[Rev. 2/28/2019 2:30:31 PM]
LAWS OF THE STATE OF NEVADA
κ1963 Statutes of Nevada, Page 1κ
LAWS OF THE STATE OF NEVADA
Passed at the
FIFTY-SECOND SESSION OF THE LEGISLATURE
1963
________
Senate Bill No. 1Senator McGowan
CHAPTER 1
AN ACT appropriating $250,000 from the general fund in the state treasury to the legislative fund.
[Approved January 24, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $250,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 2Committee on Legislative Functions
CHAPTER 2
AN ACT to amend NRS sections 218.130 and 218.230, relating to the number and compensation of officers and employees of the senate, by increasing the number of such officers and employees; by specifying the title and compensation of the additional employees; by providing for increase in the compensation of such employees on the basis of merit; and by providing other matters properly relating thereto.
[Approved February 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.130 is hereby amended to read as follows:
218.130 The officers and employees of the senate shall not exceed [15] 17 in number.
Sec. 2. NRS 218.230 is hereby amended to read as follows:
218.230 1. There shall be paid to the several officers and employees of the senate and assembly, for all services rendered by them under the provisions of this chapter, the following sums of money for each days employment and no more, except on the basis of merit as provided in subsections 2 and 3:
κ1963 Statutes of Nevada, Page 2 (CHAPTER 2, SB 2)κ
SENATE
Assistant secretary............................................................................................ $18
Clerks................................................................................................................... 11
Committee stenographer.................................................................................. 17
Engrossing clerk................................................................................................. 14
Enrolling clerk..................................................................................................... 14
History clerk........................................................................................................ 15
Journal clerk........................................................................................................ 15
Minute clerk........................................................................................................ 15
Page...................................................................................................................... 9
Secretary.............................................................................................................. 28
Sergeant-at-arms................................................................................................ 14
Stenographers.................................................................................................... 15
ASSEMBLY
Assistant chief clerk.......................................................................................... $18
Chief clerk............................................................................................................ 28
Clerks................................................................................................................... 11
Committee stenographer................................................................................... 17
Engrossing clerk................................................................................................. 14
Enrolling clerk..................................................................................................... 14
History clerk........................................................................................................ 15
Journal clerk........................................................................................................ 15
Minute clerk........................................................................................................ 15
Pages.................................................................................................................... 9
Sergeant-at-arms................................................................................................ 14
Stenographers.................................................................................................... 15
Supply clerk........................................................................................................ 12
Typists................................................................................................................. 12
2. Increase in such daily pay may be made on the basis of merit for the following officers or employees:
SENATE
Committee stenographer
Enrolling clerk
History clerk
Journal clerk
Minute clerk
Sergeant-at-arms
Stenographers
ASSEMBLY
Committee stenographers
Enrolling clerk
History clerk
Journal clerk
Minute clerk
Sergeant-at-arms
Stenographers
Supply clerk
Typists
κ1963 Statutes of Nevada, Page 3 (CHAPTER 2, SB 2)κ
3. Whenever any employee listed in subsection 2 has performed satisfactory service during any period of employment the daily pay of such employee may be increased by $1 for any succeeding period of employment, but the total of such merit increases shall not exceed $3.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 52Committee on Fish and Game
CHAPTER 3
AN ACT to amend NRS section 202.300, relating to the use of firearms by a minor under 14 years of age, by permitting such a minor to use a firearm while accompanied by or under the immediate charge of an adult person.
[Approved February 12, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.300 is hereby amended to read as follows:
202.300 1. No minor under the age of 14 years shall handle or have in his possession or under his control, except while accompanied by or under the immediate charge of [his parent or guardian,] an adult person, any firearm of any kind for hunting or target practice or for other purposes.
2. Every person violating any of the provisions of subsection 1, or aiding or knowingly permitting any such minor to violate the same, shall be guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 43Committee on Judiciary
CHAPTER 4
AN ACT to amend Title 30 of NRS, relating to public borrowing and bonds, by adding a new chapter relating to uniform facsimile signatures of public officials; defining terms; providing for facsimile signatures of public officials on public securities and instruments of payment; authorizing the use of facsimile seals on such securities and instruments; permitting the continued use of facsimile signatures presently authorized by law; providing penalties; and providing other matters properly relating thereto.
[Approved February 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 30 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.
κ1963 Statutes of Nevada, Page 4 (CHAPTER 4, SB 43)κ
Sec. 2. This chapter may be cited as the Uniform Facsimile Signatures of Public Officials Act.
Sec. 3. As used in this chapter:
1. Authorized officer means any official of this state or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.
2. Facsimile signature means a reproduction by engraving, imprinting, stamping or other means of the manual signature of an authorized officer.
3. Instrument of payment means a check, draft, warrant or order for the payment, delivery or transfer of funds.
4. Public security means a bond, note, certificate of indebtedness or other obligation for the payment of money, issued by this state or by any of its departments, agencies or other instrumentalities or by any of its political subdivisions.
Sec. 4. Any authorized officer, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature:
1. Any public security, if at least one signature required or permitted to be placed thereon shall be manually subscribed; and
2. Any instrument of payment.
Upon compliance with this chapter by the authorized officer, his facsimile signature has the same legal effect as his manual signature.
Sec. 5. When the seal of this state or any of its departments, agencies or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile thereon. The facsimile seal has the same legal effect as the impression of the seal.
Sec. 6. Nothing in this chapter shall be construed to prohibit the use of a facsimile signature where otherwise authorized by law.
Sec. 7. Any person who with intent to defraud uses on a public security or an instrument of payment:
1. A facsimile signature, or any reproduction of it, of any authorized officer; or
2. Any facsimile seal, or any reproduction of it, of this state or any of its departments, agencies or other instrumentalities or of any of its political subdivisions,
is guilty of a felony.
Sec. 8. This act shall become effective 30 days after passage and approval.
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κ1963 Statutes of Nevada, Page 5κ
Senate Bill No. 38Committee on Judiciary
CHAPTER 5
AN ACT to amend NRS section 19.090, relating to the duty of the county clerk to prepare quarterly financial statements and file them with the board of county commissioners, by providing for filing of the statements with the board of county commissioners rather than the clerk of the board.
[Approved February 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 19.090 is hereby amended to read as follows:
19.090 1. Each county clerk shall, on the 1st Monday in January, April, July and October, make out and file with the board of county commissioners of his county a full and correct statement under oath of all fees, percentage or compensation, of whatever nature or kind, received in his official capacity during the preceding 3 months. In the statement he shall set forth the cause in which and the services for which such compensations were received.
2. Nothing in this section shall be construed as to require personal attendance in filing the statements, and such statements may be transmitted by mail, express or otherwise directed to the [clerk of the] board of county commissioners.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 20Senator Monroe
CHAPTER 6
AN ACT to amend NRS section 247.120, relating to the manner of recording specified instruments, by providing that any instrument permitted or required by law to be recorded shall be submitted to the county recorder in a form suitable for photographing; providing exceptions; and providing other matters properly relating thereto.
[Approved February 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 247.120 is hereby amended to read as follows:
247.120 1. Each county recorder must, upon the payment of the statutory fees for the same, record separately, in a fair hand, or typewriting, or by filing or inserting a microfilm picture or photostatic copy thereof, the following specified instruments in large, well-bound separate books, either sewed or of insertable leaves which when placed in the book cannot be removed:
(a) Deeds, grants, transfers and mortgages of real estate, releases of mortgages of real estate, powers of attorney to convey real estate, and leases of real estate which have been acknowledged or proved.
κ1963 Statutes of Nevada, Page 6 (CHAPTER 6, SB 20)κ
(b) Certificates of marriage and marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notice of mechanics liens.
(f) Transcripts of judgments, which by law are made liens upon real estate in this state.
(g) Notices of attachment upon real estate.
(h) Notices of the pendency of an action affecting real estate, the title thereto, or the possession thereof.
(i) Instruments describing or relating to the separate property of married women.
(j) Notice of preemption claims.
(k) Births and deaths.
(l) Notices and certificates of location of mining claims.
(m) Affidavits or proof of annual labor on mining claims.
(n) Certificates of sale.
(o) Judgments or decrees.
(p) Declarations of homesteads.
(q) Such other writings as are required or permitted by law to be recorded.
2. Each of the instruments named in paragraph (a) of subsection 1 may be recorded in separate books in the discretion of the county recorder.
3. Before accepting for recording any instrument enumerated in subsection 1, the county recorder may require a copy suitable for recording by photographic or photostatic methods. Where any rights might be adversely affected because of delay in recording caused by such a requirement, the county recorder shall accept the instrument conditionally subject to submission of a suitable copy at a later date. The provisions of this subsection do not apply where it is impossible or impracticable to submit a more suitable copy.
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Senate Bill No. 57Senators Fransway and Lemaire
CHAPTER 7
AN ACT to amend NRS sections 218.210 and 218.220, relating to the compensation and expense allowances of senators and assemblymen, by providing for compensation, commencing on January 20, 1965, of $40 per day for each day of service, with the total not to exceed $2,400 at any one session of the legislature; by increasing their per diem expense allowance to $25 per day for the first 60 days of each regular session and for the first 20 days of each special session; providing exceptions; and providing other matters properly relating thereto.
[Approved February 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.210 is hereby amended to read as follows:
218.210 Each senator and assemblyman hereafter elected or appointed shall receive as compensation [$25] $40 per day for each day of service, but the total amount paid shall not exceed the sum of [$1,500] $2,400 at any session.
κ1963 Statutes of Nevada, Page 7 (CHAPTER 7, SB 57)κ
appointed shall receive as compensation [$25] $40 per day for each day of service, but the total amount paid shall not exceed the sum of [$1,500] $2,400 at any session.
Sec. 2. NRS 218.220 is hereby amended to read as follows:
218.220 1. Notwithstanding the provisions of NRS 281.160 or any other law, the per diem expense allowance and the travel expenses of senators and assemblymen duly elected or appointed and in attendance at any session of the legislature shall be allowed in the manner set forth in this section.
2. If a senator or assemblyman travels daily from his home to sessions of the legislature, he shall be allowed for each mile between the capital and his home, for each day the house of the legislature to which he belongs is actually convened or for each day he travels to the capital on official legislative business, travel expenses at the rate of 10 cents per mile traveled.
3. [If the senator or assemblyman does not travel from home daily but takes up a temporary residence in the vicinity of the capital for the duration of the legislative session, he shall be allowed a per diem expense allowance of $15 for each day he is away from his home and for the entire period that the legislature is in session.] Each senator and assemblyman shall be allowed:
(a) For the first 60 days that the legislature is in regular session a per diem expense allowance of $25 per day.
(b) For the 61st and subsequent days that the legislature is in regular session a per diem expense allowance of $15 per day.
(c) For the first 20 days that the legislature is in special session a per diem expense allowance of $25 per day.
(d) For the 21st and subsequent days that the legislature is in special session a per diem expense allowance of $15 per day.
4. Claims for expenses made under the provisions of this section shall be made in the same manner as other claims are made against the state, and shall be allowed and paid from the legislative fund once each week.
Sec. 3. 1. Section 1 of this act shall become effective on January 20, 1965, but any increase in compensation authorized by section 1 shall not apply to any senator who holds over in office as provided by law. Such senator shall for his unexpired term of office receive compensation of $25 per day for each day of service, but the total amount paid shall not exceed the sum of $1,500 at any session.
2. Section 2 of this act shall become effective upon passage and approval.
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κ1963 Statutes of Nevada, Page 8κ
Senate Bill No. 51Committee on Judiciary
CHAPTER 8
AN ACT to amend NRS section 125.040, relating to the application of the wife for allowances and suit money during the pendency of a divorce action, by providing that service of the notice of the application shall be made upon the attorney for the husband, if he has an attorney, rather than upon the husband or attorney in the alternative; and providing other matters properly relating thereto.
[Approved February 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 125.040 is hereby amended to read as follows:
125.040 In any suit for divorce now pending, or which may here-after be commenced, the court, or judge, may, in its discretion, upon application, of which due notice shall have been given to the [husband or his attorney,] attorney for the husband if he has an attorney, or to the husband if he has no attorney, at any time after the filing of the complaint, require the husband to pay such sums as may be necessary to enable the wife to carry on or defend such suit, and for her support and for the support of the children of the parties during the pendency of such suit. A court or judge may direct the application of specific property of the husband to such object, and may also direct the payment to the wife for such purpose of any sum or sums that may be due and owing the husband from any quarter, and may enforce all orders made in this behalf as provided in NRS 125.060.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 42Committee on Judiciary
CHAPTER 9
AN ACT to amend NRS section 266.530, relating to incorporated cities, by providing that appointment of the chief of police in cities of the third class shall be by the mayor, subject to confirmation by the council, in the same manner as in cities of the first and second classes.
[Approved February 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.530 is hereby amended to read as follows:
266.530 There shall be a chief of police in each city. [In cities of the first and second class he] He shall be appointed by the mayor, subject to confirmation by the council.
κ1963 Statutes of Nevada, Page 9 (CHAPTER 9, SB 42)κ
subject to confirmation by the council. [In cities of the third class, the marshal shall be ex officio chief of police and shall perform the duties and exercise the authority thereof.]
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 19Senator Monroe
CHAPTER 10
AN ACT to amend chapter 205 of NRS, relating to crimes against property, by adding a new section providing that it is unlawful for any person to damage television or microwave systems or to use or attempt to use the electrical signal from television or microwave systems; providing penalties; and providing other matters properly relating thereto.
[Approved February 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 205 of NRS is hereby amended to read as follows:
Any person who willfully and maliciously:
(a) Breaks, injures or otherwise destroys, damages or interferes with any of the posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, a microwave radio system, or a community antenna television system; or
(b) Leads or attempts to lead from its uses or make use of the electrical signal or any portion thereof from any posts, wires, towers or other materials or fixtures employed in the construction or use of any line of a television coaxial cable, a microwave radio system, or a community antenna television system,
is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 4Senator Whitacre
CHAPTER 11
AN ACT appropriating $1,540.85 from the general fund to reimburse Lyon County for the expenses and costs paid in prosecuting Robert F. Hancock, who escaped from the Nevada state prison.
[Approved February 19, 1963]
Whereas, In prosecuting Robert F. Hancock, who escaped from the Nevada state prison, Lyon County expended the sum of $1,540.85 for the following items:
κ1963 Statutes of Nevada, Page 10 (CHAPTER 11, SB 4)κ
Item Amount
Attorney fee and mileage, Harry D. Anderson.................................. $200.00
Court reporting, Clementine Westover............................................... 95.25
Psychiatric examination and report, Leslie H. Gould, M.D.............. 155.00
Psychiatric examination, report, expert testimony as witness, and mileage, Raymond M. Brown, M.D.............................................................. 250.00
Witness fee and mileage, W. H. MacDonald..................................... 19.05
Attorney fee and mileage, John W. Diehl.......................................... 329.25
Jury fees.................................................................................................. 492.30
___________
Total......................................................................................................... $1,540.85
and
Whereas, By the provisions of NRS 212.070, the expenses and costs of prosecuting any person or persons for escaping from, or breaking out of, the Nevada state prison, or attempting to do so, or for the commission of any crime while a prisoner therein, shall be a state charge, and shall be paid from the general fund; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury the sum of $1,540.85 to reimburse Lyon County for the expenses and costs which it paid in prosecuting Robert F. Hancock, who escaped from the Nevada state prison. The state controller is hereby directed to draw his warrant in favor of Lyon County, and the state treasurer is hereby directed to pay such warrant.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 33Committee on Judiciary
CHAPTER 12
AN ACT to amend NRS section 704.020, which defines public utility, by clarifying the definition as applied to common carriers upon railroad lines and public highways.
[Approved February 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.020 is hereby amended to read as follows:
704.020 1. As used in this chapter, public utility shall mean and embrace:
(a) All corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise.
κ1963 Statutes of Nevada, Page 11 (CHAPTER 12, SB 33)κ
state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise.
(b) Any company or individual or association of individuals owning or operating automobiles, auto trucks or other self-propelled vehicles engaged in transporting persons or property for hire over and along the highways of this state as common carriers.
(c) Express companies, telegraph and telephone companies.
(d) Radio or broadcasting instrumentalities and airship common carriers.
(e) All companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state.
All duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, insofar as the same are applicable, be required of and imposed upon the owner or operator of such automobiles, auto trucks or other self-propelled vehicles transporting persons or property for hire over and along the highways of this state as common carriers, express companies, telegraph and telephone, radio, broadcasting, airship companies, and companies which may own cars of any kind or character, used and operated as a part of railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads.
2. Public utility shall also embrace:
(a) Every corporation, company, individual, association of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) that now or hereafter may own, operate or control any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.
(b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities, towns or villages, or elsewhere.
The commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.
3. The provisions of this chapter and the term public utility shall apply to:
(a) The transportation of passengers and property and the transmission or receipt of messages, intelligence or entertainment, between points within the state.
(b) The receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages.
κ1963 Statutes of Nevada, Page 12 (CHAPTER 12, SB 33)κ
(c) All charges connected therewith, including icing charges and mileage charges.
(d) All railroads, corporations, airships, automobiles, auto trucks, or other self-propelled vehicles, express companies, car companies, freight and freight-line companies [.
(e) All] , and associations of persons, whether incorporated or otherwise, that shall do any business as a common carrier upon or over any line of railroad or any public highway within this state.
