; thence South 78° 15′ East to a point on the east line of the SW 1/4 of Section 6; thence southerly along the east line of the SW 1/4 of Section 6 and continuing southerly along the east line of the NW 1/4 of Section 7, Township 19 North, Range 20 East to the southeast corner of the NW 1/4 of Section 7; thence easterly along the south line of the NE 1/4 of Section 7 to its intersection with the Truckee River; thence in an easterly direction employing the Truckee River as a boundary line to the intersection of the range line common to Ranges 21 and 22 East with the Truckee River; thence northerly along the range line common to Ranges 21 and 22 East to the intersection of the range line common to Ranges 21 and 22 East and the township line common to Townships 21 and 22 North; thence westerly along the township line common to Townships 21 and 22 North to the point of beginning.
κ1961 Statutes of Nevada, Page 654 (CHAPTER 326, AB 455)κ
employing the Truckee River as a boundary line to the intersection of the range line common to Ranges 21 and 22 East with the Truckee River; thence northerly along the range line common to Ranges 21 and 22 East to the intersection of the range line common to Ranges 21 and 22 East and the township line common to Townships 21 and 22 North; thence westerly along the township line common to Townships 21 and 22 North to the point of beginning.
2. Assemblymen shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.
3. The [board of county commissioners] county clerk of Washoe County shall, prior to all elections and as provided by law, establish the election precincts within the county in such manner that each election precinct for all elections at which any assemblymen are to be elected, or nominated for election, shall be wholly within some one of the assembly districts. The establishment of an election precinct for any such election which lies partly in two or more assembly districts shall be [wholly null and] void.
Sec. 2. This act shall become effective on January 1, 1962, only for the purpose of electing members of the assembly at the general election in 1962. For all other purposes, this act shall become effective on the day next after the election of members of the assembly at the general election in 1962.
________
Assembly Bill No. 450Committee on Ways and Means
CHAPTER 327
AN ACT increasing the salaries of certain appointive state officers; to amend NRS sections 209.110, 213.1094, 223.100, 231.080, 331.030, 341.100, 353.170, 360.120, 382.020, 385.170, 414.040, 417.060, 423.060, 472.025, 607.030, 658.040, 680.060 and 703.080, relating to the salaries of the warden of the Nevada state prison, the chief parole and probation officer, the executive assistant to the governor, the director of the department of economic development, the superintendent of the state department of buildings and grounds, the manager and technical supervisor of the state planning board, the director of the budget, the secretary of the Nevada tax commission, the executive secretary of the Nevada historical society, the superintendent of public instruction, the director of civil defense, the superintendent of the Nevada state childrens home, the veterans service commissioner and deputy commissioner, the state forester firewarden, the labor commissioner, the superintendent of banks, the commissioner of insurance and the public service commissioners, by increasing such salaries commencing July 1, 1961, and, in some cases, further increasing such salaries commencing July 1, 1962.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.110 is hereby amended to read as follows:
209.110 [The warden shall receive an annual salary of $9,240, with mileage and expense allowances as provided by law when engaged in the discharge of his official duties.
κ1961 Statutes of Nevada, Page 655 (CHAPTER 327, AB 450)κ
the discharge of his official duties. His salary shall be payable in semimonthly installments in the same manner as other state officers are paid.] 1. The warden shall:
(a) Until July 1, 1962, receive an annual salary of $9,660.
(b) From and after July 1, 1962, receive an annual salary of $10,080.
2. The wardens salary shall be payable in semimonthly installments in the same manner as other state officers are paid.
3. The warden shall receive the per diem expenses and travel allowances as provided by law when engaged in the discharge of his official duties.
Sec. 2. NRS 223.100 is hereby amended to read as follows:
223.100 [The executive assistant to the governor shall receive an annual salary of $10,500, which shall be paid out of funds appropriated to the office of the governor by the legislature from the general fund. Such compensation shall be in full payment for all services rendered to the state.] 1. The executive assistant to the governor shall receive:
(a) Until July 1, 1962, an annual salary of $10,500.
(b) From and after July 1, 1962, an annual salary of $11,000.
2. The salary of the executive assistant to the governor shall be paid out of funds appropriated to the office of the governor by the legislature from the general fund, and such salary shall be in full payment for all services rendered to the state.
Sec. 3. NRS 231.080 is hereby amended to read as follows:
231.080 1. The director of the department shall be appointed by and be responsible to the governor. The person appointed as director shall have had successful experience in the administration and promotion of a program comparable to that provided in this chapter. The director shall be in the unclassified service as provided by the provisions of chapter 284 of NRS.
2. The director shall receive: [an annual salary of $9,000. He shall receive the per diem expense allowance and travel expenses as fixed by law.]
(a) Until July 1, 1962, an annual salary of $9,450.
(b) From and after July 1, 1962, an annual salary of $9,900.
(c) The per diem expense allowance and travel expenses as fixed by law.
3. He shall devote his entire time to the duties of his office, and he shall follow no other gainful employment or occupation.
Sec. 4. NRS 331.030 is hereby amended to read as follows:
331.030 1. The superintendent shall be appointed by and be responsible to the governor. He shall hold office for a term of 4 years corresponding to the term of the governor, unless sooner removed for cause.
2. He shall receive an annual salary of [$8,580.] $9,360.
3. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
Sec. 5. NRS 341.100 is hereby amended to read as follows:
341.100 1. The board may appoint a manager and technical supervisor, and such other technical and clerical assistants as may be necessary to carry into effect the purposes of its acts.
κ1961 Statutes of Nevada, Page 656 (CHAPTER 327, AB 450)κ
2. The manager and technical supervisor of the board shall receive:
(a) Until July 1, 1962, an annual salary of not more than $12,600 as determined by the board.
(b) From and after July 1, 1962, an annual salary of not more than $13,225 as determined by the board.
Sec. 6. NRS 353.170 is hereby amended to read as follows:
353.170 The director of the budget shall receive: [an annual salary of $10,500, together with the per diem and travel expenses as fixed by law.]
1. Until July 1, 1962, an annual salary of $11,025.
2. From and after July 1, 1962, an annual salary of $11,550.
3. The per diem and travel expenses as fixed by law.
Sec. 7. NRS 360.120 is hereby amended to read as follows:
360.120 1. A chief clerk and statistician shall be employed by the Nevada tax commission. He shall be the secretary of the Nevada tax commission and shall be in charge of the office of the commission.
2. For his services, the secretary of the Nevada tax commission shall receive: [an annual salary of $11,025, payable in the same manner as other state salaries are paid.]
(a) Until July 1, 1962, an annual salary of $11,550, payable in the same manner as other state salaries are paid.
(b) From and after July 1, 1962, an annual salary of $12,075, payable in the same manner as other state salaries are paid.
Sec. 8. NRS 382.020 is hereby amended to read as follows:
382.020 1. The office of executive secretary of the Nevada historical society is hereby created.
2. The executive secretary of the Nevada historical society shall receive: [an annual salary of $6,600.]
(a) Until July 1, 1962, an annual salary of $6,930.
(b) From and after July 1, 1962, an annual salary of $7,260.
Sec. 9. NRS 385.170 is hereby amended to read as follows:
385.170 The state board of education shall fix the annual salary of the superintendent of public instruction, which salary:
1. [From July 1, 1960, to June 30, 1961, shall not exceed $12,075.] Until July 1, 1962, shall not exceed $12,650.
2. [On and after July 1, 1961, shall not exceed $13,800.] From and after July 1, 1962, shall not exceed $13,225.
Sec. 10. NRS 213.1094 is hereby amended to read as follows:
213.1094 1. The chief parole and probation officer shall receive an annual salary of [$9,000.] $9,360.
2. Assistant parole and probation officers and employees of the board (except as provided in subsection 3 of NRS 284.140) shall be in the classified service of the state and shall receive such salaries as are fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
3. The chief parole and probation officer, assistant parole and probation officers and employees of the board shall receive the per diem expense allowances and travel expenses as fixed by law.
κ1961 Statutes of Nevada, Page 657 (CHAPTER 327, AB 450)κ
4. The compensation, salaries and expenses of the chief parole and probation officer, assistant parole and probation officers and employees of the board shall be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
Sec. 11. NRS 417.060 is hereby amended to read as follows:
417.060 1. The commissioner shall receive: [an annual salary of $6,780.]
(a) Until July 1, 1962, an annual salary of $7,200.
(b) From and after July 1, 1962, an annual salary of $7,500.
2. The deputy commissioner shall receive: [an annual salary of $6,600.]
(a) Until July 1, 1962, an annual salary of $7,200.
(b) From and after July 1, 1962, an annual salary of $7,500.
Sec. 12. NRS 472.025 is hereby amended to read as follows:
472.025 The state forester firewarden shall:
1. Be in the unclassified service of the state.
2. Receive an annual salary of [$9,360.] $9,660.
Sec. 13. NRS 607.030 is hereby amended to read as follows:
607.030 1. The labor commissioner shall receive an annual salary of [$8,580,] $8,940, payable in the manner provided in NRS 281.120.
2. The labor commissioner shall be allowed the per diem expense allowance and travel expenses as provided by law.
Sec. 14. NRS 658.040 is hereby amended to read as follows:
658.040 The superintendent of banks shall receive an annual salary of [$10,460,] $10,940, payable in equal semimonthly installments as other state officers are paid. Such salary shall be in full for all services rendered by him in connection with banks and banking in any capacity whatsoever under this Title or otherwise.
Sec. 15. NRS 680.060 is hereby amended to read as follows:
680.060 1. The commissioner shall receive an annual salary of [$10,460.] $10,940.
2. He shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 16. NRS 703.080 is hereby amended to read as follows:
703.080 1. The chairman of the commission shall receive an annual salary of $12,075.
2. The other commissioners shall each receive annual salaries of [$10,500.] $11,000.
Sec. 17. NRS 414.040 is hereby amended to read as follows:
414.040 1. There is hereby created within the executive branch of the state government a department of civil defense, hereinafter called the civil defense agency, and a director of civil defense, hereinafter called the director, who shall be the head thereof. The director shall be appointed by and hold office at the pleasure of the governor. [and] The director shall be compensated: [at the rate of $7,200 per annum.]
(a) Until July 1, 1962, at the rate of $8,190 per annum.
(b) From and after July 1, 1962, at the rate of $8,580 per annum.
κ1961 Statutes of Nevada, Page 658 (CHAPTER 327, AB 450)κ
2. The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this chapter.
3. The director, subject to the direction and control of the governor, shall be the executive head of the civil defense agency and shall be responsible to the governor for carrying out the program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state, and shall maintain liaison with and cooperate with civil defense agencies and organizations of other states and for the Federal Government, and shall have such additional authority, duties, and responsibilities authorized by this chapter as may be prescribed by the governor.
Sec. 18. NRS 423.060 is hereby amended to read as follows:
423.060 The superintendent of the Nevada state childrens home shall receive: [an annual salary of $7,560.]
1. Until July 1, 1962, an annual salary of $7,920.
2. From and after July 1, 1962, an annual salary of $8,280.
________
Assembly Bill No. 119Messrs. Swanson, McKissick, Bissett and Parraguirre
CHAPTER 328
AN ACT to amend NRS sections 3.030 and 3.040, relating to district judges salaries, and the duties and salaries of district judges as circuit judges, by deleting obsolete provisions and increasing the salaries of district judges effective January 1963.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.030 is hereby amended to read as follows:
3.030 1. [Until the end of the existing term for which the respective judges of the district courts have been elected, the annual salaries of the district judges provided for in NRS 3.010 shall be:
First judicial district....................................................................................... $9,000
Second judicial district.................................................................................. 7,200
Third judicial district...................................................................................... 7,200
Fourth judicial district................................................................................... 9,000
Fifth judicial district....................................................................................... 8,400
Sixth judicial district....................................................................................... 9,000
Seventh judicial district................................................................................. 9,000
Eighth judicial district.................................................................................... 10,000
From and after] Until the 1st Monday in January [1959,] 1963, the annual salary of each district judge provided for in NRS 3.010 shall be $15,000. From and after the 1st Monday in January 1963, the annual salary of each district judge provided for in NRS 3.010 shall be $17,500.
κ1961 Statutes of Nevada, Page 659 (CHAPTER 328, AB 119)κ
the annual salary of each district judge provided for in NRS 3.010 shall be $17,500.
2. All of the salaries shall be paid in monthly installments out of the district judges salary fund, which is hereby created in the state treasury and which shall be supplied in the following manner:
(a) From the moneys provided by direct legislative appropriation from the general fund, the state treasurer and state controller shall remit quarterly to the respective county treasurers a sum of money equal to such countys proportionate share of the money necessary to pay the judge or judges of its district their respective salaries for such quarter. Each countys proportionate share shall be based upon the number of counties within the judicial district of which such county is a part.
(b) Immediately upon receipt of the moneys provided for in paragraph (a) of this subsection, the respective county treasurers shall remit the same to the state treasurer and the state controller for deposit in the district judges salary fund.
3. No salary of any district judge shall be paid in advance.
Sec. 2. NRS 3.040 is hereby amended to read as follows:
3.040 1. The district judges provided for in NRS 3.010 shall also serve as ex officio circuit judges, and in that capacity shall perform such judicial duties as may be designated by the chief justice of the supreme court as hereinafter provided.
2. The chief justice of the supreme court shall seek to expedite judicial business and to equalize the work of the district judges, and shall provide for the assignment of any district judge to another district court to assist a court or judge whose calendar is congested, to act for a district judge who is disqualified or unable to act, or to sit and hold court where a vacancy in the office of district judge has occurred.
[3. From July 1, 1955, until the 1st Monday in January 1959, the district judges of the state, for their services as ex officio circuit judges, shall receive the following annual salaries:
First judicial district....................................................................................... $6,000
Second judicial district.................................................................................. 7,800
Third judicial district...................................................................................... 7,800
Fourth judicial district................................................................................... 6,000
Fifth judicial district....................................................................................... 6,600
Sixth judicial district....................................................................................... 6,000
Seventh judicial district................................................................................. 6,000
Eighth judicial district.................................................................................... 5,000
4. Money to pay the salaries of the district judges for their services as ex officio circuit judges shall be provided by direct legislative appropriation from the general fund and shall be deposited in the district judges salary fund. Such salaries shall be paid in the same manner as salaries are paid for services as district judges. After the 1st Monday in January 1959, the district judges shall receive no salaries for their services as ex officio circuit judges.]
________
κ1961 Statutes of Nevada, Page 660κ
Assembly Bill No. 200Mr. Bissett
CHAPTER 329
AN ACT to amend NRS sections 463.020, 463.027, 463.028, 463.100, 463.160 and 463.330, relating to definitions in the Nevada Gaming Control Act, organization of the Nevada gaming commission, branch offices of the commission and of the state gaming control board, and costs of administration, by redefining slot machine and prohibiting the furnishing of such machines and other gaming devices without a license; by changing the title of the administrative secretary and allowing the commission to fix his salary; by requiring the superintendent of the state department of buildings and grounds to provide office space for the commission and board; by requiring that the commission and board comply with certain provisions of the state budget act; and by providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.020 is hereby amended to read as follows:
463.020 1. As used in this chapter, unless the context otherwise requires:
(a) Applicant means any person who has applied for or is about to apply for a state gaming license under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS.
(b) Application means a request for the issuance of a state gaming license under the provisions of this chapter or a pari-mutuel wagering license under the provisions of chapter 464 of NRS.
(c) Board means the state gaming control board as established by this chapter.
(d) Certificate or certificate of eligibility means a certificate of eligibility for a state gaming or pari-mutuel wagering licensed, as provided for in this chapter or chapter 464 of NRS.
(e) Chairman means the chairman of the state gaming control board or the chairman of the Nevada gaming commission.
(f) City means any incorporated or unincorporated city or town.
(g) Commission means the Nevada gaming commission.
(h) Commissioners means a member of the Nevada gaming commission.
(i) Establishment means any premises wherein or whereon any gaming is done.
(j) Game or gambling game means any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-half, big injun, klondyke, craps, stud poker, draw poker or slot machine, but shall not include social games played solely for drinks, or cigars or cigarettes served individually [,] or games played in private homes or residences for prizes.
κ1961 Statutes of Nevada, Page 661 (CHAPTER 329, AB 200)κ
or residences for prizes. [or coin machines operated solely for cigars, cigarettes, drinks or golf balls.]
(k) Gaming or gambling means to deal, operate, carry on, conduct, maintain or expose for play any game as herein defined.
(l) Gaming device means any mechanical contrivance or machine used in connection with gaming or any game.
(m) Gross revenue means the total of all sums received as winnings less only the total of all sums paid out as losses by a licensee under a state gaming license during a calendar quarter.
(n) Hearing examiner means a member of the state gaming control board or Nevada gaming commission or other person authorized by the state gaming control board or Nevada gaming commission to conduct investigative hearings.
(o) License or gaming license means any license issued by the state or any political subdivision thereof pursuant to this chapter or chapter 464 of NRS which authorizes the person named therein to engage in gaming or pari-mutuel wagering.
(p) Licensee means any person to whom a valid gaming or pari-mutuel wagering license has been issued.
(q) License fees means any moneys required by law to be paid to obtain or renew a gaming or pari-mutuel wagering license.
(r) Member or board member or commission member means a member of the state gaming control board or a member of the Nevada gaming commission.
(s) Operation means the conduct of gaming.
(t) Party means the state gaming control board and any licensee or other person appearing of record in any proceeding before the commission; or the Nevada gaming commission and any licensee or other person appearing of record in any proceeding for judicial review of any action, decision or order of the commission.
(u) Person means any corporation or association as well as a natural person.
(v) Quarter or calendar quarter means a period of 3 consecutive months commencing on the 1st day of January, April, July or October in any year.
(w) Respondent means any licensee or other person against whom the board has filed a complaint with the commission.
(x) Slot machine means any mechanical, electrical or other device, contrivance or machine [played for money or for checks or tokens redeemable in money or property.] which, upon insertion of a coin, token or similar object therein, or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash, premiums, merchandise, tokens or any thing of value whatsoever, whether the payoff is made automatically from the machine or in any other manner whatsoever.
κ1961 Statutes of Nevada, Page 662 (CHAPTER 329, AB 200)κ
2. In construing the provisions of this chapter, save when otherwise plainly declared or clearly apparent from the context:
(a) Words in the present tense shall include the future tense.
(b) Words in the masculine shall include the feminine and neuter genders.
(c) Words in the singular shall include the plural, and in the plural shall include the singular.
Sec. 2. NRS 463.027 is hereby amended to read as follows:
463.027 1. The commission may:
(a) Establish, and from time to time alter, such plan of organization as it may deem expedient.
(b) Employ and discharge an [administrative] executive secretary, who shall receive an annual salary [of $10,000 and] not to exceed $12,000, the amount to be set by the commission, and who shall perform such duties as the commission may require, and such other personnel as it may deem necessary.
(c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(d) Incur such other expenses, within the limit of funds available to it as it may deem necessary.
2. Except as otherwise provided in this chapter, all costs of administration incurred by the commission shall be paid out on claims from the general fund in the state treasury in the same manner as other claims against the state are paid.
3. The commission shall classify its employees as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the commission, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto.
Sec. 3. NRS 463.028 is hereby amended to read as follows:
463.028 1. The commission shall keep its main office at Carson City, Nevada, in conjunction with the board in rooms provided by the superintendent of the state department of buildings and grounds.
2. The commission may, in its discretion, maintain a branch office in Las Vegas, Nevada, [in space to be provided in the state office building] or at any other place in this state [.] , in space to be provided by the superintendent of the state department of buildings and grounds.
Sec. 4. NRS 463.100 is hereby amended to read as follows:
463.100 1. The board shall keep its main office at Carson City, Nevada, in conjunction with the commission in rooms provided by the superintendent of the state department of buildings and grounds.
2. The board may, in its discretion, maintain a branch office in Las Vegas, Nevada, [in space to be provided in the state office building,] or at any other place in this state [.] , in space to be provided by the superintendent of the state department of buildings and grounds.
Sec. 5. NRS 463.160 is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 663 (CHAPTER 329, AB 200)κ
463.160 1. It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:
(a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any game or slot machine as defined in this chapter, or to operate, carry on, conduct or maintain any horse-race book or sports pool; or
(b) To provide or maintain any information service the primary purpose of which is to aid the placing or making of wagers on events of any kind; or
(c) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running, carrying on or permitting the same to be carried on,
without having first procured, and thereafter maintaining in full force and effect, all federal, state, county and municipal gaming licenses as required by statute or ordinance or by the governing board of any unincorporated city or town.
2. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish any equipment of any gambling game, including any slot machine, for any interest or any percentage or share of the money or property played, under guise of any agreement whatever, without having first procured a state gaming license for the same.
3. It is unlawful for any person to lend, let, lease or otherwise deliver or furnish, except by a bona fide sale, any slot machine under guise of any agreement whatever whereby any consideration whatever is paid or is payable for the right to possess or use such slot machine, whether such consideration is measured by a percentage of the revenue derived from such machine or by a fixed fee or otherwise, without having first procured a state gaming license for the same.
4. Any person who shall knowingly permit any gambling game, slot machine or device to be conducted, operated, dealt or carried on in any house or building or other premises owned by him, in whole or in part, except by a person who is licensed hereunder, or his employee, shall be guilty of a gross misdemeanor.
Sec. 6. NRS 463.330 is hereby amended to read as follows:
463.330 1. Costs of administration of this chapter incurred by the commission and the gaming control board shall be paid from the general fund on claims presented by the commission and approved and paid as other claims against the state are paid; but the total amount of such claims shall not exceed 10 percent of the total amount of money collected pursuant to this chapter. The commission and the board shall comply with the provisions of the state budget act in order that legislative authorization for budgeted expenditures may be provided.
2. In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the commission pursuant hereto, there is hereby created the state gaming control board revolving fund. Upon the written request of the chairman of the board, the state controller is directed to draw his warrant in favor of the chairman in the amount of $3,000, and upon presentation of the same to the state treasurer, the treasurer shall pay the same.
κ1961 Statutes of Nevada, Page 664 (CHAPTER 329, AB 200)κ
to the state treasurer, the treasurer shall pay the same. When the warrant is paid, the chairman shall deposit the $3,000 in a bank of reputable standing, which bank shall secure the deposit with a depository bond satisfactory to the state board of examiners. Before the chairman of the board shall receive such $3,000 from the state treasurer, he shall furnish a bond to the State of Nevada in the penal sum of $6,000, conditioned upon the faithful performance of his duties hereunder.
3. The chairman of the board is authorized to use the revolving fund to pay the reasonable expenses of agents and employees of the board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses be incurred for investigation of known or suspected violations hereof. In allowing such expenses the chairman shall not be limited or bound by the provisions of NRS 281.160 or any act amendatory thereof or supplemental thereto.
4. After the expenditure of money from the revolving fund, the chairman of the board shall present a claim to the state board of examiners for the amount of the expenditure to be replaced in the revolving fund. The claim shall be audited, allowed and paid as are other claims against the state, but such claim shall not detail the investigation made as to the agent or employee making the same or the person or persons investigated. If the state board of examiners is not satisfied with the claim, the members thereof may orally examine the chairman concerning the same.
5. [In no event shall the expenditures authorized by this chapter be deemed to be an exception to the limitation or expenditures hereinabove provided, but the expenditures herein authorized shall be deemed administrative expenses of this chapter. Expenditures hereunder shall not exceed $15,000 in any 1 calendar year.] Expenditures from the revolving fund shall not exceed $15,000 in any 1 calendar year. Authorization for expenditures from the revolving fund shall in no event be deemed to be an exception to the limitation on total expenditures imposed by subsection 1, but such expenditures from the revolving fund shall be deemed administrative expenses of this chapter and shall be included in the total of expenditures to which such limitation is applicable.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 665κ
Assembly Bill No. 240Committee on Fish and Game
CHAPTER 330
AN ACT to amend chapter 501 of NRS, relating to application, administration and enforcement of fish and game laws, by adding a new section authorizing the state board of fish and game commissioners to lease grazing and pasturage rights in real property owned or controlled by the board and to sell timber, crops and agricultural products produced on such real property; imposing certain duties and conditions on the state board of fish and game commissioners relative to such leases and sales; authorizing leases for the extraction of minerals, oil, gas and other hydrocarbons and for thermal power; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 501 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The commission may, if such leases or sales do not interfere with the use of such real property for wildlife management or for hunting or fishing thereon:
(a) Lease, for a term not exceeding 5 years, grazing or pasturage rights in and to real property which it owns, holds by reason of leases or controls by reason of any other legal agreement.
(b) Sell the timber and all other crops or agricultural products of whatever kind produced on such real property.
2. Except as provided in subsection 3, whenever the commission intends to lease grazing or pasturage rights or to sell or offer for sale timber or any agricultural products as provided in subsection 1, the commission shall do so only by advertising for bids, reserving in such advertising the right to reject any or all bids.
3. Notwithstanding any other provisions of this section, the commission may enter into a lease with or make a sale to a state agency without advertising for bids if the rent agreed to be paid for such lease or the sale price agreed to be paid for any timber or agricultural commodities to be sold is, in the opinion of the commission, equal to the amount that would be obtained by advertising for bids.
4. If the commission finds that the highest or best bid is less than the amount that should be paid, the commission may reject all bids and negotiate with interested persons for such lease or sale, but in no event shall any negotiated price be accepted if less in amount than the highest bid therefor tendered for the same lease or sale.
5. If the commission has purchased real property and the deed therefor contains a covenant or provision giving to the grantor an option to meet the highest bid for any lease by the commission of grazing and pasturage rights to such real property or the sale of timber or agricultural products from such real property, the commission shall comply with the terms of such covenant or provision in the deed.
6. Subject to the provisions of subsection 8, the commission may enter into a lease or leases with the highest responsible bidder for the extraction of minerals, oil, gas and other hydrocarbons for a term of 20 years, and for so long thereafter as the lessees continue mining, drilling or continue to produce oil in commercial quantities.
κ1961 Statutes of Nevada, Page 666 (CHAPTER 330, AB 240)κ
extraction of minerals, oil, gas and other hydrocarbons for a term of 20 years, and for so long thereafter as the lessees continue mining, drilling or continue to produce oil in commercial quantities. The compensation to be paid for such leases may be either:
(a) An agreed amount; or
(b) Based upon a royalty basis; or
(c) An agreed amount plus a royalty payment based upon units of production.
7. Subject to the provisions of subsection 8, the commission shall have the same authority to lease or sell thermal power as is provided in this section, but the commission may, in its discretion, enter into leases for the production of thermal power for terms not exceeding 99 years.
8. Any lease or leases executed pursuant to the provisions of subsections 6 or 7 shall, before becoming effective, be approved by the governor.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 288Committee on Insurance
CHAPTER 331
AN ACT to amend NRS 686.020, relating to fees and charges of the commissioner of insurance, by providing that an applicant for a nonresident insurance brokers license who resides within 50 miles of the boundary of the State of Nevada, and whose normal operations would include the transaction of insurance on both sides of such boundary, shall pay the resident fee of $25; by providing a fee of $20 for a vending machine license; and by providing a fee of $10 for issuing a license to a domestic insurance companys securities salesman.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 686.020 is hereby amended to read as follows:
686.020 1. The commissioner shall charge, collect and give proper acquittances for the payment of the following fees and charges:
For filing each power of attorney................................................................ $5.00
For an annual license to each fire insurance company to transact business throughout this state.............................................................................. 100.00
For an annual license to each life insurance company to transact business throughout this state.............................................................................. 100.00
For an annual license to each life and accident insurance company to transact business throughout this state............................................................. 100.00
For an annual license to each casualty and surety company to transact business throughout this state............................................................. 100.00
For an annual license to each underwriters agency, for each company represented in such agency................................................................... 25.00 For filing an annual company statement............................. $10.00
κ1961 Statutes of Nevada, Page 667 (CHAPTER 331, AB 288)κ
For filing an annual company statement.................................................... $10.00
For issuing an agents license..................................................................... 2.00
For issuing a solicitors license................................................................... 2.00
For issuing a nonresident brokers license................................................ 50.00
An applicant for a nonresident brokers license residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, shall pay the resident fee of $25.
For issuing any other certificate required or permissible under the law 1.00
For issuing a nonresident agents license................................................. ........................................................................................................... 10.00
An applicant for a nonresident agents license [or for a nonresident brokers license] residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, shall pay the resident fee of $2.
For issuing a brokers license...................................................................... 25.00
For issuing a license to a domestic insurance companys securities salesman ......................................................................................................... 10.00
For each copy of the insurance laws.......................................................... 2.50
For issuing a vending machine license, per machine per year............ 20.00
2. Notwithstanding the provisions of any general or special law, the possession of a license, under the provisions of this Title, shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses, whether for regulation or revenue, required to solicit insurance business within the State of Nevada, except that each city, town or county may require a license for revenue purposes only for any insurance agent whose principal place of business is located within the city or town or within the county outside the cities and towns of the county, respectively.
3. The amount of the expense incurred in the examination of the conditions and affairs of any company shall be paid by the company. No such charge shall be made except for necessary traveling and hotel expense and compensation of the examiner, commissioner or other department representative.
4. At the time of any service of process on the commissioner, as attorney for such service, the commissioner shall charge and collect the sum of $2, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he prevails in such suit or action.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 668κ
Assembly Bill No. 306Messrs. Bailey, Baker, Bleak, Glaser, McElroy, Hafen, Knisley, Swackhamer, Buckingham, Howard, Bastian, Romeo, Delaney and Rowntree
CHAPTER 332
AN ACT to amend Title 48 of NRS, relating to water, by adding a new chapter to be known as the Weather Modification Research Law; defining terms; authorizing the conduct of weather modification research programs; providing for agreements and payment by counties of part of the costs of such programs; establishing powers and duties of the director of the state department of conservation and natural resources; appropriating moneys to such department; and providing other matters properly relating thereto.
[Approved April 6, 1961]
Whereas, The greatest need in the expanding economy of Nevada is an adequate water supply; and
Whereas, Our future requirements for water demand that every possibility for improvement in the efficiency of use and of increase in the quantity of our water supply should be taken; and
Whereas, Increasing precipitation and runoff through cloud seeding, which procedure has not been scientifically tested under conditions which prevail in the Great Basin area of Nevada, appears possible and could be of greatest importance to Nevada; and
Whereas, A program of scientifically testing a cloud seeding program to determine what increases in precipitation could be obtained, under what atmospheric conditions cloud seeding should be practiced, what dangers might be involved in cloud seeding over broad areas, and what ratio of benefits to cost might be expected is desirable; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 48 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. This chapter may be cited as the Weather Modification Research Law.
Sec. 3. As used in this chapter, unless the context otherwise requires:
1. Department means the state department of conservation and natural resources.
2. Director means the director of the state department of conservation and natural resources.
Sec. 4. The department may conduct weather modification research programs.
Sec. 5. In areas where weather modification research is to be carried on, the counties involved may give such financial assistance as the director and the board of county commissioners shall determine, but such financial assistance shall aggregate for the counties involved an amount not less than 25 percent of the amount paid by the state for such program.
κ1961 Statutes of Nevada, Page 669 (CHAPTER 332, AB 306)κ
Sec. 6. Notwithstanding the provisions of NRS 244.320, or any other law, the counties in cooperating with the director in conducting any weather modification program in fulfillment of the purposes of this chapter are hereby authorized to enter into 5-year agreements with the director.
Sec. 7. In carrying out the purposes of this chapter, the director shall utilize to the fullest possible extent the facilities and technical resources of the Desert Research Institute of the University of Nevada.
Sec. 8. There is hereby appropriated from the general fund in the state treasury to the state department of conservation and natural resources the sum of $40,000 to carry out the purposes of this act during the first 2 years of a projected 5-year program.
Sec. 9. This act shall become effective upon passage and approval.
________
Assembly Bill No. 318Clark County Delegation
CHAPTER 333
AN ACT to amend chapter 232 of NRS, relating to the state department of conservation and natural resources, by adding a new section requiring the state department of conservation and natural resources to delineate areas subjected to flood damage and the furnishing of information thereon; providing for cooperation with the state department of health; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Areas subjected to flood damage shall be delineated by the department in cooperation with flood control districts. The information shall be furnished upon request to local, regional and state planning agencies.
2. The state department of health shall cooperate with the state department of conservation and natural resources for the accomplishment of the purposes of this act, but nothing in this act shall be construed to limit the powers and duties of the state department of health as provided by law.