[(f)] (e) Any common carrier engaged in the transportation of passengers and property, wholly by rail, or partly by rail and partly by water, or by air.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 32Committee on Judiciary
CHAPTER 13
AN ACT to repeal NRS sections 590.325 and 590.326, relating to the manner in which the price of gasoline and other petroleum products may be displayed at places of sale.
[Approved February 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 590.325 and 590.326 are hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
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Senate Bill No. 45Committee on Judiciary
CHAPTER 14
AN ACT to amend chapter 220 of NRS, relating to the statute revision commission, by adding a new section allowing the commission to accept gifts or bequests of money for printing and binding; and providing other matters properly relating thereto.
[Approved February 20, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 220 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The commission may accept gifts, grants and bequests of moneys from any public or private source, which moneys shall be deposited in the statute revision commission printing and binding fund and used for the purposes of NRS 220.150.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 13κ
Assembly Bill No. 42Miss Herr
CHAPTER 15
AN ACT to amend NRS sections 417.010 and 417.020, creating the office of veterans service commissioner and deputy veterans service commissioner and defining terms, by changing the title of the veterans service commissioner and deputy veterans service commissioner to Nevada commissioner for veteran affairs and Nevada deputy commissioner for veteran affairs.
[Approved February 20, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 417.010 is hereby amended to read as follows:
417.010 As used in this chapter:
1. Commissioner means the [veterans service commissioner.] Nevada commissioner for veteran affairs.
2. Deputy commissioner means the [deputy veterans service commissioner.] Nevada deputy commissioner for veteran affairs.
Sec. 2. NRS 417.020 is hereby amended to read as follows:
417.020 The offices of [veterans service commissioner and deputy veterans service commissioner] Nevada commissioner for veteran affairs and Nevada deputy commissioner for veteran affairs are hereby created.
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Assembly Bill No. 24Mr. Bailey
CHAPTER 16
AN ACT to amend NRS section 629.050, relating to the powers and duties of the state board of examiners in the basic sciences, by authorizing the board to hire employees; by providing for salaries for board members; by modifying the provisions relating to travel expenses of board members; by providing for consolidation of the offices of secretary and treasurer; and by providing other matters properly relating thereto.
[Approved February 20, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 629.050 is hereby amended to read as follows:
629.050 1. The board shall have authority:
(a) To elect officers.
(b) To adopt a seal.
(c) To employ, pursuant to the provisions of chapter 284 of NRS, such personnel as it finds necessary.
(d) To make such rules as it deems expedient to carry this chapter into effect.
2. The board shall keep a record of its proceedings, which shall be prima facie evidence of all matters contained therein.
3. The office of the board shall be in the State of Nevada at any place chosen by the board.
κ1963 Statutes of Nevada, Page 14 (CHAPTER 16, AB 24)κ
4. The secretary shall receive a salary in an amount set by the board.
5. The treasurer shall give such bond, running in favor of the state, as the state treasurer may determine.
6. The offices of secretary and treasurer may be combined at the discretion of the board.
7. Every member shall receive $15 [per diem and actual expenses when actively engaged in the discharge of his duties.] as salary for each 24-hour period during which he is away from his office on official business, in addition to the travel expenses and subsistence allowances provided for in NRS 281.160.
[7.] 8. The board shall pay all money received as fees into the state treasury, to be placed in a special fund to the credit of the board. The state treasurer shall pay out of such fund all expenses incurred by the board on vouchers signed by the president and the secretary of the board.
[8.] 9. The compensation of the members and other expenses of the board shall be paid out of the fees received from applicants, but this shall not be construed as preventing appropriations to cover deficits.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 155Committee on Ways and Means
CHAPTER 17
AN ACT providing an additional and supplemental appropriation from the general fund in the state treasury for the support of the state department of conservation and natural resources for the California-Nevada compact commission for the fiscal year ending June 30, 1963; and providing other matters properly relating thereto.
[Approved February 20, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1963, there is hereby appropriated from the general fund in the state treasury the sum of $20,665 for the support of the state department of conservation and natural resources for the California-Nevada compact commission as an additional and supplemental appropriation to that allowed and made by section 47 of chapter 316, Statutes of Nevada 1961.
Sec. 2. On July 1, 1963, any unexpended balances of the appropriation herein made for the fiscal year ending June 30, 1963, shall revert to the general fund in the state treasury.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 15κ
Senate Bill No. 13Committee on Legislative Functions
CHAPTER 18
AN ACT to amend NRS section 218.460, relating to distribution of bills and other legislative publications, by increasing the number of officers and agencies eligible to receive free copies of single legislative publications; by providing that the cost of distributing complete sets of legislative publications to certain local officers and agencies shall be paid from the legislative fund; and by providing other matters properly relating thereto.
[Approved February 20, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.460 is hereby amended to read as follows:
218.460 1. All requests for mailing or distribution of bills and legislative publications shall be filed with the superintendent of state printing. He shall print a sufficient number of bills and legislative publications to supply the requests, together with such number as may be necessary for legislative requirements.
2. No complete [list] set of bills or other legislative publications shall be delivered except upon payment therefor of a sum fixed by the superintendent of state printing, nor shall more than two copies of any single bill or other legislative publication be distributed free to any person, office or organization, except to:
(a) Members of the legislature.
(b) The secretary of the senate and the chief clerk of the assembly for the proper functioning of their respective houses.
(c) The legislative counsel bureau.
(d) Officers of all elected state, county, township, school and municipal officials.
(e) Offices of all state agencies and departments.
(f) Justices and the clerk of the supreme court.
(g) Judges and clerks of the district courts.
(h) The Library of Congress.
(i) [The] County and city libraries and the library of the University of Nevada.
(j) Accredited members of the press.
3. The superintendent of state printing shall fix the cost of such bills and publications, including postage, and such moneys as may be received by him shall be remitted to the state printing fund.
4. The costs of such distributions, including postage, shall be paid from the legislative fund.
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κ1963 Statutes of Nevada, Page 16κ
Senate Bill No. 39Committee on Judiciary
CHAPTER 19
AN ACT to amend NRS section 116.020, relating to plat and subdivision maps and selection of public school property, by providing for exchange of such property; and by providing other matters properly relating thereto.
[Approved February 20, 1963]
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 1. Whenever any lands are hereafter 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:
(a) 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.
(b) All blocks and lots, whether intended for sale or otherwise, by numbers or letters, and their precise length and width.
(c) 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.
(d) 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.
2. 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.
3. 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. If any lands 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, the board of trustees may [sell]:
κ1963 Statutes of Nevada, Page 17 (CHAPTER 19, SB 39)κ
(a) Sell or lease such property in the manner provided in NRS 393.220 to 393.320, inclusive.
(b) Exchange such property in the manner provided in NRS 393.326 to 393.3293, inclusive.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 37Messrs. Swanson and Parraguirre
CHAPTER 20
AN ACT to amend NRS section 151.110, relating to decrees of distribution, by requiring recording rather than filing with the county recorder of decrees of distribution conveying real property.
[Approved February 20, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 151.110 is hereby amended to read as follows:
151.110 1. Where the accounts of an executor or administrator have been settled and a decree for the distribution of the estate made by the court, the executor or administrator shall, without any unnecessary delay, distribute the estate remaining in his hands as directed by the decree.
2. In the decree, the court shall name the persons and the proportion or parts to which each shall be entitled, and such person shall have the right to demand and recover his or her respective share from the executor or administrator, or any other person having the same in possession.
3. The executor or administrator shall, within 10 days after the entry of a decree of distribution conveying any real property, [file] record with the county recorder of the county in which the decree was entered a certified copy of the decree.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 44Messrs. Bishop and McNamee
CHAPTER 21
AN ACT to amend NRS section 281.350, relating to grafting by public officers, by including a public employee as one subject to a penalty for asking or receiving any compensation in exchange for a promise to act in any particular manner in connection with his official duties; and providing other matters properly relating thereto.
[Approved February 20, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.350 is hereby amended to read as follows:
281.350 Every public officer or public employee who shall ask or receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon any agreement or understanding that he shall act in any particular manner in connection with his official duties or the public service; or who, being authorized to purchase or contract for materials, supplies or other articles or to employ servants or labor for the state or any county or municipality, or for the public service, shall ask or receive, directly or indirectly, for himself or another, a commission, percentage, discount, bonus or promise thereof from any person with whom he may deal in relation to such matters, shall be guilty of a gross misdemeanor.
κ1963 Statutes of Nevada, Page 18 (CHAPTER 21, AB 44)κ
receive, directly or indirectly, any compensation, gratuity or reward, or any promise thereof, upon any agreement or understanding that he shall act in any particular manner in connection with his official duties or the public service; or who, being authorized to purchase or contract for materials, supplies or other articles or to employ servants or labor for the state or any county or municipality, or for the public service, shall ask or receive, directly or indirectly, for himself or another, a commission, percentage, discount, bonus or promise thereof from any person with whom he may deal in relation to such matters, shall be guilty of a gross misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 132Ormsby County Delegation
CHAPTER 22
AN ACT to amend an act entitled An Act to incorporate Carson City, approved February 25, 1875, as amended.
[Approved February 20, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Sections 5, 6 and 7 of the above-entitled act, being chapter 43, Statutes of Nevada 1875, as last amended by chapter 141, Statutes of Nevada 1960, at pages 190, 191 and 193, respectively, are hereby repealed.
Sec. 2. The above-entitled act, being chapter 43, Statutes of Nevada 1875, at page 87, is hereby amended by adding thereto eleven new sections to be designated as sections 5.2, 5.4, 5.6, 5.8, 6.2, 6.4, 6.6, 6.8, 7.2, 7.4 and 7.6, which shall immediately follow section 4 and shall read as follows:
Section 5.2. All of the provisions of Nevada Revised Statutes which now or hereafter may be in force which regulate elections and provide for the registration of voters, so far as the same are consistent with the provisions of this act, shall apply to all city elections.
Section 5.4. 1. The city clerk shall prepare an official register for the city which shall contain the names of all persons entitled to vote at any city election. The official register shall contain the names of all voters residing within Carson City who are registered in Ormsby County pursuant to the provisions of Nevada Revised Statutes and this act governing the registration of voters.
2. Registration for every city election shall be open until 5 p.m. on the 20th day preceding the day of such election.
3. Thirty days prior to any city election the city clerk shall publish once in a newspaper published in Carson City a notice stating the day and hour when registration will be closed.
κ1963 Statutes of Nevada, Page 19 (CHAPTER 22, AB 132)κ
Section 5.6. 1. The registered voters of the city shall elect one councilman to represent each ward in the city and one councilman to represent the city at large. All registered voters shall be entitled to vote at any city election for all candidates for the city council notwithstanding one councilman shall be chosen from each ward.
2. The term of each councilman is 4 years.
3. The councilman elected to represent each ward shall be an actual resident of the ward he is chosen to represent.
4. The councilman at large shall be ex officio mayor of the city and president of the city council.
Section 5.8. 1. Any person eligible for the office of councilman may become a candidate by filing with the city clerk a declaration of candidacy in which he shall state, under oath:
(a) That he is a resident and owner of real property in the ward for which he desires to become a candidate; or, if he desires to become a candidate for councilman at large, that he is a resident and owner of real property within the city.
(b) What ward he desires to represent.
2. No incumbent councilman representing a ward may file a declaration of candidacy for the office of councilman at large unless he first resigns from the office of councilman.
3. All declarations of candidacy shall be filed with the city clerk not later than 5 p.m. of the 3rd Monday in March of the year in which a city general election is to be held.
Section 6.2. 1. A city general election shall be held on the 1st Monday in June 1963, and each 4 years thereafter on such day, at which election there shall be elected by the registered voters three councilmen, one of whom shall be the councilman at large and two of whom shall represent their respective wards, and all of whom shall hold office for the ensuing terms of 4 years.
2. A city general election shall be held on the 1st Monday in June 1965, and each 4 years thereafter on such day, at which election there shall be elected by the registered voters two councilmen, both of whom shall:
(a) Represent their respective wards; and
(b) Hold office for the ensuing terms of 4 years.
Section 6.4. 1. If more than two persons file declarations of candidacy for the same office, a city primary election to determine whose names shall be placed on the city general election ballot shall be held on the 1st Monday in May of the year in which a city general election is to be held. The primary election ballot shall contain the names of all the candidates for the particular office. The names of the two candidates receiving the highest number of votes cast at the city primary election for the particular office shall be placed on the ballot for the city general election.
2. If not more than two persons file declarations of candidacy for the same office no city primary election shall be conducted for that office, and the names of such candidate or candidates shall appear on the city general election ballot.
κ1963 Statutes of Nevada, Page 20 (CHAPTER 22, AB 132)κ
Section 6.6. 1. If, pursuant to the provisions of section 6.4, a city primary election is to be held, the city clerk shall publish a notice of the city primary election in a newspaper published in Carson City once a week for 2 successive weeks prior to the 1st Monday in May. The notice shall contain:
(a) The date of the election.
(b) The location of the polling places.
(c) The hours during which the polling places will be open for voting.
(d) The names of the candidates.
(e) A list of the offices to which the candidates seek election.
2. The city clerk shall publish a notice of the city general election in a newspaper published in Carson City once a week for 2 successive weeks prior to the 1st Monday in June. The notice shall contain the information required by paragraphs (a) to (e), inclusive, of subsection 1.
Section 6.8. 1. The city clerk shall designate the polling places in the city and appoint a sufficient number of election officers to conduct the election.
2. The city clerk shall provide the election officers with check lists and other necessary books and supplies. The check lists shall be made up from the registrations in the official register and shall contain only the names of the registered voters entitled to vote at the election for which it is prepared.
3. As soon as the votes are counted and tallied, the election officers shall execute a statement of election returns and deliver the same to the city clerk. The city clerk shall place the election returns in a safe or vault. No person shall be permitted to handle, inspect or in any manner interfere with the same until canvassed by the city council.
4. The city council shall meet within 3 days after any city election and canvass the returns and declare the result. The election returns shall then be sealed and kept by the city clerk for 6 months and no person shall have access thereto except on order of a court of competent jurisdiction or by order of the city council.
Section 7.2. 1. The city clerk, under his hand and official seal, shall issue to each person declared to be elected a certificate of election.
2. The officers so elected shall qualify by taking the official oath provided by law and shall enter upon the discharge of their respective duties 5 days after the day on which the canvass of returns was made.
Section 7.4. The election of any person to the office of councilman may be contested in the manner provided by the Nevada Revised Statutes.
Section 7.6. 1. Whenever any vacancy occurs in the office of councilman, the remaining councilman, or a majority thereof, shall fill such vacancy by appointing a qualified person, resident of the proper ward. They shall fill any vacancy occurring in the office of councilman at large by appointing any qualified resident of any ward in the city.
2. Nothing contained herein shall be construed to prevent any councilman from resigning his office in order to become eligible for appointment to fill any vacancy in the office of councilman at large.
κ1963 Statutes of Nevada, Page 21 (CHAPTER 22, AB 132)κ
3. Any person appointed to fill a vacancy in the office of any councilman shall hold such office until the next regular election of councilmen, at which time a councilman shall be elected to fill the balance of the unexpired term if the term extends beyond the date of the election.
Sec. 3. Notwithstanding the provisions of any other law:
1. The term of any councilman of Carson City elected on the 1st Monday in May 1959, shall be extended until the qualification of his successor in office elected at the city general election to be held on the 1st Monday in June 1963.
2. The term of any councilman of Carson City elected on the 1st Monday in May 1961 shall be extended until the qualification of his successor in office elected at the city general election to be held on the 1st Monday in June 1965.
Sec. 4. This act shall become effective upon passage and approval.
________
Senate Bill No. 73Committee on Livestock
CHAPTER 23
AN ACT to amend NRS sections 562.170 and 562.210, relating to levy and collection of taxes for the sheep inspection fund and expenditures from the sheep inspection fund for promotion and protection of sheep interests by associations and organizations, by providing that the taxes levied for the sheep inspection fund shall be levied at the rate of 8 cents per head on all sheep assessed by the taxing authorities of the various counties for the year concerned; by providing that the state board of sheep commissioners may spend from the sheep inspection fund for the protection and promotion of sheep interests of the state not to exceed 2 cents of such levy; and by providing other matters properly relating thereto.
[Approved February 22, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 562.170 is hereby amended to read as follows:
562.170 1. The boards of county commissioners of the several counties, at the time of their annual levy of taxes, must levy the rate of tax fixed by the board, as provided for in NRS 562.160, not to exceed [11 mills on $1, on all sheep assessed in their respective counties, according to the assessed valuation of the same.] the equivalent of 8 cents per head on all sheep assessed by the taxing authorities of the various counties for the year concerned.
2. The tax shall be collected as other taxes are collected and paid in full to the state treasurer, who shall keep the same in a separate fund to be known as the sheep inspection fund. The sheep inspection fund shall be made available and disbursed by the proper state officials upon request of the board for the purposes provided for in this chapter.
Sec. 2. NRS 562.210 is hereby amended to read as follows:
562.210 1. The board shall have power to do all things it may consider necessary to encourage, promote, advance and protect the sheep interests of the state, and may, directly or indirectly, by expenditure, or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the sheep inspection fund, for any enumerated purposes, not to exceed [an amount equivalent to a levy of 4 mills on $1 of the total tax valuation for the preceding year on sheep under its jurisdiction.]
κ1963 Statutes of Nevada, Page 22 (CHAPTER 23, SB 73)κ
sheep interests of the state, and may, directly or indirectly, by expenditure, or by payment or otherwise to any association formed for any such purposes or objects, pay annually, out of the sheep inspection fund, for any enumerated purposes, not to exceed [an amount equivalent to a levy of 4 mills on $1 of the total tax valuation for the preceding year on sheep under its jurisdiction.] the equivalent of 2 cents of the levy collected pursuant to NRS 562.170.
2. The board shall be the sole and exclusive judges of the expenditures of all sums directly or by the payment to any association, club or other organization as herein provided.
________
Assembly Bill No. 29Elko County Delegation
CHAPTER 24
AN ACT to amend chapter 247 of NRS, relating to the powers and duties of county recorders, by adding a new section establishing a fee schedule for the county recorder of Elko County; and providing duties for the county recorder of Elko County; to amend NRS sections 247.290 and 247.300, relating to fees of county recorders for chattel mortgages and fees in counties polling under and over 800 votes, by excepting the county recorder of Elko County from the provisions of both sections; and providing other matters properly relating thereto.
[Approved February 27, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 247 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The county recorder of Elko County shall be allowed to charge and collect the following fees:
For filing and entering documents required to be recorded............ $0.15
For filing and entering any paper not to be recorded....................... .50
For making all necessary indexes to each paper filed or recorded, for each name to be indexed................................................................... .30
For recording any instrument, paper or document, for the first page ................................................................................................................ .75
For each additional page........................................................... .50
For each certificate under seal............................................................... 1.00
For every entry of discharge or assignment of mortgage on the margin of the records........................................................................................... .50
For recording any survey or map other than a town plat................. 2.50
For recording town plats......................................................................... 5.00
For recording certificate of marriage, birth or death, or affidavit pertaining to the same....................................................................... 1.00
For copying any instrument, paper or document, for the first page of each document.............................................................................................. .75
For each additional page or part of a page........................... .50
κ1963 Statutes of Nevada, Page 23 (CHAPTER 24, AB 29)κ
2. The county recorder shall not make title searches.
3. The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Elko, or any city or town within Elko County, or any officer thereof in his official capacity, except for the copying of any document, for which the statutory fee shall be paid.
4. The county recorder shall be allowed to charge and collect for recording or copying any paper in a foreign language double the fees as when in English.
5. The county recorder 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 he may retain as compensation.
Sec. 2. NRS 247.290 is hereby amended to read as follows:
247.290 1. Except as provided in NRS 247.225, 247.230, section 1 of this act, 247.240, 247.250, 247.260, 247.265, 247.270 and 247.280, county recorders in counties wherein the total vote at the last general election did not exceed 800, and county recorders in counties wherein the total vote at the last general election exceeded 800, shall be allowed to charge and collect the following fees:
Counties Counties
Polling Polling
800 Votes Over 800
or Less Votes
For receiving, filing and entering documents required to be recorded.................................................................... $0.25.................................................................................... $0.15
For filing and entering any paper not to be recorded .................................................................................... .50 .30
For making all necessary indexes to each paper filed or recorded, for each name to be indexed................. .50.................................................................................... .30
For recording any instrument, paper or document, for each folio............................................................................ .30.................................................................................... .20
In counties polling over 800 votes that use the photostatic method of recording, in lieu of 20 cents per folio, the county recorder may charge by the page photostated at the following rate: 75 cents for the first page and 50 cents for each additional page or part of a page photostated.
For every certificate under seal.................................... 1.00.................................................................................... 1.00
For every entry of discharge or assignment of mortgage on the margin of the records....................................... .50.................................................................................... .25
For abstract of title, for each document embraced thereby .................................................................................... 1.00 .75
For searching records and files, for each document necessarily examined.............................................. .50.................................................................................... .25
κ1963 Statutes of Nevada, Page 24 (CHAPTER 24, AB 29)κ
Counties Counties
Polling Polling
800 Votes Over 800
or Less Votes
For recording any survey or map other than a town plat, for each corner............................................................... $0.50.................................................................................... $0.30
For recording town plat, for each lot or separate subdivision exhibited thereby..................................................... .25.................................................................................... .20
For each folio of lettering or figuring thereon, or in the certificate and description of the same.... 1.00....................................................................... .50
For recording certificates of marriage, death, divorce or birth .................................................................................... 1.00 .50
For taking acknowledgment, including certificate and seal, for the first signature.................................................... 1.00.................................................................................... .75
For each additional signature.......................... .25....................................................................... .25
For preparing the abstract of unsatisfied mortgages, when requested by the board of equalization, for each .................................................................................... .25 .25
2. County recorders in counties wherein the total vote at the last general election did not exceed 800 shall be allowed to charge and collect for a copy of any record or document in their offices the same fees as for recording. County recorders in counties wherein the total vote at the last general election exceeded 800 shall be allowed to charge and collect for copying of any document or record in their offices, for each folio, 20 cents.
3. All county recorders of the counties specified in this section shall be allowed to charge and collect for recording or copying any paper in a foreign language, double the fees as when in English.
4. No map of plat shall be recorded exceeding in size two folios of the usual size records.
5. No county recorder of any county specified in this section shall charge or collect any fees for any of the services herein specified rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity.
6. County recorders 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. 3. NRS 247.300 is hereby amended to read as follows:
247.300 1. Except as provided in NRS 247.225, 257.230, section 1 of this act, 247.240, 247.250, 247.260, 247.265, 247.270 and 247.280, the fees of county recorders in counties wherein the total vote at the last general election did not exceed 800 and in counties wherein the total vote at the last general election exceeded 800, for the filing, indexing and safekeeping as provided by law and for the making of the required notations and endorsements thereon of mortgages of personal property and crops, for the issuing of certificates of searches as provided for by law, for filing assignments, discharges, satisfactions, releases, subordinations and waivers relating to mortgages of personal property and crops or to the lien or interest created or evidenced thereby and for issuing a certificate not under seal of any such filing shall be as follows, and not otherwise:
κ1963 Statutes of Nevada, Page 25 (CHAPTER 24, AB 29)κ
property and crops or to the lien or interest created or evidenced thereby and for issuing a certificate not under seal of any such filing shall be as follows, and not otherwise:
Counties Counties
Polling Polling
800 Votes Over 800
or Less Votes
For filing, issuing certificate of such filing when requested, indexing and keeping every mortgage of personal property or crops or a certified copy or executed counterpart thereof, and making the necessary notations or endorsements thereon....................................... $0.50.................................................................................... $0.50
For making searches of the records and indexes of his office, and certificates or abstracts thereof relating to documents and instruments affecting personal property or crops, for each year for which such searches are certified..................................................................... .25.................................................................................... .25
For filing, issuing certificates of such filing when requested, indexing and keeping every assignment, release, discharge, satisfaction, and cancellation relating to any mortgage of personal property or crops, or the lien or interest created or evidenced thereby, or of any certified copy or executed counterpart thereof.................. .25.................................................................................... .25
For filing, issuing certificate of such filing when requested, indexing, making all necessary notations and endorsements, and keeping every instrument by which, or for the benefit of which, the lien or interest evidenced or created by any mortgage of personal property or crops is subordinated or waived as to priority.............. .25.................................................................................... .25
For every marginal entry of discharge, credit or release of any mortgage of personal property or crops, and indexing the same........................................................................... .... .................................................................................... .25
2. No county recorder of any county specified in this section shall charge or collect any fees for any of the services herein specified rendered by him to the State of Nevada or the county, or any city or town within the county, or any officer thereof in his official capacity.
3. County recorders shall, on or before the 5th day of each month, account for and pay to the county treasurer all such fees collected during the preceding month, except fees which may be retained as compensation.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 26κ
Assembly Bill No. 7Mr. Viani
CHAPTER 25
AN ACT to amend chapter 244 of NRS, relating to county government, by adding a new section authorizing boards of county commissioners under certain conditions to enact ordinances regulating traffic in federal military installations.
[Approved February 27, 1963]
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:
The board of county commissioners of a county in which a federal military installation is located and where exclusive federal jurisdiction is no bar may enact ordinances regulating traffic upon the streets and alleys of residential and commercial areas within the boundaries of such federal military installation.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 2Messrs. Valentine and Christensen
CHAPTER 26
AN ACT to amend NRS section 239.010, relating to the public inspection of state and county records, by adding the same requirement for records of incorporated cities; and providing a penalty.
[Approved February 28, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 239.010 is hereby amended to read as follows:
239.010 1. All books and records of [the] state [and] , county and city officers of this state shall be open at all times during office hours to inspection by any person, and the same may be fully copied or an abstract or memorandum prepared therefrom, and any copies, abstracts or memoranda taken therefrom may be utilized to supply the general public with copies, abstracts or memoranda of the records or in any other way in which the same may be used to the advantage of the owner thereof or of the general public.
2. Any person who violates any of the provisions of subsection 1 is guilty of a misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 27κ
Assembly Bill No. 48Washoe County Delegation (by request)
CHAPTER 27
AN ACT to amend NRS section 268.020, relating to the presentation of claims against incorporated cities, by providing that no claim, except those for personal injuries, property damage, and any other claim arising out of a tort need be certified before presentation and payment; and providing other matters properly relating thereto.
[Approved February 28, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 268.020 is hereby amended to read as follows:
268.020 1. All demands and accounts and all claims of whatsoever kind, character or nature, or however the same may have originated against any incorporated city in this state, must be presented to the city council of the city, [duly authenticated,] in writing, within 6 months from the time such demands or accounts became due or payable, and within 6 months from the time the acts from which the claims originated shall happen. Claims for property damage, personal injuries and any other claim arising out of a tort shall be certified by the claimant before presentation. No other claim or account need be certified. The certification required by this subsection shall be in substantially the following form: I hereby certify that the above and foregoing claim against the City of ...................., State of Nevada, is just and reasonable, and that the claim is now due, owing and unpaid.
2. No such demand, account or claim against any incorporated city in this state shall be audited, considered, allowed or paid by the city council or any officer or officers of the incorporated city unless the provision of subsection 1 shall have been strictly complied with.
3. No such demand, account or claim which has once been rejected shall ever again be considered or allowed by the same or any subsequently elected or appointed city council of the same city.
Sec. 2. Nothing in this act shall be construed to revive any claim barred by a statute of limitations, or to restore any claim once acted on by the governing body of any city and rejected.
________
Assembly Bill No. 59Messrs. Bastian and Knisley
CHAPTER 28
AN ACT to amend NRS section 218.580, which prohibits legislators from having interests in contracts with the state, by permitting a legislator to sell, or enter into a contract to sell, a commodity to the state or any department thereof if he is the only source of supply of such commodity within the state; and by providing other matters properly relating thereto.
[Approved February 28, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.580 is hereby amended to read as follows:
218.580 1. It shall be unlawful for any member of the legislature to become a contractor under any contract or order for supplies or any other kind of contract authorized by the legislature of which he is a member for the state or any department thereof, or the legislature or either house thereof, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
κ1963 Statutes of Nevada, Page 28 (CHAPTER 28, AB 59)κ
to become a contractor under any contract or order for supplies or any other kind of contract authorized by the legislature of which he is a member for the state or any department thereof, or the legislature or either house thereof, or to be in any manner interested, directly or indirectly, as principal, in any kind of contract so authorized.
2. It shall be unlawful for any member of the legislature to be interested in any contract made by the legislature of which he is a member, or to be a purchaser or to be interested in any purchase or sale made by the legislature of which he is a member.
3. Notwithstanding the provisions of subsections 1 and 2, any member of the legislature may sell, or enter into a contract to sell, to the state or any department thereof any item or commodity if such member is the only source of supply of such item or commodity within the state.
4. Any contract made in violation of the provisions of subsection 1 or 2 may be declared void at the instance of the state or of any other person interested in the contract except the member of the legislature prohibited in subsection 1 or 2 from making or being interested in the contract.
[4.] 5. Any person violating the provisions of subsection 1 or 2, directly or indirectly, shall forfeit his office, and shall be punished by a fine of not less than $500 nor more than $5,000, or by imprisonment in the state prison for not less than 1 year nor more than 5 years, or by both fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 14Senator Parks
CHAPTER 29
AN ACT to amend NRS section 115.040, relating to encumbrances and abandonment of homestead property, by providing that a mortgage or alienation of homestead property is valid where given with the consent of both husband and wife.
[Approved February 28, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 115.040 is hereby amended to read as follows:
115.040 1. The exemption shall not extend to any mechanics, laborers, or vendors lien lawfully obtained.
2. No mortgage or alienation of any kind, made for the purpose of securing a loan or indebtedness upon the homestead property, shall be valid for any purpose whatsoever [; but a mortgage or alienation to secure the purchase money or pay the purchase money shall be valid if the signature of the wife be obtained to the same, and acknowledged by her separately and apart from her husband.] , unless the signature of the husband and wife be obtained to the same and such mortgage or alienation is acknowledged by the wife separately and apart from her husband.
κ1963 Statutes of Nevada, Page 29 (CHAPTER 29, SB 14)κ
of the husband and wife be obtained to the same and such mortgage or alienation is acknowledged by the wife separately and apart from her husband.
3. The homestead property shall not be deemed to be abandoned without a declaration thereof in writing, signed and acknowledged by both husband and wife, or other head of a family, and recorded in the same office and in the same manner as the declaration of claim to the same is required to be recorded, and the acknowledgment of the wife to such declaration of abandonment shall be taken separately and apart from her husband.
4. If the wife be not a resident of this state, her signature and the acknowledgment thereof shall not be necessary to the validity of any mortgage or alienation of the homestead before it becomes the homestead of the debtor.
________
Senate Bill No. 41Committee on Judiciary
CHAPTER 30
AN ACT to amend NRS sections 209.135, 210.085, 423.095 and 433.135, relating to charges and perquisites of officers and employees of the Nevada state prison, the Nevada youth training center, the Nevada state childrens home and the Nevada state hospital, by providing that the governor shall notify each regular session of the legislature of the existing charges and perquisites.
[Approved February 28, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 210.085 is hereby amended to read as follows:
210.085 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 [annually] of the existing charges and perquisites.
Sec. 2. NRS 209.135 is hereby amended to read as follows:
209.135 1. If the warden finds that it is necessary or desirable that any officer of employee reside at the prison, perquisites granted to such persons 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 [annually] of the existing charges and perquisites.
Sec. 3. NRS 423.095 is hereby amended to read as follows:
423.095 1. If the superintendent finds that it is necessary or desirable that any employee reside at the Nevada state childrens home, perquisites granted to such persons or charges for services rendered to such persons shall be at the discretion of the governor.
κ1963 Statutes of Nevada, Page 30 (CHAPTER 30, SB 41)κ
2. The governor shall notify each regular session of the legislature [annually] of the existing charges and perquisites.
Sec. 4. NRS 433.135 is hereby amended to read as follows:
433.135 1. If the superintendent finds that it is necessary or desirable that any employee reside at the hospital, perquisites granted to such persons or charges for services rendered to such persons shall be at the discretion of the governor.
2. The governor shall notify each regular session of the legislature [annually] of the existing charges and perquisites.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 64Committee on Agriculture and Irrigation
CHAPTER 31
AN ACT to amend NRS sections 586.120 and 586.270, relating to economic poisons, by redefining the term ingredient statement, and authorizing the executive director of the state department of agriculture to fix annual registration fees.
[Approved February 28, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 586.120 is hereby amended to read as follows:
586.120 Ingredient statement means either:
1. A statement of the name and amount by percentage [or] of weight of each active ingredient, together with the total amount by percentage [or] of weight of the inert ingredients, in the economic poison; or
2. A statement of the name of each active ingredient, together with the name of each and total amount by percentage [or] of weight of the inert ingredients, if any there be, in the economic poison (except subsection 1 shall apply if the preparation is highly toxic to man, determined as provided in NRS 586.310); and
3. In addition to subsections 1 and 2, in case the economic poison contains arsenic in any form, a statement of the percentages [or] of weights of total and water-soluble arsenic, each calculated as elemental arsenic.
Sec. 2. NRS 586.270 is hereby amended to read as follows:
586.270 The registrant shall pay an annual registration fee [of] in an amount fixed by the executive director not to exceed $10 for each economic poison registered up to 10 brands and not to exceed $3 for each additional brand registered.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 31κ
Senate Bill No. 66Committee on Agriculture and Irrigation
CHAPTER 32
AN ACT to amend chapter 244 of NRS, relating to county government, by adding a new section authorizing boards of county commissioners to execute contracts or agreements with and to make funds and contributions available to the state department of agriculture for the administration of various programs of the state department of agriculture.
[Approved February 28, 1963]
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:
The board of county commissioners shall have power and jurisdiction in their respective counties to:
1. Execute contracts or agreements with the state department of agriculture pursuant to the provisions of NRS 561.245; and
2. Make funds and contributions available to the state department of agriculture pursuant to the provisions of NRS 561.255.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 106Senator Parks
CHAPTER 33
AN ACT authorizing the board of hospital trustees of the Mt. Grant General Hospital in Mineral County, Nevada, to amend the hospital operating budget for the fiscal year 1962-1963; and providing other matters properly relating thereto.
[Approved February 28, 1963]
Whereas, Pursuant to the provisions of NRS 450.230, the board of hospital trustees of the Mt. Grant General Hospital, a public hospital, in Mineral County, Nevada, filed with the board of county commissioners of Mineral County, Nevada, an operating budget for the hospital for the fiscal year 1962-1963; and
Whereas, The current trend of the hospitals operation indicates the probable receipt of the sum of $25,000 over the sum of the $75,000 estimated in the operating budget filed pursuant to law for the fiscal year 1962-1963, thus creating a problem of expanding operating costs of an additional $10,000 for the board of hospital trustees; and
Whereas, The board of hospital trustees are now undertaking a new hospital construction project, which project is in need of additional authorized funds of $15,000; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of any other law, the board of hospital trustees of the Mt. Grant General Hospital in Mineral County, Nevada, is hereby authorized to amend the operating budget of the Mt.