________
κ1961 Statutes of Nevada, Page 670κ
Assembly Bill No. 352Mr. Tyson
CHAPTER 334
AN ACT to amend NRS sections 116.020 and 116.070, relating to the contents of plats and maps, the dedication of lands for school purposes, and the authority and procedure for the sale of unsuitable dedicated school lands, by deleting the provisions requiring the dedication of a block of land for school purposes in each map covering 40 acres or more; by providing a procedure for the acquisition of school sites in such areas; by providing for the sale of such sites if not used within 10 years from the date of purchase; and by providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 116.020 is hereby amended to read as follows:
116.020 Whenever any lands are hereinafter laid out and platted as mentioned in NRS 116.010, the owner or owners of the same or any trustee or trustees selected by the owner or owners shall cause to be made out an accurate map or plat, particularly setting forth and describing:
1. All the parcels of ground so laid out and platted by their boundaries, course and extent, and their position with reference to monuments erected or constructed, not less than one to each four blocks, with definite and exact relation to the center lines of the streets of the plat or subdivision, and whether they are intended for avenues, streets, lanes, alleys, commons or other public uses, together with such as may be reserved for public purposes. [Every map or plat of ground so laid out shall, if it covers 40 or more acres of land, show one block for every quarter section of land in the parcel of ground so mapped or platted, and the block so designated upon the map shall be forever devoted and dedicated to the uses of the public school system of the district in which it is located.]
2. All blocks and lots, whether intended for sale or otherwise, by numbers or letters, and their precise length and width.
3. By course and distance, the position of one or more of the monuments with reference to a known and established corner of the public land survey.
4. Each monument or mark by which the location of the blocks, lots, streets, alleys and public places has been fixed by survey upon the ground.
5. If the lands so laid out and platted comprise 40 acres or more, the planning commission or governing body with which the tentative map or plat is filed shall, as soon as practicable, provide a copy of such map to the board of trustees of the school district within which such lands are located. Within 15 days after receipt of such copy, the board of trustees shall, if a school site is needed within the area, notify such commission or body that a site is requested.
6. If the board of trustees requests a site, the person who platted the land shall set aside a site of no less than 5 acres. Such person and the board of trustees shall negotiate for the price of the site, which shall not exceed the fair cash market value of the land as determined by competent appraisal.
κ1961 Statutes of Nevada, Page 671 (CHAPTER 334, AB 352)κ
and the board of trustees shall negotiate for the price of the site, which shall not exceed the fair cash market value of the land as determined by competent appraisal. If any land purchased by a school district pursuant to the provisions of this subsection have not been placed in use as a school site at the end of 10 years from the date of purchase, they shall then first be offered to the person who platted the land or his successor in interest at a sale price equal to the original purchase price. If such person does not accept the offer, then the board of trustees may sell or lease such property in the manner provided in NRS 393.220 to 393.320, inclusive.
Sec. 2. NRS 116.070 is hereby amended to read as follows:
116.070 Whenever any land dedicated to the use of the public school system, [as provided in NRS 116.020,] pursuant to the provisions of NRS 116.020 as it read prior to the effective date of this act, or any land purchased and used as a school site pursuant to the provisions of NRS 116.020 after the effective date of this act, becomes unsuitable, undesirable or impractical for any school uses or purposes, the board of trustees of the county school district or joint school district in which the land is located shall:
1. Sell or lease the land in the manner provided in NRS 277.050 or NRS 393.220 to 393.320, inclusive; or
2. Exchange the land in the manner provided in NRS 277.050 or in sections 4 to 10, inclusive, of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 423Committee on Taxation
CHAPTER 335
AN ACT to amend chapter 361 of NRS, relating to property taxes, by exempting real and personal property of the Nevada Heritage Association, Inc., from such tax.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
All real and personal property of the Nevada Heritage Association, Inc., within the State of Nevada is exempt from taxation, but such property shall be taxed when it is used for any purpose other than carrying out the legitimate functions of such association.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 672κ
Assembly Bill No. 429Ormsby County Delegation
CHAPTER 336
AN ACT to amend an act entitled An Act concerning elected and appointed county officers of Ormsby County, Nevada; fixing the salaries of all county officers in Ormsby County, Nevada; providing for the appointment and salaries of clerks and deputies in those offices; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto, approved April 1, 1957, as amended.
[Approved April 6, 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 376, Statutes of Nevada 1957, as last amended by the Statutes of Nevada 1961, is hereby amended to read as follows:
Section 1. The elective and appointive officers hereinafter designated in this section shall receive the following annual salaries:
Sheriff............................................................................................... [$6,360] $7,560
County assessor.......................................................................................... 7,560
District attorney................................................................................ [6,360] $7,560
County clerk and ex officio county treasurer............................... [6,360] $7,560
County recorder and ex officio county auditor............................ [6,360] $7,560
County commissioners, each..................................................................... 2,400
Sec. 2. This act shall become effective on July 1, 1962, only if the offices of the county of Ormsby and the city of Carson City are separated pursuant to the provisions of chapter 182, Statutes of Nevada 1960, as amended.
________
Assembly Bill No. 451Committee on Legislative Functions
CHAPTER 337
AN ACT to amend chapter 218 of NRS, relating to the legislature, by adding a new section providing for the preparation of bill, resolution, journal and history books by legislative employees; providing for the payment of fees for such services; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 218 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. During each session of the legislature, employees of the senate and assembly shall compile and prepare sets of bill, resolution, journal and history books for:
(a) The offices and members of the senate and assembly without cost to such persons.
κ1961 Statutes of Nevada, Page 673 (CHAPTER 337, AB 451)κ
(b) Selected staff members of the statute revision commission and of the legislative counsel bureau without cost to such persons.
(c) The press room in the capitol building for use of accredited press representatives, but not more than four such sets of books shall be compiled and prepared without cost.
(d) Persons other than those enumerated in paragraphs (a), (b) and (c) upon application to the legislative counsel bureau and the payment of a fee of $35.
2. All fees collected under the provisions of this section shall be deposited in the legislative fund in accordance with the provisions of NRS 353.250.
________
Senate Bill No. 19Senator Echeverria
CHAPTER 338
AN ACT to amend chapter 202 of NRS, relating to crimes against public health and safety, by adding a new section requiring first aid kits on ambulances and first aid training for drivers and attendants; providing exceptions; providing penalties; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 202 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as provided in subsection 2, after January 1, 1962, no person shall drive, or be an attendant on, any public or private ambulance, unless he possesses an advanced first aid certificate issued by the American Red Cross or the United States Bureau of Mines, and no owner of such a vehicle shall permit it to be operated unless:
(a) The driver and all attendants possess first aid certificates as required by this section.
(b) The vehicle carries traction splints and a standard 24-unit first aid kit approved by the American Red Cross.
2. The provisions of this section do not apply to:
(a) A volunteer who drives, or acts as an attendant on, an ambulance in an emergency when it is impossible to secure a driver or attendant qualified as required by subsection 1.
(b) Drivers and attendants on ambulances operated in cities and towns having less than 1,000 population.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor and shall be punished by a fine of not more than $25.
________
κ1961 Statutes of Nevada, Page 674κ
Senate Bill No. 126Committee on Judiciary (by request)
CHAPTER 339
AN ACT to amend NRS section 6.130, relating to mandatory summoning of grand juries, by requiring a grand jury to be summoned upon presentation of petitions containing signatures of 75 registered voters or the signatures of registered voters equal in number to 5 percent of the number of votes cast within the county at the last preceding general election for the office of Representative in Congress, whichever number of signatures is the greater.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 6.130 is hereby amended to read as follows:
6.130 1. In any county it shall be mandatory to summon a grand jury whenever a verified petition is presented [signed by not less than 75 resident taxpayers] containing the signatures of 75 registered voters or the signatures of registered voters equal in number to 5 percent of the number of votes cast within the county at the last preceding general election for the office of Representative in Congress, whichever number of signatures is the greater, specifically setting forth the fact or facts constituting the necessity of convening a grand jury.
2. In any county, if the statute of limitations has not run against the person offending, it shall also be mandatory, within 5 days, to summon a grand jury after an affidavit or verified petition by any taxpayer accompanied by and with corroborating affidavits of at least 2 additional persons has been filed with the clerk of the district court, setting forth that there is reason to believe that there has been a misappropriation of public funds or property by a public officer, past or present, or any fraud committed against the county or state by any officer, past or present, or any violation of trust by any officer, past or present.
________
κ1961 Statutes of Nevada, Page 675κ
Senate Bill No. 139Senators Brown, Dial, Duffy, Echeverria, Frank, Fransway, Gallagher, Lamb, Lemaire, Monroe, Parks, Rand and Whitacre
CHAPTER 340
AN ACT to amend NRS sections 370.170, 370.220, 370.260 and 370.350, relating to cigarette taxes, discount allowances for services rendered by wholesalers, the cigarette tax fund and apportionment thereof, by increasing such taxes and apportioning the proceeds of such increase among cities, counties and the state and reducing the discount allowances for services rendered by wholesalers; to amend chapter 370 of NRS, relating to cigarette licenses and taxes, by adding new sections providing for bonds of licensed wholesale cigarette dealers and making exceptions thereto; providing when remittances are due the Nevada tax commission by licensed wholesale cigarette dealers using metered stamping machines; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 370.170 is hereby amended to read as follows:
370.170 Except as otherwise provided in this chapter, no person shall give, sell or offer to give or sell any cigarettes in the State of Nevada unless there is affixed to each of the packages, packets or containers an adhesive Nevada cigarette revenue stamp or a similar stamp affixed by a metered stamping machine approved by and registered with the tax commission in the following denominations: On packages containing 20 cigarettes or less, [3] 7 cents per package; [on packages containing over 20 cigarettes and not exceeding 30 cigarettes, 5 cents per package; on packages containing over 30 cigarettes and not exceeding 40 cigarettes, 6 cents per package; on packages containing over 40 cigarettes and not exceeding 50 cigarettes, 7 cents per package;] and on packages containing over [50] 20 cigarettes, [3] 7 cents additional for each 20 cigarettes or fraction thereof contained in any such package.
Sec. 2. NRS 370.260 is hereby amended to read as follows:
370.260 1. All taxes and license fees imposed by this chapter, less any refunds granted as provided by law, shall be paid to the tax commission in the form of remittances payable to the Nevada tax commission.
2. The tax commission shall:
(a) Transmit such payments to the state treasurer to be deposited in the state treasury to the credit of the cigarette tax fund.
(b) Report to the state controller quarterly the amount of collections together with the percentage of sales made during such quarter in each county.
3. The money in the cigarette tax fund is hereby appropriated as follows:
(a) There is first appropriated from the cigarette tax fund [87.5] 66 percent thereof, which shall be paid to the general fund of the state.
(b) There is second appropriated from the cigarette tax fund 28.5
κ1961 Statutes of Nevada, Page 676 (CHAPTER 340, SB 139)κ
percent thereof, which shall be apportioned among and paid monthly to the incorporated cities and the counties of the state on the basis of the population of such cities, and the population of such counties excluding the population of the incorporated cities in such counties, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce.
(c) The remaining [12.5] 5.5 percent shall be paid quarterly during each fiscal year to the counties of this state in the same proportion that the total taxes collected from the sale of cigarettes in each county during such quarter bears to the total taxes collected from the sale of cigarettes in all counties of this state during such quarter, as certified by the tax commission.
Sec. 3. NRS 370.350 is hereby amended to read as follows:
370.350 1. Except as provided in subsection 3, a tax is hereby levied and imposed upon the use of cigarettes in this state.
2. The amount of such use tax shall be as follows: On packages containing 20 cigarettes or less, [3] 7 cents per package; [on packages containing over 20 cigarettes and not exceeding 30 cigarettes, 5 cents per package; on packages containing over 30 cigarettes and not exceeding 40 cigarettes, 6 cents per package; on packages containing over 40 cigarettes and not exceeding 50 cigarettes, 7 cents per package;] and on packages containing over [50] 20 cigarettes, [3] 7 cents additional for each 20 cigarettes or fraction thereof contained in any such package.
3. The use tax shall not apply where:
(a) Nevada cigarette revenue stamps have been affixed to cigarette packages as required by law.
(b) Tax exemption is provided for in this chapter.
Sec. 4. NRS 370.220 is hereby amended to read as follows:
370.220 In the sale of any cigarette revenue stamps to a licensed wholesale cigarette dealer, the tax commission and its agents are authorized and directed to allow the purchaser a discount of [5] 4 percent for the services rendered by the licensed wholesale cigarette dealer in affixing cigarette revenue stamps to the cigarette packages.
Sec. 5. Chapter 370 of NRS is hereby amended by adding thereto the provisions set forth as sections 6 and 7 of this act.
Sec. 6. 1. Except as otherwise provided in this section, each licensed wholesale cigarette dealer shall furnish a bond to the State of Nevada conditioned for the payment of all excise taxes due or to become due from him under the provisions of this chapter. Each bond shall be in a principal sum equal to the greatest excise tax paid by the wholesale cigarette dealer in any quarter of the preceding year, or if such standard is not available, then in a sum required from a licensee operating under conditions deemed comparable by the tax commission. In no case shall a bond be for an amount less than $1,000.
2. The bond or undertaking shall be acceptable to and approved by the tax commission, and a deposit of cash or negotiable United States Government bonds may be accepted in lieu of an undertaking. The tax commission shall deposit all such United States Government bonds and cash deposits with the state treasurer as custodian thereof.
κ1961 Statutes of Nevada, Page 677 (CHAPTER 340, SB 139)κ
3. Notwithstanding any other provision of this section:
(a) Upon application and a satisfactory showing therefor, the tax commission may, from time to time, increase or decrease the amount of the required bond, having consideration for the amount of excise tax paid by the wholesale cigarette dealer.
(b) The tax commission may waive the requirement of a bond pursuant to this section whenever a licensed wholesale cigarette dealer has maintained a satisfactory record of payment of excise taxes for a period of not less than 5 consecutive years. The provisions of this paragraph shall apply to all licensees whether or not they were licensed prior to or after the effective date of this amendatory act.
Sec. 7. Remittances due the tax commission by any licensed wholesale cigarette dealer for the amount of excise tax set by a supervisor on any metered stamping machine between July 1 and July 25, 1961, shall be payable to the tax commission on July 25, 1961, and thereafter all such remittances shall be due and payable to the tax commission on the 25th day of the month.
Sec. 8. This act shall become effective on July 1, 1961.
________
Senate Bill No. 158Senator Dial
CHAPTER 341
AN ACT to amend an act entitled An Act authorizing and directing the state planning board to sell or exchange certain parcels of real property in Ormsby County, Nevada, belonging to the State of Nevada; defining the powers and duties of the state planning board, the chairman thereof, and the attorney general in connection therewith; and providing other matters properly relating thereto, approved March 17, 1960.
[Approved April 6, 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 229, Statutes of Nevada 1960, at page 402, is hereby amended to read as follows:
Section 2. The state planning board is hereby authorized and directed, subject to the restrictions and conditions hereinafter contained, to sell for cash at not less than the appraised value any or all of the following-described parcels of real property and any improvements thereon belonging to the State of Nevada and lying and being in Ormsby County, Nevada, and described as follows:
(a) Five acres more or less bounded on the east by U. S. Highway 395, on the west by an Ormsby County road, and on the north by the United States Forest Service administrative site.
(b) The E 1/2 of the NE 1/4 of section 12, T. 15N., R. 19E., M.D.B. & M., containing 80 acres more or less.
(c) The SW 1/4 of the NE 1/4 of section 12, T. 15N., R. 19E., M.D.B. & M., containing 40 acres more or less.
κ1961 Statutes of Nevada, Page 678 (CHAPTER 341, SB 158)κ
(d) A parcel 8 rods by 8 rods in the southwest corner of the SE 1/4 of the SW 1/4 of section 6, T. 15N., R. 20E., M.D.B. & M.
(e) A parcel south of Carson City, Nevada, bounded on the north by the [department of highways maintenance shops,] section line separating sections 17 and 20, T. 15N., R. 20E., M.D.B. & M., on the east by Stewart Street and on the west by U.S. Highway 395, the parcel being a triangle with its apex on the south at the junction of Stewart Street and U. S. Highway 395.
Sec. 2. Section 4 of the above-entitled act, being chapter 229, Statutes of Nevada 1960, at page 403, is hereby amended to read as follows:
Section 4. Notice of intention to sell any of the real property described in sections 1 and 2 shall be given by publication in a newspaper of general circulation published in Ormsby County, Nevada, once a week for 3 successive weeks. [Any] Except as otherwise provided in this section, any such sale shall be made to the highest responsible bidder at public auction at not less than the appraised value. All expenses of any such sale shall be paid by the state planning board from the proceeds of the sale. The net proceeds received by the state planning board from any such sale shall be deposited forthwith in the general fund in the state treasury [.] , except that the net proceeds received from the sale of the real property described in subsection (e) of section 2 shall be deposited forthwith in the state highway fund. Sale of the real property described in subsection (e) of section 2 shall be effected by negotiation or public auction under the supervision of the state highway engineer, and shall not be effected until the highway department has completed new facilities or relocated facilities to replace those existing on such property.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 159Senator Dial (by request)
CHAPTER 342
AN ACT authorizing and directing the superintendent of the Nevada state childrens home to convey to the State of Nevada, department of highways, without consideration, certain real property owned by the State of Nevada; providing that the department of highways may convey any portion of such property to the state department of buildings and grounds; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state childrens home is hereby authorized and directed to convey to the State of Nevada, department of highways, in fee simple, without consideration therefor, for highway purposes, that property owned by such home and situated in the county of Ormsby, State of Nevada, more fully described as all of that real property in the NE 1/4 of the NW 1/4 of Section 20, T.
κ1961 Statutes of Nevada, Page 679 (CHAPTER 342, SB 159)κ
for highway purposes, that property owned by such home and situated in the county of Ormsby, State of Nevada, more fully described as all of that real property in the NE 1/4 of the NW 1/4 of Section 20, T. 15N., R. 20E., M.D.B. & M., which lies south of the south boundary of the Carson City limits and east of Stewart Street; all of that real property in the N 1/2 of the SE 1/4 of the NW 1/4 of Section 20, T. 15N., R. 20E., M.D.B. & M., which lies east of Stewart Street; and the N 1/2 of the SW 1/4 of the NE 1/4 of Section 20, T. 15N., R. 20E., M.D.B. & M.
Sec. 2. Upon acquiring title to the lands described in section 1 of this act, the department of highways may convey to the state department of buildings and grounds, in fee simple, without consideration therefor, and the state department of buildings and grounds may accept, any portion or parcel of such property.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 188Committee on Public Health
CHAPTER 343
AN ACT to amend NRS sections 453.020, 453.040, 453.050, 453.090, 453.100, 453.150 and 453.200, relating to narcotic drugs, definitions, licenses, exemptions, records, search, seizure and forfeiture, enforcement and cooperation with federal agencies, by providing that the state board of pharmacy rather than the state board of health shall administer the Uniform Narcotic Drug Act; by restricting exemptions; and by providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 453.020 is hereby amended to read as follows:
453.020 The following words and phrases, as used in NRS 453.010 to 453.240, inclusive, shall have the following meanings, unless the context otherwise requires:
1. Apothecary means a licensed pharmacist as defined by the laws of this state and, where the context so requires, the owner of a store or other place of business where narcotic drugs are compounded or dispensed by a licensed pharmacist; but nothing in NRS 453.010 to 453.240, inclusive, shall be construed as conferring on a person who is not registered nor licensed as a pharmacist any authority, right, or privilege that is not granted to him by the pharmacy laws of this state.
2. Barbiturates means any salt of barbituric acid and shall include, but without limitation, the following substances:
(a) Verinal;
(b) Barbital;
(c) Amytal; and
(d) Luminal.
3. Cannabis includes all parts of the plant Cannabis sativa L.,
κ1961 Statutes of Nevada, Page 680 (CHAPTER 343, SB 188)κ
whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.
4. Coca leaves includes cocaine and any compound, manufacture, salt, derivative, mixture, or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine, or substances from which cocaine or ecgonine may be synthesized or made.
5. Dentist means a person authorized by law to practice dentistry in this state.
6. Dispense includes distribute, leave with, give away, dispose of, or deliver.
7. Federal narcotic laws means the laws of the United States relating to opium, coca leaves, and other narcotic drugs.
8. Hospital means an institution for the care and treatment of the sick and injured, approved by the state board of [health] pharmacy as proper to be entrusted with the custody of narcotic drugs and the professional use of narcotic drugs under the direction of a physician, dentist, or veterinarian.
9. Laboratory means a laboratory approved by the state board of [health] pharmacy as proper to be entrusted with the custody of narcotic drugs and the use of narcotic drugs for scientific and medical purposes and for purposes of instruction.
10. Manufacturer means a person who by compounding, mixing, cultivating, growing, or other process, produces or prepares narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescription.
11. Narcotic drugs means coca leaves, opium, isonipecaine, cannabis, barbiturates, and every other substance neither chemically nor physically distinguishable from them, and any other drugs to which the federal laws relating to narcotic drugs may now apply, or may hereafter apply.
12. Official written order means an order written on a form provided for that purpose by the United States Commissioner of Narcotics, under any laws of the United States making provision therefor, if such order forms are authorized and required by federal law, and if no such order form is provided, then on an official form provided for that purpose by the state board of [health.] pharmacy.
13. Opium includes morphine, codeine, and heroin, and any compound, manufacture, salt, derivative, mixture, or preparation of opium, but does not include apomorphine or any of its salts.
14. Person includes any corporation, association, copartnership, or one or more individuals.
15. Physician means a person authorized by law to practice medicine in this state, and any other person authorized by law to treat sick and injured human beings in this state, and to use narcotic drugs in connection with such treatment.
κ1961 Statutes of Nevada, Page 681 (CHAPTER 343, SB 188)κ
and injured human beings in this state, and to use narcotic drugs in connection with such treatment.
16. Registry number means the number assigned to each person registered under the federal narcotic laws.
17. Sale includes barter, exchange, or gift, or offer therefor, and each such transaction made by any person, whether as principal, proprietor, agent, servant, or employee.
18. Veterinarian means a person authorized by law to practice veterinary medicine in this state.
19. Wholesaler means a person who supplies narcotic drugs that he himself has not produced nor prepared, on official written orders, but not on prescriptions.
Sec. 2. NRS 453.040 is hereby amended to read as follows:
453.040 No person shall manufacture, compound, mix, cultivate, grow, or by any other process produce or prepare narcotic drugs, and no person as a wholesaler shall supply the same, without having first obtained a license so to do from the state board of [health.] pharmacy.
Sec. 3. NRS 453.050 is hereby amended to read as follows:
453.050 No license shall be issued under NRS 453.040 unless and until the applicant therefor has furnished proof satisfactory to the state board of [health:] pharmacy:
1. That the applicant is of good moral character or, if the applicant be an association or corporation, that the managing officers are of good moral character.
2. That the applicant is equipped as to land, buildings, and paraphernalia properly to carry on the business described in his application.
3. No license shall be granted to any person who has within 5 years been convicted of a willful violation of any law of the United States, or of any state, relating to opium, coca leaves, cannabis, or other narcotic drugs, or to any person who is a narcotic drug addict.
4. The state board of [health] pharmacy may suspend or revoke any license for cause.
Sec. 4. NRS 453.090 is hereby amended to read as follows:
453.090 Except as otherwise in NRS 453.010 to 453.240, inclusive, specifically provided, NRS 453.010 to 453.240, inclusive, shall not apply to the following cases:
1. Prescribing, administering, dispensing, or selling at retail of any medicinal preparation that contains in 1 fluid ounce, or if a solid or semisolid preparation, in 1 avoirdupois ounce:
(a) [Not more than 2 grains of opium;
(b)] Not more than one-quarter of a grain of morphine or of any of its salts;
[(c)] (b) Not more than 1 grain of codeine or any of its salts; and
[(d) Not more than one-eighth of a grain of heroin or of any of its salts;
(e) Not more than one-half of a grain of extract of cannabis nor more than one-half of a grain of any more potent derivative or preparation of cannabis; and
κ1961 Statutes of Nevada, Page 682 (CHAPTER 343, SB 188)κ
(f)] (c) Not more than one of the drugs named above in paragraphs (a) [,] and (b). [, (c), (d) and (e).]
2. Prescribing, administering, dispensing, or selling at retail of liniments, ointments, and other preparations that are susceptible of external use only and that contain narcotic drugs in such combinations as prevent their being readily extracted from such liniments, ointments, or preparations, except that NRS 453.010 to 453.240, inclusive, shall apply to all liniments, ointments, and other preparations that contain coca leaves in any quantity or combination.
3. The exemptions authorized by this section shall be subject to the following conditions:
(a) No person shall prescribe, administer, dispense, or sell under the exemptions of this section to any one person, or for the use of any one person or animal, any preparation or preparations included within this section when he knows, or can by reasonable diligence ascertain, that such prescribing, administering, dispensing, or selling will provide the person to whom or for whose use, or the owner of the animal for the use of which, such preparation is prescribed, administered, dispensed, or sold, within any 48 consecutive hours, with more than [4 grains of opium, or more than] one-half grain of morphine or of any of its salts, or more than 2 grains of codeine or of any of its salts, [or more than one-quarter grain of heroin or of its salts, or more than 1 grain of extract of cannabis or 1 grain of any more potent derivative or preparation of cannabis,] or will provide such person or the owner of such animal, within 48 consecutive hours, with more than one preparation exempted by this section from the operation of NRS 453.010 to 453.240, inclusive.
(b) The medical preparation, or the liniment, ointment, or other preparation susceptible of external use only, prescribed, administered, dispensed, or sold, shall contain, in addition to the narcotic drug in it, some drug or drugs conferring upon it medicinal qualities other than those possessed by the narcotic drug alone.
(c) Such preparation shall be prescribed, administered, dispensed, and sold in good faith as a medicine, and not for the purpose of evading the provisions of NRS 453.010 to 453.240, inclusive.
4. Nothing in this section shall be construed to limit the kind and quantity of any narcotic drug that may be prescribed, administered, dispensed, or sold to any person or for the use of any person or animal when it is prescribed, administered, dispensed, or sold in compliance with the general provisions of NRS 453.010 to 453.240, inclusive.
Sec. 5. NRS 453.100 is hereby amended to read as follows:
453.100 1. Every physician, dentist, veterinarian, or other person who is authorized to administer or professionally use narcotic drugs, shall keep a record of such drugs received by him, and a record of all such drugs administered, dispensed, or professionally used by him otherwise than by prescription. It shall, however, be deemed a sufficient compliance with the subsection if any such person using small quantities of solutions or other preparations of such drugs for local application shall keep a record of the quantity, character, and potency of such solution or other preparations purchased or made up by him, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him to individual patients.
κ1961 Statutes of Nevada, Page 683 (CHAPTER 343, SB 188)κ
such solution or other preparations purchased or made up by him, and of the dates when purchased or made up, without keeping a record of the amount of such solution or other preparation applied by him to individual patients.
Provided: That no record need be kept of narcotic drugs administered, dispensed, or professionally used in the treatment of any one patient when the amount administered, dispensed, or professionally used for that purpose does not exceed in any 48 consecutive hours:
(a) For grains of opium; or
(b) One-half of a grain of morphine or of any of its salts; or
(c) Two grains of codeine or of any of its salts; or
(d) One-fourth of a grain of heroin or of any of its salts; or
(e) One grain of extract of cannabis or 1 grain of any more potent derivative or preparation of cannabis; or
(f) A quantity of any other narcotic drug or any combination of narcotic drugs that does not exceed in pharmacologic potency any one of the drugs named above in the quantity stated.
2. Manufacturers and wholesalers shall keep records of all narcotic drugs compounded, mixed, cultivated, grown, or by any other process produced or prepared, and of all narcotic drugs received and disposed of by them, in accordance with the provisions of subsection 5 of this section.
3. Apothecaries shall keep records of all narcotic drugs received and disposed of by them, in accordance with the provisions of subsection 5 of this section.
4. Every person who purchases for resale, or who sells narcotic drug preparations exempted by NRS 453.090, shall keep a record showing the quantities and kinds thereof received and sold, or disposed of otherwise, in accordance with the provisions of subsection 5 of this section.
5. The form of records shall be prescribed by the state board of [health.] pharmacy. The record of narcotic drugs received shall in every case show the date of receipt, the name and address of the person from whom received, and the kind and quantity of drugs received; the kind and quantity of narcotic drugs produced or removed from process of manufacture, and the date of such production or removal from process of manufacture; and the record shall in every case show the proportion of morphine, cocaine, or ecgonine contained in or producible from crude opium or coca leaves received or produced, and the proportion of resin contained in or producible from the dried flowering or fruiting tops of the pistillate plant Cannabis sativa L., from which the resin has not been extracted, received or produced. The record of all narcotic drugs sold, administered, dispensed, or otherwise disposed of, shall show the date of selling, administering, or dispensing, the name and address of the person to whom, or for whose use, or the owner and species of animal for which sold, administered or dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of 2 years from the date of the transaction recorded. The keeping of a record required by or under the federal narcotic laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft.
κ1961 Statutes of Nevada, Page 684 (CHAPTER 343, SB 188)κ
federal narcotic laws, containing substantially the same information as is specified above, shall constitute compliance with this section, except that every such record shall contain a detailed list of narcotic drugs lost, destroyed, or stolen, if any, the kind and quantity of such drugs, and the date of the discovery of such loss, destruction, or theft.
Sec. 6. NRS 453.150 is hereby amended to read as follows:
453.150 1. A warrant to search any store, shop, office, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, where there is reasonable ground to believe that narcotic drugs are manufactured, possessed, had under control, sold, prescribed, administered, dispensed, or compounded, in violation of NRS 453.010 to 453.240, inclusive, may issue in the same manner and under the same restrictions as provided by law for other personal property, or implements used, or evidences of crime.
2. All narcotic drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a peace officer, shall be forfeited, and disposed of as follows:
(a) Except as in this section otherwise provided, the court or magistrate having jurisdiction shall order such narcotic drugs forfeited and destroyed. A record of the place where such drugs were seized, of the kinds and quantities of drugs so destroyed, and of the time, place, and manner of destruction, shall be kept, and a return, under oath, reporting the destruction shall be made to the court or magistrate and to the United States Commissioner of Narcotics by the officer who destroys them.
(b) Upon written application by the state board of [health] pharmacy the court or magistrate by whom he forfeiture of narcotic drugs has been decreed may order the delivery of any of them, except heroin and its salts and derivatives, to the state board of [health] pharmacy for distribution or destruction, as hereinafter provided.
(c) Upon application by any hospital within this state, not operated for private gain, the state board of health may in its discretion deliver any narcotic drugs that have come into its custody by authority of this section to the applicant for medicinal use. The state board of [health] pharmacy may from time to time deliver excess stocks of such narcotic drugs to the United States Commissioner of Narcotics, or shall destroy the same.
(d) The state board of [health] pharmacy shall keep a full and complete record of all drugs received and of all drugs disposed of, showing the exact kinds, quantities, and forms of such drugs; the persons from whom received and to whom delivered; by whose authority received, delivered, and destroyed; and the date of the receipt, disposal, or destruction, which record shall be open to inspection by all federal and state officers charged with the enforcement of federal and state narcotic laws.
Sec. 7. NRS 453.200 is hereby amended to read as follows:
453.200 It is hereby made the duty of the state board of [health,] pharmacy, its officers, agents, inspectors and representatives, and of all peace officers within the state and of all district attorneys to enforce all provisions of NRS 453.010 to 453.240, inclusive, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to narcotic drugs.
κ1961 Statutes of Nevada, Page 685 (CHAPTER 343, SB 188)κ
all peace officers within the state and of all district attorneys to enforce all provisions of NRS 453.010 to 453.240, inclusive, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to narcotic drugs.
Sec. 8. This act shall become effective upon passage and approval.
________
Senate Bill No. 208Senator Brown
CHAPTER 344
AN ACT to amend NRS section 258.125, relating to fees of constables of Clark County, by amending the fee schedule; and by providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 258.125 is hereby amended to read as follows:
258.125 1. Constables of Clark County shall be allowed the following fees for their services:
For serving summons, complaint or any other process by which suit is commenced in civil cases.................................................................................................... $1.00
For summoning a jury before a justice of the peace................................... 2.00
For taking a bond or undertaking.................................................................. 1.00
For serving an attachment against the property of a defendant............... 2.00
For serving subpenas, for each witness............................................... [.25] 1.00
For a copy of any writ, process or order or other paper, when demanded or required by law, per folio.......................................................................................... .20
For drawing and executing every constables deed, to be paid by the grantee, who shall also pay for the acknowledgment thereof.................................... 5.00
For each certificate of sale of real property under execution..................... 1.00
For levying any execution, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons... 2.00
For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper................................ 2.00
For mileage in serving summons, attachment, execution, order, venire, subpena or other process in civil suits, for each mile necessarily and actually traveled, in going only................................................................................................... .50
But when two or more persons are served in the same suit, mileage shall only be charged for the most distant, if they live in the same direction.