κ1963 Statutes of Nevada, Page 32 (CHAPTER 33, SB 106)κ
budget of the Mt. Grant General Hospital for the fiscal year 1962-1963 heretofore filed with the board of county commissioners of Mineral County, Nevada, pursuant to the provisions of NRS 450.230 by:
(a) Increasing the estimated income of such hospital for the fiscal year 1962-1963 from $75,000 to $100,000; and
(b) Adding the sum of $10,000 to the hospital operating fund for the fiscal year 1962-1963; and
(c) Adding the sum of $15,000 to the new construction fund.
Sec. 2. All county and state officers shall take such action as may be necessary to effectuate the purposes of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 53Senator Gallagher
CHAPTER 34
AN ACT to amend NRS sections 317.060 and 317.070, relating to duties of the trustees of television maintenance districts and district assessments, by deleting a provision whereby the television maintenance district must reimburse the county for the cost of collecting district assessments; by providing that the trustees may pay the county assessor for extra time spent and mileage traveled in collecting district assessments; and by providing other matters properly relating thereto.
[Approved February 28, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 317.060 is hereby amended to read as follows:
317.060 1. The trustees of the district shall annually certify to the board of county commissioners the amount of money necessary to maintain the property of the district and to [reimburse the county] compensate the county assessor or his deputy for the cost of collecting any assessments levied pursuant to this chapter, any special assessments needed to pay the principal or interest on special assessment bonds issued by the trustees, and any special assessments applicable to the district as a whole or any division thereof to pay the principal or interest on any loan made pursuant to NRS 317.040. The board of county commissioners, at the time of levying county taxes, shall make such assessment or assessments against every television receiver operated within the district or any division thereof, which receiver is used to receive the television broadcasts supplied by the district, in an amount sufficient to raise the money required by the district. Such assessments shall be collected by the county assessor in the same manner as taxes are collected on unsecured personal property.
2. [The board of county commissioners] The trustees of the district may provide compensation from the fund provided for in NRS 317.070 for the county assessor or his deputy, or both, for extra time spent and for mileage traveled in making and collecting such assessments.
κ1963 Statutes of Nevada, Page 33 (CHAPTER 34, SB 53)κ
spent and for mileage traveled in making and collecting such assessments.
Sec. 2. NRS 317.070 is hereby amended to read as follows:
317.070 [1.] The assessments collected, together with any other money received by the trustees of the district, shall be paid into the county treasury, and shall constitute a separate fund to be expended solely for the purposes of the district upon [warrants] orders signed by not less than two of the trustees of the district.
[2. Each television district shall reimburse the county, from the fund provided for in this section, for all costs properly incurred in collecting any assessments levied under the provisions of this chapter.]
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 44Committee on Judiciary
CHAPTER 35
AN ACT to repeal NRS section 361.250, relating to assessment and taxation of mortgages, deeds of trust and other contracts; and providing other matters properly relating thereto.
[Approved March 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.250 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 133Mr. Viani
CHAPTER 36
AN ACT to amend act entitled An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved March 5, 1963]
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 45, Statutes of Nevada 1921, as last amended by chapter 48, Statutes of Nevada 1925, at page 56, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 34 (CHAPTER 36, AB 133)κ
Sec. 3. (a) This act contemplates primarily the purchase, distribution and sale of electrical energy by the Mineral County power system as a public utility in the towns of Luckyboy, Hawthorne, Luning, Mina, Candelaria, and Simon, over its lines, and the board of county commissioners are hereby authorized and empowered to maintain and operate said electric lines as a high tension electric power system, and purchase all necessary materials and supplies for use thereon or in connection therewith, and to operate transformers, substations and distributing systems at those points, or at other points to which the system lines may be hereafter extended, but nothing herein shall be construed so as to require or compel said board to maintain and operate said system at any of said points if, in the judgment of said board, as recorded in their minutes, it shall appear that so to do would be uneconomical and likely to result in an operating loss.
(b) Whenever in the unanimous judgment of the board of managers (such opinion and the facts upon which it is based to be set forth in full upon their minutes), it shall appear that an extension of the lines of said system (either primary or secondary, as the same may be defined by the board), would be a profitable investment for said utility and promote the general welfare of the community or section proposed to be served, they may authorize the same to be constructed, and enter into contracts therefor, upon the express conditions that such extension be built by or under the complete supervision and control of such board, and that the [entire] cost of such extension and construction as required shall be advanced and paid to the county by the consumer or consumers whom it is proposed to serve [; provided, that such total cost, which shall include erection, may be rebated to such consumer or consumers through monthly bills for service incurred within a period of four years immediately following the construction of such extension, at the rate of not less than twenty-five percent (25%) annually, and that the title to such line extensions shall at all times be in and remain with the Mineral County power system, whether said cost shall have been fully rebated within the four year period or not, and such extension shall be considered a part of the Mineral County power system authorized by this act.] , according to line extension rules and regulations filed with and approved by the public service commission of Nevada. All customer utility matters in relation to electric service shall be subject to the standard rules and regulations of the public service commission of Nevada. The title to all such line extensions shall at all times be in, and remain with, the Mineral County power system, whether the said cost shall have been fully rebated or not, and such extensions shall be considered as part of the Mineral County power system authorized by this act.
(c) The entire cost, including erection and installation of all operating equipment necessary on such line extensions, including transformers, substations, fixtures, lightning arresters and other necessary electrical equipment, shall be borne by the consumer or consumers served, and no part of such cost shall be rebated by the board of managers, either directly or indirectly; provided, however, that with the consent and approval of the board of managers, power may be sold and consumers served from the lines of said system, in cases where line extensions are built and necessary operating equipment installed (all to be of the standard required and approved by such board), at the expense of said consumer or consumers and where the title to such extension and equipment remains in the consumer or consumers, but in every such case, no part of the cost or erection, installation or maintenance shall be paid or rebated, either directly or indirectly, to said consumer or consumers, nor shall such extension with its operating equipment be deemed or considered a part of the Mineral County power system.
κ1963 Statutes of Nevada, Page 35 (CHAPTER 36, AB 133)κ
consent and approval of the board of managers, power may be sold and consumers served from the lines of said system, in cases where line extensions are built and necessary operating equipment installed (all to be of the standard required and approved by such board), at the expense of said consumer or consumers and where the title to such extension and equipment remains in the consumer or consumers, but in every such case, no part of the cost or erection, installation or maintenance shall be paid or rebated, either directly or indirectly, to said consumer or consumers, nor shall such extension with its operating equipment be deemed or considered a part of the Mineral County power system.
(d) The board as a condition precedent to entering into or authorizing any contract providing for extensions of their primary or secondary lines, shall specifically require that all electrical equipment proposed to be installed by such consumer or consumers shall be of the standard type and quality required and approved by the Mineral County power system, and that the erection and installation thereof shall be under the complete supervision and control of said board, and be made in accord with their standard of practice and requirements covering such installations.
(e) If an extension of the system lines (either primary or secondary) to any particular point shall hereafter be built under the foregoing conditions, and it shall subsequently appear to such board that the public convenience of such community or locality would be promoted and served and that it would be a profitable investment if a local distributing system were to be erected and installed thereat, the board of managers upon receiving and filing a petition signed by not less that sixty-five percent (65%) in number of the taxpayers of said community or locality proposed to be served (said percentage to be ascertained by an examination of the assessment rolls for the current year, and covering such community or locality) may, after causing all such facts to appear affirmatively upon their minutes, order the erection and installation of such local distributing system, and of all necessary operating equipment, and the same shall thereafter be a part of the Mineral County power system, but subject nevertheless to the conditions set forth in paragraph (a) of this section as to suspension in case of unprofitable operation; provided, that in the event of an extension of the lines of the Mineral County power system being proposed and authorized to any adjoining county within the State of Nevada, no license or franchise shall be required or exacted as a condition precedent by the board of county commissioners of such adjoining county to the making of such extension, and the authority granted by this act to the county of Mineral to operate the Mineral County power system as a public utility, shall be full warrant for the making of any such extension, and the same shall be exempt from taxation.
(f) It is the express intent of this section that the board of managers may consent to make and contract for line extensions of said system upon the entire cost thereof as above defined, being advanced to the county, and that said cost may be rebated, as hereinbefore provided, but that such line extension shall not be construed to include any transformer, substation or fixtures, lightning arresters or other electrical equipment necessary, no part of the cost of which shall or may be rebated, either directly or indirectly, to such consumer by the county.
κ1963 Statutes of Nevada, Page 36 (CHAPTER 36, AB 133)κ
county, and that said cost may be rebated, as hereinbefore provided, but that such line extension shall not be construed to include any transformer, substation or fixtures, lightning arresters or other electrical equipment necessary, no part of the cost of which shall or may be rebated, either directly or indirectly, to such consumer by the county.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 65Committee on Agriculture and Irrigation
CHAPTER 37
AN ACT to amend NRS sections 588.040, 588.080, 588.170 and 588.180, relating to commercial fertilizers and agricultural minerals, by redefining the words brand and grade; by authorizing the executive director of the state department of agriculture to fix brand and grade registration fees; by deleting certain required information in registration applications; and providing other matters properly relating thereto.
[Approved March 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 588.040 is hereby amended to read as follows:
588.040 Brand means any [term, design or trade-mark] and all words, terms, designs or trade-marks used in connection with one or several grades of fertilizers or agricultural minerals.
Sec. 2. NRS 588.080 is hereby amended to read as follows:
588.080 [Grade means the minimum percentage of total nitrogen, available phosphoric acid, and soluble potash stated in the order given in this section and, when applied to mixed fertilizers, shall be in whole numbers only.] 1. As related to fertilizers, grade means the minimum percentage of total nitrogen, available phosphorus or phosphoric acid and soluble potassium or soluble potash stated in the order given in this subsection and, when applied to mixed fertilizers, shall be in whole numbers only.
2. As related to agricultural minerals, grade means the minimum percentage of guaranteed analysis determined as provided in NRS 588.190.
Sec. 3. NRS 588.170 is hereby amended to read as follows:
588.170 1. Each brand and grade of commercial fertilizer or agricultural minerals shall be registered with the state department of agriculture before being offered for sale, sold or distributed in this state.
2. The application for registration shall be submitted in duplicate to the executive director on forms furnished by him, and shall be accompanied by a registration fee [of $25 per brand.] in an amount to be fixed annually by the executive director, not to exceed $10 for each combined registration of brand and grade.
κ1963 Statutes of Nevada, Page 37 (CHAPTER 37, SB 65)κ
3. The applicant shall also deposit with the state department of agriculture an airtight container containing not less than 2 pounds of such fertilizer or agricultural mineral, with an affidavit that it is a fair sample of the fertilizer or agricultural mineral to be sold or offered for sale.
4. Upon approval by the executive director, a copy of the registration shall be furnished to the applicant.
5. All registrations expire on June 30 of each year.
Sec. 4. NRS 588.180 is hereby amended to read as follows:
588.180 1. The application shall include the following information in the following order:
(a) The name and address of the person guaranteeing the registration.
(b) The brand and grade.
(c) The guaranteed analysis showing the minimum percentage and source of plant food claimed in the following order and form:
Total nitrogen: Percentage ...................., source ....................
Available phosphoric acid: Percentage ...................., source ....................
[Total phosphoric acid: Percentage ...................., source ....................]
Soluble potash: Percentage ...................., source ....................
2. Unacidulated mineral phosphatic materials and basic slag shall be guaranteed as to both total and available phosphoric acid, and the degree of fineness.
3. In the case of bone, tankage and other natural organic phosphate materials, only the total phosphoric acid need be guaranteed.
4. Additional plant food elements, determined by chemical methods, may be guaranteed only by permission of the executive director. When any such additional plant foods are claimed they shall be included in the guarantee, and shall be subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the executive director.
5. The executive director may permit or require the potential basicity or acidity (expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton) to be registered and guaranteed.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 94Senator McGowan
CHAPTER 38
AN ACT to amend chapter 248 of NRS, relating to sheriffs, by adding a new section providing a fee schedule for the sheriff of Pershing County, and authorizing such sheriff to charge and collect such fees.
[Approved March 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 248 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1963 Statutes of Nevada, Page 38 (CHAPTER 38, SB 94)κ
1. The sheriff of Pershing County shall be allowed to charge and collect the following fees:
For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except a writ of habeas corpus, on every defendant............................................................................. $2.00
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile .50
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only shall be charged.
For taking bond or undertaking in any case in which he is authorized to take the same....................................................................................... 1.50
For copy of any writ, process or other paper, when demanded or required by law, for each folio.......................................................................... .30
For serving every notice, rule or order................................................. 1.00
For serving subpena, for each witness summoned.............................. .50
For traveling, per mile in serving subpenas, or a venire, in going only, for each mile.............................................................................................. .50
When two or more witnesses or jurors live in the same direction, traveling fees shall be charged only for the most distant.
For serving an attachment on property, or levying an execution, or executing an order of arrest, or order for the delivery of personal property, together with traveling fees, as in cases of summons. 3.00
For making and posting notices, and advertising for sale, on execution, or any judgment, or order of sale, not to include the cost of publication in a newspaper......................................................................................... 2.00
For issuing each certificate of sale of property on execution, or order of sale, and for filing a duplicate thereof with the county recorder, which shall be collected from the party receiving the certificate......... 2.00
One-half of the fee shall be paid to the county recorder.
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof....... 5.00
For serving a writ of possession, or restitution, putting any person into possession entitled thereto............................................................... 5.00
For traveling in the service of any process, not hereinbefore mentioned, for each mile necessarily traveled, for going only, for each mile .50
2. The sheriff of Pershing County shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution, or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount 1 percent.
κ1963 Statutes of Nevada, Page 39 (CHAPTER 38, SB 94)κ
$500, and not exceeding $1,000, 2 percent; on all sums above that amount 1 percent.
(b) For commissions for receiving and paying over money on execution without levy, or where the lands or goods levied on shall not be sold, on the first $500, 1 percent; on all over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.
(d) For all services in justices courts, the same fees as are allowed constables.
3. The sheriff shall also be allowed further compensation for his trouble and expense in taking possession of property under attachment, or execution, or other process, and of preserving the same, as the court from which the writ or order may issue shall certify to be just and reasonable.
4. In service of subpena or venire in criminal cases, the sheriff shall receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees herein allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, shall be collected from the defendants, by virtue of such execution, or order of sale, in the same manner as the same may be therein directed to be made.
6. All fees collected by the sheriff of Pershing County shall be paid into the county treasury on or before the 5th day of the month next succeeding the month in which such fees are collected.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 109Senator Dial
CHAPTER 39
AN ACT placing under the jurisdiction of the state land register a parcel of land distributed to the capitol commissioners of the State of Nevada by the terms of the decree of final distribution in the estate of Joseph Poujade, deceased, filed in Ormsby County on December 19, 1930.
[Approved March 5, 1963]
Whereas, By the terms of the Decree Settling Final Account and Ordering Distribution in the Matter of the Estate of Joseph Poujade, Deceased, filed in Ormsby County on December 19, 1930, the following-described land was distributed to the Capitol Commissioners of the State of Nevada for the State of Nevada:
Township 15 North, Range 19 East, M.D.B. & M.
Section 21, S 1/2 SW 1/4-80 acres;
and
Whereas, After the filing of the Decree Settling Final Account and Ordering Distribution in the Matter of the Estate of Joseph Poujade, Deceased, the board of capitol commissioners of the State of Nevada was abolished by the creation of the state board of control, which in turn was subsequently abolished; now, therefore,
κ1963 Statutes of Nevada, Page 40 (CHAPTER 39, SB 109)κ
Deceased, the board of capitol commissioners of the State of Nevada was abolished by the creation of the state board of control, which in turn was subsequently abolished; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-described parcel of land, distributed to the Capitol Commissioners of the State of Nevada for the State of Nevada by the terms of the Decree Settling Final Account and Ordering Distribution in the Matter of the Estate of Joseph Poujade, Deceased, filed in Ormsby County on December 19, 1930, is hereby placed under the jurisdiction of the state land register, division of state lands, of the state department of conservation and natural resources.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 136Committee on Legislative Functions
CHAPTER 40
AN ACT to amend chapter 218 of NRS, relating to the state legislature, by adding a new section authorizing the legislative counsel to employ required personnel to carry out legislative functions between sessions; and providing other matters properly relating thereto.
[Approved March 5, 1963]
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:
Notwithstanding the provisions of NRS 218.150 and NRS 218.180, between sessions of the legislature, the legislative counsel with the approval of the legislative commission, may appoint such technical, clerical and operational staff as the functions and operations of the legislature may require.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 41κ
Assembly Bill No. 65Mr. Posin and Miss Dungan
CHAPTER 41
AN ACT to amend chapter 207 of NRS, relating to miscellaneous crimes, by adding new sections making it a crime to molest any child under 18 years of age or to loiter about any public place frequented by children; providing penalties; and providing other matters properly relating thereto.