κ1961 Statutes of Nevada, Page 686 (CHAPTER 344, SB 208)κ
2. A constable shall also be allowed:
(a) For receiving and taking care of property on execution, attachment, or order, his actual necessary expenses, to be allowed by the justice of the peace who issued the writ or order, upon the affidavit of the constable that such charges are correct and the expenses necessarily incurred.
(b) For collecting all sums on execution [,] or writ, to be charged against the defendant, 2 percent thereof.
(c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.
3. Deputy sheriffs acting as constables shall not be entitled to retain for their own use any fees collected by them, but the same shall be paid into the county treasury on or before the 5th day of the month next succeeding the month in which the fees were collected.
4. Constables shall, on or before the 5th day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 236Committee on Judiciary
CHAPTER 345
AN ACT to amend NRS section 284.173, relating to persons who provide services to state agencies as independent contractors, by allowing payment of expenses to such persons: by changing the provisions relating to filing of contracts with such persons; and by providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.173 is hereby amended to read as follows:
284.173 1. Elective officers and heads of departments, boards, commissions or institutions may contract for the services of persons as independent contractors.
2. An independent contractor is a person, firm or corporation who agrees to perform services for a fixed price according to his or its own methods and without subjection to the supervision or control of the other contracting party, except as to the results of the work, and not as to the means by which the services are accomplished.
3. For the purposes of this section:
(a) Travel, subsistence and other personal expenses [shall be borne by the independent contractor.] may be paid to an independent contractor, if provided for in the contract, in such amounts as provided for in the contract. Such expenses shall not be paid under the provisions of NRS 281.160.
κ1961 Statutes of Nevada, Page 687 (CHAPTER 345, SB 236)κ
(b) There shall be no:
(1) Withholding of income taxes by the state;
(2) Industrial insurance coverage provided by the state;
(3) Participation in group insurance plans which may be available to employees of the state;
(4) Participation or contributions by either the independent contractor or the state to the public employees retirement system;
(5) Accumulation of vacation leave or sick leave.
4. An independent contractor is not in the classified or unclassified service of the state, and shall have none of the rights or privileges available to officers or employees of the State of Nevada.
5. Each contract for the services of an independent contractor shall be in writing. The form of the contract shall be first approved by the attorney general, and, except as provided in subsection 6, an executed copy of each contract shall be filed with the legislative commission [.] and the clerk of the state board of examiners.
6. Copies of the following types of contracts need not be filed as provided in subsection 5:
(a) Contracts executed by the department of highways for any work of construction or reconstruction of highways. (b) Contracts executed by the state planning board or any other state department or agency for any work of construction or major repairs of state buildings.
(c) Contracts executed with companies, corporations or groups of individuals for any work of maintenance or repair of office machines and equipment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 239Committee on Judiciary
CHAPTER 346
AN ACT to amend NRS section 612.550, relating to employers contribution rates for the purpose of unemployment compensation, by changing the method of determining when the amount available for benefits in the unemployment compensation fund is insufficient to allow contribution rates of less than 2.7 percent; and by providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 612.550 is hereby amended to read as follows:
612.550 1. As used in this section:
(a) Average annual payroll for the calendar year 1960 and each calendar year thereafter means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers shall be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
κ1961 Statutes of Nevada, Page 688 (CHAPTER 346, SB 239)κ
payroll for employers first qualifying as eligible employers shall be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.
(b) Computation date for the calendar year 1960 and for each calendar year thereafter means June 30 of the preceding calendar year.
(c) Reserve balance means the excess, if any, of total contributions paid by each employer over total benefit charges to his experience rating record.
(d) Reserve ratio means the percentage ratio that the reserve balance bears to the average annual payroll.
(e) Total contributions paid means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.
2. The executive director shall, for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which shall apply to him for each calendar year in order to reflect such experience and classification.
No employers contribution rate shall be reduced below 2.7 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which has been subject to this chapter and his account as an employer could have been charged with benefit payments, except that for the calendar year beginning January 1, 1960, and for each year thereafter an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.7 percent if his account has been chargeable throughout a lesser period, but in no event, less than the 10-consecutive-calendar-quarter period ending on the computation date.
3. Benefits paid to an individual up to and including the computation date shall be charged against the experience rating records of his base period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers; provided:
(a) That no augmentation of benefits paid by reason of the fact that a claimant has [dependants] dependents shall be charged to any employers experience rating record; and
(b) That no benefits paid to a multistate claimant based upon entitlement to benefits in more than one state shall be charged to any employers account when no benefits would have been payable except for NRS 612.295; and
(c) That if a ruling is issued to a base period employer under the provisions of NRS 612.475 that a claimant left his employment with such employer, voluntarily and without good cause, or was discharged because of misconduct in connection with such employment, benefits paid to the claimant subsequent to such termination of employment due to voluntary leaving or discharge, which are based upon wages paid by such employer in the claimants base period prior to the date of such termination, and which would otherwise be charged to the experience rating record of such employer, as provided in this section, shall not be charged unless such employer failed to comply with the provisions of NRS 612.475.
κ1961 Statutes of Nevada, Page 689 (CHAPTER 346, SB 239)κ
termination, and which would otherwise be charged to the experience rating record of such employer, as provided in this section, shall not be charged unless such employer failed to comply with the provisions of NRS 612.475.
4. For the calendar year 1960 and for each calendar year thereafter the executive director shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify such employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year shall be determined by the range within which his reserve ratio falls.
The executive director shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which shall be assigned the various contribution rates provided in subsection 5 of this section. The lowest contribution rate shall be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate shall be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges shall be uniform.
5. Each employer eligible for a contribution rate based upon experience and classified in accordance with this section shall be assigned a contribution rate by the executive director for each calendar year according to the following classes:
Class 1...................................................................................................... 0.1 percent
Class 2...................................................................................................... 0.3 percent
Class 3...................................................................................................... 0.6 percent
Class 4...................................................................................................... 0.9 percent
Class 5...................................................................................................... 1.2 percent
Class 6...................................................................................................... 1.5 percent
Class 7...................................................................................................... 1.8 percent
Class 8...................................................................................................... 2.1 percent
Class 9...................................................................................................... 2.4 percent
Class 10.................................................................................................... 2.7 percent
6. [No employers contribution rate for the calendar year 1960 and for each calendar year thereafter shall be reduced below 2.7 percent unless the total amount available for benefits in the unemployment compensation fund on January 1 equals or exceeds 6 percent of total wages subject to contributions under this chapter for the 4 consecutive calendar quarters ending on the preceding September 30.] The executive director shall, on September 30, 1962, and on September 30 of each year thereafter, determine the highest benefit cost rate experienced during the 10-year period immediately preceding such date by dividing total benefit payments during every consecutive 12-month period of such 10-year period by total wages paid in the 4 calendar quarters which ended nearest to the last day of such 12-month period. The highest ratio obtained by such divisions is the highest benefit cost rate. Contribution rates of less than 2.7 percent shall not be assigned to apply for the calendar year 1963 or for any calendar year thereafter if the executive director finds on September 30 preceding any such calendar year that the percentage relationship which the total amount available for benefits in the unemployment compensation fund on such date bears to the total wages reported by employers for the 4 consecutive calendar quarters ending on the preceding June 30 is less than 1 1/2 times the highest benefit cost rate.
κ1961 Statutes of Nevada, Page 690 (CHAPTER 346, SB 239)κ
if the executive director finds on September 30 preceding any such calendar year that the percentage relationship which the total amount available for benefits in the unemployment compensation fund on such date bears to the total wages reported by employers for the 4 consecutive calendar quarters ending on the preceding June 30 is less than 1 1/2 times the highest benefit cost rate.
7. The executive director, for the calendar year 1960 and for each calendar year thereafter, shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for such calendar year, for each employer whose account is an active status on the records of the employment security department on January 1 of each year and whose account is chargeable with benefit payments on the computation date of such year.
8. The executive director shall, by regulation, prescribe the conditions for a transfer of the experience record of an employer to an employer who has acquired the entire or a severable part of the organization, trade or business or substantially all of the assets thereof.
9. Whenever an employer has paid no wages in employment for a period of 8 consecutive calendar quarters following the last calendar quarter in which he paid wages for employment, the executive director shall terminate his experience rating account, and such account shall not thereafter be used in any rate computation.
________
Senate Bill No. 241Senators Settelmeyer and Lemaire
CHAPTER 347
AN ACT to amend NRS section 616.135, relating to the Nevada industrial commission commissioner representative of employers, by increasing the annual salary of such commissioner.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.135 is hereby amended to read as follows:
616.135 1. One of the commissioners shall be representative of employers and shall be selected by the governor for appointment from the individuals whose names are submitted to him by recognized associations and employer groups located in the state.
2. The annual salary of the commissioner representative of employers shall be [not less than $8,500 nor more than $10,000.] $11,000.
3. The present commissioner whose term expires on June 23, 1955, is hereby determined to be the representative of employers. The successor of the commissioner representative of employers shall be deemed to represent employers.
________
κ1961 Statutes of Nevada, Page 691κ
Senate Bill No. 242Senators Settelmeyer and Lemaire
CHAPTER 348
AN ACT to amend NRS section 616.130, relating to the Nevada industrial commission commissioner representative of labor, by increasing the annual salary of such commissioner.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.130 is hereby amended to read as follows:
616.130 1. One of the commissioners shall be representative of labor and shall be selected by the governor for appointment from the individuals whose names are submitted to him, one by the Nevada State Federation of Labor affiliated with the American Federation of Labor, and one by the Congress of Industrial Organizations for the State of Nevada.
2. The annual salary of the commissioner representative of labor shall be [not less than $8,500 nor more than $10,000.] $11,000.
3. The present commissioner whose term expires on September 3, 1955, is hereby determined to be the representative of labor. The successor of the commissioner representative of labor shall be deemed to represent labor.
________
Senate Bill No. 243Committee on Agriculture and Irrigation
CHAPTER 349
AN ACT to amend Title 48 of NRS, relating to water by adding a new chapter providing for the regulation of weather modification operations; providing for the powers and duties of the director of the state department of conservation and natural resources; providing for the issuing of licenses and permits; providing fees and penalties; and defining terms; to repeal NRS section 532.190, relating to cooperative agreements for weather modification and cloud seedings; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 48 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 19, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context requires otherwise:
1. Director means the director of the state department of conservation and natural resources.
2. Operation means the performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding 1 year, or, if the performance of weather modification and control activities is to be undertaken individually or jointly by a person or persons to be benefited and not undertaken pursuant to a contract, operation means the performance of weather modification and control activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding 1 year.
κ1961 Statutes of Nevada, Page 692 (CHAPTER 349, SB 243)κ
effect within one geographical area over one continuing time interval not exceeding 1 year, or, if the performance of weather modification and control activities is to be undertaken individually or jointly by a person or persons to be benefited and not undertaken pursuant to a contract, operation means the performance of weather modification and control activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding 1 year.
3. Research and development means theoretical analysis, exploration and experimentation and the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, devices, equipment, materials and processes.
4. Weather modification and control means changing or controlling, or attempting to change or control, by artificial methods the natural development of any or all atmospheric cloud forms or precipitation forms which occur in the troposphere.
Sec. 3. In the performance of his functions the director may, in addition to any other acts authorized by law:
1. Establish advisory committees to advise with and make recommendations to the director concerning legislation, policies, administration, research and other matters.
2. Establish by regulation or order such standards and instructions to govern the carrying out of research or projects in weather modification and control as the director may deem necessary or desirable to minimize danger to health or property, and make such regulations as are necessary in the performance of its powers and duties.
3. Make such studies, investigations, obtain such information and hold such hearings as the director may deem necessary or proper to assist it in exercising its authority or in the administration or enforcement of this chapter or any regulations or orders issued thereunder.
4. Appoint and fix the compensation of such personnel, without compliance with the provisions of chapter 284 of NRS, including specialists and consultants, as are necessary to perform his duties and functions.
5. Acquire, in the manner provided by law, such materials, equipment and facilities as are necessary to perform his duties and functions.
6. Cooperate with public or private agencies in the performance of the directors functions or duties and in furtherance of the purposes of this chapter.
7. Represent the state in any and all matters pertaining to plans, procedures or negotiations for interstate compacts relating to weather modification and control.
8. With approval of the governor, enter into cooperative agreements with the various counties and cities of this state or with any private or public agencies for conducting weather modification or cloud seeding operations.
κ1961 Statutes of Nevada, Page 693 (CHAPTER 349, SB 243)κ
9. Act for and represent the state and the counties, cities and private or public agencies in contracting with private concerns for the performance of weather modifications or cloud seeding operations.
Sec. 4. The director shall exercise his powers in such manner as to promote the continued conduct of research and development activities in the fields specified below by private public institutions or persons and to assist in the acquisition of an expanding fund of theoretical and practical knowledge in such fields. To this end the director may conduct, and make arrangements including contracts and agreements for the conduct of, research and development activities relating to:
1. The theory and development of methods of weather modification and control, including processes, materials and devices related thereto.
2. Utilization of weather modification and control for agricultural, industrial, commercial and other purposes.
3. The protection of life and property during research and operational activities.
Sec. 5. In the case of hearings held pursuant to section 17 of this act, the director shall, and in other cases may, cause a record of all proceedings to be taken and filed with the director, together with his findings and conclusions. For any hearing, the director or a representative designated by him is authorized to administer oaths and affirmations, examine witnesses and issue, in the name of the director, notice of the hearing or subpenas requiring any person to appear and testify, or to appear and produce documents, or both, at any designated place.
Sec. 6. 1. The director may, subject to any limitations otherwise imposed by law, receive and accept for and in the name of the state any funds which may be offered or become available from federal grants or appropriations, private gifts, donations or bequests, or from any other source, and may expend such funds, unless their use is restricted and subject to any limitations otherwise provided by law, for the administration of this act and for the encouragement of research and development by a state or public or private agency, either by direct grant, by contract or other cooperative means.
2. There is hereby established a continuing fund in the general fund in the state treasury to be known as the weather modification fund. All license and permit fees paid to the director shall be deposited in such fund. Any accumulation in such fund in excess of $5,000 shall revert immediately to the general fund.
Sec. 7. Except as provided in section 9 of this act, no person shall engage in activities for weather modification and control except under and in accordance with a license and a permit issued by the director authorizing such activities.
Sec. 8. The director, to the extent he deems practical, shall provide by regulation for exempting from the license, permit and liability requirements of this chapter:
1. Research and development and experiments by state and federal agencies, institutions of higher learning and bona fide nonprofit research organizations.
κ1961 Statutes of Nevada, Page 694 (CHAPTER 349, SB 243)κ
2. Laboratory research and experiments.
3. Activities of an emergent character for protection against fire, frost, sleet or fog.
4. Activities normally engaged in for purposes other than those of inducing, increasing, decreasing or preventing precipitation or hail.
Sec. 9. 1. Licenses to engage in activities for weather modification and control shall be issued to applicants therefor who pay the license fee required and who demonstrate, to the satisfaction of the director, competence in the field of meteorology reasonably necessary to engage in activities for weather modification and control. If the applicant is an organization, these requirements shall be met by the individual or individuals who are to be in control and in charge of the operation for the applicant.
2. The director shall issue licenses in accordance with such procedures and subject to such conditions as he may by regulation establish to effectuate the provisions of this chapter. Each license shall be issued for a period to expire at the end of the calendar year in which it is issued and, if the licensee possesses the qualifications necessary for the issuance of a new license, such license shall upon application be renewed at the expiration of such period. A license shall be issued or renewed only upon the payment to the board of $100 for the license or renewal thereof.
Sec. 10. The director shall issue permits in accordance with such procedures and subject to such conditions as he may by regulation establish to effectuate the provisions of this act only:
1. If the applicant is licensed pursuant to this chapter.
2. If a sufficient notice of intention is published and proof of publication is filed as required by section 13 of this act.
3. If the applicant furnishes proof of financial responsibility, as provided in section 14 of this act, in an amount as may be determined by the director but not to exceed $20,000.
4. If the fee for a permit is paid as required by section 15 of this act.
Sec. 11. A separate permit shall be issued for each operation. Prior to undertaking any weather modification and control activities the licensee shall file with the director and also cause to be published a notice of intention. The licensee, if a permit is issued, shall confine his activities for the permitted operation substantially within the time and area limits set forth in the notice of intention, unless modified by the director, and his activities shall also substantially conform to any conditions imposed by the director upon the issuance of the permit or to the terms of the permit as modified after issuance.
Sec. 12. The notice of intention shall set forth at least all the following:
1. The name and address of the licensee.
2. The nature and object of the intended operation and the person or organization on whose behalf it is to be conducted.
3. The area in which and the approximate time during which the operation will be conducted.
4. The area which is intended to be affected by the operation.
κ1961 Statutes of Nevada, Page 695 (CHAPTER 349, SB 243)κ
5. The materials and methods to be used in conducting the operation.
Sec. 13. 1. The applicant shall cause the notice of intention, or that portion thereof including the items specified in section 12 of this act, to be published at least once a week for 3 consecutive weeks in a newspaper having a general circulation and published within any county in which the operation is to be conducted and in which the affected area is located, or, if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county.
2. Proof of publication, made in the manner provided by law, shall be filed by the licensee with the director within 15 days from the date of the last publication of the notice.
Sec. 14. Proof of financial responsibility may be furnished by an applicant by his showing, to the satisfaction of the director, his ability to respond in damages for liability which might reasonably be attached to or result from his weather modification and control activities in connection with the operation for which he seeks a permit.
Sec. 15. The fee to be paid by each applicant for a permit shall be equivalent to 1 1/2 percent of the estimated cost of such operation, such cost to be estimated by the director from the evidence available to him. The fee is due and payable to the director as of the date of the issuance of the permit, but if the applicant is able to give to the director satisfactory security for the payment of the balance, he may be permitted to commence the operation, and a permit may be issued therefor, upon the payment of not less than 50 percent of the fee. The balance due shall be paid within 3 months from the date of the termination of the operation as prescribed in the permit. Failure to pay a permit fee as required is grounds for suspension or revocation of the license of the delinquent permitholder and grounds for refusal to renew his license or to issue any further permits to such person.
Sec. 16. 1. Each licensee shall keep and maintain a record of all operations conducted by him pursuant to his license and each permit, showing the method employed, the type of equipment used, materials and amounts thereof used, the times and places of operation of the equipment, the name and post office address of each individual participating or assisting in the operation other than the licensee, and such other general information as may be required by the director, and shall report the same to the director at the time and in the manner required by the director.
2. The director shall require written reports in such manner as he provides but not inconsistent with the provisions of this chapter, covering each operation for which a permit is issued. The director shall also require written reports from such organizations as are exempt from the license, permit and liability provisions of section 8.
3. All information on an operation shall be submitted to the director before any information on such operation may be released to the public.
κ1961 Statutes of Nevada, Page 696 (CHAPTER 349, SB 243)κ
director before any information on such operation may be released to the public.
4. The reports and records in the custody of the director shall be open for public examination.
Sec. 17. 1. The director may suspend or revoke any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary for the issuance of a new license or permit. The director may suspend or revoke any license or permit if it appears that the licensee has violated any of the provisions of this chapter. Such suspension or revocation shall occur only after notice to the licensee and a reasonable opportunity granted such licensee to be heard respecting the grounds for the proposed suspension or revocation. The director may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with any provisions of this chapter.
2. The director may modify the terms of a permit after issuance thereof if the licensee is first given notice and a reasonable opportunity for a hearing respecting the grounds for the proposed modification and if it appears to the director that it is necessary for the protection of the health or the property of any person to make the modification proposed.
Sec. 18. Nothing in this chapter shall be construed to impose or accept any liability or responsibility on the part of the state or any state officials or employees for any weather modification and control activities of any private person or group, or to affect in any way any contractual, tortious or other legal rights, duties or liabilities between any private persons or groups.
Sec. 19. Any person violating any of the provisions of this chapter or any lawful regulation or order issued pursuant thereto shall be guilty of a misdemeanor and a continuing violation is punishable as a separate offense for each day during which it occurs.
Sec. 20. NRS 532.190 is hereby repealed.
Sec. 21. This act shall become effective upon passage and approval.
________
Assembly Bill No. 76Mr. Rowntree
CHAPTER 350
AN ACT to amend chapter 612 of NRS, relating to unemployment compensation, by creating a new provision excluding services performed by outside salesmen of merchandise on commission basis from employment under the Unemployment Compensation Law; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 612 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1961 Statutes of Nevada, Page 697 (CHAPTER 350, AB 76)κ
Employment shall not include services performed as an outside salesman of merchandise if such services are paid for solely on a commission basis and are performed outside of all the places of business of the employer for whom they are performed, if it is shown to the satisfaction of the executive director that such individual has been and will continue to be free from control or direction over the performance of such services, both under his contract of service and in fact.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 220Messrs. Christensen and Valentine
CHAPTER 351
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 3 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 463, Statutes of Nevada 1959, at page 812, is hereby amended to read as follows:
Section 3. 1. The legislative power of the city, except as hereinafter provided, shall be vested in a city council, consisting of five members, who shall hold office for the term of four years. They shall be actual bona fide residents of the city for a period of three years or more preceding their election and taxpayers in the city and qualified electors of their respective wards whose names appear upon the official register as electors of such ward, and residents thereof within the corporate limits of said city; provided, that no person shall be eligible for the office of councilman who shall not be an actual bona fide resident in the ward to be represented by him at the time designated as the last day of filing for such office. Such person must reside in the city during his term of office.
2. The council shall elect one from among their number who shall have the title of mayor. The mayor shall preside at meetings of the council, and shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law, but shall have no regular administrative duties.
3. The council shall also elect one from among their number as assistant mayor, who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs he shall become mayor for the completion of the unexpired term.
4. Both the mayor and the assistant mayor shall be elected for a term of 2 years and either may be removed from that position by an affirmative vote of three members of the council.
κ1961 Statutes of Nevada, Page 698 (CHAPTER 351, AB 220)κ
term of 2 years and either may be removed from that position by an affirmative vote of three members of the council.
Sec. 2. Section 3.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 375, is hereby amended to read as follows:
Section 3.02. Any vacancy occurring in the office of councilman shall be filled by the [mayor and] council at a regular meeting within thirty days after such vacancy, when the council [and the mayor, who shall have the same voting power thereon as a councilman,] shall by a majority vote of the whole council elect some person possessing the requisite qualifications as hereinbefore prescribed, who shall hold said office until the election and qualification of a councilman at the next regular general city election.
Sec. 3. Section 3.03 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by Statutes of Nevada 1961, is hereby amended to read as follows:
Section 3.03. A majority of all members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and with the approval of the [mayor,] city manager, compel the attendance of the absent members. No ordinance shall be passed except by a majority vote of the whole council. They may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings, and upon the call of any one member, or the [mayor,] city manager, must cause the yeas and nays to be taken and entered upon its journal upon any question before it. Its deliberations, sessions, and all proceedings must be public. The councilmen, including the mayor, shall receive such salary as may be prescribed from time to time by ordinance, not exceeding the sum of $1,200 per annum for each councilman, payable monthly or semimonthly.
Sec. 4. Section 3.04 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 376, is hereby amended to read as follows:
Section 3.04. The city council shall hold regular meetings on the second and fourth Mondays of each month and shall continue in session from day to day until the unfinished business of each regular meeting shall have been fully and finally disposed of, so far as practicable. Special meetings may also be held on a call of the [mayor,] city manager, or by a majority of the council; provided, that no contract involving the expenditure of money shall be made or any ordinance passed, except an emergency ordinance as hereinafter provided, or claim allowed at any such special meeting; and provided further, that no business shall be transacted as such special meeting except such as shall be stated in the call therefor.
Sec. 5. Section 3.05 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 376, is hereby amended to read as follows:
Section 3.05. Upon the passage of all ordinances, resolutions, or motions the yeas and nays shall be taken and the clerk shall enter the same and the vote of each member [, as well as the mayors vote in cases of tie,] in the journal.
κ1961 Statutes of Nevada, Page 699 (CHAPTER 351, AB 220)κ
the same and the vote of each member [, as well as the mayors vote in cases of tie,] in the journal.
Sec. 6. Section 3.06 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 107, Statutes of Nevada 1960, at page 124, is hereby amended to read as follows:
Section 3.06. The style of all ordinances shall be as follows: The City Council of the City of Sparks do ordain, and all proposed ordinances when first proposed shall be read by title to the city council and referred to a committee for consideration, after which an adequate number of copies of the ordinance shall be filed with the city clerk for public distribution, and notice of such filing shall be published once in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the adoption of the ordinance, or the ordinance as amended, within 30 days from the date of such publication. In cases of emergency, by unanimous consent of the whole council, final action may be taken immediately or at a special meeting called for that purpose, and no notice of the filing of copies of the ordinance with the city clerk need be published. At the next regular meeting or adjourned meeting of the council following the proposal of an ordinance and its reference to committee, such committee shall report such ordinance back to the council, and thereafter it shall be read in full as first introduced, or if amended, as amended, and thereupon the proposed ordinance shall be finally voted upon or action thereon postponed. All ordinances shall be signed by the [mayor,] city manager, attested by the city clerk, and be published in full, together with the names of the councilmen voting for or against their passage, in a newspaper published in the city of Sparks, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, for at least one publication in such newspaper, before the same shall go into effect; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the city council, no further publication shall be deemed necessary. The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher and the book or a certified copy of the ordinances therein recorded, under the seal of the city, shall be received as prima facie evidence in all courts and places without further proof, of if published in book or pamphlet form, by authority of the city council, they shall be so received.
The council shall have the power to revise, codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the council, have incorporated therein the charter of the city and such additional data as the council may prescribe. When such a publication is published, two copies shall be filed with the state librarian of the state library, and thereafter the same shall be received in all courts of this state as an authorized revision and codification of the municipal ordinances and a compilation of the charter of the city of Sparks. The ordinances in such code shall be arranged in appropriate chapters, articles, and sections, excluding the titles, enacting clauses, signatures of the mayor, attestations and other formal parts.
κ1961 Statutes of Nevada, Page 700 (CHAPTER 351, AB 220)κ
shall be arranged in appropriate chapters, articles, and sections, excluding the titles, enacting clauses, signatures of the mayor, attestations and other formal parts. Such revision and codification shall be adopted by an ordinance and the only title necessary for such ordinance shall be An ordinance for revising, codifying and compiling the general ordinances of the city of Sparks. Such municipal code may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 7. Section 3.07 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 377, is hereby amended to read as follows:
Section 3.07. The council shall have the power to punish any member for disorderly conduct committed in its presence and to compel the attendance of witnesses and the production of all papers relating to any business before the council; and may punish disobedience of tis subpena or any contemptuous or disorderly conduct committed in its presence, by fine not exceeding fifty dollars or imprisonment not in excess of twenty-five days, or both such fine and imprisonment. The mayor, assistant mayor [pro tem] while acting in the stead of the mayor, and the city clerk shall have power to administer oaths and affirmations relating to any business pertaining to the city before the council or to be considered by it.
Sec. 8. (This section deleted by amendment.)
Sec. 9. Section 4 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by Statutes of Nevada 1961, is hereby amended to read as follows:
Section 4. There shall be a city clerk who may be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of the city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise provided for. He shall be clerk of the council, attend all its proceedings, and shall audit all claims against the city. He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the [mayor] city manager and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the [mayor.] city manager. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the council not exceeding $10,000 per annum payable semi-monthly.
κ1961 Statutes of Nevada, Page 701 (CHAPTER 351, AB 220)κ
per annum payable semi-monthly. He shall be a bona fide resident of the city of Sparks for at least three years prior to his election and a taxpayer therein.
Sec. 10. Section 8.04 of the above-entitled act being chapter 180, Statutes of Nevada 1949, at page 398, is hereby amended to read as follows:
Section 8.04. In all cases in which the police judge shall, by reason of being a party, or being interested or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability, for any reason, to act, any justice of the peace or police judge in said county, on the written request of the [mayor,] city council, may act in the place and stead of said police judge, and the council shall have power to apportion ratably the salary of such police judge to such justice of the peace or other police judge so serving, and deduct the sum so apportioned from the salary of the police judge.
Sec. 11. Section 9 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 398, is hereby amended to read as follows:
Section 9. There shall be a chief of police of said city. He shall be appointed by the [mayor,] city manager, subject to confirmation by the council. He must be a citizen of the United States of America not less than twenty-five years of age. The chief of police shall command and control the police force and have power to appoint an assistant chief of police and such necessary number of policemen as may be ordered by the council, such appointees to be subject to approval and confirmation of the council, and the salaries and compensations of all members of the police force shall be fixed by the council. The chief of police shall be vigilant in the detection of criminals and offenders and the speedy apprehension of the same, and shall diligently see that all ordinances of the city of a police nature, the general laws and the provisions of this charter are rigidly enforced and observed.
Sec. 12. Section 10 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 111, Statutes of Nevada 1953, at page 113, is hereby amended to read as follows:
Section 10. There shall be a chief of the fire department, who shall be appointed by the [mayor,] city manager, subject to the confirmation of the council. He shall be at least twenty-five years of age and a citizen of the United States. He shall see that all laws, rules, regulations and ordinances concerning the department are carried into effect and observed. He shall diligently observe the condition of all apparatus in use by the department from time to time, shall report to the council with his recommendations for the betterment of the department, and to increase its efficiency. He shall have power, subject to confirmation by the council, to appoint the necessary number of firemen as may be required by the council. He shall exert himself to protect property from fire, and generally to exercise vigilance for the safety of the city against conflagrations. He shall receive such salary or compensation as may be prescribed by the city council.
Sec. 13. Section 11 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 399, is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 702 (CHAPTER 351, AB 220)κ
Statutes of Nevada 1949, at page 399, is hereby amended to read as follows:
Section 11. There shall be a city engineer, who shall be appointed by the [mayor,] city manager, subject to the confirmation of the city council. Any person so appointed shall hold a license as a civil engineer and land surveyor issued by the Nevada state board of registered professional engineers.
Sec. 14. Section 11.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 111, Statutes of Nevada 1953, at page 113, is hereby amended to read as follows:
Section 11.02. It shall be the duty of the city engineer, when instructed by the city council, to prepare plans, specifications, and cost estimates for all public improvements made within the city, as well as supervise the construction thereof. He shall recommend needed improvements to the [mayor] city manager and the city council. The city engineer shall cause to be carried out all necessary public improvement work and the engineering incident thereto when directed to proceed with such projects by the [mayor] city manager and the city council. He shall receive such salary or compensation as may be prescribed by the city council.
Sec. 15. Section 12 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by Statutes of Nevada 1961, is hereby amended to read as follows:
Section 12. There shall be a building inspection department, the chief officer of which shall be the building inspector. He shall be appointed by the [mayor] city manager subject to confirmation by three-fifths of the whole council, and shall be in complete charge of all buildings and construction work inspections and of the issuance of all permits required in such work.
He shall receive such salary as may be prescribed by the city council and shall have such other and additional duties as the city council may prescribe, and shall be subject to all rules and regulations of other appointive officers of the city.
Sec. 15.1. Section 12.01 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by Statutes of Nevada 1961, is hereby amended to read as follows:
Section 12.01. 1. There is hereby created a city health department, the chief officer of which shall be the health officer. He shall be a physician licensed to practice medicine in the State of Nevada with training and experience in the control and management of communicable diseases. He shall be appointed by the [mayor,] city manager, subject to confirmation by a majority of the whole council, and shall be in complete charge of all health and sanitation.
2. The health officer may make all necessary regulations for the preservation of health and suppression of disease and to prevent the introduction of contagious, infectious or other diseases into the city, and he may proclaim and enforce quarantines.