[Approved March 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 207 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. Any person who annoys or molests any minor under the age of 18 years is guilty of a misdemeanor, and shall be punished for the first offense by a fine of not more than $500 or by imprisonment in the county jail for not more than 6 months, or by both such fine and imprisonment. For the second and each subsequent offense he shall be punished by imprisonment in the state prison for not less than 1 year or more than 10 years.
Sec. 3. Any person who loiters about any school or public place at or near which children attend or normally congregate is guilty of a misdemeanor and shall be punished by a fine of not more than $500 or by imprisonment in the county jail for not more than 6 months, or by both such fine and imprisonment.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 50Washoe County Delegation (by request)
CHAPTER 42
AN ACT to amend NRS section 218.080, relating to Washoe County assembly districts, by providing for the inclusion of the City of Reno in the Reno assembly district and the inclusion of the City of Sparks in the Sparks assembly district; and by providing other matters properly relating thereto.
[Approved March 5, 1963]
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 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.
κ1963 Statutes of Nevada, Page 42 (CHAPTER 42, AB 50)κ
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; then North 63°48′05ʺ East a distance of 660 feet; thence South 83°27′29ʺ East a distance of 729.30 feet; thence South 78°15ʺ 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.
2. Notwithstanding assembly district lines as described in this section by metes and bounds and by the natural boundary of the Truckee River, the Sparks assembly district shall include the whole of the incorporated City of Sparks at all times, and Reno assembly district shall include the whole of the City of Reno at all times.
3. Assemblymen shall be elected at large from within the district wherein they reside by the qualified electors residing in that district.
[3] 4. The 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 void.
________
κ1963 Statutes of Nevada, Page 43κ
Assembly Bill No. 125Nye County Delegation
CHAPTER 43
AN ACT to amend an act entitled An Act fixing the compensation of certain officers in Nye county, and other matters properly relating thereto; and repealing certain acts and parts of acts, approved February 26, 1953, as amended.
[Approved March 12, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 5 of the above-entitled act, being chapter 26, Statutes of Nevada 1953, as last amended by chapter 174, Statutes of Nevada 1961, at page 276, is hereby amended to read as follows:
Section 5. The county assessor of Nye County shall be paid an annual salary of $6,000, payable in equal monthly installments, for all his services as such officer. He [may have such deputy or] shall have one deputy to be selected by him, and to be paid a salary not to exceed $450 per month, and such other deputies, typists or stenographers, to be named by him, as the board of county commissioners, by majority consent, may deem necessary, and for such time and compensation as they may direct, at a salary not to exceed [$375] $450 per month. The county assessor shall be allowed his travel expenses in the same manner as are other county officers.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 135Mr. Howard
CHAPTER 44
AN ACT to amend NRS sections 266.220 and 266.629, relating to election of councilmen in cities of the third class, by providing that city councils in such cities may by ordinance provide for election of councilmen at large from the wards in which they reside; and by providing other matters properly relating thereto.
[Approved March 12, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.220 is hereby amended to read as follows:
266.220 1. [Councilmen] Except as provided in subsection 3, councilmen shall be chosen by the qualified electors of their respective wards.
2. In cities of the first class, the city council shall be composed of nine councilmen, one from each ward and one elected by the electors of the city at large. In cities of the second class, the city council shall be composed of five councilmen, one from each ward. In cities of the third class, the city council shall be composed of three councilmen, one from each ward.
κ1963 Statutes of Nevada, Page 44 (CHAPTER 44, AB 135)κ
3. In cities of the third class, the council may by ordinance provide that councilmen shall be voted upon by the electors of the city at large, but shall reside in the ward to be represented by them. If the council adopts such an ordinance, the ordinance shall not be amended or repealed until at least two consecutive elections have been conducted pursuant to such ordinance.
Sec. 2. NRS 266.629 is hereby amended to read as follows:
266.629 1. A general city election shall be held in each city of the third class on the 1st Tuesday after the 1st Monday in May of the first odd-numbered year after incorporation, and on the same day either every 2 years or every 4 years thereafter as determined by ordinance, at which shall be elected one mayor and three councilmen.
2. A candidate for any office to be voted for at the general city election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the general city 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 in an amount fixed by the city council by ordinance.
3. Candidates for mayor shall be voted upon by the electors of the city at large. Candidates for councilman shall be voted upon by the electors of their respective wards to represent the wards in which they reside, or by the electors of the city at large to represent the wards in which they reside, in accordance with the provisions of this chapter.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 129Committee on Ways and Means
CHAPTER 45
AN ACT to amend chapter 353 of NRS, relating to state financial administration, by adding a new section authorizing the state controller to order the return to the general fund of any moneys which remain in a specific fund after the accomplishment of the objective for which the specific fund was created upon obtaining the recommendation of the state board of examiners and the consent of the agency having control of the specific fund involved; and providing other matters properly relating thereto.
[Approved March 12, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever moneys have been appropriated from the general fund to a specific fund created for the purpose of carrying on certain activities or accomplishing certain objectives, and no provision has been made for the reversion to the general fund of any moneys which remain in such specific fund after the completion of the activities or the accomplishment of the objectives for which such fund was created, the state controller may order the transfer to the general fund of such moneys upon obtaining an appropriate recommendation from the state board of examiners and the consent of the agency having control of the specific fund involved.
κ1963 Statutes of Nevada, Page 45 (CHAPTER 45, AB 129)κ
made for the reversion to the general fund of any moneys which remain in such specific fund after the completion of the activities or the accomplishment of the objectives for which such fund was created, the state controller may order the transfer to the general fund of such moneys upon obtaining an appropriate recommendation from the state board of examiners and the consent of the agency having control of the specific fund involved.
________
Assembly Bill No. 68Messrs. Tyson, Gibson, Bunker, Posin, Glaser, Knisley and McNamee
CHAPTER 46
AN ACT appropriating $15,000 from the general fund in the state treasury to the state department of conservation and natural resources for the continuation of a study for the proper location of future wells in Las Vegas Valley; and providing other matters properly relating thereto.
[Approved March 12, 1963]
Whereas, The diversion of ground water from the Las Vegas Valley underground water basin exceeds the estimated average annual replenishment by over 100 percent, and such diversion from ground water storage will increase until such time as an additional supply of Colorado River water is imported into the valley, and unless remedial methods are instituted, a critical ground water situation could develop; and
Whereas, The Bureau of Reclamation is preparing a report as to the most feasible method to import Colorado River water into the Las Vegas and Eldorado Valleys, and if such method is found feasible and meets the desires of the residents of the area, congressional authorization of a reclamation project will be sought early in 1964; but if such a proposed reclamation project is found not desirable for any reason, other plans and projects will need be developed, and, in no event will additional Colorado River water be imported for several years; and
Whereas, In order to make water available for an expanding population and at the same time to utilize the ground water basin in such a manner that this vital resource will continue to be available to the greatest possible extent to the area, studies must be made to serve as the basis for recommendations for consideration by the state engineer and the Las Vegas Valley ground water board regarding the location and proper spacing of new wells in order to avoid undue pumping interference and to permit the continuous extraction of the greatest permissible quantities of ground water; and
Whereas, Such study utilizing the technical resources of the Desert Research Institute of the University of Nevada was commenced in July 1962 by the state department of conservation and natural resources; now, therefore,
κ1963 Statutes of Nevada, Page 46 (CHAPTER 46, AB 68)κ
July 1962 by the state department of conservation and natural resources; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated to the state department of conservation and natural resources from the general fund in the treasury the sum of $15,000 to provide the means by which the department may continue without interruption the studies now underway in the Las Vegas Valley ground water basin, upon the condition that the department in carrying out such studies will utilize to the maximum possible extent the technical resources of the Desert Research Institute of the University of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 16Mr. Swanson
CHAPTER 47
AN ACT to amend NRS section 17.180, relating to judgment liens, by extending the lien of a judgment recorded in a county other than the county in which rendered from 3 to 6 years.
[Approved March 12, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 17.180 is hereby amended to read as follows:
17.180 A transcript of the original docket of any judgment or decree of a district court of the State of Nevada, or of any judgment or decree of the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree is docketed, may be filed with the recorder of any other county, and when so filed it shall become a lien upon all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterwards acquire, until the lien expires. The lien shall continue for [3] 6 years from the date the judgment or decree was docketed, unless previously satisfied, or the lien otherwise discharged. But the time during which the execution of the judgment or decree is suspended by appeal, or action of the court or defendant, shall not be computed.
________
κ1963 Statutes of Nevada, Page 47κ
Senate Bill No. 40Committee on Judiciary
CHAPTER 48
AN ACT to amend NRS sections 171.030 to 171.040, inclusive, 171.055 to 171.065, inclusive, and 171.075, relating to local jurisdiction of certain public offenses, by substituting venue for jurisdiction in such provisions; by providing for venue for offenses committed on private motor vehicles; and by providing other matters properly relating thereto.
[Approved March 12, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.030 is hereby amended to read as follows:
171.030 When a public offense is committed in part in one county and in part in another or the acts or effects thereof constituting or requisite to the consummation of the offense occur in two or more counties, the [jurisdiction] venue is in either county.
Sec. 2. NRS 171.035 is hereby amended to read as follows:
171.035 When an offense is committed on the boundary of [2] two or more counties, or within 500 yards thereof, the [jurisdiction] venue is in either county.
Sec. 3. NRS 171.040 is hereby amended to read as follows:
171.040 When an offense is committed in this state:
1. On board a vessel navigating a river, slough, lake or canal, or lying therein, in the prosecution of her voyage, the [jurisdiction] venue is in any county through which the vessel is navigated in the course of her voyage, or in the county where the voyage terminates; or
2. On a railroad train, car, stage or other public conveyance, or on a private motor vehicle, prosecuting its trip, the [jurisdiction] venue is in any county through which the train, car, stage or other public conveyance, or private motor vehicle, passes in the course of its trip, or in the county where the trip terminates; or
3. On an aircraft prosecuting its trip, the [jurisdiction] venue is in any county over which the aircraft passes in the course of its trip, or in the county where the trip terminates. However, [jurisdiction] venue under this subsection shall be only in a county over or into which the aircraft passes prior to the first landing of such aircraft after the crime is discovered by or reported to the person in charge of such aircraft.
Sec. 4. NRS 171.055 is hereby amended to read as follows:
171.055 When the offense, either of bigamy or incest, is committed in one county and the defendant is apprehended in another, the [jurisdiction] venue is in either county.
Sec. 5. NRS 171.060 is hereby amended to read as follows:
171.060 When property taken in one county by burglary, robbery, larceny or embezzlement has been brought into another, the [jurisdiction] venue of the offense is in either county, but if, at any time before the conviction of the defendant in the latter, he is indicted in the former county, the sheriff of the latter county must, upon demand, deliver him to the sheriff of the former.
κ1963 Statutes of Nevada, Page 48 (CHAPTER 48, SB 40)κ
Sec. 6. NRS 171.065 is hereby amended to read as follows:
171.065 In the case of an accessory in the commission of a public offense, the [jurisdiction] venue is in either county where the offense of the accessory was committed, or where the principal offense was committed.
Sec. 7. NRS 171.075 is hereby amended to read as follows:
171.075 When an offense is within the [jurisdiction] venue of two of more counties, a conviction or acquittal thereof in one county is a bar to the prosecution or indictment therefor in another.
________
Assembly Bill No. 74Messrs. Harris and Wood
CHAPTER 49
AN ACT to amend NRS section 333.020, relating to definitions, and NRS sections 333.462, 333.463, 333.466, 333.480 and 333.490, relating to the sale and distribution of federal and state surplus property, by granting volunteer fire departments the authority to purchase and receive such surplus property; and providing other matters properly relating thereto.
[Approved March 13, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.020 is hereby amended to read as follows:
333.020 The following words shall have the following meaning within the purview of this chapter, and shall be so construed:
1. Director means the director of the state department of purchasing.
2. Using agencies means any and all state officers, departments, institutions, boards, commissions and other agencies which derive their support from public funds in whole or in part, whether the same may be funds provided by the State of Nevada, funds received from the Federal Government or any branch, bureau or agency thereof, or fund derived from private or other sources, excepting counties, municipalities, irrigation districts and school districts.
3. Volunteer fire department means a volunteer fire department which pays industrial insurance premiums pursuant to the provisions of chapter 616 of NRS.
Sec. 2. NRS 333.462 is hereby amended to read as follows:
333.462 Whenever the department of highways declares any tools, implements, machinery or other equipment in its possession to be surplus or not necessary for the use of such department, or requests that any such tools, implements, machinery or other equipment be replaced, and if such tools, implements, machinery or other equipment are not transferred to another agency in accordance with subsection 2 of NRS 333.220, the director shall, notwithstanding the provisions of subsection 4 of NRS 333.220, offer the same for sale to the various counties [and] , incorporated cities and volunteer fire departments in this state in accordance with the provisions of NRS 333.463 to 333.468, inclusive.
κ1963 Statutes of Nevada, Page 49 (CHAPTER 49, AB 74)κ
to the various counties [and] , incorporated cities and volunteer fire departments in this state in accordance with the provisions of NRS 333.463 to 333.468, inclusive.
Sec. 3. NRS 333.463 is hereby amended to read as follows:
333.463 1. Whenever any tools, implements, machinery or other equipment become available for purchase by counties or cities as provided in NRS 333.462, the director shall give written notice thereof to the board of county commissioners for each county [and to] , the chief executive officer of each incorporated city in the state [.] and each volunteer fire department in the state.
2. The notice shall contain:
(a) A description of the specific items or lots of items available for purchase, including the make, model, type, age and serial number or other identification of machinery or equipment;
(b) A statement of the time and place where such items will be available for inspection;
(c) A statement of the place where such items will be delivered to the purchaser;
(d) A statement of the time and place at which sealed bids for the purchase of such items or lots of items will be accepted and the time and place such bids will be opened; and
(e) Such other information as the director may deem appropriate.
Sec. 4. NRS 333.466 is hereby amended to read as follows:
333.466 1. Upon the opening of bids, the director shall accept the highest bid for each item or lot of items submitted by any county which conforms to the requirements of NRS 333.464.
2. If no bid conforming to the requirements of NRS 333.464 is received from any county, the director shall accept the highest conforming bid for each item or lot of items submitted by any incorporated city.
3. If no bid conforming to the requirements of NRS 333.464 is received from any incorporated city, the director shall accept the highest conforming bid for each item or lot of items submitted by any volunteer fire department.
4. If no bid conforming to the requirements of NRS 333.464 is received, the director may dispose of any such item or lot of items in such other manner as is authorized by law.
Sec. 5. NRS 333.480 is hereby amended to read as follows:
333.480 1. Except as provided in subsection 2, the director is authorized and directed to purchase or acquire on behalf of the State of Nevada, and all state officers, departments, institutions, boards, commissions, schools, volunteer fire departments and other agencies or political subdivisions of the State of Nevada, all supplies, materials and equipment of any kind and nature required or deemed advisable for such state officers, departments, institutions, boards, commissions, schools and other agencies or political subdivisions that may be available from General Services Administration or any other governmental agency dealing in war surplus material or donable war surplus material.
κ1963 Statutes of Nevada, Page 50 (CHAPTER 49, AB 74)κ
2. The provisions of subsection 1 shall not apply to the school lunch program as administered by the state board of education.
Sec. 6. NRS 333.490 is hereby amended to read as follows:
333.490 1. The director is authorized and directed to do all things necessary to secure, warehouse and distribute throughout the state federal donable surplus property to tax-supported or nonprofit schools and other health and educational institutions, to civil defense organizations, to volunteer fire departments, and to such other institutions or activities as may now be or hereafter become eligible under federal law to acquire such property. The director is authorized to make such certifications, take such action and enter into such contracts and undertakings for and in the name of the state as may be authorized or required by federal law or regulations in connection with the receipt, warehousing and distribution of federal donable surplus property received by him. He is further authorized to adopt, amend or rescind such rules and regulations, prescribe such requirements, and take such action as he may deem necessary to assure maximum utilization by and benefit to eligible institutions and organizations from such federal donable surplus property. He shall make a charge to the schools and institutions receiving donable surplus property secured through the department, such charge to be a percentage of the acquisition cost or of the fair value of the item requested sufficient to repay in portion or in entirety the transportation and other costs incurred in acquisition of the property in question.
2. The director is authorized to discontinue temporarily or terminate entirely such donable surplus property operation at any time when there is not sufficient flow of such property to make continued employment of personnel for this purpose beneficial to the state.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 28Washoe County Delegation (by request)
CHAPTER 50
AN ACT to amend NRS section 245.210, relating to vacations and leaves of absence for county employees and appointed officers, by requiring counties to enact ordinances providing for annual, sick and disability leave for elected and appointed county officers and county employees; specifying provisions of the required ordinances; and providing other matters properly relating thereto.
[Approved March 13, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 245.210 is hereby amended to read as follows:
245.210 [The board of county commissioners of each of the several counties is authorized, upon such terms and conditions as it deems proper, to grant vacations with pay, military leaves, not to exceed 2 weeks with pay, and sick leave, to any employee or appointed officer of the county who is a regular employee or officer and has been in the service of the county for at least 1 year.]
κ1963 Statutes of Nevada, Page 51 (CHAPTER 50, AB 28)κ
weeks with pay, and sick leave, to any employee or appointed officer of the county who is a regular employee or officer and has been in the service of the county for at least 1 year.]
1. The board of county commissioners of each of the several counties shall enact an ordinance providing for annual, sick and disability leave for elected and appointed county officers and county employees. The provisions of such ordinance may be more restrictive but not more extensive than the provisions set forth in subsection 2.