3. The council may, by ordinance, prescribe a salary for the health officer.
κ1961 Statutes of Nevada, Page 703 (CHAPTER 351, AB 220)κ
Sec. 16. Section 14 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by Statutes of Nevada 1961, is hereby amended to read as follows:
Section 14. The fees, salaries, or other compensations of officers or other persons employed by the city shall be regulated in the case of all elective officers of the city by duly enacted ordinances and as to all appointive officers, such as the police chief, chief of the fire department, and city engineer, and any other head of a department, by resolutions duly enacted by the city council. The compensation of all other city employees shall be fixed by motion of the council. All claims for fees, salaries, and all expenses necessarily incurred in carrying on the legitimate purposes and properly administering the duties of the city government, and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the council at the first regular meeting thereafter of each and every month, and the council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by the majority of the council, the city clerk shall certify all such claims or portions allowed, as the case may be, to the [mayor,] city manager, who shall draw a warrant upon the treasurer, and the same shall be paid by him. On paying any warrant, the treasurer shall write or stamp across the face thereof, in red ink, the work Redeemed, with the date of such redemption, and sign his name thereto officially, and the warrant so canceled shall be sufficient voucher for the treasurer in his settlement with the council, which shall take place annually, on the third Monday of December of each year. The council may at any time require a statement and settlement with said treasurer.
Sec. 17. Section 14.04 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by Statutes of Nevada 1961, is hereby amended to read as follows:
Section 14.04. No ordinance, order, or resolution of the council, having for its object or effect, directly or indirectly, the increasing of the salary or compensation of any officer of or person employed under the city government, in excess of the maximum amount as herein provided for, shall be valid or effective for any purpose or purposes whatsoever. The council may, in the exercise of its sound discretion, decrease the salaries or compensation of the members thereof, or of any officer of the city, whether elective or appointive, and such decrease shall take effect immediately. [But no such decrease shall apply to or affect the then incumbent in the office of mayor.]
Sec. 18. Section 16 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 108, Statutes of Nevada 1961, is hereby amended to read as follows:
Section 16. A primary municipal election shall be held in the city on the first Tuesday after the first Monday in May 1963, and on the same day every 4 years thereafter, at which time there shall be nominated candidates for [mayor,] city clerk, councilmen as hereinbefore provided, city attorney and police judge.
κ1961 Statutes of Nevada, Page 704 (CHAPTER 351, AB 220)κ
A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of [$50 for filing an affidavit of candidacy for the office of mayor, or a filing fee of $25 for filing an affidavit of candidacy for any other office.] $25. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
All candidates, except candidate for councilmen, shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter, and from which they file their candidacy.
The names of the two candidates receiving the highest numbers of votes in the primary municipal election shall be placed on the ballot for the general city election.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1963, and on the same day every 4 years thereafter, at which time there shall be elected [one mayor,] one city clerk, councilmen as hereinbefore provided, one city attorney and one police judge. All candidates [, except candidates for councilmen,] at the general municipal election shall be voted upon by the electors of the city at large. [Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter.]
All elections held under this charter shall be governed by the provisions of the election laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and so all other or further things required to carry the same into effect.
The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May 1959, shall hold office until the first regular meeting of the council next succeeding that in which canvass of returns is made following the general municipal election to be held in June 1963.
Sec. 18.1. Section 16 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 108, Statutes of Nevada 1961, is hereby amended to read as follows:
Section 16. A primary municipal election shall be held in the city on the first Tuesday after he first Monday in May 1963, and on the same day ever 4 years thereafter, at which time there shall be nominated candidates for [mayor,] city clerk, councilmen as hereinbefore provided, city attorney and police judge.
κ1961 Statutes of Nevada, Page 705 (CHAPTER 351, AB 220)κ
A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of [$50 for filing an affidavit of candidacy for the office of mayor, or a filing fee of $25 for filing an affidavit of candidacy for any other office.] $25. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
All candidates, except candidates for councilmen, shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wars in which they reside, in accordance with the provisions of this charter, and from which they file their candidacy.
The names of the two candidates receiving the highest numbers of votes in the primary municipal election shall be placed on the ballot for the general city election.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1963, and on the same day every 4 years thereafter, at which time there shall be elected [one mayor,] one city clerk, councilmen as hereinbefore provided, one city attorney and one police judge. All candidates, except candidates for councilmen, at the general municipal election shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter.
All elections held under this charter shall be governed by the provisions of the election laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.
The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May 1959, shall hold office until the first regular meeting of the council next succeeding that in which canvass of returns is made following the general municipal election to be held in June 1963.
Sec. 18.2. Section 16 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 108, Statutes of Nevada 1961, is hereby amended to read as follows:
Section 16. A primary municipal election shall be held in the city on the first Tuesday after the first Monday in May 1963, and on the same day every 4 years thereafter, at which time there shall be nominated candidates for mayor, city clerk, councilmen as hereinbefore provided, city attorney and police judge.
A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary election.
κ1961 Statutes of Nevada, Page 706 (CHAPTER 351, AB 220)κ
election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50 for filing an affidavit of candidacy for the office of mayor, or a filing fee of $25 for filing an affidavit of candidacy for any other office. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
All candidates, except candidates for councilmen, shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter, and from which they file their candidacy.
The names of the two candidates receiving the highest numbers of votes in the primary municipal election shall be placed on the ballot for the general city election.
A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1963, and on the same day every 4 years thereafter, at which time there shall be elected one mayor, one city clerk, councilmen as hereinbefore provided, one city attorney and one police judge. All candidates [, except candidates for councilmen,] at the general municipal election shall be voted upon by the electors of the city at large. [Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter.]
All elections held under this charter shall be governed by the provisions of the election laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.
The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May 1959, shall hold office until the first regular meeting of the council next succeeding that in which canvass of returns is made following the general municipal election to be held in June 1963.
Sec. 19. Section 16.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 405, is hereby amended to read as follows:
Section 16.02. The election returns from any city special, general or primary election shall be filed with the city clerk, who shall immediately place them in a safe or vault, and no person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the [mayor] city manager and council. The [mayor] city manager and council shall meet within five days after any city election and canvass the returns and declare the result. The election returns shall then be sealed up and kept by the city clerk for six months, and no person shall have access thereto, except on order of a court of general jurisdiction, or by resolution of the council.
κ1961 Statutes of Nevada, Page 707 (CHAPTER 351, AB 220)κ
person shall have access thereto, except on order of a court of general jurisdiction, or by resolution of the council. The city clerk, under his hand and the official seal, shall issue a certificate of election, in accordance with the result as declared by the council, to each person declared to be elected. The officers so elected shall qualify and enter upon the discharge of their respective duties on the first regular meeting of the council next succeeding that in which returns where made and canvassed as above provided. Each officer elected under this charter shall serve for the term for which he was elected and until his successor shall have been duly elected and qualified.
Sec. 20. Section 17 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by Statutes of Nevada 1961, is hereby amended to read as follows:
Section 17. [1. The city council shall appoint a city manager who shall be the chief administrative officer of the city and who shall be responsible to the mayor and city council for the proper administration of the affairs of the city placed within his jurisdiction. Such manager shall be selected on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during the tenure of office he shall actually reside within the city of Sparks.] The city manager shall be the chief executive officer and the head of the administrative branch of the city government and shall devote his entire time to his duties. He shall be responsible to the council for the proper administration of all affairs of the city and to that end, subject to the civil service provisions of this charter, he shall have the power and shall be required to:
1. Appoint all officers and employees of the city and, when necessary for the good of the service, remove any officer or employee of the city except as otherwise provided by this charter and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office.
2. Prepare the budget annually and submit it to the council and be responsible for its administration after adoption.
3. Prepare and submit to the council as of the end of the fiscal year an inventory of all city-owned property and a complete report of the finances and administrative activities of the city for the preceding year.
4. Keep the council advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable.
5. Perform such other duties as may be prescribed by this charter or required of him by the council, not inconsistent with this charter.
6. Be bonded, the amount to be determined by the council.
The city manager cannot be removed from office except by a majority vote of the council. He shall serve at the will of the council, and in case of his removal he may demand written charges and a public hearing thereon before the council, prior to the date upon which his final removal is to take place; but the decision and action of the council upon such hearing shall be final, and pending such hearing the council may suspend him from duty.
κ1961 Statutes of Nevada, Page 708 (CHAPTER 351, AB 220)κ
final removal is to take place; but the decision and action of the council upon such hearing shall be final, and pending such hearing the council may suspend him from duty.
[During the absence or disability of the city manager, the council shall designate some properly qualified person to perform his duties. Whenever a vacancy occurs in the office of the city manager, the council shall proceed immediately to appoint a city manager.
The city manager shall receive an annual salary of not more than $12,000, as may be fixed by the council by resolution, and before entering on the performance of his duties shall take the official oath of office.
2. The city manager shall be responsible to the council for the efficient administration of all the affairs of the city. He shall have the power, and it shall be his duty:
(a) To exercise a careful supervision of the citys general affairs.
(b) To see that all laws and ordinances are duly enforced, and he is hereby declared to be beneficially interested in their enforcement and to have the power to sue in the proper court to enforce them.
(c) To exercise control over all departments, divisions and bureaus of the city government and over all the appointive officers and employees thereof.
(d) Except when the council is considering his removal, to attend all regular meetings of the council and its committees, with the right to take part in discussions, but without power to vote. He shall receive notice of all special meetings.
(e) To recommend to the council for adoption such measures and ordinances as he may deem necessary or expedient.
(f) To make investigations into the affairs of the city, or any department of division thereof, or any contract, or the proper performance of any obligation running to the city.
(g) To prepare and submit to the council the annual budget.
(h) To keep the council at all times fully advised as to the financial condition and needs of the city.
(i) To submit to the council, at least once each month, a list of all claims and bills approved for payment by him.
(j) To devote his entire time to the duties and interests of the city.
(k) To perform such other duties as may be prescribed by this charter or be required by ordinance or resolution of the council.]
Sec. 21. Section 19 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 17, Statutes of Nevada 1960, at page 17, is hereby amended to read as follows:
Section 19. There shall be a civil service commission of the city of Sparks, Nevada. The civil service commission shall consist of three citizens, not more than two of whom shall at any time belong to the same political party. After the effective date of this amendatory act the [mayor,] city manager, with confirmation by the city council, shall appoint three members of the civil service commission, one for a term of 1 year, one for a term of 2 years and one for a term of 3 years.
κ1961 Statutes of Nevada, Page 709 (CHAPTER 351, AB 220)κ
years. Thereafter appointments shall be made for terms of 3 years. Every person appointed a member of the commission shall, before entering upon the duties of his office, take and subscribe the oath of office prescribed by the constitution of this state, and file the same, duly certified by the officer administering it, with the clerk of the city. No person shall be eligible for appointment as a member of the commission, and no person shall continue as a member of the commission, unless he shall be a resident and taxpayer of the city of Sparks, who shall otherwise have no connection with the city government and who shall hold no elective office. Vacancies on the civil service commission from whatever cause shall be filled by appointment by the [mayor,] city manager, subject to confirmation by the city council. The council shall provide for such employees as shall be necessary to enable the civil service commission to carry out properly the duties prescribed herein. Each member of the civil service commission shall receive as compensation for his services the sum of ten dollars for each full meeting attended by him.
Sec. 22. Section 19.01 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, at page 818, is hereby amended to read as follows:
Section 19.01. The commission shall prepare and adopt rules and regulations to govern the selection and appointment of all employees of the city of Sparks within the provisions of this article and such rules and regulations shall be designed to secure the best service for the public. Such rules and regulations shall provide for ascertaining, as far as possible, the physical qualifications, the habits, and the reputation and standing and experience of all applicants for positions, and they may provide for competitive examination of some or all in such subjects as shall be deemed proper for the purpose of best determining their qualifications for the position sought. Such rules and regulations may provide for the classification of positions in the service and for a special course of inquiry and examination for candidates of each class. Such rules and regulations may further provide for disciplinary, suspension, demotion and dismissal proceedings and shall further govern promotions and advancements. Such rules and regulations may further classify, in accordance with duties and salaries, all offices and positions within the provisions of this article. A copy of all rules and regulations made by the commission and all changes therein shall be filed in the office of the city clerk. The commission shall, by rule, provide for a probationary period of 6 months during which any employee within the provisions of this article may be suspended, removed or otherwise disciplined by the head of the appropriate department, or by the [mayor,] city manager, without hearing or other action by the commission. The commission shall cause the rules and regulations so prepared and adopted, and all changes therein, to be printed or otherwise reproduced and distributed as they shall deem necessary, and the expense thereof shall be certified by the commission, and shall be paid by the city. All selections of persons for employment or appointment or promotion, in any department of the city within the provisions of this article, shall be made in accordance with such rules and regulations.
κ1961 Statutes of Nevada, Page 710 (CHAPTER 351, AB 220)κ
employment or appointment or promotion, in any department of the city within the provisions of this article, shall be made in accordance with such rules and regulations.
Sec. 23. Section 19.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, at page 818, is hereby amended to read as follows:
Section 19.02. After rules and regulations have been adopted, as provided in section 19.01 of this article, they shall be amended or modified by the commission only after the commission shall have caused a notice, containing the proposed amendment or modification and specifying a time certain when the commission will meet and hear objections to the adoption of such proposed amendment or modification to be given in writing to the [mayor] city manager and members of the city council and to the head of each department affected by such amendment or modification, and to be posted on the bulletin board or in a conspicuous place accessible to the employees in each department affected by such proposed amendment or modification not less than 10 days before the date of such meeting.
Sec. 24. Section 19.06 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, at page 819, is hereby amended to read as follows:
Section 19.06. All employees of the city of Sparks who have been so employed for 6 or more months prior to the effective date of this amendatory act shall be confirmed in their present positions. All employees of the city of Sparks who have been so employed for less than 6 months prior to the effective date of this amendatory act shall be considered to be in a probationary period, and may, after the completion of 6 months employment, be considered for confirmation as provided in this article. All employees of the city of Sparks hereafter employed pursuant to the provisions of this article and confirmed by the city council after successfully serving the probationary period as provided in this article shall hold their respective positions and employment at the pleasure of the [mayor,] city manager, subject to hearing as provided in this article. All vacancies in existing or newly created positions subject to the provisions of this article shall be filled by the promotion of employees in the service, and who have proved their fitness for such promotion; provided, however, that the provisions of this article shall not apply to persons employed on a temporary basis and for a period not contemplated to exceed 6 months during any calendar year.
Sec. 25. Section 19.08 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, at page 820, is hereby amended to read as follows:
Section 19.08. Whenever a written complaint against any member of any of the departments within the provisions of this article is made to the [mayor,] city manager, he shall immediately communicate the same to the commission and a hearing may be ordered by the commission as herein provided, if in the opinion of the commission such a hearing will be for the good of the service.
κ1961 Statutes of Nevada, Page 711 (CHAPTER 351, AB 220)κ
Sec. 26. Section 19.09 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, at page 820, is hereby amended to read as follows:
Section 19.09. The [mayor] city manager may suspend for a period not exceeding 30 days or discharge or demote any employee of the city within the provisions of this article for the betterment of the service or for other justifiable cause, but if he does so, he shall immediately report the same to the secretary of the commission and at the same time deliver to the commission a copy of the complaint setting forth the reason for such discharge, suspension or demotion and the name of the complainant, if other than the [mayor.] city manager. Within 10 days after such discharge, suspension or demotion, the employee so discharged, suspended or demoted may appeal to the commission by filing with the secretary thereof a notice of appeal in the following or similar form: To the Civil Service Commission of Sparks, Nevada: Please take notice that I appeal from the order of the [mayor] city manager of the City of Sparks, dated .., 19 .., demoting (discharging or suspending) me. The notice of appeal shall be signed by the employee demoted, discharged or suspended and shall clearly state the name and the address of such employee.
Sec. 27. Section 19.16 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, at page 821, is hereby amended to read as follows:
Section 19.16. Upon the request of the [mayor,] city manager, advising the commission of matters requiring consideration, the commission shall call a meeting within 5 days after receipt of such request for the consideration of such matters as may have been noticed, and the commission shall provide by rule for the holding of not less than one regular meeting per month to be held on the same day of each calendar month, which meeting shall be open to the public.
Sec. 28. Article I of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended by adding thereto a new section to be designated section 1.04, which shall immediately follow section 1.03, and shall read as follows:
Section 1.04. The municipal government provided by this charter shall be known as the council-manager government. Pursuant to its provisions and subject only to the limitations imposed by the state constitution and by this charter, all powers of the city shall be vested in an elective council.
Sec. 29. Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended by adding thereto a new section to be designated section 3.095, which shall immediately follow section 3.09, and shall read as follows:
Section 3.095. The council shall appoint an officer of the city who shall have the title of city manager and shall have the powers and perform the duties provided in this charter. No councilman shall receive such appointment during the term for which he has been elected, nor within 1 year after the expiration of his term.
Sec. 30. Article XVII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended by adding thereto a new section to be designated section 17.01, which shall immediately follow section 17, and shall read as follows:
κ1961 Statutes of Nevada, Page 712 (CHAPTER 351, AB 220)κ
Statutes of Nevada 1949, is hereby amended by adding thereto a new section to be designated section 17.01, which shall immediately follow section 17, and shall read as follows:
Section 17.01. 1. The city manager shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth.
2. At the time of his appointment, the city manager need not be a resident of the city or state, but during his tenure of office he shall reside within the city.
3. The city manager shall receive such salary as may be prescribed by ordinance.
Sec. 31. Article XVII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, is hereby amended by adding thereto a new section to be designated section 17.02, which shall immediately follow section 17.01, and shall read as follows:
Section 17.02. To perform his duties during his temporary absence or disability, the city manager may designate by letter filed with the city clerk a qualified administrative officer of the city. In the event of failure of the city manager to make such designation, the council may by resolution appoint an officer of the city to perform the duties of the city manager until he shall return or his disability shall cease.
Sec. 32. Article II of the above-entitled act, being chapter 180, Statutes of Nevada 1949, and consisting of sections 2 to 2.06, inclusive, is hereby repealed.
Sec. 33. 1. At the general election to be held in the State of Nevada in November 1962, the question of whether the city of Sparks shall be governed by a council-manager form of government, and the question whether city councilmen shall be elected at large at city general elections, shall be submitted separately to the registered voters of such city. The city council shall canvass the returns and declare the results of the election.
2. If a majority of such voters voting at such election approve both such questions, all sections of this act except sections 18.1 and 18.2 shall become effective immediately upon completion of the canvass and declaration of the results, and sections 18.1 and 18.2 shall not become effective. On such date the term of office of the incumbent mayor of the City of Sparks shall expire and a mayor shall be selected as provided in section 1 of this act.
3. If a majority of such voters voting at such election approve the council-manager form of government and disapprove election of city councilmen at large at city general elections, all sections of this act except sections 18 and 18.2 shall become effective immediately upon completion of the canvass and declaration of the results, and sections 18 and 18.2 shall not become effective. On such date the term of office of the incumbent mayor of the City of Sparks shall expire and a mayor shall be selected as provided in section 1 of this act.
4. If a majority of such voters voting at such election approve election of city councilmen at large at city general elections and disapprove the council-manager form of government, all sections of this act except sections 18 and 18.1 shall become effective immediately upon completion of the canvass and declaration of the results, and sections 18 and 18.1 shall not become effective.
κ1961 Statutes of Nevada, Page 713 (CHAPTER 351, AB 220)κ
election of city councilmen at large at city general elections and disapprove the council-manager form of government, all sections of this act except sections 18 and 18.1 shall become effective immediately upon completion of the canvass and declaration of the results, and sections 18 and 18.1 shall not become effective.
5. If a majority of such voters voting at such election disapprove both such questions, this act shall not become effective.
________
Assembly Bill No. 265Committee on Ways and Means
CHAPTER 352
AN ACT to amend NRS section 341.150, relating to engineering and architectural services provided by the state planning board, by eliminating the requirement that the board must award contracts to the lowest qualified bidder, and by permitting the board to reject any or all bids.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 341.150 is hereby amended to read as follows:
341.150 1. The state planning board shall furnish engineering and architectural services to all state departments, boards or commissions charged with the construction of any state building, the money for which is appropriated by the legislature. All such departments, boards or commissions are required and authorized to use such services.
2. The services shall consist of:
(a) Preliminary planning.
(b) Designing.
(c) Estimating of costs.
(d) Preparation of detailed plans and specifications.
The board may submit preliminary plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable. The cost of preparation of preliminary plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services shall be charges against the appropriations made by the legislature for any and all state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate funds. The costs shall not exceed the limitations that are or may be provided by the legislature.
3. The board shall:
(a) Have final authority for approval as to architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
(b) Solicit bids for and let all contracts for new construction or major repairs. [to the lowest qualified bidder.]
κ1961 Statutes of Nevada, Page 714 (CHAPTER 352, AB 265)κ
(c) Have authority to reject any or all bids.
(d) After the contract is let, have supervision and inspection of construction or major repairs. The cost of supervision and inspection shall be a charge against the appropriation or appropriations made by the legislature for the building or buildings.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 362Committee on Ways and Means
CHAPTER 353
AN ACT to amend NRS sections 284.110 and 284.115, relating to costs of administration of the state personnel act, by establishing a new procedure for payment of the costs of administration of such act by state departments, agencies and institutions; by creating funds; and by providing for the sources and uses of moneys in such funds; providing for the payment of such costs of administration during the transition to such new procedure; transferring and reverting moneys; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.110 is hereby amended to read as follows:
284.110 1. [A nonreverting working capital fund in the sum of $35,000 to be known as the personnel administration fund is hereby created.
2. The department is authorized and directed to accept on behalf of the state and to deposit in the personnel administration fund any grant or contribution, federal or otherwise, made to assist in meeting the cost of carrying out the purposes of this chapter.
3. All moneys received by the department from the Federal Government or from any other source shall be deposited in the personnel administration fund, and shall be paid out on claims against the fund as other claims against the state are paid.
4. All claims against the personnel administration fund shall be approved by the director before they are paid.] The personnel receipts fund and the personnel operating fund are hereby created in the state treasury. The personnel receipts fund shall be a continuing fund and no moneys in such fund shall revert to the general fund at any time.
2. The department is authorized and directed to accept on behalf of the state any grant or contribution, federal or otherwise, made to assist in meeting the costs of carrying out the purposes of this chapter. All such grants and contributions, except for moneys received pursuant to NRS 284.115, shall be deposited in the personnel receipts fund.
3. No moneys shall be expended directly from the personnel receipts fund but shall first be transferred to the personnel operating fund. All costs of administering the provisions of this chapter shall be paid out of the personnel operating fund on claims in the same manner as other claims against the state are paid.
κ1961 Statutes of Nevada, Page 715 (CHAPTER 353, AB 362)κ
of the personnel operating fund on claims in the same manner as other claims against the state are paid.
4. All claims against the personnel operating fund shall be approved by the director before they are paid.
Sec. 2. NRS 284.115 is hereby amended to read as follows:
284.115 1. [The director shall maintain accurate records reflecting the cost of administering the provisions of this chapter. At the close of each quarter-year period, he shall summarize the cost, and shall bill each department, agency or institution with a pro rata share of the administrative cost based on the relationship between the quarterly average number of employees in the classified service of such department, agency or institution and the quarterly average number of employees in the classified service of all the departments, agencies or institutions for the appropriate calendar quarter.
2. All departments, agencies and institutions operating under the provisions of this chapter shall include in their budgets sufficient amounts to meet their pro rata shares of the cost of administering this chapter and shall remit such shares quarterly from the funds of the departments, agencies and institutions to the personnel administration fund in the manner provided by law.] The director shall:
(a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.
(b) Between July 1 and August 1 of each even-numbered year, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost per budgeted classified position of carrying out the functions of the department for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of such cost.
2. Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost per budgeted classified position, as determined by the director, multiplied by the number of budgeted classified positions provided for in the budget of such department, agency or institution.
3. On July 1 of each year each department, agency and institution shall pay to the director for deposit in the personnel operating fund the amount of money appropriated to or authorized for such department, agency or institution for personnel administration costs pursuant to its budget.
4. Any moneys remaining in the personnel operating fund on July 1 of any year shall revert to the fund to which originally appropriated in proportion to the contribution from such fund.
Sec. 3. On July 1, 1961, and July 1, 1962, each department, agency and institution shall pay to the director of the state department of personnel for deposit in the personnel operating fund all moneys appropriated to or authorized for such department, agency or institution for personnel administration costs for the fiscal year commencing on that date.
Sec. 4. On July 1, 1961, all moneys in the personnel administration fund received from any source other than direct legislative appropria tion, including all moneys received from the Federal Government, shall be transferred to the personnel receipts fund, and all moneys in the personnel administration fund which were received as a result of direct legislative appropriation shall revert to the general fund.
κ1961 Statutes of Nevada, Page 716 (CHAPTER 353, AB 362)κ
tion, including all moneys received from the Federal Government, shall be transferred to the personnel receipts fund, and all moneys in the personnel administration fund which were received as a result of direct legislative appropriation shall revert to the general fund.
________
Assembly Bill No. 365Washoe County Delegation (by request)
CHAPTER 354
AN ACT to amend an act entitled An Act concerning and relating to certain county officers in Washoe County, Nevada, and fixing their compensation and allowances, approved March 21, 1945, as amended.
[Approved April 6, 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 102, Statutes of Nevada 1945, as last amended by chapter 19, Statutes of Nevada 1960, at page 19, is hereby amended to read as follows:
Section 1. The compensation of the respective officers of Washoe County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited, and fixed monthly:
The sheriff of Washoe County shall receive a salary of $9,000 per annum, and such commissions as ex officio license collector, as are now allowed by law.
The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Washoe, State of Nevada, are parties thereto.
The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of $9,000 per annum.
The county assessor shall receive a salary of $9,000 per annum.
The county assessor shall also receive a further sum of not more than $500 per annum for traveling expenses.
The district attorney shall receive a salary of $12,000 per annum.
The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, [a] special [investigator] investigators at [a salary] salaries to be fixed by the board of county commissioners. [, but in no event to exceed $7,200 per annum.] The district attorney and his deputies, investigators and agents shall also receive their actual traveling expenses necessarily incurred in the performance of their official duties.
The county treasurer shall receive a salary of $7,200 per annum.
The county recorder and auditor shall receive a salary of $9,000 per annum.
κ1961 Statutes of Nevada, Page 717 (CHAPTER 354, AB 365)κ
The county commissioners of Washoe County shall each receive the sum of $400 per month, payable in equal monthly installments which shall be in full compensation for all services whatsoever required of such commissioners.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 405Committee on State, County and City Affairs
CHAPTER 355
AN ACT to amend NRS sections 321.090, 321.335 and 321.339, relating to the selection, sale and withdrawal from sale of public lands and state lands, by granting authority to the state land register to select public lands for the state; by providing additional grounds for the rejection of bids and offers to buy state lands; by providing additional reasons for withdrawal or refusal to select public lands; and by providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 321.090 is hereby amended to read as follows:
321.090 1. The state land register shall select as portions of the several grants of land to this state all lands for which money has been deposited under the provisions of this chapter.
2. The state land register may also select any lands for the State of Nevada when such lands are requested by the state or any state department, agency or institution, or when it is determined by the state land register that the selection of such lands will be beneficial to the state.
Sec. 2. NRS 321.335 is hereby amended to read as follows:
321.335 1. Notwithstanding any other provision of law, except NRS 321.450, after April 1, 1957, all sales of any lands to which the State of Nevada or any department, agency or institution thereof has title, except the department of highways, including lands theretofore subject to contracts of sale which have been forfeited, shall be governed by the provisions of this section.
2. Whenever the state land register deems it to be in the best interests of the State of Nevada that any lands owned by the state and not used or set apart for public purposes be sold, he may cause the same to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, as hereinafter provided, at a price not less than the appraised value thereof and in no event at less than $3 per acre, plus the costs of appraisal and publication of notice of sale.
3. Before offering any such land for sale, the state land register shall cause the same to be appraised by a competent appraiser.
4. After receipt of the report of the appraiser, the state land register shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he may deem appropriate.
κ1961 Statutes of Nevada, Page 718 (CHAPTER 355, AB 405)κ
the county where the land to be sold is situated, and in such other newspapers as he may deem appropriate. If there is no newspaper published in the county where the land to be sold is situated the notice shall be so published in some newspaper published in this state having a general circulation in the county where the land is situated.
5. Such notice shall contain:
(a) A description of the land to be sold;
(b) A statement of the terms of sale;
(c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder; and
(d) If the sale is to be at public auction, the time and place of sale; or
(e) If the sale is to be upon sealed bids, the place where such bids will be accepted, the first and last days on which the same will be accepted, and the time and place such bids will be opened.
6. The state land register may reject any bid or offer to purchase if he deems such [rejection to be in the public interest.] bid or offer to be:
(a) Contrary to the public interest.
(b) For a lesser amount than is reasonable for the land involved.
(c) On lands which it may be more beneficial for the state to reserve.
(d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.
7. Upon acceptance of any bid or offer and payment to the state land register in accordance with the terms of sale specified in the notice of sale, the state land register shall cause a patent to be issued as provided in NRS 321.310 to 321.330, inclusive, or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate; but every such contract shall require that the remainder of the purchase price be paid within 25 years from the date of the contract and that such contract shall immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after the same was due and payable pursuant to the contract.
8. Nothing in this section shall apply to or affect any pending contract or application for the purchase of land from the State of Nevada, whether title thereto is in the state or the state is in the process of acquiring title thereto under any method of exchange or selection between the state and the United States or any department or agency thereof.
9. A revolving fund in the sum of $1,000, to be known as the state land register appraisal and publication revolving fund, is hereby created to be used by the state land register in paying, in the manner provided by law, the necessary expenses incurred in carrying out the provisions of subsection 2.
Sec. 3. NRS 321.339 is hereby amended to read as follows:
321.339 Notwithstanding any other provision of law, the state land register may withhold from sale any land to which the state has acquired title by any means whatsoever or decline to select any lands upon application therefor when such lands are required for the use of any state department, agency or institution or are specifically reserved by the state for future use or sale or whenever he deems that the public interest so requires.
κ1961 Statutes of Nevada, Page 719 (CHAPTER 355, AB 405)κ
any state department, agency or institution or are specifically reserved by the state for future use or sale or whenever he deems that the public interest so requires.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 428Ormsby County Delegation
CHAPTER 356
AN ACT to amend an act entitled An Act concerning elected and appointed county officers of Ormsby County, Nevada; fixing the salaries of all county officers in Ormsby County, Nevada; providing for the appointment and salaries of clerks and deputies in those offices; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto, approved April 1, 1957, as amended.
[Approved April 6, 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 376, Statutes of Nevada 1957, as amended by chapter 346, Statutes of Nevada 1959, at page 519, is hereby amended to read as follows:
Section 1. The elective and appointive officers hereinafter designated in this section shall receive the following annual salaries:
Sheriff............................................................................................. [$5,760] $6,360
County assessor............................................................................. [6,960] 7,560
District attorney.............................................................................. [5,760] 6,360
County clerk and ex officio county treasurer............................. [5,760] 6,360
County recorder and ex officio county auditor.......................... [5,760] 6,360
County commissioners, each........................................................ [1,800] 2,400
Sec. 2. This act shall become effective on July 1, 1961.
________
κ1961 Statutes of Nevada, Page 720κ
Assembly Bill No. 446Committee on Ways and Means
CHAPTER 357
AN ACT creating the 1962 state general obligation bond commission and authorizing such commission to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $1,410,000, for the purpose of constructing, equipping and furnishing in a minimum manner a minimum security prison on lands comprising the state prison farm in Ormsby and Douglas counties, Nevada; prescribing other details and conditions concerning such bonds; authorizing the use and investment of the proceeds of the sale or sales of such bonds; prescribing powers, duties and responsibilities of the 1962 state general obligation bond commission, the state planning board, the state board of finance, the state treasurer and other state officers; creating the 1962 state general obligation bond commission fund in the state treasury and making an appropriation therefor; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, unless the context otherwise requires, commission means the 1962 state general obligation bond commission.
Sec. 2. The 1962 state general obligation bond commission, consisting of the governor, the secretary of state and the attorney general, is hereby created.
Sec. 3. For the purpose only of constructing, equipping and furnishing in a minimum manner a minimum security prison on lands comprising the state prison farm in Ormsby and Douglas counties, Nevada, the commission shall, after receipt of a resolution from the state planning board certifying the need for moneys to construct, equip and furnish such minimum security prison, but not before January 1, 1962, issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $1,410,000.
Sec. 4. 1. Each series of bonds shall be authorized by resolution of the commission.
2. The bonds shall:
(a) Be of convenient denominations.
(b) Be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest.
(c) Be issued in one or more series.
(d) Mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations or, at the option of the commission, the bonds may mature serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom.
κ1961 Statutes of Nevada, Page 721 (CHAPTER 357, AB 446)κ
(e) Bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year.