2. Such an ordinance shall include provisions in substance as follows:
(a) A provision that all elected and appointed officers and employees shall be entitled to annual leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 30 working days.
(b) A provision that the board of county commissioners may by order provide for additional annual leave for long-term appointed officers and employees and for prorated annual leave for part-time employees.
(c) A provision that if an appointed officer or employee dies and was entitled to accumulated annual leave under the provisions of the ordinance, the heirs of such deceased officer or employee who are given priority to succeed to his assets under the laws of intestate succession of this state, or the executor or administrator of his estate, upon submitting satisfactory proof to the board of county commissioners of their entitlement, shall be paid an amount of money equal to the number of days earned or accrued annual leave multiplied by the daily salary or wages of such deceased officer or employee.
(d) A provision that no elected county officer shall be paid for accumulated annual leave upon termination of his service.
(e) A provision that during the first 6 months of employment of any appointed officer or employee, annual leave shall accrue as provided in paragraph (a), but no annual leave shall be taken during such period.
(f) A provision that no appointed officer or employee shall be paid for accumulated annual leave upon termination of employment unless he has been employed for 6 months or more.
(g) A provision that all elected and appointed officers and employees shall be entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 90 working days.
(h) A provision that the board of county commissioners may by order provide for additional sick and disability leave for long-term employees and for prorated sick and disability leave for part-time employees.
(i) A provision that any appointed officer or employee may be granted a leave of absence without pay.
________
κ1963 Statutes of Nevada, Page 52κ
Assembly Bill No. 154Mr. Pozzi
CHAPTER 51
AN ACT authorizing and directing the division of state lands of the department of conservation and natural resources to convey to the Nevada state prison, without consideration, certain real property owned by the State of Nevada.
[Approved March 13, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The division of state lands of the department of conservation and natural resources is hereby authorized and directed to convey to the Nevada state prison, in fee simple, without consideration therefor, for the development of the prison, that piece or parcel of land under the jurisdiction of such division and consisting of 80 acres of land in the county of Ormsby, State of Nevada, and further described as the NE 1/4 NE 1/4 of Section 21, and the NW 1/4 NW 1/4 of Section 22, Township 15 North, Range 20 East, M.D.B. & M.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 112Committee on Taxation
CHAPTER 52
AN ACT to amend NRS section 361.455, relating to the submission of budgets of political subdivisions to the Nevada tax commission for auditing and approval, by requiring any political subdivision affected by a tax rate adjustment which necessitates a budget revision to file a copy of its revised budget within 20 days after the approval and certification of the rate by the Nevada tax commission.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.455 is hereby amended to read as follows:
361.455 1. Subsequent to the approval of the budgets for the various political subdivisions of the state and their submission to the Nevada tax commission for auditing and approval as required by law, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify such combined rate, broken down as to the budgetary funds, to each of the boards of county commissioners.
2. If the combined rate, together with the state tax rate theretofore approved, shall exceed the constitutional tax rate limit, the Nevada tax commission is authorized and directed to call together the governing boards of the respective political subdivisions concerned, and to hold the governing boards in session until such time as the budgeted requirements have been reduced to such amount as may be produced by a combined tax rate which will not exceed the constitutional limitation.
κ1963 Statutes of Nevada, Page 53 (CHAPTER 52, AB 112)κ
budgeted requirements have been reduced to such amount as may be produced by a combined tax rate which will not exceed the constitutional limitation. After the budgeted requirements have been so reduced, the Nevada tax commission shall proceed as provided in subsection 1 to certify the combined tax rate. If the governing board of any political subdivision shall refuse or neglect to participate in the meeting of all governing boards, the Nevada tax commission is authorized and directed to adjust the budget of the political subdivision as the exigencies of the situation may require.
3. Any political subdivision affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget within 20 days after the approval and certification of the rate by the Nevada tax commission.
4. A copy of the certificate of the Nevada tax commission sent to the board of county commissioners shall be forwarded to the county auditor.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 36Messrs. Giomi, Swanson and Bastian
CHAPTER 53
AN ACT to amend NRS section 361.090, relating to the veterans tax exemption, by limiting such exemption to veterans who are residents and were residents for more than 3 years before December 31, 1963, or who were residents at the time they entered the Armed Forces; imposing other conditions of entitlement; and providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.090 is hereby amended to read as follows:
361.090 1. The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who was such a resident for a period of more than 3 years before December 31, 1963, or who was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 days on active duty, [(unless sooner discharged or retired by reason of service-incurred disability) in the Armed Forces of the United States in time of war, or who has served a minimum of 90 days on active duty (unless sooner discharged or retired by reason of service-incurred disability) in the Armed Forces of the United States after June 1, 1950, and prior to January 31, 1955 (the date of the executive order of the President terminating combatant activities in the campaign against the North Koreans and Chinese Communists in Korea), and upon severance of service has received] who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955, and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, shall be exempt from taxation.
κ1963 Statutes of Nevada, Page 54 (CHAPTER 53, AB 36)κ
was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955, and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, shall be exempt from taxation. [Service in time of war shall mean service in the Armed Forces of the United States during a war declared by Congress.]
2. For the purpose of this section the first $1,000 assessed valuation of property in which such person has any interest shall be deemed the property of such person.
3. The exemption shall be allowed only to a claimant who shall make an affidavit annually, on or before the 1st Monday in August, for the purpose of being exempt on the tax roll, but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.
4. The affidavit shall be made before the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada, [and has been an actual bona fide resident of the State of Nevada and established his residence for a period of more than 3 years immediately preceding the making of the affidavit,] that he or she meets all the other requirements of subsection 1, and that such exemption is claimed in no other county within this state.
5. Persons in actual military service shall be exempt during the period of such service from filing annual affidavits of exemption and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be made in his or her behalf during the period of such service by any person having knowledge of the facts.
6. Before allowing any veterans exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.
7. If any person shall make a false affidavit or produce false proof to the county assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, he or she shall be punished by a fine not exceeding $1,000 or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 55κ
Assembly Bill No. 108Mr. Johnson
CHAPTER 54
AN ACT to amend NRS section 527.090, relating to tagging of trees cut for use as Christmas trees, by allowing the state forester firewarden to charge a fee of not more than 10 cents per tag for tags for trees cut for commercial purposes; and by providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 527.090 is hereby amended to read as follows:
527.090 1. All trees cut for Christmas trees for commercial purposes must have attached thereto a tag issued by the state forester firewarden, by the Bureau of Land Management or by the United States Forest Service.
2. The state forester firewarden may charge a fee of not more than 10 cents per tag to help defray costs to the state for enforcement of the Christmas tree laws. Moneys collected by the state forester firewarden shall be deposited in the appropriate fund of the state forester firewarden.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 109Committee on Agriculture and Irrigation
CHAPTER 55
AN ACT to amend NRS section 552.210, relating to importation of bees, used beehives, honeycombs or appliances, by authorizing the state department of agriculture to transport such items unlawfully entering the state to the owner at his expense, destroy them or offer them for sale; and by providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 552.210 is hereby amended to read as follows:
552.210 1. No person may ship or transport into the State of Nevada any bees, used beehives, honeycombs or appliances, except queens or bees in screened cages without comb, unless he first obtains a special pollination permit issued by the department.
2. The department may issue a special pollination permit for the importation of bees on comb and boxes containing comb into a designated district of this state from another state for a period not to exceed 6 months if the applicant:
(a) Submits an application on forms supplied by the department stating:
κ1963 Statutes of Nevada, Page 56 (CHAPTER 55, AB 109)κ
(1) The number of hives or the number of boxes containing comb, or both, to be moved.
(2) The locality, city or cities (if any), the county, or counties, and the state of origin of the hives or boxes of comb.
(3) The property, locality and county in which the hives or boxes of comb will be placed.
(4) The proposed date of entry into the State of Nevada.
(5) Facts pertaining to the purpose for which the bees and boxes of comb, or both, are to be moved, including evidence establishing the existence of a contract or agreement for pollination service.
(6) In affidavit form, that no drugs of any kind have been fed to the bees for the treatment of American foul brood disease during 6 months prior to application for the permit.
(b) Files with the department, not less than 72 hours in advance of entry, a certificate of a duly authorized officer of the state of origin certifying:
(1) That all bees intended for shipment and owned or controlled by the applicant have been inspected within 30 days of the date of the issuance of the certificate at a time when the bees are actively rearing their brood; and
(2) That 1 percent or less American foul brood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during such time has been destroyed; and
(3) The numbers of hives of bees, nuclei of bees, supers of drawn comb, city and county of origin and date of inspection.
(c) Notifies the department immediately upon arrival in this state, registers apiary locations, and pays the registration fee of 25 cents per hive.
3. Each shipment shall be accompanied by a copy of the permit of entry issued by the department and a copy of the certificate of inspection required by this section.
4. The department may issue a permit for the importation into the State of Nevada of used extractors, honey tanks, honey cans, uncapping equipment, tops, bottoms, empty supers and empty hive bodies, if the applicant submits a certificate from a duly authorized apiary inspector certifying that such equipment has been sterilized by boiling in lye water for not less than 30 minutes, or by any other method officially approved by the department.
5. If any bees, used hives, honeycombs or appliances entering the State of Nevada are found to be diseased at the time of inspection in this state, the shipment shall be quarantined in the same manner as provided in NRS 552.200, and shall be either destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the department finds that the disease can be eradicated by treatment rather than destruction.
6. All honeycombs transported from a point outside the State of Nevada through this state in interstate commerce shall be covered by the person in possession in a manner which will prevent access of bees.
κ1963 Statutes of Nevada, Page 57 (CHAPTER 55, AB 109)κ
7. All bees, used hives, honeycombs or appliances entering the State of Nevada in violation of the provisions of this chapter shall be either destroyed or shipped out of this state at the option and expense of the owner or person in possession [.] , or sold by the department, after notice to such owner or person by the department, If the owner does not comply with the requirements of the notice or cannot be located, the department may either destroy such bees, used hives, honeycombs or appliances at his expense or offer them for sale. The terms of any such sale shall include an agreement by the purchaser to comply with all provisions of this chapter, and the proceeds of any such sale shall be deposited in the apiary inspection fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 114Committee on Taxation
CHAPTER 56
AN ACT to amend chapter 360 of NRS, relating to the Nevada tax commission, by adding new sections authorizing the secretary of the tax commission to open accounts in banks throughout the state for the deposit of sales and use tax receipts and other funds pending their transmittal to the state treasurer; placing limitations on the opening of such accounts and making other statutory provisions applicable thereto; restricting transfers and withdrawals from such accounts; requiring representatives and employees of the Nevada tax commission who collect sales and use taxes and other moneys promptly to deposit them in the nearest or most convenient bank in which the secretary of the tax commission has opened an account; requiring the secretary of the Nevada tax commission to designate personnel in the offices of the general administration of the commission to administer the funds and moneys deposited in accounts opened by the secretary, to make timely transfers or withdrawals from such accounts to the state treasurer, and to maintain in such accounts sufficient funds to assure payment of any checks deposited therein; authorizing the Nevada tax commission and the state board of finance to engage the services of armored cars to transport to the designated banks any funds and moneys collected in the offices of the commission; and providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 360 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. The Nevada tax commission and the state board of finance may authorize the secretary of the tax commission to open accounts in banks, as that term is used in NRS 356.010, in any town or city in the State of Nevada in the name of Nevada tax commission: sales and use tax account, and to deposit in such accounts funds and moneys derived from collections of sales and use taxes, penalties and interest, cash bonds and sales tax permit fees for the purpose of providing a depository for such funds and moneys until any checks which comprise a part thereof are cleared before the funds and moneys are transmitted to the state treasurer as provided in NRS 372.780.
κ1963 Statutes of Nevada, Page 58 (CHAPTER 56, AB 114)κ
thereof are cleared before the funds and moneys are transmitted to the state treasurer as provided in NRS 372.780.
Sec. 3. The accounts shall be opened only in compliance with the terms of NRS 356.010, and the provisions of NRS 356.015 to 356.110, inclusive, are hereby made applicable to the accounts.
Sec. 4. No transfers or withdrawals shall be made from the accounts unless the funds or moneys transferred or withdrawn are made payable to the state treasurer, and all transfers or withdrawals shall bear the signature of the secretary of the Nevada tax commission or his authorized representative and shall be countersigned by the state treasurer.
Sec. 5. Every representative and employee of the Nevada tax commission who collects sales and use taxes or penalties and interest on such taxes, or who obtains cash bonds or permit fees, shall deposit all funds and moneys so collected or obtained in the nearest or most convenient bank in which the secretary of the tax commission has opened an account. All deposits shall be made by the representative or employee on the same day on which he receives the funds and moneys unless he receives them at so late an hour that he is unable to deposit them before the close of the regular hours of business of the bank and the bank has no facilities for night deposits, in which case he shall make the deposit promptly at the beginning of the next day on which the bank is open for business.
Sec. 6. The secretary of the Nevada tax commission shall designate personnel in the offices of the general administration of the tax commission to administer the funds and moneys deposited in any accounts opened by the secretary, to make timely transfers or withdrawals from such accounts to the state treasurer in the manner and subject to the restrictions provided in section 4 of this act, and to maintain in such accounts sufficient funds to assure payment of any checks which may have been deposited therein.
Sec. 7. 1. The Nevada tax commission and the state board of finance may enter into contracts for armored car service or engage such service where necessary in order to transport to the designated banks any funds and moneys collected in the offices of the Nevada tax commission.
2. The authority to enter into such contracts or to engage such services may be delegated to the secretary of the Nevada tax commission.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 59κ
Senate Bill No. 92Senator Dial
CHAPTER 57
AN ACT to amend NRS section 225.140, relating to the fees payable to the secretary of state, by increasing from $2 to $5 the fee for a certificate of filing a label, trade-mark or form of advertisement.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 225.140 is hereby amended to read as follows:
225.140 1. In addition to other fees authorized by law, the secretary of state, for services performed by him in matters relating to his official duties and the records of his office, shall charge and collect the following fees for the use of the state:
For a written copy of any law, joint resolution, transcript of record, or other paper on file or of record in his office, per folio.............................. $0.25
For certifying to any such copy and use of the state seal, for each impression............................................................................................ 5.00
For filing and recording trade-marks and names................................... 25.00
For the delivery of a duly attested certificate of the record of filing any label, trade-mark or form of advertisement, as provided by NRS 600.010...................................................................................................... [2.00] 5.00
For each passport or other document signed by the governor and attested by the secretary of state..................................................................... 10.00
For filing power of attorney...................................................................... 10.00
2. The secretary of state shall charge a reasonable fee for searching records and archives of the state and other records and documents kept in his office.
3. The secretary of state is required to collect the fees specified in this section in all cases, whether the services rendered are to a person, firm, corporation or association, and pay the same into the state treasury for the use and benefit of the general fund.
4. The secretary of state shall neither charge nor collect any filing or other fees:
(a) For services rendered by him to the State of Nevada or any county, city or town thereof, or any officer thereof in his official capacity or respecting his office or official duties.
(b) For attesting extradition papers or executive warrants for other states.
(c) For any other commission or appointment issued or made by the governor, either for the use of the state seal or otherwise.
________
κ1963 Statutes of Nevada, Page 60κ
Senate Bill No. 90Committee on Judiciary
CHAPTER 58
AN ACT to amend NRS sections 16.130 and 175.390, relating to the evidence jurors may take with them upon retiring for deliberation, by permitting the jury to take, with certain exceptions, all items and materials received in evidence.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 16.130 is hereby amended to read as follows:
16.130 Upon retiring for deliberation the jury may take with them all papers, except depositions, and all other items and materials which have been received as evidence in the cause, or copies of any such papers as ought not, in the opinion of the court, to be taken from the person having them in possession; and they may also take with them notes of the testimony, or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.
Sec. 2. NRS 175.390 is hereby amended to read as follows:
175.390 Upon retiring for deliberation, the jury may take with them:
1. All papers [, except depositions which shall have been received as evidence in the case,] and all other items and materials which have been received as evidence in the case, except depositions or copies of such public records or private documents given in evidence as ought not, in the opinion of the court, to be taken from the person having them in possession.
2. The written instructions given, and notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person.
________
Assembly Bill No. 222Messrs. Knisley, Young, Howard and Bastian
CHAPTER 59
AN ACT to amend NRS section 111.200, relating to limitations on terms of leases, by increasing the term of agricultural and grazing leases and deleting an exception relating to oil, gas and hydrocarbon leases; and providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 111.200 is hereby amended to read as follows:
111.200 1. No agricultural or grazing lands within the state shall hereafter be conveyed for agricultural or grazing purposes by lease or otherwise, except in fee and perpetual succession, for a longer period than [10] 25 years.
κ1963 Statutes of Nevada, Page 61 (CHAPTER 59, AB 222)κ
2. No other lands or real property shall be so conveyed for a longer period than 99 years.
3. All leases hereafter made contrary to the provisions of this chapter shall be void as to any periods of time in excess of those enumerated in subsections 1 and 2.