(f) Be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada as may be provided by the commission.
(g) Unless they be registered for payment as to principal and interest, have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.
3. The resolution authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such resolution, and upon the payment of such premium, if any, as the commission may determine and state therein.
4. The bonds and coupons shall be signed by the governor and countersigned by the state treasurer; and the bonds shall also be signed and attested by the secretary of state with the great seal of the State of Nevada affixed thereto. Facsimile signatures of the governor and the state treasurer may be used on the coupons.
5. The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the commission.
Sec. 5. 1. All bonds shall be sold at public sale. No bonds shall be sold at less than par and accrued interest, nor shall any discount or commission be allowed or paid for the sale of the bonds.
2. Before selling the bonds the commission shall:
(a) Cause a notice calling for bids for the purchase of the bonds to be published in a newspaper printed in the state and having a general circulation therein. The notice shall be published once in each calendar week for 4 successive calendar weeks immediately preceding the day when the bids will be opened publicly.
(b) Give such other notice as may be deemed necessary by the commission.
Sec. 6. The notice shall:
1. Specify a place and designate a day and the hour thereof when sealed bids for the purchase of the bonds shall be received and opened publicly by the commission.
2. Specify the maximum rate of interest the bonds shall bear.
3. Require each bidder to submit a written bid specifying:
(a) The lowest rate of interest and premium, if any, above par, at which the bidder will purchase the bonds; or
(b) The lowest rate of interest at which the bidder will purchase the bonds at par.
Sec. 7. All bids shall:
1. Be in writing.
2. Be sealed.
κ1961 Statutes of Nevada, Page 722 (CHAPTER 357, AB 446)κ
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. 8. 1. The bonds shall be sold to the responsible bidder making the highest bid therefor, subject to the right of the commission to reject any and all bids and to readvertise the bonds for sale.
2. If there be two or more equal bids for the bonds, and such equal bids are the highest bids received from responsible bidders, and for not less than par and accrued interest, the commission shall determine which of the equal bids shall be accepted, or may divide the bonds so issued between or among the equal bidders.
Sec. 9. 1. If a bid for the bonds is accepted, the commission shall return the deposits of all other bidders immediately.
2. If the successful bidder fails or neglects to complete the purchase of the bonds within 30 days immediately following the acceptance of the bid, or within 10 days after the bonds are made ready and are offered by the commission for delivery, whichever is later, the amount of the deposit shall be forfeited to the general fund in the state treasury (but no bidder shall forfeit such deposit whenever the bonds are not ready and so offered for delivery within 60 days from the date of the acceptance of his bid), and the commission may publicly resell the bonds as herein provided.
Sec. 10. If all bids for the bonds are rejected, the commission shall:
1. Forthwith return the deposits of all bidders.
2. Readvertise the bonds for sale in the same manner as is provided for the original advertisement.
Sec. 11. 1. Before the commission shall deliver bonds under this act, all such bonds shall be registered by the state treasurer in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds.
(b) The time of payment.
(c) The rate of interest the bonds bear.
3. After registration by the state treasurer, the state treasurer shall cause the bonds to be delivered to the purchaser or purchasers thereof from the commission, upon payment being made therefor on the terms of the sale or sales.
Sec. 12. Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive.
Sec. 13. The faith of the State of Nevada is hereby pledged that this act shall not be repealed until all the bonds issued under and by virtue hereof, and the interest thereon, shall have been paid in full as provided in this act.
Sec. 14. The resolution providing for the issuance of the bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
κ1961 Statutes of Nevada, Page 723 (CHAPTER 357, AB 446)κ
pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 15. 1. There is hereby created in the state treasury the 1962 state general obligation bond commission fund.
2. There is hereby appropriated from the general fund in the state treasury to the 1962 state general obligation bond commission fund the sum of $5,000.
3. Within the limitations of the appropriation made by subsection 2, the commission is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and sale of the bonds. All expenses incurred for the preparation, sale and delivery of the bonds, including the preparation of the certified copy of the transcript for the successful bidder, are legal charges against the 1962 state general obligation bond commission fund.
Sec. 16. The proceeds of the sale or sales of the bonds shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 3 of this act, but if it shall appear at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance in short-term bonds, certificates or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof. Any interest received from such investments shall be deposited in the general fund in the state treasury.
Sec. 17. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or part thereof.
Sec. 18. Bonds issued under the provisions of this act, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the State of Nevada or any subdivision thereof.
Sec. 19. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 20. This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
κ1961 Statutes of Nevada, Page 724 (CHAPTER 357, AB 446)κ
Sec. 21. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 22. This act shall become effective on January 1, 1962.
________
Assembly Bill No. 447Committee on Ways and Means
CHAPTER 358
AN ACT creating the 1963 state general obligation bond commission and authorizing such commission to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $1,456,000, for the purpose of constructing and furnishing in a minimum manner a social science (history) building at the University of Nevada, Reno, Nevada; prescribing other details and conditions concerning such bonds; authorizing the use and investment of the proceeds of the sale or sales of such bonds; prescribing powers, duties and responsibilities of the 1963 state general obligation bond commission, the state planning board, the state board of finance, the state treasurer and other state officers; creating the 1963 state general obligation bond commission fund in the state treasury and making an appropriation therefor; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, unless the context otherwise requires, commission means the 1963 state general obligation bond commission.
Sec. 2. The 1963 state general obligation bond commission, consisting of the governor, the secretary of state and the attorney general, is hereby created.
Sec. 3. For the purpose only of constructing and furnishing in a minimum manner a social science (history) building at the University of Nevada, Reno, Nevada, the commission shall, after receipt of a resolution from the state planning board certifying the need for moneys to construct and furnish such building in a minimum manner, but not before March 1, 1963, issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $1,456,000.
Sec. 4. 1. Each series of bonds shall be authorized by resolution of the commission.
2. The bonds shall:
(a) Be of convenient denominations.
(b) Be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest.
(c) Be issued in one or more series.
κ1961 Statutes of Nevada, Page 725 (CHAPTER 358, AB 447)κ
(d) Mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations or, at the option of the commission, the bonds may mature serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom.
(e) Bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year.
(f) Be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the commission.
(g) Unless they be registered for payment as to principal and interest, have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.
3. The resolution authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such resolution, and upon the payment of such premium, if any, as the commission may determine and state therein.
4. The bonds and coupons shall be signed by the governor and countersigned by the state treasurer; and the bonds shall also be signed and attested by the secretary of state with the great seal of the State of Nevada affixed thereto. Facsimile signatures of the governor and the state treasurer may be used on the coupons.
5. The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the commission.
Sec. 5. 1. All bonds shall be sold at public sale. No bonds shall be sold at less than par and accrued interest, nor shall any discount or commission be allowed or paid for the sale of the bonds.
2. Before selling the bonds the commission shall:
(a) Cause a notice calling for bids for the purchase of the bonds to be published in a newspaper printed in the state and having a general circulation therein. The notice shall be published once in each calendar week for 4 successive calendar weeks immediately preceding the day when the bids will be opened publicly.
(b) Give such other notice as may be deemed necessary by the commission.
Sec. 6. The notice shall:
1. Specify a place and designate a day and the hour thereof when sealed bids for the purchase of the bonds shall be received and opened publicly by the commission.
2. Specify the maximum rate of interest the bonds shall bear.
κ1961 Statutes of Nevada, Page 726 (CHAPTER 358, AB 447)κ
3. Require each bidder to submit a written bid specifying:
(a) The lowest rate of interest and premium, if any, above par, at which the bidder will purchase the bonds; or
(b) The lowest rate of interest at which the bidder will purchase the bonds at par.
Sec. 7. All bids shall:
1. Be in writing.
2. Be sealed.
3. Except any bid of the State of Nevada or any board or department thereof, if one is received, be accompanied by a deposit of 5 percent of the amount of the bid, either in cash or by cashiers check or certified check.
Sec. 8. 1. The bonds shall be sold to the responsible bidder making the highest bid therefor, subject to the right of the commission to reject any and all bids and to readvertise the bonds for sale.
2. If there be two or more equal bids for the bonds, and such equal bids are the highest bids received from responsible bidders, and for not less than par and accrued interest, the commission shall determine which of the equal bids shall be accepted, or may divide the bonds so issued between or among the equal bidders.
Sec. 9. 1. If a bid for the bonds is accepted, the commission shall return the deposits of all other bidders immediately.
2. If the successful bidder fails or neglects to complete the purchase of the bonds within 30 days immediately following the acceptance of the bid, or within 10 days after the bonds are made ready and are offered by the commission for delivery, whichever is later, the amount of the deposit shall be forfeited to the general fund in the state treasury (but no bidder shall forfeit such deposit whenever the bonds are not ready and so offered for delivery within 60 days from the date of the acceptance of his bid), and the commission may publicly resell the bonds as herein provided.
Sec. 10. If all bids for the bonds are rejected, the commission shall:
1. Forthwith return the deposits of all bidders.
2. Readvertise the bonds for sale in the same manner as is provided for the original advertisement.
Sec. 11. 1. Before the commission shall deliver bonds under this act, all such bonds shall be registered by the state treasurer in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds.
(b) The time of payment.
(c) The rate of interest the bonds bear.
3. After registration by the state treasurer, the state treasurer shall cause the bonds to be delivered to the purchaser or purchasers thereof from the commission, upon payment being made therefor on the terms of the sale or sales.
Sec. 12. Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive.
κ1961 Statutes of Nevada, Page 727 (CHAPTER 358, AB 447)κ
fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive.
Sec. 13. The faith of the State of Nevada is hereby pledged that this act shall not be repealed until all the bonds issued under and by virtue hereof, and the interest thereon, shall have been paid in full as provided in this act.
Sec. 14. The resolution providing for the issuance of the bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 15. 1. There is hereby created in the state treasury the 1963 state general obligation bond commission fund.
2. There is hereby appropriated from the general fund in the state treasury to the 1963 state general obligation bond commission fund the sum of $5,000.
3. Within the limitations of the appropriation made by subsection 2, the commission is authorized to employ legal, fiscal and other expert service in connection with the authorization, issuance and sale of the bonds. All expenses incurred for the preparation, sale and delivery of the bonds, including the preparation of the certified copy of the transcript for the successful bidder, are legal charges against the 1963 state general obligation bond commission fund.
Sec. 16. The proceeds of the sale or sales of the bonds shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 3 of this act, but if it shall appear at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance in short-term bonds, certificates or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof. Any interest received from such investments shall be deposited in the general fund in the state treasury.
Sec. 17. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceeding 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.
Sec. 18. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the State of Nevada or any subdivision thereof.
κ1961 Statutes of Nevada, Page 728 (CHAPTER 358, AB 447)κ
Sec. 19. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 20. This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
Sec. 21. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 22. This act shall become effective on March 1, 1963.
________
Assembly Bill No. 449Committee on Judiciary
CHAPTER 359
AN ACT to amend NRS section 125.170, relating to modification of installment judgments for alimony, by providing that such judgments shall not be modified as to unaccrued installments unless the court expressly retained jurisdiction for such modification; and by providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 125.170 is hereby amended to read as follows:
125.170 1. In divorce actions, installment judgments for alimony and support of the wife shall not be subject to modification as to accrued installments. [, but only as to installments] Installments not accrued at the time a motion for modification is filed [.] shall not be modified unless the court expressly retained jurisdiction for such modification at the final hearing. The provision of this subsection apply to all such installment judgments whether granted before or after July 1, 1961.
2. The provisions of this section shall not preclude the parties from entering into a stipulation as to accrued installments prior to the time a motion for modification is filed.
________
κ1961 Statutes of Nevada, Page 729κ
Assembly Bill No. 457Nye County Delegation
CHAPTER 360
AN ACT to repeal NRS section 218.070, relating to the division of Nye County into assembly districts.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.070 is hereby repealed.
Sec. 2. This act shall become effective on January 1, 1962, only for the purpose of electing the member of the assembly at the general election in 1962. For all other purposes, this act shall become effective on the day next after the election of members of the assembly at the general election in 1962.
________
Assembly Bill No. 454Mr. Gibson (by request)
CHAPTER 361
AN ACT to amend chapter 341 of NRS, relating to the state planning board, by adding a new section authorizing the board to contract with the United States in the name of the state and to receive and expend funds made available by the United States; and providing other matters properly relating thereto.
[Approved April 6, 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:
The board is authorized to contract in the name of the State of Nevada with the United States or any of its agencies or instrumentalities, and to receive and expend by grant, loan or otherwise funds which may be made available by the United States or any of its agencies or instrumentalities.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 730κ
Assembly Bill No. 287Committee on Insurance
CHAPTER 362
AN ACT to amend NRS section 686.010, relating to payment of state taxes by insurance companies, by requiring annuity companies doing business in Nevada to pay an annual tax to the commissioner of insurance; and by requiring domestic insurance and annuity companies to pay a tax to Nevada on business done in other states in which they are not licensed and do not pay a tax.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 686.010 is hereby amended to read as follows:
686.010 1. Every insurance or annuity company or association of whatever description, except fraternal or labor insurance companies, or societies operating through the means of a lodge system or systems, insuring only their own members and their families, including insurance on descendants of members, doing an insurance or annuity business in this state, shall annually pay to the commissioner a tax of 2 percent upon the total premium income, including membership fees, payments on annuities or policy writing fees, from all classes of business covering property or risks located in this state during the next preceding calendar year, less return premiums and premiums received for reinsurance on such property or risks.
2. The amounts of annual licenses paid by such companies or associations upon each class of business licensed annually shall be deducted from such tax on premiums if such tax exceeds in amount the licenses so paid.
3. All domestic insurance or annuity companies doing business in states in which such companies are not licensed and do not pay a premium tax shall pay the tax on such business to the State of Nevada.
________
Senate Bill No. 110Senator Whitacre
CHAPTER 363
AN ACT appropriating the sum of $50,000 from the general fund in the state treasury to the state public hospital construction assistance fund for the purpose of constructing the Lyon Health Center, a county general hospital, in Lyon County, Nevada; expressly limiting the use of such appropriated funds; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the purpose of providing moneys in the state public hospital construction assistance fund, created pursuant to the provisions of NRS 449.400, for the express and only purpose stated in section 2, there is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the state public hospital construction assistance fund.
κ1961 Statutes of Nevada, Page 731 (CHAPTER 363, SB 110)κ
provisions of NRS 449.400, for the express and only purpose stated in section 2, there is hereby appropriated from the general fund in the state treasury the sum of $50,000 to the state public hospital construction assistance fund.
Sec. 2. Notwithstanding the provisions of any other law, the state department of health shall not expend any of the moneys appropriated by section 1 except for the construction of the Lyon Health Center, a county general hospital, in Lyon County, Nevada, pursuant to the provisions of the Nevada Hospital Survey and Construction Act, being NRS 449.250 to 449.430, inclusive. As used in this section, construction has the same definition as is contained in subsection 1 of NRS 449.260.
Sec. 3. The state controller is hereby authorized and directed to transfer the sum appropriated by section 1 forthwith from the general fund to the state public hospital construction assistance fund.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 246Senators Slattery, Brown, Dial, Dodge, Duffy, Echeverria, Frank, Gallagher, Lamb, McGowan, Monroe, Parks, Rand, Settelmeyer and Whitacre
CHAPTER 364
AN ACT to amend Title 19 of NRS, relating to miscellaneous matters related to government and public affairs, by creating a new chapter relating to the Nevada commission on equal rights of citizens, its composition, powers and duties; making an appropriation from the general fund in the state treasury for the support of the commission for the fiscal years 1961-1963; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 19 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth in sections 2 to 9, inclusive, of this act.
Sec. 2. 1. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the state, and to foster the right of all persons reasonably to seek, obtain and hold employment and housing accommodations, and reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, national origin or ancestry.
2. It is recognized that the people of this state should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this state.
κ1961 Statutes of Nevada, Page 732 (CHAPTER 364, SB 246)κ
Sec. 3. As used in this chapter:
1. Commission means the Nevada commission on equal rights of citizens.
2. Member means a member of the Nevada commission on equal rights of citizens.
Sec. 4. 1. The Nevada commission on equal rights of citizens consisting of 5 members is hereby created.
2. The members shall be appointed by the governor and shall serve at the pleasure of the governor.
3. Vacancies shall be filled by appointment by the governor.
4. Members shall serve without compensation, but they shall be entitled to receive the per diem expense allowances and travel expenses as provided by law.
Sec. 5. The members of the commission shall be representative of the religious, racial and ethnic groups in the state.
Sec. 6. 1. The governor shall appoint a chairman of the commission and the members shall elect a secretary from the membership of the commission.
2. The commission shall meet at least twice a year on the call of the chairman at a place designated by the chairman or a majority of the commission.
Sec. 7. The commission shall:
1. Foster mutual understanding and respect among all racial, religious and ethnic groups in the State of Nevada.
2. Aid in securing equal health and welfare services and facilities for all the residents of the State of Nevada without regard to race, religion or nationality.
3. Study and investigate problems arising between groups in the State of Nevada which may result in tensions, discrimination or prejudice because of race, color, creed, national origin or ancestry, and formulate and carry out programs of education and disseminate information with the object of discouraging and elimination any such tensions, prejudices or discrimination.
4. Investigate any complaints of discrimination, tensions or prejudice filed with or referred to the commission.
5. Secure the cooperation of various racial, religious, nationality and ethnic groups, veterans organizations, labor organizations, business and industry organizations and fraternal, benevolent and service groups, in educational campaigns devoted to the need for eliminating group prejudice, racial or area tensions, intolerance or discrimination.
6. Cooperate with and seek the cooperation of federal and state agencies and departments in carrying out projects within their respective authorities to eliminate intergroup tensions and to promote intergroup harmony.
7. Have the power to accept gifts or bequests of personal property and may use the same to carry out the objects and purposes of this chapter.
Sec. 8. 1. The commission shall receive and investigate complaints and initiate its own investigation of tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, national origin or ancestry, and may conduct private or public hearings with regard thereto.
κ1961 Statutes of Nevada, Page 733 (CHAPTER 364, SB 246)κ
and initiate its own investigation of tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, national origin or ancestry, and may conduct private or public hearings with regard thereto.
2. The commission, after the completion of any hearing, shall make a report in writing to the governor setting forth the facts found by the commission and the commissions recommendations. The commission shall use its best efforts to bring about compliance with its recommendations.
3. The commission may subpena witnesses and require the production of any evidence relevant to any hearing conducted by the commission.
Sec. 9. The commission shall, on or before January 15, 1963, and every January 15 of each odd-numbered year thereafter, prepare and submit a report concerning its activities to the governor and the legislative counsel. The legislative counsel shall cause such report to be made available to each senator and assemblyman.
Sec. 10. 1. For the fiscal year beginning July 1, 1961, and ending June 30, 1962, there is hereby appropriated from the general fund in the state treasury for the support of the Nevada commission on equal rights of citizens the sum of $2,500. On July 1, 1962, any unexpended balance of the appropriation made in the subsection shall revert to the general fund in the state treasury.
2. For the fiscal year beginning July 1, 1962, and ending June 30, 1963, there is hereby appropriated from the general fund in the state treasury for the support of the Nevada commission on equal rights of citizens the sum of $2,500. On July 1, 1963, any unexpended balance of the appropriation made in this subsection shall revert to the general fund in the state treasury.
________
Assembly Bill No. 48Messrs. Pozzi, Young, Waters and Viani
CHAPTER 365
AN ACT appropriating moneys from the general fund and the state highway fund for the purpose of effecting pay grade adjustments for employees of the State of Nevada in the classified service for the biennium commencing July 1, 1961, and ending June 30, 1963; imposing certain duties on the director of the state department of personnel and the state board of examiners; providing for the reversion of unexpended appropriated moneys; and providing other matters properly relating thereto.
[Approved April 6, 1961]
Whereas, It is established policy in most governmental jurisdictions throughout the United States to pay state employees on the basis of prevailing rates paid for comparable work by other employers; and
Whereas, The state department of personnel has conducted a survey of prevailing wages and salaries paid by major public and private Nevada employers and by governments of western states; and
κ1961 Statutes of Nevada, Page 734 (CHAPTER 365, AB 48)κ
of prevailing wages and salaries paid by major public and private Nevada employers and by governments of western states; and
Whereas, As a result of such survey, the state department of personnel has recommended that pay grade adjustments for employees of the State of Nevada in the classified service be made on and after July 1, 1961; and
Whereas, In order to effect such recommended pay grade adjustments for the biennium commencing July 1, 1961, and ending June 30, 1963, appropriations of $424,432 from the general fund and $93,696 from the state highway fund will be required; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. (a) Except as otherwise provided in sections 3 and 4, there is hereby appropriated from the general fund in the state treasury, for the period from July 1, 1961, to June 30, 1962, the sum of $212,216 for the purpose of meeting any deficiencies which may be created between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 51st session of the legislature, and the salary requirements of classified personnel of such departments, commissions and agencies needed under an adjusted pay plan to become effective on or after July 1, 1961.
(b) The state board of examiners, upon the recommendation of the director of the state department of personnel, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the sum of $212,216 herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of such respective departments, commissions and agencies under the adjusted pay plan.
Sec. 2. (a) Except as otherwise provided in sections 3 and 4, there is hereby appropriated from the general fund in the state treasury, for the period from July 1, 1962, to June 30, 1963, the sum of $212,216 for the purpose of meeting any deficiencies which may be created between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 51st session of the legislature, and the salary requirements of classified personnel of such departments, commissions and agencies needed under an adjusted pay plan to become effective on or after July 1, 1961.
(b) The state board of examiners, upon the recommendation of the director of the state department of personnel, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the sum of $212,216 herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of such respective departments, commissions and agencies under the adjusted pay plan.
κ1961 Statutes of Nevada, Page 735 (CHAPTER 365, AB 48)κ
Sec. 3. (a) There is hereby appropriated from the state highway fund, for the period from July 1, 1961, to June 30, 1962, the sum of $46,848 for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles, as fixed by the 51st session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles needed under an adjusted pay plan to become effective on or after July 1, 1961.
(b) The state board of examiners, upon the recommendation of the director of the state department of personnel, is authorized to allocate and disburse to the department of motor vehicles, out of the sum of $46,848 herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of the department of motor vehicles under the adjusted pay plan.
Sec. 4. (a) There is hereby appropriated from the state highway fund, for the period from July 1, 1962, to June 30, 1963, the sum of $46,848 for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles, as fixed by the 51st session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles needed under an adjusted pay plan to become effective on or after July 1, 1961.
(b) The state board of examiners, upon the recommendation of the director of the state department of personnel, is authorized to allocate and disburse to the department of motor vehicles, out of the sum of $46,848 herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of the department of motor vehicles under the adjusted pay plan.
Sec. 5. Any moneys appropriated by section 1 remaining unexpended on June 30, 1962, shall revert to the general fund. Any moneys appropriated by section 2 remaining unexpended on June 30, 1963, shall revert to the general fund. Any moneys appropriated by section 3 remaining unexpended on June 30, 1962, shall revert to the state highway fund. Any money appropriated by section 4 remaining unexpended on June 30, 1963, shall revert to the state highway fund.
________
κ1961 Statutes of Nevada, Page 736κ
Assembly Bill No. 327Joint Committee of Judiciary and Social Welfare
CHAPTER 366
AN ACT to amend chapter 127 of NRS, relating to adoptions, by adding new sections prescribing the contents of consents to adoption; prescribing the manner and method of execution, acknowledgment and witnessing of consents to adoption; providing for a self-proving affidavit relating to the due execution of consents to adoption; requiring that a copy of every consent to adoption executed in this state be furnished to the state welfare department together with certain other information; and prescribing the confidential nature of such information; to amend NRS sections 127.060, 127.110, 127.120 and 127.150, relating to petitions, investigations and decrees in connection with adoptions, by providing when petitions may be filed and decrees entered; by requiring additional information in petitions; and by providing when reports of investigations shall be filed; to amend NRS sections 424.010 and 424.090, defining the term foster home and relating to the applicability of chapter 424 of NRS, by specifically including within such definition homes where children are received, cared for and maintained pending completion of proceedings for adoption of such children by the person or persons maintaining such home; and by exempting such homes from licensing; and to amend NRS section 449.245, relating to release of children from hospitals, by requiring that certain information relating to such releases be furnished to the state welfare department; by prescribing the confidential nature of such information; and by providing penalties; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. No consent to adoption executed in this state shall be valid unless it:
1. Is in writing and signed by the person or persons consenting as required in this chapter.
2. Is acknowledged by the person or persons consenting and signing the same in the manner and form as required for conveyances of real property by NRS 111.240 to 111.305, inclusive.
3. Contains, at the time of execution, the name or names of the person or persons to whom consent to adopt the child is given.
4. Is attested by at least two competent, disinterested witnesses who subscribe their names to the consent in the presence of the person or persons consenting.
Sec. 3. 1. Any or all of the attesting witnesses to any consent to adoption may, at the request of the person or persons who executed the same, make and sign an affidavit before any officer authorized to administer oaths in this state, stating such facts as they would be required to testify to in court to prove the due execution of the consent to adoption. The affidavit shall be written on the consent to adoption, or, if that is impracticable, on some paper attached thereto. The sworn statement of any such witness so taken shall be accepted by the court in any action or proceeding relating to the validity or due execution of the consent to adoption as if it had been taken before the court.
κ1961 Statutes of Nevada, Page 737 (CHAPTER 366, AB 327)κ
2. The affidavit described in subsection 1 may be substantially in the following form:
|
State of Nevada
County of................................. |
} |
ss |
(Date).........................
Then and there personally appeared the within-named.........................and........................., who, being duly sworn, depose and say: That they witnessed the execution of the within consent to adoption by.........................(name of person or persons consenting); that she (he or they) subscribed the consent to adoption and declared the same to be a voluntary consent to adoption in their presence; that at the time the said consent to adoption was executed it contained the names of the person or persons to whom consent was thereby given to adopt the child; that they thereafter subscribed the same as witnesses in the presence of the said.........................(name of person or persons consenting) and in the presence of each other and at the request of the said.........................(name of person or persons consenting), that at the time of the execution of the consent to adoption the said.........................(name of person or persons consenting) acknowledged to them that she (he or they) was (were), and she (he or they) appeared to them to be, in full possession of her (his or their) faculties and not under the influence of any drug, or sedative or subject to any duress, fear, menace, compulsion or undue influence whatever; and that they make this affidavit at her (his or their) request.
..................................................
..................................................
Subscribed and sworn to before me this...............day of........................., 19...........
...........................................................................(SEAL)
Notary Public
Sec. 4. 1. Any person to whom a consent to adoption executed in this state is delivered shall, within 48 hours after receipt of such executed consent to adoption, furnish a true copy thereof to the state welfare department, together with a report of the permanent address of the person or persons in whose favor such consent was executed.
2. All information received by the state welfare department pursuant to the provisions of this section shall be confidential information, and shall be protected from disclosure in the same manner that information concerning recipients of public assistance is protected under NRS 422.290.
3. Any person who violates any of the provisions of this section is guilty of a misdemeanor.
Sec. 5. NRS 127.060 is hereby amended to read as follows:
127.060 1. The petition for adoption shall not be granted unless the petitioners have resided in the State of Nevada for a period of 6 months prior to the [filing] granting of the petition.
κ1961 Statutes of Nevada, Page 738 (CHAPTER 366, AB 327)κ
2. The same petitioners may, in one petition, petition for the adoption of two or more children, if the children be brothers or sisters or brother and sister.
Sec. 6. NRS 127.110 is hereby amended to read as follows:
127.110 1. A petition for adoption may be filed at any time after the child has lived in the home of petitioners for a period of 30 days.
2. The petition for adoption shall state, in substance, the following:
[1.] (a) The full name and age of the petitioners [.] and the period of time the petitioners have resided in the State of Nevada prior to the filing of the petition.
[2.] (b) The age of the child sought to be adopted [.] and the period of time that the child has lived in the home of petitioners prior to the filing of the petition.
[3.] (c) That it is the desire of the petitioners that the relationship of parent and child be established between them and such child.
[4.] (d) Their desire that the name of the child be changed, together with the new name desired.
[5.] (e) That the petitioners are fit and proper persons to have the care and custody of the child.
[6.] (f) That they are financially able to provide for the child.
[7.] (g) That there has been a full compliance with the law in regard to consent to adoption.
Sec. 7. NRS 127.120 is hereby amended to read as follows:
127.120 1. A petition for adoption of a child shall be filed in duplicate with the county clerk. The county clerk shall send one copy of the petition to the state welfare department, which shall [, unless the court, in its discretion, shall otherwise order,] make an investigation and report as hereinafter provided. If one petitioner is related to the child within the third degree of consanguinity, the county may, in its discretion, waive the investigation by the state welfare department.
2. The state welfare department shall verify the allegations of the petition and investigate the condition [of] and the antecedents of the child and make proper inquiry to determine whether the proposed adopting parents are suitable for the minor. The department shall, within 30 days after receiving the [notice of entry of the order,] copy of the petition for adoption, submit to the court a full written report of its findings, which shall contain a specific recommendation for or against approval of the petition, and shall furnish to the court any other information regarding the child or proposed home which the court may require. The court, on good cause shown, may extend the departments time, designating a time certain, within which to submit a report.
3. If the court is dissatisfied with the report submitted by the department, the court may order an independent investigation to be conducted and a report submitted by such agency or person as the court may select. The costs of such investigation and report may be assessed against the petitioner or charged against the county wherein the adoption proceeding is pending.
κ1961 Statutes of Nevada, Page 739 (CHAPTER 366, AB 327)κ
4. No petition for adoption shall be approved unless the child shall have lived for a period of 6 months in the proposed home.
Sec. 8. NRS 127.150 is hereby amended to read as follows:
127.150 1. If the court [shall find] finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption shall be made and filed, ordering that henceforth the child shall be the child of the petitioners. In the decree the court may change the name of the child, if desired. No order or decree of adoption shall be made until after the child shall have lived for a period of 6 months in the home of the petitioners.
2. If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.
Sec. 9. NRS 424.010 is hereby amended to read as follows:
424.010 Any family home in which one or more children under 16 years of age not related by blood, adoption or marriage to the person or persons maintaining the home are received, cared for, and maintained for compensation or otherwise, including any such home in which any such child is received, cared for and maintained pending completion of proceedings for the adoption of such child by the person or persons maintaining the home, shall be deemed to be a foster home for children.
Sec. 10. NRS 424.090 is hereby amended to read as follows:
424.090 1. This chapter shall not apply to homes in which children are placed by their own parents or legal guardians, and where the total cost of care is provided by the parents or guardians.
2. The provisions of this chapter relating to the licensing of foster homes shall not apply to any home wherein any child or children is or are received, cared for and maintained pending completion of proceedings for adoption of such child or children by the person or persons maintaining the home if all other children received, cared for and maintained in such home are related by blood, adoption or marriage to the person or persons maintaining the home.
Sec. 11. NRS 449.245 is hereby amended to read as follows:
449.245 1. No hospital licensed under the provisions of this chapter shall release from such hospital or otherwise surrender physical custody of any child under 6 months of age, whose living parent or guardian is known to such hospital, to any person other than a parent, guardian or relative by blood or marriage of such child, without a written authorization signed by such living parent, which shall be the mother if unwed, or guardian specifying the particular person or agency to whom such child may be released [.] and the permanent address of such person or agency.
2. Upon the release or other surrender of physical custody of any minor child, the hospital shall require from the person to whom the child is released such reasonable proof of identity as the hospital may deem necessary for compliance with the provisions of this section. The hospital shall furnish a true copy of each such written authorization to the state welfare department before the release or other surrender by it of physical custody of any such minor child.
κ1961 Statutes of Nevada, Page 740 (CHAPTER 366, AB 327)κ
hospital shall furnish a true copy of each such written authorization to the state welfare department before the release or other surrender by it of physical custody of any such minor child. Such copy shall not be withheld by the hospital for any reasons whatsoever. Such copy shall be furnished to the state welfare department immediately upon receipt by the hospital of such authorization.
3. Any person to whom any such child is released who thereafter surrenders physical custody of such child to any other person or agency shall, upon demand by the state welfare department, disclose to the department the name and permanent address of the person or agency to whom physical custody of the child was delivered.
4. All information received by the state welfare department pursuant to the provisions of this section shall be confidential information and shall be protected from disclosure in the same manner that information concerning recipients of public assistance is protected under NRS 422.290.
[3.] 5. A violation of any provision of this section is a misdemeanor.
Sec. 12. This act shall become effective upon passage and approval.