[4. This section shall not be applicable to leases for the exploration for and production of oil, gas and other hydrocarbon substances.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 227Mr. Posin
CHAPTER 60
AN ACT to amend NRS sections 176.300, 200.360, 201.190, and 201.210, relating to suspension of sentence, prerequisites to probation, rape, the infamous crime against nature, and open and gross lewdness, by requiring a psychiatric examination as a prerequisite to probation in some instances of such crimes and to parole in other instances; and by providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 176.300 is hereby amended to read as follows:
176.300 1. Whenever any person has been found guilty in a district court of the State of Nevada of a crime upon verdict or plea, the court, except in cases of murder of first or second degree, kidnaping, robbery [, lewdness] or rape, other than statutory rape, may by its order suspend the execution of the sentence imposed and grant such probation to the convicted person as the judge thereof shall deem advisable. The court may grant probation to a person convicted of the infamous crime against nature or of lewdness only if a certificate of a psychiatrist, as required by NRS 201.190, 201.210 or 201.230, is received by the court.
2. The district judge shall not grant probation until a written report is received by him from the chief parole and probation officer except that when the defendant is a bona fide resident of the county the district judge may grant probation without a written report of the chief parole and probation officer and the district judge shall state the fact of the defendants residence in the transcript forwarded to the chief parole and probation officer. The chief parole and probation officer shall submit a written report not later than 10 days following a request for a probation investigation from the county clerk, and if no report is submitted by the chief parole and probation officer within 10 days the district judge may grant probation without the written report.
κ1963 Statutes of Nevada, Page 62 (CHAPTER 60, AB 227)κ
3. Upon the granting of such probation, the court shall have full power to fix the terms and conditions thereof in the order therefor; but in imposing sentence the court shall have the power to fix the definite term of imprisonment within the minimum and maximum periods fixed by law, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence.
4. In placing any defendant on probation or in granting any defendant a suspended sentence, the court shall direct that he be placed under the supervision of the board and of the chief parole and probation officer.
5. The court shall also, upon the entering of the order of probation or suspension of sentence, as provided for in NRS 176.220 to 176.350, inclusive, direct the clerk of such court to certify a copy of the records in the case and deliver the same to the chief parole and probation officer.
Sec. 2. NRS 200.360 is hereby amended to read as follows:
200.360 1. Rape is the carnal knowledge of a female, forcibly and against her will, and a person duly convicted thereof shall be punished by imprisonment in the state prison for a term of not less than 5 years and which may extend to life; but if such crime be accompanied with acts of extreme violence and great bodily injury inflicted, the person guilty thereof shall be punished by imprisonment in the state prison for a term of not less than 20 years, or he shall suffer death, if the jury by their verdict affix the death penalty.
2. Any person of the age of 16 years or upwards who shall have carnal knowledge of any female child under the age of 18 years, either with or without her consent, shall be adjudged guilty of the crime of rape and punished as before provided.
3. A husband may not be convicted of the rape of his wife unless he is an accomplice or accessory to the rape of his wife by a third person.
4. No person convicted of violating any of the provisions of subsection 1 of this section may, if the victim was a child under the age of 14 years, be paroled unless a board consisting of the superintendent of the Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
Sec. 3. NRS 201.190 is hereby amended to read as follows:
201.190 1. The infamous crime against nature, either with man or beast, shall subject the offender to be punished by imprisonment in the state prison for a term not less than 1 year, and which may extend to life.
2. No person convicted of violating the provisions of subsection 1 of this section may, if the victim was a child under the age of 14 years, be:
(a) Paroled unless a board consisting of the superintendent of the Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
κ1963 Statutes of Nevada, Page 63 (CHAPTER 60, AB 227)κ
Nevada state hospital, the warden of the Nevada state prison and a physician authorized to practice medicine in Nevada who is also a qualified psychiatrist certifies that such person was under observation while confined in the state prison and is not a menace to the health, safety or morals of others.
(b) Released on probation unless a psychiatrist licensed to practice medicine in the state of Nevada certifies that such person is not a menace to the health, safety and morals of others.
Sec. 4. NRS 201.210 is hereby amended to read as follows:
201.210 1. Every person who shall be guilty of open or gross lewdness shall be guilty of a gross misdemeanor.
2. No person convicted of violating the provisions of subsection 1 of this section may be released on probation unless a psychiatrist licensed to practice medicine in the State of Nevada certifies that such person is not a menace to the health, safety or morals of others.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 246Mr. Gray
CHAPTER 61
AN ACT to amend NRS section 361.110, relating to exemption of the property of certain organizations from taxation, by providing that the property of the Camp Fire Girls, Inc. shall be exempt from taxation; and providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 361.110 is hereby amended to read as follows:
361.110 The buildings, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto, of the Nevada Art Gallery, Inc., the Young Mens Christian Association, The Young Womens Christian Association, the American National Red Cross or any of its chapters in the State of Nevada, the Salvation Army Corps, the Girl Scouts of America, the Camp Fire Girls, Inc. and the Boy Scouts of America shall be exempt from taxation; but when any such property is used for purposes other than those of the Nevada Art Gallery, Inc., the Young Mens Christian Association, the Young Womens Christian Association, the American National Red Cross or any of its chapters in the State of Nevada, the Salvation Army Corps, the Girl Scouts of America, the Camp Fire Girls, Inc. or the Boy Scouts of America, and a rent or other valuable consideration is received for its use, the same shall be taxed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 64κ
Assembly Bill No. 103Washoe County Delegation (by request)
CHAPTER 62
AN ACT to amend NRS section 86.130, relating to sale and hypothecation of real property by incorporated religious, charitable, literary or scientific associations, by exempting incorporated religious, charitable, literary or scientific associations or societies from court costs and filing fees in petitioning for approval of sale or hypothecation of real property; and by providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 86.130 is hereby amended to read as follows:
86.130 1. The district court of the county in which any such association or corporation shall have been constituted, on application by petition of the trustees thereof, if they shall deem it proper and beneficial to the association or corporation shall make an order for the sale of any real estate belonging to the association or corporation, and direct the application of the moneys arising from the sale to such uses as the association or corporation, with the approval of the court, shall deem to be for the best interests of the association or corporation.
2. In like manner, the court may make an order authorizing the association or corporation to mortgage, hypothecate or give a deed of trust upon any of its real estate for such purposes as shall appear to be for the interest or benefit thereof.
3. Any order made pursuant to the provisions of this section shall be subject to rehearing and to appeal to the supreme court, as in other civil cases, but a party having the right of appeal may waive the same by filing a waiver in writing, and on filing the same the right to appeal shall no longer exist.
4. All such associations and corporations are exempt from court costs and filing fees in any judicial proceeding instituted pursuant to this section.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 91Senator Dial
CHAPTER 63
AN ACT to amend NRS section 78.040, relating to the period during which a name may be reserved for the use of a proposed corporation, by extending the period during which a name be reserved from 10 to 30 days; and providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.040 is hereby amended to read as follows:
78.040 1. The secretary of state, when requested so to do, shall reserve, for a period of [10] 30 days, the right to use any name available, under subsection 1 of NRS 78.035, for the use of any proposed corporation.
κ1963 Statutes of Nevada, Page 65 (CHAPTER 63, SB 91)κ
reserve, for a period of [10] 30 days, the right to use any name available, under subsection 1 of NRS 78.035, for the use of any proposed corporation. During the period, a name so reserved shall not be available for use by any corporation without the consent of the person or persons, firm or corporation at whose request the reservation was made.
2. The use by any corporation of a name in violation of subsection 1 of NRS 78.035 or subsection 1 of this section may be enjoined, notwithstanding the fact that the certificate or articles of incorporation of the corporation may have been filed by the secretary of state.
Sec. 2. Each period of reservation of a name for a corporation, commencing within 10 days prior to the effective date of this act, is hereby extended to 30 days from the date of reservation.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 55Mr. Swanson
CHAPTER 64
AN ACT to amend NRS sections 501.330 and 503.090, relating to the powers of the state board of fish and game commissioners, by providing that the commissioners may establish a regular season for the hunting of deer by bow and arrow; and by providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 501.330 is hereby amended to read as follows:
501.330 1. For the purposes specified in this Title, the State of Nevada is divided into separate and distinct districts for the protection and preservation of fish and game on the land and in the water.
2. Such enumeration and classification and the specification of the first and last day of the open or of the closed season found in NRS 501.335, 501.345 and 503.090 to 503.130, inclusive, shall not prohibit the commission or the respective county boards from taking any of the following steps by general rules and regulations, or in specific instances, and giving public notice thereof as is elsewhere provided in this chapter:
(a) The creation of districts embracing other or different combinations of counties or parts of counties; but where a district embraces more than one county or parts of more than one county, such district shall only be created upon the unanimous approval of the county boards of each county involved.
(b) The creation of districts embracing contiguous territory located in more than one county irrespective of county boundary lines.
(c) Establishing from time to time the day of the year when an open season shall begin or end in such manner as not to discriminate between residents and nonresidents of this state; but nonresident hunting seasons may be created by the commission by periods, and the fact of such creation shall not be construed as being discriminatory against nonresident hunters, except that no open season shall be longer than the period of time now fixed by law, but may be shorter.
κ1963 Statutes of Nevada, Page 66 (CHAPTER 64, AB 55)κ
between residents and nonresidents of this state; but nonresident hunting seasons may be created by the commission by periods, and the fact of such creation shall not be construed as being discriminatory against nonresident hunters, except that no open season shall be longer than the period of time now fixed by law, but may be shorter. The commission, with the approval of the county board or boards in the county or counties affected, may extend the open season or establish a special season in any 1 year in case of emergency arising from over-population with respect to any species of game, or for proper game management and control.
(d) Establishing from time to time the day of the year when a regular season for the hunting of deer by bow and arrow shall begin and end; but the establishment of such a regular season shall not increase the number of deer that a hunter may kill during both the regular and open seasons over the number he would otherwise be entitled to kill during the open season only.
(e) Regulating fishing for catfish, black bass, carp and other coarse fish, with discretion as to the beginning, ending or period of duration of any open season and otherwise, and as an exception to the existing provisions of law.
[(e)] (f) Exercising such control on state and county levels through regulations of the commission and the respective county boards as may, in the judgment of such bodies, best conserve the fish resources of the state as a whole and of the respective counties and promote the equitable distribution of fish and fishing opportunities among the people of the respective communities of this state.
[(f)] (g) Providing supervision and control throughout this state over all orders closing the open season temporarily or permanently because of emergency imperiling the preservation and conservation of fish, or otherwise, and requiring the approval of all such orders by the commission before they become effective.
Sec. 2. NRS 503.090 is hereby amended to read as follows:
503.090 1. It shall be unlawful to hunt at any time during the year other than during an open or regular season as may be designated for the respective counties by the commission under the provisions of this Title.
2. During such open season of each year it shall be unlawful to kill, catch, trap, wound or pursue with the intent to catch, trap, injure or destroy more than one deer except under rules prescribed by the commission as provided in this Title.
________
κ1963 Statutes of Nevada, Page 67κ
Senate Bill No. 112Senator Whitacre
CHAPTER 65
AN ACT authorizing the state park commission to accept certain land for addition to Fort Churchill Historic State Monument and, in exchange therefor, to transfer, either alone or coupled with a sum of money, certain land owned by the state; to repeal an act entitled An Act authorizing the state park commission to accept certain land for addition to Fort Churchill Historic State Monument and to transfer certain land owned by the state in exchange therefor, approved April 5, 1961; and providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The state park commission is hereby authorized to accept in the name of the State of Nevada from Adeline M. DePaoli, Marco W. DePaoli, Louis J. DePaoli, Ralph A. DePaoli, Harold P. DePaoli and Raymond D. DePaoli title to 15.261 acres of land, more or less, in Lyon County for addition to Fort Churchill Historic State Monument, such land being described as follows:
A piece of land, being that portion of the NE 1/4 of the NE 1/4 of section 3, T. 16 N., R. 24 E., M.D.B. & M., lying south of the north boundary of section 3, east of the Southern Pacific Railroad and northerly of the approximate centerline of the Carson River, in Lyon County, Nevada, more particularly described as follows:
Beginning at the section corner common to sections 2 and 3, T. 16 N., R. 24 E., and sections 34 and 35, T. 17 N., R. 24 E., such corner being located in the Carson River; running thence along the north boundary of the NE 1/4 of the NE 1/4 of section 3, S. 89°59′27″ W., 1,113.61 feet to the centerline of the Southern Pacific Railroad track; thence along the Railroad S. 36°21′ W., 955.00 feet to the centerline of the Carson River; thence following the approximate centerline of the Carson River S. 89°13′ E., 161.00 feet; thence N. 70°25′ E., 247.00 feet; thence N. 27°24′ E., 127.00 feet; thence S. 86°37′ E., 591.00 feet; thence N. 62°55′ E., 387.50 feet; thence N. 12°36′ W., 225.00 feet; thence N. 57°46′3″ E., 403.22 feet, to the point of beginning; subject to the Southern Pacific Company easement.
Sec. 2. In exchange for the land described in section 1 of this act, the state park commission is hereby authorized to convey to Adeline M. DePaoli, Marco W. DePaoli, Louis J. DePaoli, Ralph A. DePaoli, Harold P. DePaoli and Raymond D. DePaoli all of the states right, title and interest in and to all or any part or parts of the lands described in section 3 of this act, or all or any part or parts of such lands plus such sum of money as may be agreed upon by the state park commission and Adeline M. DePaoli, Marco W. DePaoli, Louis J. DePaoli, Ralph A. DePaoli, Harold P. DePaoli and Raymond D. DePaoli, if such sum of money is available to the state park commission.
κ1963 Statutes of Nevada, Page 68 (CHAPTER 65, SB 112)κ
Sec. 3. The lands referred to in section 2 of this act are described as follows:
1. A piece of land containing 15.354 acres, more or less, being that portion of the S 1/2 of the SE 1/4 of section 34, T. 17 N., R. 24 E., M.D.B. & M., lying south of the centerline of the canal and west of the Southern Pacific Railroad, in Lyon County, Nevada, more particularly described as follows:
Beginning at the one-quarter corner common to section 34 and section 3 on the boundary common to T. 17 N., R. 24 E., and T. 16 N., R. 24 E.; thence running N. 0°07′5ʺ W., 908.00 feet to the center of the canal; thence following the approximate centerline of the canal, S. 45°05′20ʺ E., 328.38 feet; thence S. 62°40′50ʺ E., 724.40 feet; thence S. 71°47′50ʺ E., 769.25 feet to the centerline of the Southern Pacific Railroad; thence following the Railroad S. 42°55′ W., 139.86 feet; thence along the south boundary of section 34, S. 89°59′27ʺ W., 1,509.41 feet to the point of beginning; subject to the easement of the Southern Pacific Company; and
2. A piece of land, containing 3.828 acres, more or less, being that portion of the NW 1/4 of the SW 1/4 of section 35, T. 17 N., R. 24 E., M.D.B. & M., which lies south and east of the southeasterly right-of-way line of the Southern Pacific Railroad, at Fort Churchill, in Lyon County, Nevada; more particularly described as follows:
Beginning at the southeast corner of the NW 1/4 of the SW 1/4 of section 35, thence running N. 0°02′45ʺ W., 485.50 feet to the southeasterly right-of-way line of the Southern Pacific Railroad; thence following the above right-of-way line S. 54°41′18ʺ W., 841.22 feet; thence N. 89°56′16ʺ E., 686.85 feet to the point of beginning.
Sec. 4. Chapter 259, Statutes of Nevada 1961, at page 418, is hereby repealed.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 203Committee on Roads, Transportation and Aviation
CHAPTER 66
AN ACT to amend NRS section 482.322, relating to investigation of applicants for motor vehicle manufacturer and dealer licenses, by providing that no person may engage in the business of a motor vehicle manufacturer or dealer unless licensed by the department of motor vehicles; and by providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.322 is hereby amended to read as follows:
482.322 1. No person may engage in the business of a dealer or manufacturer in this state, or be entitled to any other license or permit required by this chapter, until he has been issued a dealers license by the department.
κ1963 Statutes of Nevada, Page 69 (CHAPTER 66, AB 203)κ
manufacturer in this state, or be entitled to any other license or permit required by this chapter, until he has been issued a dealers license by the department.
2. The department shall require the Nevada highway patrol to investigate [the applicant] any applicant for a dealers license and complete an investigation report on a form provided by the department.
________
Assembly Bill No. 199Committee on Roads, Transportation and Aviation
CHAPTER 67
AN ACT to repeal NRS section 482.185, relating to the motor vehicle refund revolving fund; and transferring moneys in such fund to the motor vehicle fund.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.185 is hereby repealed.
Sec. 2. On the effective date of this act the sum of $397.25 shall be transferred from the motor vehicle refund revolving fund to the motor vehicle fund.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 201Committee on Roads, Transportation and Aviation
CHAPTER 68
AN ACT to amend NRS section 482.215, relating to applications for registration of motor vehicles, by allowing exceptions to the requirement that applications for original registration of motor vehicles be made in person.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.215 is hereby amended to read as follows:
482.215 1. All applications for registration, except applications for renewal registration, shall be made as provided in this section.
2. Applications for all registrations, except renewal registrations, shall be made in person, wherever possible, to the office or agent of the department in the county in which the applicant resides.
3. Each application shall be made upon the appropriate form furnished by the department and shall contain:
(a) The signature of the owner.
(b) His residence address.
κ1963 Statutes of Nevada, Page 70 (CHAPTER 68, AB 201)κ
(c) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this state for the make to be registered to the person first purchasing or operating such vehicle.
4. The application shall contain such other information as may be required by the department, and shall be accompanied by proof of ownership satisfactory to the department.