________
Assembly Bill No. 398Messrs. Christensen and Valentine
CHAPTER 367
AN ACT to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended.
[Approved April 6, 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 180, Statutes of Nevada 1949, at page 372, is hereby amended by adding thereto a new section to be designated as section 12.01 of Article XII, which shall immediately follow section 12 of Article XII and shall read as follows:
Section 12.01. 1. There is hereby created a city health department, the chief officer of which shall be the health officer. He shall be a physician licensed to practice medicine in the State of Nevada with training and experience in the control and management of communicable diseases. He shall be appointed by the mayor, subject to confirmation by a majority of the whole council, and shall be in complete charge of all health and sanitation.
2. The health officer may make all necessary regulations for the preservation of health and suppression of disease and to prevent the introduction of contagious, infectious or other diseases into the city, and he may proclaim and enforce quarantines.
κ1961 Statutes of Nevada, Page 741 (CHAPTER 367, AB 398)κ
the introduction of contagious, infectious or other diseases into the city, and he may proclaim and enforce quarantines.
3. The council may, by ordinance, prescribe a salary for the health officer.
Sec. 2. Section 1.03 of Article I of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 339, Statutes of Nevada 1955, at page 562, is hereby amended to read as follows:
Section 1.03. The city council [shall have the power to] may extend the exterior boundaries or limits of the city so as to annex or include therein additional lands with the tenements, property and inhabitants thereof, by the passage of an ordinance declaring the territory to be annexed; provided, that the majority of the property owners of the district proposed to be annexed first petition the city council to annex the territory.
When the city council deems it necessary to annex additional territory to the city of Sparks, and the inhabitants of the territory have not petitioned for annexation, the city council shall pass a resolution declaring its intention to annex the territory, describing the territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk, and notice to be given as to the time when the city council shall hear objections to the annexation of the territory on the part of the freeholders residing therein, and the residents of the city. The notice shall be published [twice during 1 week] in two publications at least 1 week apart in a newspaper in the city of Sparks, and shall be posted in at least three public places in the district to be annexed, and shall be mailed to all known freeholders in the district sought to be annexed, citing them to appear and show cause, on the date named, why the land should not be annexed to the city, and giving the reasons why the land should be annexed to the city. After the hearing, if a majority of the freeholders residing in the territory sought to be annexed do not protest, the city council shall pass an ordinance declaring the property to be annexed to, and be a part of, the city of Sparks, and shall order a plat showing the territory to be recorded in the office of the county recorder of Washoe County, and the territory shall then be part of the city of Sparks and subject to all taxes and laws thereof.
If a majority of the freeholders in the territory sought to be annexed protest against the annexation of the territory, a unanimous vote of the city council shall be required to pass the ordinance annexing the territory to the city of Sparks.
Sec. 3. Section 2 of Article II of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 70, Statutes of Nevada 1955, at page 106, is hereby amended to read as follows:
Section 2. The corporate powers of the city, except as hereinafter stated, shall be vested in a mayor and city council. The mayor shall be an actual and bona fide resident for a period of at least five years preceding his election and an elector and taxpayer on real property in the city, and he shall be chosen by the qualified electors thereof whose names appear upon the official register as hereinafter provided, and who are actual bona fide residents of and within the limits of the city.
κ1961 Statutes of Nevada, Page 742 (CHAPTER 367, AB 398)κ
in the city, and he shall be chosen by the qualified electors thereof whose names appear upon the official register as hereinafter provided, and who are actual bona fide residents of and within the limits of the city. The mayor shall serve for a term of four years from and after the date of his election and qualification, and until his successor [shall have been duly] is elected and qualified. He shall be the chief executive of the city. He shall vigilantly observe the official conduct of all public officers and note the fidelity and exactitude or the absence thereof with which they execute their official duties, and especially in respect to the collection, administration and disbursements of the public funds, and all books, papers, records and documents of the city shall at all times be open to his inspection, and any official misconduct or willful neglect of duty shall be reported by him to the council. He shall, from time to time, give the council information in writing relative to the state of the city, and recommend such measures as he may deem beneficial to the city. He shall see that all the general laws and ordinances of the city are observed and enforced, and shall take all proper measures for the preservation of public peace, order and the suppression of riots, tumults and all forms of public disturbances, for which purpose he [is authorized to] may appoint extra policemen temporarily, and [to] use and command the police force, or if the same be inadequate, [it] he shall [be his duty to] call upon the governor for military aid, in the manner provided by law.
Sec. 4. Section 2.01 of Article II of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 463, Statutes of Nevada 1959 at page 811, is hereby amended to read as follows:
Section 2.01. The mayor, with the city clerk or some member of the council, shall at least once each month, count the cash in the city treasury and see that such count corresponds with the books of the treasurer, and report the result to the council. He shall see that all contracts are faithfully kept and fully performed, and to that end, and in any case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended. [It shall be the duty of the mayor to] The mayor shall recommend to the council the suspension or dismissal of any appointive officer of the city, who is not within the civil service system, for dereliction, neglect or nonperformance of duty or for any other reason as might appear to him just cause for such suspension or dismissal. If the council by a majority vote of the whole council approves the suspension or dismissal, such office shall be declared vacant. If a majority vote of the whole council is against such approval, no action shall be taken.
Sec. 5. Section 2.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 374, is hereby amended to read as follows:
Section 2.02. The mayor shall preside over the council when in session and shall preserve order and decorum among the members and enforce the rules of the council and determine the order of business, subject to such rules and to appeal to the council.
κ1961 Statutes of Nevada, Page 743 (CHAPTER 367, AB 398)κ
enforce the rules of the council and determine the order of business, subject to such rules and to appeal to the council. He shall [not] be entitled to a vote [except] only in case of a tie, [when he shall have a vote,] except as provided in section 3.02, article III of this charter [.] , and except that he may not vote upon a proposed ordinance. He may exercise the right of veto upon all matters passed by the council except claims against the city, and it shall require four-fifths vote of the whole council to pass any matter receiving the mayors veto. No resolution or contract requiring the payment of money, or any ordinance, shall go into force or have any effect until approved by the mayor; provided, if the mayor does not approve such resolution, contract or ordinance so submitted, he must within five days from the receipt thereof, return the same to the city clerk with his reasons for not approving it, in writing, and if the mayor does not so return it, such resolution or contract shall thereupon go into effect and such ordinance become a law, in like manner and with the same effect as if the same had been approved by the mayor.
Sec. 6. Section 2.04 of Article II of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 375, is hereby amended to read as follows:
Section 2.04. The mayor shall, subject to confirmation by the council, appoint all officers of the city whose election or appointment is not otherwise provided for in this charter or by law. The mayor must nominate such appointments to the council at a regular meeting within thirty days after vacancy, and in case the person so nominated in not confirmed by a majority vote of the whole council, the mayor shall nominate another [and so on] until the [place] office is filled.
Sec. 7. Section 2.06 of Article II of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 111, Statutes of Nevada 1953, at page 111, is hereby amended to read as follows:
Section 2.06. The mayor shall receive such salary as the council shall, from time to time, prescribe by ordinance not exceeding the sum of [three] four thousand dollars [($3,000)] ($4,000) per annum, payable monthly.
Sec. 8. Section 3.03 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 463, Statutes of Nevada 1959, at page 812, is hereby amended to read as follows:
Section 3.03. A majority of all members of the council shall constitute a quorum to do business, but a less number may meet and adjourn from time to time, and with the approval of the mayor, compel the attendance of the absent members. [; provided, however, that no] No ordinance shall be passed except by a majority vote of the whole council. They may adopt rules for the government of its members and proceedings. It must keep a journal of all its proceedings, and upon the call of any one member, or the mayor, must cause the yeas and nays to be taken and entered upon its journal upon any question before it.
κ1961 Statutes of Nevada, Page 744 (CHAPTER 367, AB 398)κ
question before it. Its deliberations, sessions, and all proceedings must be public. The councilmen shall receive such salary as may be prescribed from time to time by ordinance, not exceeding the sum of [$900] $1,200 per annum for each councilman, payable monthly or semimonthly.
Sec. 9. Section 3.37 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 386, is hereby amended to read as follows:
Section 3.37. To provide for safeguarding the health of the city. [For this purpose, the council, with the mayor, who shall be president of the board, shall act as a city board of health, and the council may by ordinance prescribe its duties and powers. The council may elect a secretary of the board of health, who shall be the health officer of the city and have full power as such over all matters pertaining to health and sanitary matters. The board of health may be empowered, among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meal, and all other food products offered for sale in the city, and to have any such products as are unsound, spoiled, unwholesome, or adulterated summarily destroyed.
Said board shall have power to make all needful regulations for the preservation of the health and suppression of disease, and to prevent the introduction of contagious, infectious, or other diseases into the city; to make quarantine laws and regulations, and the city council shall have power to enforce the same] The council may enforce all regulations and quarantines established or created by the health officer by providing adequate penalties for violations thereof.
Sec. 10. Section 3.38 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 387, is hereby repealed.
Sec. 11. Section 3.39 of Article III of the above-entitled act, being chapter 180, statutes of Nevada 1949, at page 387, is hereby amended to read as follows:
Section 3.39. To fix, impose, and collect a license tax on, and to regulate all trades, callings, professions and business, conducted in whole or in part within the city. [, including all theaters, theatrical or melodeon performances, and performances of any kind held in any house, place or enclosure where wines, spirituous, malt, and vinous, or intoxicating liquors are sold or given away; circuses, shows, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements. To fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, saloons, eating houses, lunch counters, barrooms, lodging houses, accomodating four or more lodgers; bankers, brokers of every and all kinds, manufacturers; livery stables, express companies, telegraph and telephone companies, street railway companies, operating in whole or in part within said 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 all [tippling houses, dram shops, saloons, bars, barrooms,] businesses selling alcoholic liquors at wholesale or retail and all raffles, hawkers [,] and peddlers, except those dealing in their own agricultural products of this state.
κ1961 Statutes of Nevada, Page 745 (CHAPTER 367, AB 398)κ
hawkers [,] and peddlers, except those dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the locations of or suppress all [saloons, barrooms, gambling games, places where intoxicating liquors are sold or given away, street fakers, street peddlers, except as above stated,] fortune tellers, mediums, astrologers, palmists, clairvoyants, and phrenologists, pawn shops, pawn brokers, refreshment or coffee stands, booths and sheds. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests and exhibitions.
To fix, impose, and collect a license on, regulate, prohibit or prescribe the location of gambling and gaming houses, gambling and gaming of all kinds, faro, and all games of chance; houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance houses having special attractions such as music or otherwise. [To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of every, any and all kinds, trades and traders, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, sewing machine agents, marble or stone dealers, saddle and harness makers, cigar stores, cigar manufacturers, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops when separated from hardware stores, hardware stores, paint, paper, or oil stores, bicycle repair shops, cycleries, warehouses, cold storage plants, daily, weekly, semiweekly, monthly and semimonthly newspapers or publications, ice peddlers, insurance companies, including fire, life, or accident, and agents or solicitors for the same, shooting galleries, upholsterers, barber shops, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horseshoeing shops, tailor shops, shoe shops, cobblers, tinkers, cloth cleaning and dyeing establishments, bootblack stands, all billiard or pool games or other table games, or games played with cue or balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, local railroad, telegraph and telephone companies, express companies, stage companies, electric light, water, and power companies, bankers, brokers, job printers, manufacturers of soda waters or other soft drinks, or of beer, malt, spirituous, or vinous liquors, or other alcoholic beverages, brewing agencies, wholesale liquor houses, 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, planning mills, machine shops, car shops, building and loan companies, agents or solicitors for the same, real estate agents, popcorn, peanut and fruit stands, music stores, drygoods stores, furniture stores, drug stores, undertakers, boot and shoe stores, tamale stands or shops, abstract of title companies or persons furnishing the same, foundries, iron works, notions and notion stores, advertising by billboards, placards, and the like, gun stores, sporting, hunting and fishing-tackle stores, jewelry stores, resorts for amusements of all kinds and all and singular, all business, trades and professions, including attorneys, doctors, physicians, and dentists, and all character of business or callings not herein specifically named; provided, that in] In fixing any license tax the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association or corporation thus licensed and such license tax shall be paid on a pro rata basis.
κ1961 Statutes of Nevada, Page 746 (CHAPTER 367, AB 398)κ
the like, gun stores, sporting, hunting and fishing-tackle stores, jewelry stores, resorts for amusements of all kinds and all and singular, all business, trades and professions, including attorneys, doctors, physicians, and dentists, and all character of business or callings not herein specifically named; provided, that in] In fixing any license tax the council must have due regard to, and be governed as far as possible by, the amount or volume of business done by each person, firm, company, association or corporation thus licensed and such license tax shall be paid on a pro rata basis.
Sec. 12. Section 3.44 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 392, is hereby amended to read as follows:
Section 3.44. The city council, among other things, shall have the power:
First-To regulate lodging, tenement, and apartment houses [having four or more lodgers;] accommodating four or more persons in separately leased or rented rooms; to prevent the overcrowding of the same, and to require the same to be kept in sanitary condition.
Second-To adopt and enforce, by ordinance, all such measures and establish all such regulations, in case no express provision is in this charter made, as the council may, from time to time, deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of said city, the preservation of peace and good order, the promotion of public morals, and the suppression of vice in the city, and to pass ordinance upon any other subject of municipal control, or to carry into force or effect any other powers of the city, and to do and perform any other duty, every, and all other acts and things necessary for the execution of the powers conferred or which may be necessary fully to carry out the intent, purposes, and object thereof.
Third-To select, appoint, and employ such engineers, surveyors, architects, or other skilled mechanics or persons, from time to time, whenever in the judgment of the council it shall be necessary or expedient, for the purpose of preparing plans for, or supervising the construction of or directing any public work; the salary or compensation, duties and responsibilities of such person to be fixed, determined, and fully defined by ordinance.
Fourth-To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or of any provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months imprisonment, or both such fine and imprisonment.
Fifth-To require of and prescribe the amount and conditions of official bonds from the members of the council and all officers of the city, whether elective or appointive.
Sec. 13. Section 3.47 of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 395, is hereby amended to read as follows:
Section 3.47. The city council [shall] may not [have power to] enter into any contracts extending beyond the terms of the members of the city council then in office unless a notice of intention [shall have been] is introduced in regular session, setting forth fully and in detail the purpose, terms and conditions of the proposed contract.
κ1961 Statutes of Nevada, Page 747 (CHAPTER 367, AB 398)κ
of the city council then in office unless a notice of intention [shall have been] is introduced in regular session, setting forth fully and in detail the purpose, terms and conditions of the proposed contract. Such notice of intention shall be published in some newspaper published in the city, or if no newspaper be published in the city, then in some newspaper published in the county, most likely to give proper notice, in full, in at least two issues, one week apart. Such notice shall set a date for a public hearing on such notice of intention for the next following regular meeting of the city council and at that time the council shall hear any objections or protests made by any person or persons.
[At any subsequent regular meeting of the city council such] The council may authorize or reject or amend any such proposed contract [.] at any time after such hearing.
Sec. 14. Section 4 of Article IV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 463, Statutes of Nevada 1959, at page 814, is hereby amended to read as follows:
Section 4. There shall be a city clerk who may be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of the city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents not otherwise provided for. He shall be clerk of the council, attend all its proceedings, and shall audit all claims against the city. He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the council not exceeding [$8,400] $10,000 per annum payable semimonthly. He shall be a bona fide resident of the city of Sparks for at least three years prior to his election and a taxpayer therein.
Sec. 15. Section 8.05 of Article VIII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 372, Statutes of Nevada 1957, at page 703, is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 748 (CHAPTER 367, AB 398)κ
Section 8.05. The police judge shall receive such salary as may be provided by the city council, not exceeding [$3,000] $4,000 per annum.
Sec. 16. (This section deleted by amendment.)
Sec. 17. (This section deleted by amendment.)
Sec. 18. (This section deleted by amendment.)
Sec. 19. Section 12 of Article XII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 400, is hereby amended to read as follows:
Section 12. There shall be a building [and health] inspection department, the chief officer of which shall be the building [and health] inspector. He shall be appointed by the mayor subject to confirmation by three-fifths of the whole council, and shall be in complete charge of all buildings and construction work inspections and of the issuance of all permits required in such work.
He shall receive such salary as may be prescribed by the city council and shall have such other and additional duties as the city council may prescribe, and shall be subject to all rules and regulations of other appointive officers of the city.
Sec. 20. Section 14 of Article XIV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 402, is hereby amended to read as follows:
Section 14. The fees, salaries, or other compensations of officers or other persons employed by the city shall be regulated in the case of all elective officers of the city by duly enacted ordinances and as to all appointive officers, such as the police chief, [police judge,] chief of the fire department, and city engineer, and any other head of a department, by resolutions duly enacted by the city council. The compensation of all other city employees shall be fixed by motion of the council. All claims for fees, salaries, and all expenses necessarily incurred in carrying on the legitimate purposes and properly administering the duties of the city government, and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the council at the first regular meeting thereafter of each and every month, and the council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by the majority of the council, the city clerk shall certify all such claims or portions allowed, as the case may be, to the mayor, who shall draw a warrant upon the treasurer, and the same shall be paid by him. On paying any warrant, the 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 so canceled shall be a sufficient voucher for the treasurer in his settlement with the council, which shall take place annually, on the third Monday of December of each year. [; provided, the] The council [shall have the power] may at any time [to] require a statement and settlement with said treasurer.
κ1961 Statutes of Nevada, Page 749 (CHAPTER 367, AB 398)κ
Sec. 21. Section 14.04 of Article XIV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 403, is hereby amended to read as follows:
Section 14.04. No ordinance, order, or resolution of the council, having for its object or effect, directly or indirectly, the increasing of the salary or compensation of any officer of or person employed under the city government, in excess of the maximum amount as herein provided for, shall be valid or effective for any purpose or purposes whatsoever. [; provided, the] The council may, in the exercise of its sound discretion, decrease the salaries or compensation of the members thereof, or of any officer of the city, whether elective or appointive, and such decrease shall take effect immediately. [; provided further, that] But no such decrease shall apply to or affect the then incumbent in the office of mayor.
Sec. 22. Section 17 of Article XVII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 111, Statutes of Nevada 1953, and last amended by chapter 463, Statutes of Nevada 1959, at page 815, is hereby amended to read as follows:
Section 17. 1. The city council shall appoint a city manager who shall be the chief administrative officer of the city and who shall be responsible to the mayor and city council for the proper administration of the affairs of the city placed within his jurisdiction. Such manager shall be selected on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during the tenure of office he shall actually reside within the city of Sparks.
The city manager cannot be removed from office except by a majority vote of the council. He shall serve at the will of the council, and in case of his removal he may demand written charges and a public hearing thereon before the council, prior to the date upon which his final removal is to take place; but the decision and action of the council upon such hearing shall be final, and pending such hearing the council may suspend him from duty.
During the absence or disability of the city manager, the council shall designate some properly qualified person to perform his duties. Whenever a vacancy occurs in the office of city manager, the council shall proceed immediately to appoint a city manager.
The city manager shall receive an annual salary of not [less than $5,000 nor] more than [$9,000,] $12,000, as may be fixed by the council by [ordinance,] resolution, and before entering on the performance of his duties shall take the official oath of office. [and shall execute a bond in surety company satisfactory to the council in favor of the municipality for the faithful performance of his duties in such sum and in such form as may be fixed by the council.]
2. The city manager shall be responsible to the council for the efficient administration of all the affairs of the city. He shall have the power, and it shall be his duty:
κ1961 Statutes of Nevada, Page 750 (CHAPTER 367, AB 398)κ
(a) To exercise a careful supervision of the citys general affairs.
(b) To see that all laws and ordinances are duly enforced, and he is hereby declared to be beneficially interested in their enforcement and to have the power to sue in the proper court to enforce them.
(c) To exercise control over all departments, divisions and bureaus of the city government and over all the appointive officers and employees thereof.
(d) Except when the council is considering his removal, to attend all regular meetings of the council and its committees, with the right to take part in discussions, but without power to vote. He shall receive notice of all special meetings.
(e) To recommend to the council for adoption such measures and ordinances as he may deem necessary or expedient.
(f) To make investigations into the affairs of the city, or any department or division thereof, or any contract, or the proper performance of any obligation running to the city.
(g) To prepare and submit to the council the annual budget.
(h) To keep the council at all times fully advised as to the financial condition and needs of the city.
(i) To submit to the council, at least once each month, a list of all claims and bills approved for payment by him.
(j) To devote his entire time to the duties and interests of the city.
(k) To perform such other duties as may be prescribed by this charter or be required by ordinance or resolution of the council.
Sec. 23. This act shall become effective upon passage and approval.
________
Assembly Bill No. 453Washoe County Delegation
CHAPTER 368
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 April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10f of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 77, Statutes of Nevada 1923, at page 126, and amended by chapter 204, Statutes of Nevada 1937, at page 447, is hereby amended to read as follows:
Section 10f. The city council, among other things, shall have power:
First: To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to fix, impose and collect a charge and fee to be paid in advance by the occupant or owner of each premises served by or through the sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law, and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless such charge and fee is paid; to require owners, lessees, or other persons in control or possession of public buildings, or buildings used for public purposes, including hotels, dancing halls, theaters, and theater buildings, to place in or upon the same fire escapes and appliance for protection against fire; to prohibit, regulate and cause the abatement and removal at the expense of the owner of the premises, or the person in possession, charge or control of the premises, or the person responsible therefor, of dangerous chimneys, walls, and partly demolished, partly destroyed, or unsafe structures, stovepipes, ovens, and boilers; and to prevent the depositing of sewer filth, offal, manure, garbage, rubbish or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings, lumber, or any combustible material in unsafe places; to regulate and compel the abating, removal or cleaning, at the expense of the owner of premises, or the person in possession, charge or control of the premises, or the person responsible therefor of all nauseous matter, noxious or offensive smell, filth, garbage, offal, ashes, shavings, weeds, leaves, manure, old papers, boards, inflammable matter, unhealthy matter, unsightly matter, accumulated rubbish, debris, or nauseous, stinking, or foul privy vaults.
κ1961 Statutes of Nevada, Page 751 (CHAPTER 368, AB 453)κ
insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to fix, impose and collect a charge and fee to be paid in advance by the occupant or owner of each premises served by or through the sewage disposal system, such charge and fee to become and be a lien on the lot and premises so served, and, in addition to all other remedies allowed by law for the collection of such charge and fee, the lien therefor may be enforced in the manner provided by law, and the sewer connection may be disconnected and service discontinued until the delinquent charge and fee together with the cost for disconnection and reconnection is paid, and a license for the conduct of any business in said premises may be refused unless such charge and fee is paid; to require owners, lessees, or other persons in control or possession of public buildings, or buildings used for public purposes, including hotels, dancing halls, theaters, and theater buildings, to place in or upon the same fire escapes and appliance for protection against fire; to prohibit, regulate and cause the abatement and removal at the expense of the owner of the premises, or the person in possession, charge or control of the premises, or the person responsible therefor, of dangerous chimneys, walls, and partly demolished, partly destroyed, or unsafe structures, stovepipes, ovens, and boilers; and to prevent the depositing of sewer filth, offal, manure, garbage, rubbish or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings, lumber, or any combustible material in unsafe places; to regulate and compel the abating, removal or cleaning, at the expense of the owner of premises, or the person in possession, charge or control of the premises, or the person responsible therefor of all nauseous matter, noxious or offensive smell, filth, garbage, offal, ashes, shavings, weeds, leaves, manure, old papers, boards, inflammable matter, unhealthy matter, unsightly matter, accumulated rubbish, debris, or nauseous, stinking, or foul privy vaults. Wherever in this section it is stated that certain matters or things, herein mentioned, may be removed at the expense of the owner of the premises, or the person in possession, charge or control of the premises, or the person responsible for such matter or thing being upon said premises, the manner of abatement and removal, the assessment of the expense and cost thereof shall be the same as in the case of the abatement and removal of a nuisance as provided for in article XII, section 10c, subdivision second hereof, and said expense of abatement and removal shall constitute a lien to be enforced as in said article XII, section 10c, subdivision second provided, and the rights, duties and liabilities of the city and all persons interested shall be the same as in said article, section and subdivision provided.
Second: To regulate the entrance to and exit from theaters, lecture rooms, public halls, and churches, and the number and construction of such entrances and exits; to prohibit and regulate the placing of chairs, stools, or benches in or crowding or otherwise impeding or obstructing the passageways, aisles, sidewalks and streets or space in front of, entrances to or exits of such places; to prohibit and regulate the standing of persons in the aisles, passageways, on the stairs, in the exits or entrances, lobbies, foyers or balconies of such places.
κ1961 Statutes of Nevada, Page 752 (CHAPTER 368, AB 453)κ
the passageways, aisles, sidewalks and streets or space in front of, entrances to or exits of such places; to prohibit and regulate the standing of persons in the aisles, passageways, on the stairs, in the exits or entrances, lobbies, foyers or balconies of such places.
Third: To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances or wires, in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire-alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, or alleys.
Fourth: To require every railroad company and street railway company to keep the streets in repair between the tracks and along and within the distance of two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.
Fifth: To require or cause any lots or portions of lots, or any property or premises, or portion thereof, covered by stagnant water for any period to be filled up to such level as will prevent the same from being so covered, and the cost and expense of filling upon such real estate shall be a lien upon said lots, premises or property and a charge against and liability of the person in possession, charge, or control of the lots, premises, or property, or the owner thereof, and said lien shall be enforced and said costs and expenses collected as in the case of nuisances and provided for in article XII, section 10c, subdivision second hereof, and the rights, duties and liabilities of the city and all persons interested shall be the same as in said article, section and subdivision provided, and the manner of abatement and removal shall be the same in all respects as in said article, section, and subdivision provided.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 433Committee on Social Welfare
CHAPTER 369
AN ACT to amend chapter 127 of NRS, relating to adoption of children and adults, by adding a new section providing that it is a misdemeanor for persons or organizations not licensed by the state welfare department to advertise in connection with the placing or supplying of children for adoption; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 127 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person or organization who or which, without holding a valid unrevoked license or permit to place children for adoption issued by the state welfare department, advertises in any periodical or newspaper, or by radio or other public medium, that he or it will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption, is guilty of a misdemeanor.
κ1961 Statutes of Nevada, Page 753 (CHAPTER 369, AB 433)κ
unrevoked license or permit to place children for adoption issued by the state welfare department, advertises in any periodical or newspaper, or by radio or other public medium, that he or it will place children for adoption, or accept, supply, provide or obtain children for adoption, or causes any advertisement to be published in or by any public medium soliciting, requesting or asking for any child or children for adoption, is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 35Messrs. Von Tobel, Gibson, Tyson, Briare, Hafen, Bunker, Posin and Miss Frazier
CHAPTER 370
AN ACT to amend chapter 244 of NRS, relating to county government, by adding a new section authorizing the boards of county commissioners of certain counties to establish the standard of time for their respective counties; to amend NRS section 237.010, relating to daylight saving time, by providing that a proclamation by the governor establishing daylight saving time shall apply only to counties where the boards of county commissioners have not established the standard of time; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In any county in this state:
1. Bordering on a state through which runs a portion of the time zone boundary dividing the third and fourth zones of standard time (known and designated as United States standard mountain time and United States standard Pacific time, respectively, pursuant to the provisions of 15 U.S.C. § 263; or
2. Bordering on a state, the common boundary of such county and state being a portion of the time zone boundary dividing the third and fourth zones of standard time knows and designated as United States standard mountain time and United States standard Pacific time, respectively, pursuant to the provisions of 15 U.S.C. § 263), the board of county commissioners may, by ordinance, establish United States standard mountain time as the standard of time for that county.
Sec. 2. NRS 237.010 is hereby amended to read as follows:
237.010 1. The governor of the State of Nevada may establish daylight saving time for [the State of Nevada.] all counties of the State of Nevada in which the boards of county commissioners have not established a standard of time pursuant to section 1 of this act. Such time shall be established by proclamation, and, if proclaimed, shall be the official time for [the State of Nevada.] such counties.
κ1961 Statutes of Nevada, Page 754 (CHAPTER 370, AB 35)κ
2. Daylight saving time, if proclaimed, shall be 1 hour in advance of the standard time applicable to any portion of the state.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 230Committee on Finance
CHAPTER 371
AN ACT to amend NRS sections 219.010, 219.020, 219.030 and 219.040, relating to the board of commissioners for the promotion of uniformity of legislation in the United States, by abolishing such board and designating members of the legislative commission as the commissioners on uniform state laws; making other technical changes; and providing other matters properly relating thereto.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 219.010 is hereby amended to read as follows:
219.010 As used in this chapter, [board means the board of commissioners for the promotion of uniformity of legislation in the United States.] commissioners means the commissioners on uniform state laws.
Sec. 2. NRS 219.020 is hereby amended to read as follows:
219.020 [1. The board of commissioners for the promotion of uniformity of legislation in the United States shall consist of three suitable persons appointed by the governor.
2. Each member shall hold office for a term of 3 years, and until his successor is appointed.
3. A vacancy in the board shall be filled by appointment by the governor.
4. No member shall receive any compensation for his services.]
1. The members of the legislative commission are designated as the commissioners on uniform state laws.
2. The National Conference of Commissioners on Uniform State Laws is hereby declared to be a joint governmental agency of this state.
3. It shall be a function of the legislative commission to carry forward the participation of the State of Nevada in the National Conference of Commissioners on Uniform State Laws. Annual dues shall be paid to that organization out of the fund of the legislative counsel bureau.
Sec. 3. NRS 219.030 is hereby amended to read as follows:
219.030 The [board] commissioners shall:
1. Examine the subjects upon which uniformity of legislation in the various states is desirable, but which are outside the jurisdiction of the Congress of the United States.
κ1961 Statutes of Nevada, Page 755 (CHAPTER 371, SB 230)κ
2. Confer upon these matters with commissioners appointed by the other states for the same purpose.
3. Consider and draft uniform laws to be submitted for approval and adoption by the several states.
4. Generally devise and recommend such other and further course of action as shall accomplish the purpose of this chapter.
Sec. 4. NRS 219.040 is hereby amended to read as follows:
219.040 1. The [board] commissioners shall:
(a) Keep a record of all [its] their transactions.
(b) At each legislative session, make a report of [its] their transactions to the legislature.
(c) At each legislative session, make recommendations to the legislature.
2. The [board] commissioners may, at any time, other than that specified in subsection 1, make reports and recommendations to the legislature.
________
Senate Bill No. 181Committee on Public Health
CHAPTER 372
AN ACT to amend NRS section 639.070, relating to the powers and duties of the state board of pharmacy, by allowing such board to adopt a code of ethics.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 639.070 is hereby amended to read as follows:
639.070 The board shall have power:
1. To make such bylaws and regulations, including a code of ethics, not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
2. To regulate the practice of pharmacy.
3. To regulate the sales of poisons, drugs and medicines.
4. To examine and register as pharmacists applicants whom it shall deem qualified to be such.
5. To charge and collect necessary and reasonable fees for its services, other than those specifically set forth in this chapter.
________
κ1961 Statutes of Nevada, Page 756κ
Senate Bill No. 64Committee on Judiciary
CHAPTER 373
AN ACT to amend NRS sections 178.490 and 178.495, relating to the dismissal of criminal actions, by providing a definite period of time within which an indictment must be found or an information filed, and a definite period of time within which a defendant must be brought to trial after an indictment has been found or an information filed.
[Approved April 6, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 178.490 is hereby amended to read as follows:
178.490 When a person [has been] is held to answer for a public offense, if an indictment [be] is not found or an information filed against him [at the next session of the court at which he is held to answer, and at which a meeting of the grand jury is held,] within 30 days thereafter, the court shall order the prosecution to be dismissed, unless good cause to the contrary [be] is shown.
Sec. 2. NRS 178.495 is hereby amended to read as follows:
178.495 If a defendant whose trial has not been postponed upon his application is not brought to trial [at the next session of the court at which the indictment or information is triable, after the same is found or filed,] within 60 days after the finding of the indictment or filing of the information, the court shall order the indictment or information to be dismissed, unless good cause to the contrary [be] is shown.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 444Nye County Delegation
CHAPTER 374
AN ACT authorizing the director of the state department of conservation and natural resources to acquire certain lands from the Federal Government and other owners and lease them for the purpose of disposing of radioactive materials; providing limitations; and providing other matters properly relating thereto.
[Approved April 7, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The director of the state department of conservation and natural resources may, with the approval of the governor, acquire by purchase or by exchange of state lands on behalf of the State of Nevada from the Federal Government and any other person or entity which may have an interest therein title to all or any part of the lands described in section 2 of this act for the purposes provided in section 4 of this act on such terms as may be provided by federal law or regulation or by the contract of sale between the parties.
κ1961 Statutes of Nevada, Page 757 (CHAPTER 374, AB 444)κ
described in section 2 of this act for the purposes provided in section 4 of this act on such terms as may be provided by federal law or regulation or by the contract of sale between the parties.
Sec. 2. Such lands are located in Nye County, State of Nevada, and are particularly described as follows:
Township 13 South, Ranges 46 and 47 East, and Township 14 South, Range 47 East, M.D.B.&M.
Sec. 3. The director of the state department of conservation and natural resources may, on behalf of the State of Nevada, relinquish all rights, powers and privileges it may have to purchase any portion of such lands from the Federal Government. Any such relinquishment shall be subject to the approval of the governor, shall provide that no claims or rights to such lands may be asserted at any time, and shall be forwarded to the Secretary of the Interior.
Sec. 4. 1. The director of the state department of conservation and natural resources may, with the approval of the governor, lease any of the lands described in section 2 of this act, or enter into agreements relating to such lands, for the purpose of providing areas to dispose of low-level radioactive waste materials by burial, and for related purposes.
2. No such lease or agreement shall extend for more than 99 years.
3. All such lands used as provided in subsection 1 shall be closed to the public, in such manner as the director of the state department of conservation and natural resources shall prescribe, during the term of such lease or agreement and thereafter until all danger to public health arising from such use no longer exists.
Sec. 5. 1. There is hereby created in the state treasury a continuing fund designated the radioactive materials disposal fund.
2. All moneys received by the director of the state department of conservation and natural resources as a result of leases or agreements entered into pursuant to the provisions of this act shall be deposited in the radioactive materials disposal fund until the amount remaining in such fund is, in the opinion of the director and the governor, sufficient to accomplish the purposes of this act. All such moneys received in excess of such amount shall be deposited in the general fund in the state treasury.
3. Moneys in the radioactive materials disposal fund shall be used to pay the purchase price, as determined by appraisal, of the lands described in section 2 of this act, and for any other expenses necessarily incurred by the director of the state department of conservation and natural resources in carrying out the provisions of this act, including the costs of providing such protection at the termination of any lease or agreement as may be necessary in the interests of public health and welfare.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1961 Statutes of Nevada, Page 758κ
Senate Bill No. 25Committee on State, County and City Affairs
CHAPTER 375
AN ACT to amend NRS section 422.150, relating to appointment of the state welfare director, by providing that the state welfare director shall be appointed by the governor; and by providing other matters properly relating thereto.
[Approved April 7, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 422.150 is hereby amended to read as follows:
422.150 [With the approval of the] The governor [, the state welfare board] shall appoint a state welfare director. The state welfare director shall:
1. Be appointed on the basis of merit under the provisions of chapter 284 of NRS.
2. Be in the classified service, except for the purposes of removal.
3. Be responsible to the [board and to the] governor.
4. Serve at the pleasure of the [board.] governor.
________
Assembly Bill No. 242Committee on Public Health and Public Morals
CHAPTER 376
AN ACT to amend chapter 636 of NRS, relating to optometry, by adding a new section authorizing the Nevada state board of optometry to take legal action to enjoin the unauthorized practice of optometry; to amend NRS sections 636.025, 636.075, 636.100, 636.280 and 636.300, relating to acts constituting optometry practice to the compensation, office, seal and expenses of Nevada state board of optometry, to fees for examinations and licenses, and to unethical or unprofessional conduct, by changing provisions relating to the fitting of contact lenses; by increasing compensation of board members; by providing that the office of the board shall be in the office of the boards secretary; by increasing certain fees; by providing that advertising free examinations or rates or terms constitutes unethical practice; and by providing other matters properly relating thereto.
[Approved April 7, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 636 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board may cause appropriate legal action to be taken in the district court of any county to secure an injunction or order restraining the unauthorized practice of optometry.
Sec. 2. NRS 636.025 is hereby amended to read as follows:
636.025 The acts hereinafter enumerated in this section, or any of them, whether done severally, collectively or in combination with other acts not hereinafter enumerated, shall be deemed to constitute practice in optometry within the purview of this chapter.
1. Advertisement or representation as an optometrist.
κ1961 Statutes of Nevada, Page 759 (CHAPTER 376, AB 242)κ
2. Adapting, or prescribing or dispensing, without prescription by [or written authority from] a licensed Nevada practitioner of optometry or medicine, any ophthalmic lens, frame or mounting, or any part thereof, for correction, relief or remedy of any abnormal condition or insufficiency of the eye or any appendage or visual process thereof. The provisions of this subsection shall not be construed to prevent an optical mechanic from doing the mere mechanical work of replacement or duplication of such ophthalmic lens, nor shall the provisions hereof prevent a licensed dispensing optician from engaging in the practice of ophthalmic dispensing.
3. Examination of the human eyes and appendages thereof; measurement of the powers or range of human vision; determination of the accommodative and refractive states of the eye or the scope of its function in general; or diagnosis or determination of any visual, muscular, neurological, interpretative or anatomic anomalies or deficiencies of eyes, or appendages or visual processes thereof.
4. Prescribing or directing the use of, or using any optical device in connection with ocular exercises, orthoptics or visual training.
5. The prescribing of contact lenses.
6. The measurement, fitting or adaptation of contact lenses to the human eye except under the [direct personal] direction and supervision of a physician, surgeon or optometrist licensed in the State of Nevada.
Sec. 3. NRS 636.075 is hereby amended to read as follows:
636.075 1. A member shall be entitled to receive as compensation the sum of [$15] $25 for each day actually spent in the performance of his duties as such, [but not exceeding one per diem for the calendar day, and shall also be entitled to receive his necessary actual expenses in going to, attending and returning from meetings.] and actual expenses incurred as a member of the board.
2. Compensation and expenses of members shall be payable out of the funds derived from fees, fines and penalties paid or transmitted to the board under provisions of this chapter and no part thereof shall ever be paid out of the state treasury.
Sec. 4. NRS 636.100 is hereby amended to read as follows:
636.100 The board shall:
1. Establish and maintain [a permanent] an office [in Reno, Nevada.] which shall be located in the office of the secretary.
2. Adopt and use an official seal.
Sec. 5. NRS 636.280 is hereby amended to read as follows:
636.280 The amount of fees under this chapter shall be:
Examination fee........................................................................................ [$35] $50
Reexamination fee...................................................................................... [15] 25
Reciprocity application fee....................................................................... [50] 100
License issuance fee........................................................................................ 10
Annual license renewal fee: Not less than [$5,] $10, and not more than [$10] $25, as the board shall determine annually.
Duplicate license fee................................................................................... [5] 10
Duplicate renewal card issuance fee......................................................... [1] 2
κ1961 Statutes of Nevada, Page 760 (CHAPTER 376, AB 242)κ
Sec. 6. NRS 636.300 is hereby amended to read as follows:
636.300 The following acts, or any of them, on the part of the licensee, shall constitute unethical or unprofessional conduct:
1. Association as an optometrist with any person, firm or corporation violating this chapter.
2. Accepting employment, directly or indirectly, from a person or persons not licensed to practice optometry in this state for the purpose of assisting him or them in such practice or enabling him or them to engage therein.
3. Making a house-to-house canvass, either in person or by another or other persons, for the purpose of advertising, selling or soliciting the sale of eyeglasses, frames, lenses, mountings, or optometric examinations or services.
4. Division of fees with another optometrist except for services based on division of service or responsibility.
5. Division of fees or any understanding or arrangement with any person not an optometrist.
6. Employing any person to solicit house-to-house for the sale of eyeglasses, frames, lenses, mountings, or optometric examination or services.
7. Circulating or publishing, directly or indirectly, any false, fraudulent or misleading statement as to his method of practice or skill, or the method of practice or skill of any other licensee.
8. Advertising in any manner that will tend to deceive, defraud or mislead the public.
9. [Fraudulently advertising,] Advertising, directly or indirectly, free optometric examinations or services.
10. [Fraudulently advertising,] Advertising, directly or indirectly, any rates or definite amount or terms for optometric materials or services.
________
κ1961 Statutes of Nevada, Page 761κ
Senate Bill No. 217Committee on Public Health
CHAPTER 377
AN ACT to amend NRS section 637.020, defining certain words and terms used in the Dispensing Opticians Act of 1951, by redefining ophthalmic dispensing to include the measurement, fitting or adaptation of contact lenses; and by providing other matters properly relating thereto.
[Approved April 7, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 637.020 is hereby amended to read as follows:
637.020 1. In this chapter, unless the context otherwise requires:
(a) Board means the board of dispensing opticians.
(b) Dispensing optician means a person engaged in the practice of ophthalmic dispensing.
(c) Licensed physician, surgeon or optometrist means a person licensed by the respective state board having jurisdiction thereof.
(d) Ophthalmic dispensing means the practice of filling prescriptions of licensed physicians, surgeons or optometrists, and includes the taking of facial measurements, fitting and adjustment of lenses or frames, [and] duplication of lenses [.], and the measurement, fitting or adaptation of contact lenses to the human eye under the direction and supervision of a physician or surgeon licensed in the State of Nevada.
(e) Person means an individual only.
2. As used in this chapter, unless the context otherwise requires:
(a) Words in the masculine gender shall include the feminine gender.
(b) Words in the singular shall include the plural.
(c) Words in the plural shall include the singular.
________
κ1961 Statutes of Nevada, Page 762κ
Senate Bill No. 177Committee on Banks, Banking and Corporations
CHAPTER 378
AN ACT relating to building and loan and savings and loan associations; to amend NRS sections 673.003, 673.045, 673.060, 673.080, 673.260, 673.273, 673.275, 673.327, 673.330, 673.333 and 673.430, relating to building and loan and savings and loan associations, by changing the definition of terms; providing for the alteration and amendment of licenses by the commissioner of savings associations; creating a savings and loan fund in the state treasury and providing for the disposition of receipts and expenditures; adding fees for filing applications for licenses; increasing license fees and providing for assessments to operate the department of savings associations; providing for payment of stock dividends and the impairment of permanent stock and loans on unimproved real property; excluding certain fees and costs from initial loan fees; and increasing fees for supervision and examinations; to amend NRS sections 673.040, 673.043, 673.050, 673.110 to 673.250, inclusive, 673.270, 673.317 to 673.319, inclusive, 673.339, 673.390, 673.410, 673.420, 673.440 to 673.590, inclusive, 673.620, 673.630, 673.670, 673.690 and 673.770 to 673.800, inclusive, by making those sections applicable to the commissioner of savings associations rather than referring to the superintendent of banks; to amend chapter 673 of NRS, relating to building and loan and savings and loan associations, by adding new sections defining terms, creating a department of savings associations, the office of commissioner of savings associations and the savings association board; providing for the appointment, salary, expenses, qualifications, assistants and office space of the commissioner of savings associations; providing for the composition, qualifications, terms, removal, filling of vacancies, quorum, compensation, expenses, powers and duties of the savings association board; providing for review by the state board of finance and appeals to the courts; authorizing investments by associations, the establishment and maintenance of branch offices; providing for unlawful acts of officers, directors and employees and their reimbursement for expenses for defending legal actions; to repeal NRS sections 673.033, 673.277 and 673.322, relating to the superintendent of banks, permissible investments and restrictions on loans to officers, directors and employees; transferring records and other property from the superintendent of banks to the commissioner of savings associations; and providing other matters properly relating thereto.
[Approved April 7, 1961]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 673.003 is hereby amended to read as follows:
673.003 Board means the [state board of finance.] savings association board.
Sec. 2. Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Commissioner means the commissioner of savings associations.
Sec. 3. NRS 673.040 is hereby amended to read as follows:
673.040 The [superintendent] commissioner shall have supervision of all foreign and domestic associations, companies and corporations governed by this chapter and doing business in this state, and shall be charged with the administration of the provisions of this chapter.
κ1961 Statutes of Nevada, Page 763 (CHAPTER 378, SB 177)κ
Sec. 4. Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 17, inclusive, of this act.
Sec. 5. There is hereby created the department of savings associations consisting of:
1. The commissioner of savings associations; and
2. The savings association board.
Sec. 6. The commissioner shall:
1. Be appointed by and serve at the pleasure of the governor.
2. Receive an annual salary of $9,460.
3. Receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 7. The commissioner shall have had:
1. Experience in a full-time capacity in the supervision of associations; or
2. Experience on the supervisory staff of the Federal Savings and Loan Insurance Corporation or a federal home-loan bank; or
3. Actual practical experience of at least 3 years in the operation and management of an association.
Sec. 8. The commissioner shall have such technical and clerical assistance as the execution of his duties requires.
Sec. 9. Upon request of the commissioner, the superintendent of the state department of buildings and grounds shall assign and make available to the commissioner and the board suitable and convenient rooms or space for the use of the department.
Sec. 10. 1. The board shall consist of five members appointed by the governor. Members of the board shall be citizens of the United States and residents of this state.
2. The members shall be representative businessmen but not more than one may be actively engaged in the operation and management of an association.
3. The governor shall designate one of the members as chairman of the board.
Sec. 11. 1. The members of the board first to be appointed shall hold officer, one for 1 year, two for 2 years, one for 3 years and one for 4 years. Their successors shall be appointed for terms of 4 years.
2. Upon the expiration of his term of office a member shall continue to serve until his successor is appointed and qualifies.
Sec. 12. Any vacancy occurring during a term shall be filled by appointment for the balance of the unexpired term.
Sec. 13. 1. Associations shall, at least 30 days prior to the beginning of any term, or within 30 days after a position on the board becomes vacant, submit to the governor names of persons qualified for membership on the board. Should associations fail to submit timely nominations for a position on the board, then the board may forthwith submit nominations to the governor.
2. The governor shall appoint one of the nominees, giving consideration to proportional regional representation of associations in the state.
κ1961 Statutes of Nevada, Page 764 (CHAPTER 378, SB 177)κ
Sec. 14. The governor may, with the concurrence of the state board of finance, remove any member of the board without cause.
Sec. 15. A majority of the board shall constitute a quorum for the transaction of business.
Sec. 16. Members of the board shall serve without compensation, but they shall receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 17. 1. The board may adopt and amend, from time to time, regulations for the orderly conduct of its affairs.
2. The board shall:
(a) Have a seal which shall be judicially noticed.
(b) Keep, in the office of the commissioner, records of its proceedings. In any proceeding in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of such records certified as correct under the seal of the board shall be admissible in evidence as tending to prove the contents of such records.
3. All actions of the board shall be subject to review by the state board of finance.
Sec. 18. NRS 673.043 is hereby amended to read as follows:
673.043 1. The [superintendent] commissioner shall have the power to establish such rules and regulations as may be reasonable or necessary to carry out the purposes and provisions of this chapter.
2. Such rules and regulations as originally drafted, and as amended from time to time, shall be printed and distributed by the [superintendent] commissioner to all [building and loan and savings and loan] associations, and shall become effective not earlier than 30 days from the date of issuance, but before such rules and regulations become effective and within such 30-day period any association may appeal to the board as to the reasonableness and necessity of any of or all of such rules and regulations.
Sec. 19. NRS 673.045 is hereby amended to read as follows:
673.045 [1. The superintendent may, for reasonable cause and upon 15 days notice, amend or alter any license issued by him, but the association may, upon service of such notice, and within 5 days thereafter, appeal the order of the superintendent to the board. In such case the board shall set a time certain for hearing the protest of the association, and will give due notice thereof to the association and to the superintendent.
2. Upon a full hearing thereon the board, after hearing testimony and witnesses of both the superintendent and the association, shall issue an order sustaining or overruling the order of the superintendent.
3. The association may, under the procedure provided for appeals from judgments rendered civil actions in justices courts, appeal such ruling to the First Judicial District Court of the State of Nevada, in and for the county of Ormsby.
4. Appeals from the decision of the district court to the supreme court shall be as in other civil proceedings under the Nevada Rules of Civil Procedure.] The commissioner may, for reasonable cause and upon 15 days notice, amend or alter any license issued by him, but the association may appeal the order of the commissioner in the manner provided in this chapter.
κ1961 Statutes of Nevada, Page 765 (CHAPTER 378, SB 177)κ
the association may appeal the order of the commissioner in the manner provided in this chapter.
Sec. 20. NRS 673.050 is hereby amended to read as follows:
673.050 Nothing in this chapter shall be construed to prevent an association or person affected by any order, ruling, proceeding, act or action of the [superintendent,] commissioner, or any person acting on his behalf and at his instance, from testing the validity of the action in any court of competent jurisdiction through injunction, appeal, error or other proper process or proceeding, mandatory or otherwise.
Sec. 21. NRS 673.060 is hereby amended to read as follows:
673.060 [All fees and charges for expenses which are collected under the provisions of this chapter from foreign and domestic associations, companies and corporations governed by this chapter shall be paid into the general fund in the state treasury.]
1. There is hereby created in the state treasury the savings and loan fund.
2. All fees, charges for expenses, assessments and other moneys which are collected under the provisions of this chapter from foreign and domestic associations, companies and corporations governed by this chapter shall be paid into the savings and loan fund.
3. All moneys in the savings and loan fund shall be expended solely for the purposes of this chapter, and no part of the savings and loan fund shall revert to the general fund of the state.
4. The compensation provided for by this chapter and all expenses incurred under this chapter shall be paid from the savings and loan fund. No compensation or expenses incurred under this chapter shall be a charge against the general fund of the state.
Sec. 22. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to any such association or company authorizing it to do business until the articles of association, agreement or incorporation [is] are approved by the [superintendent.] commissioner.
2. No amendment to such articles of any such organization may be filed by the secretary of state without the written approval thereof by the [superintendent.] commissioner.
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the [superintendent] commissioner a license authorizing it so to do.
4. The application shall be: [in writing, be verified and be filed with the superintendent.]
(a) In writing.
(b) Verified.
(c) Accompanied by a fee of $500, no part of which shall be refunded.
(d) Filed with the commissioner.
5. In the application the association shall set forth:
(a) The names and addresses of its officers.
(b) The location of its office.
κ1961 Statutes of Nevada, Page 766 (CHAPTER 378, SB 177)κ
(c) An itemized account of its financial condition.
(d) The amount and character of its stock and shares.
(e) A copy of all minutes of any proceedings of its directors, shareholders or stockholders relating to or affecting the issue of such stock.
(f) Such additional information concerning the association, its condition and affairs as the [superintendent] commissioner may require.
6. Upon the filing of the application the [superintendent] commissioner shall examine it and the other papers and documents filed therewith. If he finds that the proposed issue will not mislead the public as to the nature of the investment or will not work a fraud upon the purchaser thereof, the [superintendent] commissioner may issue to the association a license authorizing it to issue and dispose of its stock in such amount as the [superintendent] commissioner may in the license provide; otherwise he shall deny the application and notify the association in writing of his decision.
7. No association shall sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the [superintendent] commissioner a license authorizing it to operate as a building and loan or savings and loan association under the laws of this state, and until it has, subsequent to obtaining such license, applied for and secured insurance under the rules and regulations of the Federal Savings and Loan Insurance Corporation.
8. [Upon approval of any aplication for a new license the superintendent shall notify all associations doing business within a radius of 50 miles of the principal place of business of the applicant of such approval. Any association notified may within 20 days protest the granting of the application. If no protest is received within 20 days, the superintendent shall issue the license.
9. Any applicant who is denied a license may appeal the decision to the board within 20 days of such denial.] Prior to approval of any application for a new or branch office license the commissioner shall notify all associations doing business within a radius of 50 miles of the principal place of business of the applicant. Any association so notified may, within 20 days, protest in writing the granting of the application. After receipt of such written protest, the commissioner shall fix a date for a hearing upon the protest within 30 days after the receipt thereof.
Sec. 23. NRS 673.110 is hereby amended to read as follows:
673.110 Any domestic association, which, on March 28, 1955, had the words building and loan in its name, may, by filing with the [superintendent] commissioner written notice thereof authorized by its board of directors and by complying otherwise with its articles of incorporation, change the word building in its name to the word savings.
Sec. 24. NRS 673.113 is hereby amended to read as follows:
673.113 1. Every association shall maintain a bankers blanket surety bond with a bonding company qualified to do business in this state, for an amount to be determined by the [superintendent] commissioner not to exceed 5 percent of the total assets of the association, covering all officers, employees and agents and all other operating hazards that are normally covered under such a blanket bond.
κ1961 Statutes of Nevada, Page 767 (CHAPTER 378, SB 177)κ
covering all officers, employees and agents and all other operating hazards that are normally covered under such a blanket bond. The bond shall insure the association.
2. A true copy of the bond shall be placed in the custody of the [superintendent] commissioner and the original maintained in the office of the association at all times.
3. The bond shall provide that a cancellation thereof, either by the surety company or by the insured, shall not become effective unless and until 10 days notice in writing is first given to the [superintendent,] commissioner, or unless he earlier approves the cancellation.
Sec. 25. NRS 673.115 is hereby amended to read as follows:
673.115 1. No association shall issue or publish, or cause or permit to be issued or published, any advertisement that it is doing or is permitted to do any business which is prohibited by law to an association, or which misrepresents the nature of its shares, stock, investment certificates or the right of investors or depositors in respect thereto.
2. An association may set forth in any of its advertisements any of the purposes for which it is organized.
3. Associations shall not issue, circulate or publish any advertisement after notice in writing from the [superintendent] commissioner that in his opinion the advertisement is unauthorized, false, misleading or likely to deceive the public.
4. An association shall not:
(a) State in any advertisement that it is under state supervision or control.
(b) Include in any advertisement or in any instrument used by it a replica of the great seal of the State of Nevada.
(c) State or imply in any advertisement that funds may be invested with such association at any place other than the principal office or branch of the association.
(d) Use the word deposit or deposits in any form of advertising.
5. No association shall offer or deliver any gift or premium to any investor of an investment certificate or savings member in excess of $2.50.
Sec. 26. NRS 673.250 is hereby amended to read as follows:
673.250 1. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the [superintendent] commissioner a license authorizing it so to do.
2. Every such license shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the stock permitted to be issued.
3. The [superintendent] commissioner may impose conditions requiring the impoundment of the proceeds from the sale of the stock, limiting the expense in connection with the sale and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the license.
Sec. 27. NRS 673.260 is hereby amended to read as follows:
κ1961 Statutes of Nevada, Page 768 (CHAPTER 378, SB 177)κ
673.260 1. The license mentioned in NRS 673.250 shall authorize the company, association or corporation to whom it is issued to sell its approved securities and contracts within this state for the remainder of the fiscal year ending on June 30 next succeeding. Each license shall be renewable, under like restrictions, annually thereafter.
2. For the issuing of any license provided for in NRS 673.250 and for any renewal thereof, the fee of the [superintendent] commissioner shall be: [$100 plus 15 cents for each $1,000 of gross assets as of December 31 of each year.
3.] (a) For each home office, $200 plus 15 cents for each $1,000 of gross assets of the company, association or corporation as of December 31 of each year.
(b) For each branch officer, $100.
3. If the commissioner finds that moneys in the savings and loan fund will be insufficient for the operation of the department, he may, annually, levy and collect an assessment from each company, association or corporation, the total of which shall not exceed 35 cents per each $1,000 of gross assets as of December 31 of each year. Assessments shall be prorated among such companies, associations and corporations on the basis of their gross assets. Notice of an assessment and the amount thereof shall be given to each company, association or corporation by registered or certified mail to the address of such company, association or corporation on file with the commissioner. The assessment shall be due and payable at the time provided in NRS 673.430.
4. All sums so received by the [superintendent] commissioner shall be forthwith delivered to the state treasurer and shall be paid into the [general] savings and loan fund in the state treasury.
Sec. 28. NRS 673.270 is hereby amended to read as follows:
673.270 1. No person shall, as agent, representative or employee of any such foreign or domestic company, association or corporation, or in any other capacity, sell or solicit sales for any such securities or contract for the sale of securities until he shall have first been licensed as a salesman or solicitor for sales of such securities by the [superintendent.] commissioner.
2. No person shall be licensed for a period of more than 1 year, and he shall not be licensed until he has first satisfied the [superintendent] commissioner as to his personal integrity.
3. For the issuing of any license provided for in this section and for any renewal thereof, the fee of the [superintendent] commissioner shall be $2. All sums so received by the [superintendent] commissioner shall be forthwith delivered to the state treasurer and shall be paid into the [general] savings and loan fund in the state treasury.
Sec. 29. NRS 673.273 is hereby amended to read as follows:
673.273 1. The total permanent stock subscribed and paid shall at all times be at least 1 percent of the savings capital of an association. Such stock plus the total of the surplus, undivided profits and all reserves available for losses shall not at any time be less than 5 percent of the aggregate certificate value of the outstanding investment certificates of the association. Any association which has not attained the ratio required by this section on March 30, 1959, shall attain such ratio within 5 years in the following percentages and on the following dates:
κ1961 Statutes of Nevada, Page 769 (CHAPTER 378, SB 177)κ
the ratio required by this section on March 30, 1959, shall attain such ratio within 5 years in the following percentages and on the following dates:
(a) On October 31, 1959, 3.2 percent.
(b) On December 31, 1959, 3.4 percent.
(c) On June 30, 1960, 3.6 percent.
(d) On December 31, 1960, 3.8 percent.
(e) On June 30, 1961, 4 percent.
(f) On December 31, 1961, 4.2 percent.
(g) On June 30, 1962, 4.4 percent.
(h) On December 31, 1962, 4.6 percent.
(i) On June 30, 1963, 4.8 percent.
(j) On December 31, 1963, 5 percent.
2. No dividends shall be declared on permanent stock until the total of the permanent stock, surplus, undivided profits and all reserves available for losses is equal to 5 percent of the outstanding investment certificates and if payment of such dividends would reduce the capital structure to an amount below 5 percent.
3. Subject to the provisions of this chapter, permanent stock shall be entitled to the rate of dividend, if earned, fixed by the board of directors.
4. Stock dividends may be payable out of otherwise unallocated surplus or undivided profits.
Sec. 30. NRS 673.275 is hereby amended to read as follows:
673.275 1. If the [superintendent,] commissioner, as a result of any examination or from any report made to him, finds that the permanent stock of any association is impaired, he shall notify the association that the impairment exists and shall require the association to make good the impairment within 90 days after the date of the notice.
2. If the amount of the impairment as determined by the [superintendent] commissioner is questioned by the association, then upon application filed within 10 days after the notice from the [superintendent] commissioner that the impairment exists, the association shall have the right to have the value of the assets in question be determined by appraisals made by independent appraisers acceptable to the [superintendent] commissioner and the association.
3. The directors of the association upon which the notice has been served shall levy a pro rata assessment upon the permanent stock to make good the impairment. They shall cause notice of the requirement of the [superintendent] commissioner and of the levy to be given in writing to each stockholder of the association, and the amount of assessment which he must pay for the purpose of making good the impairment. In lieu of making the assessment, the impairment may be made good, without the consent of the [superintendent,] commissioner, by reduction of the permanent stock. [in the manner provided in this chapter.] Any stockholder who does not make payment under such assessment shall transfer sufficient stock to the association to pay his pro rata share of the assessment, and there shall be no further liability to the stockholder.
κ1961 Statutes of Nevada, Page 770 (CHAPTER 378, SB 177)κ
Sec. 31. NRS 673.317 is hereby amended to read as follows:
673.317 No loan may be made upon the appraisement of, nor shall compensation for any appraisement be paid to any appraiser, officer or member of any committee who has not been first approved in writing by the [superintendent] commissioner for the association. The approval is subject to such limitations as the [superintendent] commissioner provides, and may be revoked for cause by the [superintendent,] commissioner, after giving due notice to the appraiser and the association and holding a hearing.
Sec. 32. NRS 673.318 is hereby amended to read as follows:
673.318 Every association shall appraise each parcel of real estate at the time of acquisition thereof. The report of each such appraisal shall be submitted in writing to the board of directors and shall be kept in the records of the association. The [superintendent] commissioner may require the appraisal of real estate securing loans which are delinquent more than 6 months. The association whose securities are appraised under this section shall pay the expense of such appraisal to the [superintendent] commissioner upon demand.
Sec. 33. NRS 673.319 is hereby amended to read as follows:
673.319 The [superintendent] commissioner may require each association to establish and maintain a specific loss reserve for the amount by which the book value of any asset exceeds the [superintendents] commissioners appraisal of such asset.
Sec. 34. NRS 673.327 is hereby amended to read as follows:
673.327 In addition to loans on homes and on combination of homes and business property, an association may make loans on other improved real property, on the direct reduction plan, repayable monthly within 25 years, but not in excess of:
1. The maximum percentage acceptable to the insuring or guaranteeing agency, if an insured or guaranteed loan; or
2. Eighty percent of the value of a home or combination home and business property; or
3. Seventy-five percent of the value of other improved real property, if the loan is repayable monthly within a period of 25 years; or
4. Thirty-five percent of the value of unimproved real property if the loan is repayable within a period of [2] 3 years; but loans on unimproved real property may not at any time exceed [1] 3 percent of the total assets of the association.
Sec. 35. NRS 673.330 is hereby amended to read as follows:
673.330 Associations shall not charge for the privilege of prepayment in part or in full of any real property loan an amount greater than 180 days interest on the amount prepaid. Initial loan fees shall not be in excess of that amount which, together with the first years interest, will exceed [12 percent of the loan.] the rate of 12 percent. Initial loan fees shall not include recording fees, attorneys fees, fire insurance, life insurance and title insurance premiums, escrow fees, taxes and assessments, the cost of federal documentary stamps, appraisal fees, construction control or voucher control fees, tax service, inspection fees, membership fees, the cost of credit reports, and reconveyance fees, either by deduction from the proceeds of such loan or otherwise, and paid out by the association.
κ1961 Statutes of Nevada, Page 771 (CHAPTER 378, SB 177)κ
inspection fees, membership fees, the cost of credit reports, and reconveyance fees, either by deduction from the proceeds of such loan or otherwise, and paid out by the association. Discounts on loans purchased shall not be considered as initial loan fees.
Sec. 36. (This section deleted by amendment.)
Sec. 37. NRS 673.333 is hereby amended to read as follows:
673.333 1. The apportionment of earnings or payment of interest by declaration of the board of directors shall be made semiannually on June 30 and December 31 of each year, or quarterly on such dates, plus March 31 and September 30 of each year.
2. The percentage rate of the declaration shall be determined by the board of directors as it shall deem expedient for the safety and security of all members and investors; but if such percentage rate is excessive, unjust or inequitable, it shall be subject to disapproval of, and reduction by, the [superintendent.] commissioner. However, the association may appeal any disapproval or reduction by the [superintendent] commissioner to the board.
[3. All account holders shall participate equally in dividends or interest prorated to the participation value of their respective accounts and in accordance with the requirements of this section.
4.] 3. No association shall be required to pay or credit dividends or interest on accounts of $10 or less.
[5.] 4. Except as otherwise provided in this chapter, dividends or interest shall be declared on the participation value of each account at the beginning of the dividend period, plus payments thereon made during the dividend or interest period, less amounts withdrawn, which for dividend or interest purposes shall be deducted from the latest previous payments thereon, computed at the dividend rate for the time invested, determined as provided in this section.
[6.] 5. The date of investment shall be the date of actual receipt by the association, except that the board of directors may fix a date, which shall not be later than the 15th day of the month, for determining the date of investment on which dividends or interest shall be computed. The board of directors may permit investments of $500 or more to receive dividends calculated from the date of actual receipt. The final determination date shall not be later than the 15th day of the month unless it falls on a nonbusiness day.
Sec. 38. NRS 673.339 is hereby amended to read as follows:
673.339 1. When any savings member, shareholder or investor shall have neither paid in nor withdrawn any funds from his savings account in the association for 7 consecutive years, and his whereabouts is unknown to the association and he has not responded to a letter from the association inquiring as to his whereabouts, sent by regular mail or registered mail to his last-known address, the association may transfer his account to a dormant accounts fund.
2. Any share or certificate account in the dormant account fund shall not participate in earnings of an association except by permissive action of the board of directors.
κ1961 Statutes of Nevada, Page 772 (CHAPTER 378, SB 177)κ
3. The member, or his or its executor, administrator, successor or assign, may claim the amount so transferred from his account to the dormant accounts fund at any time after the transfer.
4. Should the association be placed in liquidation while any savings account shall remain credited in the dormant accounts fund and before any valid claim shall have been made thereto, the savings account so credited, upon order of the [superintendent] commissioner and without any escheat proceedings, shall escheat to the State of Nevada.
Sec. 39. NRS 673.390 is hereby amended to read as follows:
673.390 1. Withdrawals shall be paid in the order of their filing, and no loans or investments shall be made, except by permission of the [superintendent,] commissioner, when any withdrawal request or order has remained on file unpaid for a period of more than 30 days; provided:
(a) Any such foreign or domestic association, company or corporation may, without the necessity of obtaining permission of the [superintendent,] commissioner, make or purchase loans or investments not exceeding the principal amount of moneys borrowed by such association, company or corporation from a federal home-loan bank or other federal loan agency; and
(b) Any such request or order which is not legally payable for reasons other than the restrictions of this section shall not be considered as on file.
2. Whenever applications for withdrawals shall reach such an amount that, in the opinion of the [superintendent,] commissioner, it would be inexpedient to pay such applications in the order of their filing, then, with the written permission of the [superintendent] commissioner first had and obtained, so much as may be directed by the [superintendent] commissioner of the money available to pay withdrawals may, each month, be prorated upon the amounts of all applications for withdrawals on file, irrespective of the order of filing.
Sec. 40. NRS 673.410 is hereby amended to read as follows:
673.410 1. If any association, company or corporation organized or incorporated under the laws of any governing body other than the State of Nevada is doing business in this state under the provisions of this chapter, and the laws of such other governing body conflict with any of the provisions of NRS 673.380 and 673.390, the provisions of the laws of such other governing body shall prevail as to each such conflict.
2. Whenever any such foreign organization follows a course or performs any act which is forbidden to any domestic organization under the terms of NRS 673.380 and 673.390, it shall report to the [superintendent] commissioner all of the facts relating thereto.
Sec. 41. NRS 673.420 is hereby amended to read as follows:
673.420 Any such foreign or domestic association, company or corporation or its secretary or manager shall immediately notify the [superintendent] commissioner of its inability to pay any such withdrawal request or order which has been on file for a period of more than 60 days.
κ1961 Statutes of Nevada, Page 773 (CHAPTER 378, SB 177)κ
Sec. 42. NRS 673.430 is hereby amended to read as follows:
673.430 1. Each such foreign or domestic association, company or corporation doing business in this state shall cause to be filed annually with the [superintendent] commissioner on or before March 1, a sworn statement in two sections.
2. One section of the annual report shall contain, in such form and detail as the [superintendent] commissioner may prescribe, the following:
(a) The amount of authorized capital by classes and the par value of each class of shares.
(b) A statement of its assets and liabilities at the close of its last fiscal year.
(c) Salaries paid to each of its officers and to its manager, if any, during its last fiscal year.
(d) The total of its liability to Nevada investors at the close of its last fiscal year.
(e) Any other facts which the [superintendent] commissioner may require.
This section of the annual report shall be furnished in duplicate, one copy, duly certified as such, to be returned to the reporting organization, which, with the exception of paragraph (c) of subsection 2, shall be published at least two times in some newspaper having a general circulation in the county in which the association maintains an office. Publication shall be completed on or before May 1, and proof thereof shall be filed in the office of the [superintendent.] commissioner.
3. One section of the annual report shall contain such other information as the [superintendent] commissioner may require to be furnished therein. This section need not be published and shall be treated as confidential by the [superintendent.] commissioner.
4. At the time of filing of its annual report, every association shall be required to pay to the [superintendent] commissioner for supervision and examination: [an]
(a) An annual fee of [$100,] $200 for each home office, and an annual assessment on its gross assets computed per $1,000 as of December 31 of the preceding year at the rate of 15 cents per $1,000 of gross assets.
(b) An annual fee of $100 for each branch office.
(c) Any assessment levied pursuant to the provisions of subsection 3 of NRS 673.260.
Sec. 43. 673.440 is hereby amended to read as follows:
673.440 Each such foreign or domestic association, company or corporation shall cause to be supplied to the [superintendent] commissioner at any time, upon his demand, any information which he may require as to its condition, affairs or methods.
Sec. 44. NRS 673.450 is hereby amended to read as follows:
673.450 1. The [superintendent] commissioner is authorized to make or cause to be made such examinations of the books and records, wherever they may be, and of the affairs of such organizations as he may deem expedient.
κ1961 Statutes of Nevada, Page 774 (CHAPTER 378, SB 177)κ
wherever they may be, and of the affairs of such organizations as he may deem expedient.
2. In connection with the provisions of this section the [superintendent] commissioner shall have full access to, and may compel the production of, all books, papers, moneys, securities and records of such organization and may administer oaths. Any willful false swearing shall be deemed perjury and shall be punishable as such.
Sec. 45. NRS 673.460 is hereby amended to read as follows:
673.460 1. Whenever in connection with such examinations it shall be necessary or expedient that the [superintendent] commissioner or his deputy, or both, shall leave this state, there shall be assessed against the organization under examination a fee of $25 per day for each such [superintendent] commissioner and deputy while without the state in such connection, together with all actual and necessary expenses.
2. The fee so charged shall be remitted to the [superintendent,] commissioner, who shall deliver the same to the state treasurer forthwith, and such fees shall be paid into the [general] savings and loan fund in the state treasury.
Sec. 46. NRS 673.470 is hereby amended to read as follows:
673.470 In lieu of making any examination, the [superintendent] commissioner may accept any examination of any association made by the Federal Home Loan Bank Board, any federal home-loan bank, or the Federal Savings and Loan Insurance Corporation, or may examine any such institution in conjunction with the Federal Home Loan Bank Board, a federal home-loan bank, or the Federal Savings and Loan Insurance Corporation.
Sec. 47. NRS 673.480 is hereby amended to read as follows:
673.480 The [superintendent,] commissioner, his agents and employees may furnish to the Federal Home Loan Bank Board, or to any federal home-loan bank, or to examiners duly appointed by the Federal Home Loan Bank Board or any federal home-loan bank, or to any federal loan agency, copies of any instruments concerning, and may disclose any information with reference to, the conditions or affairs of any such foreign or domestic association, company or corporation.
Sec. 48. NRS 673.485 is hereby amended to read as follows:
673.485 If the [superintendent] commissioner finds as the result of any examination or from any report made to him or to any association doing business in this state or from any report made to any of its investors that the association is violating the provisions of its articles of incorporation, charter, bylaws, or any law of this state, or is conducting its business in an unsafe or injurious manner, he may by an order addressed to such association direct a discontinuance of such violations or unsafe or injurious practices and a conformity with all the requirements of law.
Sec. 49. NRS 673.495 is hereby amended to read as follows:
673.495 The [superintendent] commissioner may, with the prior approval of the [state board of finance,] board, demand and take possession of the property, business and assets of an association if any of the following occur:
κ1961 Statutes of Nevada, Page 775 (CHAPTER 378, SB 177)κ
1. The association does not comply with the order given pursuant to NRS 673.485, within the time specified therein.
2. It appears to the [superintendent] commissioner that the association is in an unsafe condition or is conducting its business in an unsafe or injurious manner such as to render its further proceeding hazardous to the public or to any or all of its investors.
3. The [superintendent] commissioner finds that the associations assets are impaired to such an extent that, after deducting all liabilities other than to its investors they do not equal or exceed the sum of the value of its outstanding shares and investment certificates and the par value of its outstanding stock.
4. The association refuses to submit its books, papers and accounts to the inspection of the [superintendent] commissioner or any of his examiners, deputies or assistants.
5. Any officer of the association refuses to be examined upon oath concerning the affairs of the association.
Sec. 50. NRS 673.505 is hereby amended to read as follows:
673.505 Whenever the [superintendent] commissioner takes possession of an associations property, business and assets pursuant to NRS 673.485 to 673.577, inclusive, the association may within 30 days after the taking of possession commence an action in the district court of the county in which the principal office of the association is located, to enjoin further proceedings. The court after citing the [superintendent] commissioner to show cause why further proceedings should not be enjoined, hearing the allegations and proofs of the parties, and determining the facts, may upon the merits dismiss such action, or enjoin the [superintendent] commissioner from further proceedings and direct him to surrender the business, property and assets to the association.
Sec. 51. NRS 673.515 is hereby amended to read as follows:
673.515 An appeal from a judgment enjoining the [superintendent] commissioner from further proceedings and directing him to surrender the business, property and assets to the association does not operate as a stay of the judgment, unless the trial court in its discretion so orders. If an appeal from the judgment is taken by the [superintendent] commissioner no bond need be given. If the judgment dismisses the action an appeal therefrom does not operate as a stay of the judgment but the court rendering such judgment may, in its discretion, enjoin the [superintendent,] commissioner, pending the appeal, from further proceedings and direct him, pending the appeal, to surrender such business, property and assets to the association, if a bond is given in an amount not less than 10 percent of the cash on hand or on deposit.
Sec. 52. NRS 673.525 is hereby amended to read as follows:
673.525 Whenever the [superintendent] commissioner demands possession of the property, business and assets of any association, pursuant to NRS 673.485 to 673.577, inclusive, the refusal of any officer, agent, employee or director of such association to comply with the demand is a misdemeanor, punishable by a fine of not more than $500, or by imprisonment in the county jail for not more than 90 days, or by both fine and imprisonment.
κ1961 Statutes of Nevada, Page 776 (CHAPTER 378, SB 177)κ
or by imprisonment in the county jail for not more than 90 days, or by both fine and imprisonment.
Sec. 53. NRS 673.535 is hereby amended to read as follows:
673.535 If the demand of the [superintendent] commissioner for the possession of the property, business and assets is not complied with within 24 hours after service of the demand, the [superintendent] commissioner may call to his assistance the sheriff of the county in which the principal place of business of such association is located, by giving the sheriff written demand. The sheriff shall enforce the demands of the [superintendent.] commissioner.
Sec. 54. NRS 673.545 is hereby amended to read as follows:
673.545 When the [superintendent] commissioner takes possession of the property, business and assets of any association, the president and secretary of such association shall make a schedule of all its property, assets and collateral held by it as security for loans and make an oath that such schedule sets forth all such property, assets and collateral. The president and secretary shall delivery the schedule, and the possession of all property, assets and collateral not previously delivered to the [superintendent.] commissioner. The [superintendent] commissioner may at any time examine under oath any president, secretary, officer, director, agent or employee of the association, to determine whether or not all such property, assets or collateral have been transferred and delivered into his possession.
Sec. 55. NRS 673.555 is hereby amended to read as follows:
673.555 The [superintendent] commissioner may issue subpenas and require the attendance of parties for examination.
Sec. 56. NRS 673.565 is hereby amended to read as follows:
673.565 When the [superintendent] commissioner takes possession of the business, property and assets of an association, he may appoint a custodian. The [superintendent] commissioner may require a good and sufficient bond from the custodian and place him in charge as his representative.
Sec. 57. NRS 673.575 is hereby amended to read as follows:
673.575 When the [superintendent] commissioner takes possession of the property, business and assets of an association, he may collect all money due to such association and give receipt therefor. The [superintendent] commissioner may do such other acts as are necessary or expedient to collect, conserve or protect the associations business, property and assets.
Sec. 58. NRS 673.576 is hereby amended to read as follows:
673.576 If the [superintendent] commissioner is in possession of the business, property and assets of an association, whether or not he is liquidating the affairs of such association, the [superintendent] commissioner may:
1. Apply to the district court of the county in this state in which the principal office of the association is located for an order confirming any action taken by the [superintendent,] commissioner, or authorizing the [superintendent] commissioner to do any act or execute any instrument not expressly authorized by NRS 673.485 to 673.577, inclusive.
κ1961 Statutes of Nevada, Page 777 (CHAPTER 378, SB 177)κ
instrument not expressly authorized by NRS 673.485 to 673.577, inclusive. The order shall be given after a hearing on such notice as the court prescribes.
2. Pay and discharge any secured claims against the association. No secured claim shall be paid in an amount larger than the value of the security at the time of payment.
3. Pay administrative or current expenses incurred prior to the taking of possession which are necessary or convenient to the orderly or economic liquidation or preservation of the assets, and pay all wages or salaries, not exceeding $250 per month to any one person, earned within 6 months prior to the taking of possession, whether or not claims for such expenses, wages or salaries have been presented for payment.
4. Disaffirm any executory contracts, including leases, to which the association is a party, and disaffirm any partially executed contracts, including leases, to the extent that they remain executory. The disaffirmance shall be made within 6 months after obtaining knowledge of the existence of the contract or lease.
Sec. 59. NRS 673.577 is hereby amended to read as follows:
673.577 Claims for damages resulting from the disaffirmance of an executory contract or lease by the [superintendent] commissioner may be filed and allowed. No claim of a landlord for damages resulting from the disaffirmance of an unexpired lease of real property or under any covenant of such lease shall be allowed in an amount exceeding the rent reserved by the lease, without acceleration, for the year succeeding the date of the surrender of the premises plus the amount of any unpaid accrued rent without acceleration. Any such claim must be filed within 30 days of the date of such disaffirmance.
Sec. 60. NRS 673.580 is hereby amended to read as follows:
673.580 1. The [superintendent] commissioner may, if he takes possession of any association the shares or share accounts of which are to any extent insured by the Federal Savings and Loan Insurance Corporation, tender to the Federal Savings and Loan Insurance Corporation the appointment as statutory liquidator of the association. If he does not make a tender as sole statutory liquidator, he shall tender to the Federal Savings and Loan Insurance Corporation the appointment as statutory coliquidator to act jointly with the [superintendent.] commissioner. The coliquidatorship shall not be for more than 1 year from the date of tender, at the expiration of which time the [superintendent] commissioner shall become the sole liquidator except as otherwise provided by this section. The [superintendent] commissioner shall tender to the Federal Savings and Loan Insurance Corporation the appointment as sole statutory liquidator of the association whenever the corporation has become subrogated to the rights of 90 percent of the liability of the association on shares and share accounts. If the Federal Savings and Loan Insurance Corporation becomes subrogated as to all the shares and share accounts in the association, it may then exercise all the powers and privilege conferred upon it by this chapter without court approval.
κ1961 Statutes of Nevada, Page 778 (CHAPTER 378, SB 177)κ
association, it may then exercise all the powers and privilege conferred upon it by this chapter without court approval.
2. If the Federal Savings and Loan Insurance Corporation accepts the appointment as sole liquidator it shall possess all the powers and privileges of the [superintendent] commissioner as statutory liquidator of a possessed savings and loan association and shall be subject to all duties of the [superintendent] commissioner as sole liquidator, except insofar as the powers and privileges or duties are in conflict with federal laws, and except as otherwise provided in this chapter, unless the association resumes business pursuant to the provisions of this chapter. If the Federal Savings and Loan Insurance Corporation accepts the appointment as coliquidator, it shall possess such powers and privileges jointly with the [superintendent] commissioner and shall be subject to the duties jointly with the [superintendent.] commissioner.
3. If the Federal Savings and Loan Insurance Corporation accepts the appointment as coliquidator or liquidator, it shall file its acceptance with the [superintendent] commissioner and the clerk of the district court. The corporation may act without bond. Upon the filing by the Federal Savings and Loan Insurance Corporation of its acceptance of an appointment as sole liquidator, the possession of and title to all the assets, business and property of the association shall vest in the Federal Savings and Loan Insurance Corporation without the execution of any conveyance, assignment, transfer or endorsement. Upon the filing by the Federal Savings and Loan Insurance Corporation of its acceptance of the appointment as coliquidator, the possession and title shall be vested in the [superintendent] commissioner and the corporation jointly. If the Federal Savings and Loan Insurance Corporation does not qualify as sole liquidator at or before the time provided for the expiration of the coliquidatorship, the corporation shall be wholly divested of the joint title and possession, and the sole title and possession shall vest in the [superintendent.] commissioner. The vesting of title and possession of the property of the association shall not render the property subject to any claims by the federal corporation, except those which are encumbered by it with respect to the association and its property. Whether or not it serves as liquidator or coliquidator, the corporation may make loans on the security of or may purchase with the approval of the court, except as otherwise provided in this chapter, all or any part of the assets of any association, the shares or share accounts of which are to any extent insured by it. In the event of a purchase, the corporation shall pay a reasonable price.
4. Whether or not the Federal Savings and Loan Insurance Corporation serves as liquidator, whenever it pays or makes available for payment the shares or share accounts of any association in liquidation which are insured by it, it shall be subrogated upon the surrender and transfer to it of the shares or share accounts. The surrender and transfer shall not affect any right which the transferor has in any shares or share accounts which are not paid or made available for payment or any right to participate in the distribution of the net proceeds remaining from the disposition of the assets of the association.
κ1961 Statutes of Nevada, Page 779 (CHAPTER 378, SB 177)κ
the net proceeds remaining from the disposition of the assets of the association. The rights of the investors and creditors of the association shall be determined in accordance with the applicable provisions of the laws of this state.
Sec. 61. NRS 673.590 is hereby amended to read as follows:
673.590 1. Whenever, in the case of any association which has issued permanent stock, the [superintendent] commissioner or the Federal Savings and Loan Insurance Corporation has fully liquidated all claims other than claims of the stockholders, and has made due provision for any and all known or unclaimed liabilities, excepting claims of permanent stockholders, and has paid all expenses of liquidation, the [superintendent] commissioner shall call a meeting of the stockholders of the savings or building and loan association.
2. Notice of the meeting shall be given by:
(a) Five publications in a 30-day period in one or more newspapers published in the county in which the principal officer of the association is located; and
(b) Letter to each stockholder addressed to his last-known address.
3. At the meeting the [superintendent] commissioner shall deliver to the stockholders all the property and effects of the association remaining in his possession except its records, which shall be retained by him as part of the records of his office. Upon transfer and delivery he shall be discharged from any and all further liability to the association or its creditors, and thereafter the association shall be in the same position as though it has never been authorized to transact a savings or building and loan business.
Sec. 62. NRS 673.620 is hereby amended to read as follows:
673.620 1. At a meeting of the shareholders held as provided in NRS 673.610, such shareholders may, by the affirmative vote of the majority of the shareholders present, in person or by proxy, declare, by resolution, the determination to convert the state company, association or corporation into a federal savings and loan association.
2. A copy of the minutes of such meeting of the shareholders, verified by the affidavit of the president or vice president and the secretary of the meeting, shall be filed in the office of the [superintendent] commissioner within 10 days after the date of such meeting. Such sworn copy of the proceedings of such meeting, when so filed, shall be presumptive evidence of the holding and the action of such meeting.
Sec. 63. NRS 673.630 is hereby amended to read as follows:
673.630 After the holding of the meeting of shareholders, the state company, association or corporation shall take such action, in the manner prescribed or authorized by the laws of the United States or the rules and regulations promulgated pursuant thereto, as shall make it a federal savings and loan association, and there shall thereupon be filed in the office of the [superintendent] commissioner a copy of the charter of authorization issued to such company, association or corporation by the Federal Home Loan Bank Board or a certificate showing the organization of such company, association or corporation as a federal savings and loan association, certified by the Federal Home Loan Bank Board.
κ1961 Statutes of Nevada, Page 780 (CHAPTER 378, SB 177)κ
as a federal savings and loan association, certified by the Federal Home Loan Bank Board. Upon such filing with the [superintendent,] commissioner, the company, association or corporation shall cease to be a state building and loan association, company or corporation, but it shall still retain all rights, privileges and exemptions of a domestic company, association or corporation of the same kind and character.
Sec. 64. NRS 673.670 is hereby amended to read as follows:
673.670 Copies of the minutes of the proceedings of such meeting, verified by the affidavit of the president or vice president and the secretary or an assistant secretary, shall be filed in the office of the [superintendent] commissioner and, in duplicate, with the federal home-loan bank of which the association is a member, within 10 days after such meeting.
Sec. 65. NRS 673.690 is hereby amended to read as follows:
673.690 1. After the meeting, the federal association shall take or cause to be taken such action in the manner prescribed and authorized by the laws of this state as shall make it a building and loan association, company or corporation of this state, and the directors elected at such meeting shall file such documents and take such proceedings as are required by the laws of this state in the case of the original incorporation of a building and loan association, company or corporation.
2. No building and loan association, company or corporation incorporated by conversion from a federal savings and loan association shall be required to comply with any of the provisions of law or any regulations promulgated by the [superintendent] commissioner relating to the minimum amounts of capital required to be subscribed in connection with the original incorporation of a building and loan association, company or corporation under the laws of this state.
Sec. 66. Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 67 to 73, inclusive, of this act.
Sec. 67. 1. Notwithstanding any other provision of this chapter, every company, association or corporation licensed under the provisions of this chapter whose accounts are insured by the Federal Savings and Loan Insurance Corporation or its successor, or which is a member of a federal home-loan bank or its successor, shall possess the same rights, powers, privileges, immunities and exceptions which are possessed by any federally chartered association.
2. When more permissive lending and investment privileges and provisions regarding payments of interest and dividends or other powers, privileges, immunities and exceptions are extended to federally chartered associations, the same shall be extended to every company, association or corporation licensed under the provisions of this chapter whose accounts are insured by the Federal Savings and Loan Insurance Corporation or its successor, or which is a member of a federal home-loan bank or its successor.
Sec. 68. 1. A branch officer is a legally established place of business of an association, other than the home office, authorized by the board of directors and approved by the commissioners, and at which any and all association business may be conducted.
κ1961 Statutes of Nevada, Page 781 (CHAPTER 378, SB 177)κ
of directors and approved by the commissioners, and at which any and all association business may be conducted.
2. Each association shall be operated from the home office. All branch offices shall be subject to direction from the home office.
3. No association may establish or maintain a branch office without prior written approval of the commissioner. Each application for approval of the establishment and maintenance of a branch office shall:
(a) State the proposed location thereof, the need therefor, the functions to be performed therein, the estimated annual expense thereof and the mode of payment therefor.
(b) Be accompanied by a fee of $250, no part of which shall be refunded.
(c) Be accompanied by a budget of the association for the current dividend period and for the next succeeding semiannual period, which reflects the estimated additional expense of the maintenance of such branch office.
4. After receipt of an application the commissioner shall determine:
(a) Whether the establishment and maintenance of the branch office will unduly injure any properly conducted existing association in the community where such branch office is proposed to be established or in any neighboring community; and
(b) Whether or not the establishment and maintenance of the branch office will serve the public interest.
5. If the commissioner finds that no undue injury is likely to result, that the establishment and maintenance of such branch office is advisable and will serve the public interest, he may approve the application.
6. For good cause and after notice to the association, the commissioner may revoke his approval for the maintenance of a branch office. Such revocation may be appealed by the association pursuant to the provisions of section 69 of this act.
Sec. 69. 1. Any association aggrieved by any action of the commissioner or by his failure to act under the provisions of this chapter may appeal therefrom to the board. The association shall file a written statement of objections with the chairman of the board within 30 days after the action of the commissioner or after his failure to act. A copy of the statement of objections shall be filed simultaneously with the commissioner.
2. Within 10 days after the filing of such statement of objections with the chairman, the board shall fix a date for a hearing on the objections. Written notice shall be given to the objecting association and to the commissioner stating the date of the hearing. The date of the hearing shall not be earlier than 15 days nor later than 30 days after the date of the notice, unless the board determines that an earlier hearing is necessary or advisable.
3. At the hearing, the association may be represented by an attorney, and may show by its directors, officers, employees and other witnesses the reasons why it deems itself aggrieved by the commissioners action or failure to act.
κ1961 Statutes of Nevada, Page 782 (CHAPTER 378, SB 177)κ
witnesses the reasons why it deems itself aggrieved by the commissioners action or failure to act. The commissioner may be represented by an attorney, and shall be heard in defense of his action or his failure to act. Other interested persons who may be affected by the boards decision may be permitted to appear and testify.
4. Upon the conclusion of the hearing, the board shall excuse the representatives of the association, the commissioner and all other persons present, and shall determine the facts. The board may, in writing, either approve, disapprove or modify the action of the commissioner or approve or disapprove of his failure to act.
5. The boards written findings and decision shall be subject to review by the state board of finance if written demand therefor is filed with the secretary of the state board of finance within 30 days after the rendition of the findings and decision of the savings association board.
6. Any association shall have the right to appeal to the courts of the State of Nevada from any decision of the board after review thereof by the state board of finance as provided in subsection 5.
Sec. 70. (This section deleted by amendment.)
Sec. 71. 1. An association shall have the power to invest in:
(a) Without limit, obligations of, or guaranteed as to principal and interest by, the United States or this state.
(b) Stock of a federal home-loan bank of which it is eligible to be a member.
(c) Any obligations or consolidated obligations of any federal home-loan or bank or banks.
(d) Stock or obligations of the Federal Savings and Loan Insurance Corporation.
(e) Stock or obligations of a national mortgage association or any successor or successors thereto.
(f) Demand, time or savings deposits with any bank or trust company, the deposits of which are insured by the Federal Deposit Insurance Corporation.
(g) Stock or obligations of any corporation or agency of the United States or this state, or in deposits therewith to the extent that such corporation or agency assists in furthering or facilitating the associations purposes or powers.
(h) Savings accounts of any insured state-licensed association and of any federal savings and loan association.
(i) Bonds, notes or other evidence of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of this state.
2. An association may invest any portion of its funds in loans to its borrowing members secured by first lien deeds of trust or mortgages upon real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter, but no one loan can be made in excess of 2 percent of the total assets of the association.
Sec. 72. 1. It is unlawful for an officer, director or employee of an association:
κ1961 Statutes of Nevada, Page 783 (CHAPTER 378, SB 177)κ
(a) To solicit, accept or agree to accept, directly or indirectly, from any person other than the association, any gratuity, compensation or other personal benefit for any action taken by the association or for endeavoring to procure any such action.
(b) To have any interest, direct or indirect, in the proceeds of a loan or of a purchase or sale made by the association, unless such loan, purchase or sale is authorized expressly by this chapter or by a resolution of the board of directors of the association. Such resolution shall be approved by a vote of at least two-thirds of all the directors of the association, and an interested director shall take no part in the vote.
(c) To have any interest, direct or indirect, in the purchase at less than its face value of any evidence of a savings account or other indebtedness issued by the association.
2. Any violation of the provisions of subsection 1 is a misdemeanor.
Sec. 73. 1. An association shall pay on behalf of or reimburse an officer, director or employee for the expenses of defending an action brought on behalf of the association or the savings account holders, other creditors or borrowers thereof, founded upon any act or acts performed or omitted by such person acting as such officer, director or employee under the following conditions:
(a) If the person is adjudicated to be not liable, then all reasonable expenses of such litigation shall be paid by the association.
(b) If the person is held to be liable on certain items and not liable on others, the association shall pay the proportion of the total reasonable expense of the litigation which the items on which he is held to be not liable bear to all the items alleged.
2. If, in the opinion of the association, any such person is not liable upon the substantive issues alleged, the association is authorized to compromise and settle such claim or litigation in its discretion and to pay the entire expense thereof, including such compromise settlement, provided such expense is reasonable. Any action taken by the association under this subsection shall require approval by a vote of at least two-thirds of all the directors of the association (an interested director taking no part in the vote), or by a vote of the members.
Sec. 74. NRS 673.770 is hereby amended to read as follows:
673.770 1. Every company which is registered under and in compliance with the provisions of the Investment Company Act of 1940 and acts amendatory thereof or supplemental thereto, upon filing its articles of incorporation, or in case of a foreign corporation a certified copy of its articles of incorporation, with the secretary of state and a certified copy thereof with the county clerk of the county where it maintains its resident agent in the State of Nevada or in which it has its principal place of business, shall be entitled:
(a) To do business in the State of Nevada as provided in its articles of incorporation to the extent and in the manner described in or referred to in the Investment Company Act of 1940 and acts amendatory thereof or supplemental thereto, for which registration has been filed by such corporation; and
κ1961 Statutes of Nevada, Page 784 (CHAPTER 378, SB 177)κ
(b) To a license to sell or cause to be sold its membership shares, investment certificates or securities in this state upon payment to the [superintendent] commissioner of an initial fee of $100.
2. The license shall be issued by the [superintendent] commissioner upon proof that such issuing company has filed its articles of incorporation as provided in subsection 1 and is registered under and in compliance with the provisions of the Investment Company Act of 1940 and acts amendatory thereof or supplemental thereto.
3. The license shall be renewed annually on June 30 of each year upon the filing of the annual statement prescribed in NRS 673.800, and upon proof that the corporation has duly filed with the secretary of state a list of officers and directors and a designation of a resident agent as required by law, and upon payment of a renewal license fee of $100.
Sec. 75. NRS 673.780 is hereby amended to read as follows:
673.780 1. The agents, representatives or employees of any licensed issuing company, or the broker, dealer or underwriter of membership shares, investment certificates or securities thereof, shall be entitled to licenses to sell or solicit sales in this state for any membership shares, investment certificates or securities of the issuing company.
2. No person, firm or corporation shall be so licensed unless he or it shall have satisfied the [superintendent] commissioner of his or its good repute, and shall have paid the license fee or renewal fee prescribed by NRS 673.270.
Sec. 76. NRS 673.790 is hereby amended to read as follows:
673.790 All licenses issued by the [superintendent] commissioner pursuant to NRS 673.770 and 673.780 shall be subject to all of the provisions of NRS 673.260, 673.270 and 673.820 to 673.850, inclusive.
Sec. 77. NRS 673.800 is hereby amended to read as follows:
673.800 All issuing corporations coming within the provisions of NRS 673.760 to 673.800, inclusive, shall file on or before March 1 of each year an annual statement with the [superintendent] commissioner in such detail and form as the [superintendent] commissioner may prescribe, which statement shall show the following:
1. The amount of the authorized capital by classes, and the par value of each class of shares.
2. The amount of capital paid in.
3. A statement of its assets and liabilities at the close of its last fiscal year, and a profit and loss statement as of the close of its last fiscal year.
4. A total of its liabilities to Nevada investors at the close of its last fiscal year.
5. Such other data or information respecting the financial condition of the company as the [superintendent] commissioner may require.
Sec. 78. NRS 673.033, 673.277 and 673.322 are hereby repealed.
Sec. 79. 1. Any association or individual doing business in this state on the effective date of this act under a valid license issued by the superintendent of banks pursuant to the provisions of chapter 673 of NRS prior to this amendatory act may continue to do so until the expiration of such license.
κ1961 Statutes of Nevada, Page 785 (CHAPTER 378, SB 177)κ
of NRS prior to this amendatory act may continue to do so until the expiration of such license.
2. All property, supplies, equipment, records, papers, files and registers of the superintendent of banks used by him in supervising and licensing building and loan and savings and loan associations, or relating thereto, are hereby transferred to the department of savings associations.
Sec. 80. Any moneys which may have been paid into the general fund between March 1, 1961, and the effective date of this act pursuant to the requirements of NRS 673.060, or any other provision of chapter 673 of NRS, as those requirements and provisions read prior to amendment by this act shall, on the effective date of this act, be transferred by the state controller to the savings and loan fund. If between March 1, 1961, and the effective date of this act, any association has paid any moneys to the superintendent of banks as was required by the provisions of NRS 673.260 prior to its amendment by this act and, because of such amendment, owes a difference resulting from the amendment of NRS 673.260 by this act, such difference shall be paid to the commissioner of savings associations for deposit in the savings and loan fund. Notwithstanding the provisions of subsection 3 of NRS 673.260 and subsection 4 of NRS 673.430 as they read after amendment by this act, if the commissioner of savings associations finds that during the period from the effective date of this act to March 1, 1962, funds from all sources other than the assessments provided for by subsection 3 of NRS 673.260 will be insufficient for the operation of the department of savings associations for such period, he may levy and collect an assessment in the amounts permitted by NRS 673.260 for the requirements of the department of savings associations.
Sec. 80.5. The provisions of section 22 of this act amending NRS 673.080 shall not apply to the processing of any application or the issuance of any license after approval of any such application if such application has been approved by the superintendent of banks and notification of such approval has been given by the superintendent of banks pursuant to the provisions of NRS 673.080 prior to the effective date of this act. If no protest has been received, the superintendent of banks shall issue the license, which license shall be a valid license pursuant to the provisions of section 79 of this act. If a protest is received, the superintendent of banks shall hear the protest. Any such applicant who is denied a license may appeal the decision to the savings association board within 20 days of such denial.
Sec. 81. If any one or more of the clauses, sentences, phrases, words, sections, provisions or parts of this act shall be adjudged to be unconstitutional or invalid for any reason by any court of competent jurisdiction, such shall not impair, affect or invalidate the remainder of this act, which shall remain in full force and effect.
Sec. 82. This act shall become effective upon passage and approval.
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