________
Assembly Bill No. 232Washoe County Delegation (by request)
CHAPTER 69
AN ACT to amend NRS sections 78.030 and 78.055, relating to articles of incorporation of private corporations, by allowing county clerks to microfilm rather than file copies of such articles; and by providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 78.030 is hereby amended to read as follows:
78.030 1. Any number of persons, not less than three, may associate to establish a corporation for the transaction of any lawful business, or to promote or conduct any legitimate object or purpose, under and subject to the requirements of this chapter, by:
(a) Executing, acknowledging and filing in the office of the secretary of state articles of incorporation, or a certificate of incorporation; and
(b) Filing a copy thereof, certified under the hand and official seal of the secretary of state, in the office of the clerk of the county in which the principal place of business of the company is intended to be located. The county clerk may microfilm such copy for filing in his records rather than filing the copy.
2. The articles of incorporation, or certificate of incorporation, shall be as provided in NRS 78.035, and the secretary of state shall require the same to be in the form so prescribed. If any articles or certificates shall be defective in such respect, the secretary of state shall return the same for correction.
Sec. 2. NRS 78.055 is hereby amended to read as follows:
78.055 A copy of any certificate of incorporation or articles of incorporation filed in pursuance of this chapter, and certified by the secretary of state under his official seal, or a copy of the copy thereof, filed with the county clerk, or microfilmed by the county clerk, under the county seal, certified by the clerk, shall be received in all courts and places as prima facie evidence of the facts therein stated, and of the existence and due incorporation of the corporation therein named.
κ1963 Statutes of Nevada, Page 71 (CHAPTER 69, AB 232)κ
filed with the county clerk, or microfilmed by the county clerk, under the county seal, certified by the clerk, shall be received in all courts and places as prima facie evidence of the facts therein stated, and of the existence and due incorporation of the corporation therein named.
________
Assembly Bill No. 267Messrs. Knisley, Bastian and Glaser
CHAPTER 70
AN ACT to amend NRS section 532.090, relating to appointment of a staff by the state engineer, by providing that snow survey employees shall be exempt from the provisions of the state personnel act; and by providing other matters properly relating thereto.
[Approved March 14, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 532.090 is hereby amended to read as follows:
532.090 1. Subject to the provisions of chapter 284 of NRS, the state engineer may, with the consent of the director of the state department of conservation and natural resources, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the division may require.
2. Snow survey personnel appointed for the purposes of NRS 532.170 shall be exempt from the provisions of chapter 284 of NRS.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 93Senator Parks
CHAPTER 71
AN ACT authorizing the board of county commissioners of Mineral County, Nevada, upon the recommendation of the board of hospital trustees of the Mt. Grant General Hospital, to sell the old hospital building and site; providing for the disposition of the net proceeds of such sale; and providing others matters properly relating thereto.
[Approved March 14, 1963]
Whereas, The board of hospital trustees of the Mt. Grant General Hospital, a public hospital, in Mineral County, Nevada, has undertaken the construction of a new hospital which is scheduled to be built in 1963, and which new hospital will be a 25-bed acute nursing facility with no provisions now being made for the care of long-term indigent nursing patients; and
κ1963 Statutes of Nevada, Page 72 (CHAPTER 71, SB 93)κ
Whereas, The board of hospital trustees of the Mt. Grant General Hospital desires to add a nursing home facility to the new hospital at the earliest possible date; and
Whereas, No additional funds are or will be available for the construction of the proposed nursing home facility; and
Whereas, Upon the completion and operation of the new hospital the existing old hospital and site will be of no further use and could be sold, the net proceeds of such sale being then expended for the construction of the proposed nursing home facility; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of any other law, when construction of the new Mt. Grant General Hospital in Mineral County, Nevada, is completed and the hospital is in operation, the board of hospital trustees of the Mt. Grant General Hospital may, by resolution regularly adopted, recommend to the board of county commissioners of Mineral County, Nevada, that the old hospital and its site be sold. Upon receipt of such resolution from the board of hospital trustees the board of county commissioners may cause the old hospital and its site to be sold. The value of the real property and the improvements constituting the old hospital shall be determined by an appraisal made by three appraisers selected in the following manner. The board of county commissioners shall select one appraiser. The board of hospital trustees shall select one appraiser. The two appraisers so selected shall select a third appraiser. The costs of such appraisal shall be paid from the proceeds of the sale. Notice of intention to sell the real property and the improvements shall be given by publication in a newspaper of general circulation published in Mineral County, Nevada, once a week for 3 successive weeks. Any such sale shall be made to the highest responsible bidder at public auction at not less than 75 percent of the appraised value. All expenses of any such sale shall be paid from the proceeds of the sale. The net proceeds received from any such sale shall be deposited in the county treasury in a continuing construction fund to be used only for the purpose of constructing a long-term indigent nursing home facility as a part of the new Mt. Grant General Hospital in Mineral County, Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 73κ
Senate Bill No. 175Senator Berrum
CHAPTER 72
AN ACT to amend an act entitled An Act fixing the salaries and compensation of certain officers of Douglas county, Nevada, providing for the appointment and salaries of deputy sheriffs and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith, approved March 21, 1953, as amended.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 211, Statutes of Nevada 1961, at page 355, is hereby amended to read as follows:
Section 1. The following-named officers of Douglas County, Nevada, shall receive, in full payment for all services rendered by them, the following salaries:
The sheriff shall receive the sum of [$6,600] $7,800 per annum, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county. [Said] The sheriff may, with the consent and approval of the board of county commissioners, appoint [two undersheriffs at not to exceed $450 per month, two deputy sheriffs at not to exceed $425 per month, and one or more deputy sheriffs at not to exceed $400 per month. Each undersheriff and deputy sheriff] one undersheriff at a salary of not to exceed $550 per month, one lieutenant at a salary of not to exceed $525 per month and one or more deputy sheriffs at a salary of not to exceed $500 per month. The undersheriff, the lieutenant and deputy sheriffs shall receive mileage, as may be fixed by the board of county commissioners. [Said] Such salaries shall be in full payment for all services performed by [said] the sheriff and deputies.
Sec. 2. Section 2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 211, Statutes of Nevada 1961, at page 355, is hereby amended to read as follows:
Section 2. The assessor shall receive the sum of [$6,600] $7,800 per annum. The assessor may [appoint one deputy assessor who shall receive the sum of $4,800 per annum. Said salaries] employ one deputy appraiser at a wage of not to exceed $3 per hour. Such salary and wages shall be in full payment for all services now required by law to be performed by the assessor [and deputy assessor, and for] and deputy appraiser. For all traveling and mileage expenses [of] incurred by such officers in the discharge of their official duties within the county, such officers shall be reimbursed at the rate of 10 cents per mile.
Sec. 3. Section 3 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 211, Statutes of Nevada 1961, at page 355, is hereby amended to read as follows:
Section 3. The county clerk and county treasurer shall receive the sum of [$6,600] $7,800 per annum. [Said] Such salary shall be in full payment for all services now required by law to be performed by the county clerk and county treasurer, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
κ1963 Statutes of Nevada, Page 74 (CHAPTER 72, SB 175)κ
payment for all services now required by law to be performed by the county clerk and county treasurer, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 4. Section 4 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 211, Statutes of Nevada 1961, at page 356, is hereby amended to read as follows:
Section 4. The county recorder and county auditor shall receive the sum of [$6,600] $7,800 per annum. [Said] Such salary shall be in full payment for all services now required by law to be performed by the county recorder and county auditor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 5. Section 7 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 211, Statutes of Nevada 1961, at page 356, is hereby amended to read as follows:
Section 7. The county commissioners of Douglas County shall receive the sum of [$2,400] $3,000 per annum each, payable monthly in 12 equal payments, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of their official duties in the county.
Sec. 6. Section 8.2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as added by chapter 211, Statutes of Nevada 1961, at page 356, is hereby amended to read as follows:
Section 8.2. Clerical employees of Douglas County elective officers shall each receive a salary not to exceed [$380] $450 per month.
Sec. 7. This act shall become effective July 1, 1963.
________
Assembly Bill No. 258Messrs. Bastian and Knisley
CHAPTER 73
AN ACT to amend NRS section 403.430, relating to the procedure for opening, changing or vacating county roads, by providing that the board of county commissioners may, rather than shall, locate, open to public use, reestablish, change or vacate a road, highway, street or alley upon receipt of a petition therefor.
[Approved March 19, 1963]
Whereas, As the result of an error in the office of the statute revision commission during preparation of the Nevada Revised Statutes in bill form for introduction at the 1957 session of the legislature, the word shall was substituted for the word may in line 2 of subsection 2 of NRS 403.430; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 403.430 is hereby amended to read as follows:
403.430 1. If 24 freeholders of any county shall petition the board of county commissioners for the location, opening to public use, reestablishment, change or vacation of any road or highway to connect with any highway heretofore established, or any street or alley in any unincorporated town in such county, setting forth in the petition the beginning, course and termination of such road, highway, street or alley proposed to be located, opened to public use, reestablished, changed or vacated, together with the names of the owners or occupants of the land through which the same may pass, the county clerk shall lay such petition before the board of county commissioners at its next session thereafter.
κ1963 Statutes of Nevada, Page 75 (CHAPTER 73, AB 258)κ
of county commissioners for the location, opening to public use, reestablishment, change or vacation of any road or highway to connect with any highway heretofore established, or any street or alley in any unincorporated town in such county, setting forth in the petition the beginning, course and termination of such road, highway, street or alley proposed to be located, opened to public use, reestablished, changed or vacated, together with the names of the owners or occupants of the land through which the same may pass, the county clerk shall lay such petition before the board of county commissioners at its next session thereafter.
2. Within 20 days thereafter, the board of county commissioners [shall] may proceed to locate, open to public use, reestablish, change or vacate such road, highway, street or alley.
3. The width of all public highways laid out or opened under the provisions of this section shall be regulated and established by the board of county commissioners, but no such highways shall exceed 80 feet in width.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 67Mr. Petrini
CHAPTER 74
AN ACT to amend chapter 269 of NRS, relating to unincorporated towns, by adding new sections authorizing the revision and codification of general town ordinances; providing for the adoption of a town code, its amendment, extension and judicial notice thereof; and providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 269 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. 1. In addition to the powers and jurisdiction conferred by other laws, the boards of county commissioners of the counties of this state shall have the power to provide for the revision and codification, including such restatements and substantive changes as are necessary for clarity and consistency, of all general ordinances of any unincorporated town within the county, and may provide for the indexing and publication of such ordinances in the form of a town code.
2. The ordinances in each town code shall be arranged in appropriate chapters and sections, excluding the titles, enacting clauses, signatures, attestations and other formal parts.
3. Copies of the town code and any supplements thereto may be reproduced in printed or typewritten book, pamphlet or looseleaf form, or such other form as the board of county commissioners may determine, and may be sold at a price fixed by resolution of such board.
κ1963 Statutes of Nevada, Page 76 (CHAPTER 74, AB 67)κ
board. All proceeds from such sales shall be deposited in the general fund of the town.
4. The board of county commissioners may employ or contract for the services of professional personnel in preparation of the town code.
Sec. 3. 1. The town code shall be adopted by an ordinance. The only title necessary for such ordinance shall be An Ordinance enacting a revision and codification of the general ordinances of the town of .........................................................
2. The proposed town code may be adopted by reference and need not be read aloud to the board of county commissioners if the board:
(a) Files three or more copies of the proposed code with the county clerk at least 1 week before final adoption of the ordinance.
(b) Publishes a notice of such filing in a newspaper having general circulation in the county at least 1 week before final adoption of the ordinance stating that copies of the proposed code may be examined by the general public at the office of the county clerk.
3. The ordinance adopting the town code shall be published by title only once a week for a period of 2 weeks in a newspaper having general circulation in the county, and shall state that copies of the code may be examined by the general public at the office of the county clerk.
4. The ordinance adopting the town code shall take effect after:
(a) At least 25 copies of the code have been reproduced.
(b) At least three copies of the code have been filed with the county clerk.
(c) The newspaper publication required by subsection 3 has been completed.
Sec. 4. Two copies of the town code shall be filed with the librarian of the Nevada state library after such code becomes effective, and thereafter in all civil actions and in all prosecutions for the violation of any of the provisions of such town code, whether in a court of original jurisdiction or in any appellate court, it shall not be necessary to plead or prove the contents of the code, but the court shall take judicial notice of the contents of such code.
Sec. 5. The town code may, by ordinance regularly passed, adopted and published, be amended or extended. All general ordinances passed after the adoption of a town code shall be amendments or extensions thereof. No section of the code shall be amended be reference only, but the section, as amended, shall be reenacted and published at length. Three copies of any amendment or extension shall be filed with the county clerk and two copies of any amendment or extension shall be filed with the librarian of the Nevada state library.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 77κ
Assembly Bill No. 159Committee on Social Welfare (by request)
CHAPTER 75
AN ACT to amend NRS section 427.160, relating to the procedure for drawing and paying old-age assistance warrants, by eliminating a requirement that the welfare director furnish the governor with a list of persons who receive assistance and the amount paid to each; and providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 427.160 is hereby amended to read as follows:
427.160 1. The state welfare director shall furnish to [the governor,] the state controller and the state treasurer a full, true and correct list of recipients in this state entitled to such assistance, and of the monthly amount to be paid to each of them from federal and state funds. The list shall be certified by the state welfare director as being a full, true and correct list of such recipients and the amount to which each of them is entitled under this chapter. The list shall be subject to revision by the state welfare director to make it conform to such changes as may be made pursuant to the terms of this chapter.
2. Upon receiving the certified list, the state controller shall promptly draw his warrant upon the fund payable to each such recipient in the amount to which he is entitled, upon and pursuant to the certified list, and the state treasurer shall pay the same. Every such warrant shall be for the total amount of federal and state funds to which each recipient is entitled under the provisions of this chapter.
3. Immediately after the warrants have been drawn in the manner provided by law, the state controller shall mail all such warrants to the state welfare department and the state welfare department shall mail the warrants to the recipients entitled thereto as determined by the state welfare department.
4. Insofar as that portion of the moneys so deposited to pay on the expenses of the administration of this chapter and of the Social Security Act and in the distribution of such old-age assistance is concerned, it shall be disbursed in the same manner as provided for in this section, except that the claims therefor shall be made and filed directly by the claimants entitled thereto and paid directly to them, upon the written approval of such claims by the state welfare director and the audit and allowance thereof as required by the laws of this state.
5. All officers mentioned in this section and concerned with the handling of federal funds are authorized to do and perform all acts and things necessary to accomplish the purposes of this section.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 78κ
Assembly Bill No. 235Committee on Education
CHAPTER 76
AN ACT to amend NRS section 396.540, relating to tuition at the University of Nevada and at Nevada Southern, by defining bona fide resident and tuition charge as applied to students at the state university; providing free tuition for public school teachers employed full time by school districts in this state and for full-time teachers in private schools; and providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 396.540 is hereby amended to read as follows:
396.540 1. For the purposes of this section:
(a) Bona fide resident shall be construed in accordance with the provisions of NRS 10.020. The qualification bona fide is intended to assure that the residence is genuine and established for purposes other than the avoidance of tuition.
(b) Tuition charge means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.
2. The board of regents of the University of Nevada may fix a tuition charge for students at the university and at Nevada Southern, but tuition shall be free to:
(a) All students whose families are bona fide residents of the State of Nevada; and
(b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 6 months prior to their matriculation at the university [.
2.] ; and
(c) All public school teachers who are employed full time by school districts in the State of Nevada; and
(d) All full-time teachers in private schools in the State of Nevada whose curricula meet the requirements of NRS 394.130.
3. In its discretion, the board of regents may grant tuitions free each university semester to worthwhile and deserving students from other states and foreign countries, in number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 79κ
Assembly Bill No. 271Committee on Education
CHAPTER 77
AN ACT to amend NRS section 387.090, relating to the powers of school trustees concerning school lunch programs, by authorizing school trustees to deposit school lunch funds in bank accounts; and providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.090 is hereby amended to read as follows:
387.090 Boards of trustees of school districts are authorized:
1. To operate or provide for the operation of school lunch programs in the public schools under their jurisdiction.
2. To use therefor funds disbursed to them under the provisions of NRS 387.070 to 387.115, inclusive, gifts, donations and other funds received from the sale of school lunches under such programs.
3. To deposit such funds in one or more accounts in a bank or banks within the state.
4. To contract with respect to food, services, supplies, equipment and facilities for the operation of such programs.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 347Nye County Delegation
CHAPTER 78
AN ACT authorizing and directing the conveyance, without consideration, of certain real property located in Nye County from the board of trustees of the Nye County school district to the board of county commissioners of Nye County.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of trustees of the Nye County school district is hereby authorized and directed to convey, without consideration, to the board of county commissioners of Nye County, on behalf of Nye County, in fee simple, that property in the county of Nye, State of Nevada, together with all improvements thereon and rights appurtenant thereto, which property is more fully described as follows:
All that parcel or piece of land that is located on the corner of Prospect Street and Bryan Avenue in the Town of Tonopah, County of Nye, State of Nevada. It comprises lots one through nine (1 through 9) Block Fourteen (14) and lots two through seven (2 through 7) in Block Thirteen.
κ1963 Statutes of Nevada, Page 80 (CHAPTER 78, AB 347)κ
seven (2 through 7) in Block Thirteen. Fourteen of these lots are 30 feet by 100 feet and one lot is 50 feet by 102 feet (30 feet rear-wedge shape). Together with one abandoned school building comprising a main section with a north and south wing.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 358Mr. Howard
CHAPTER 79
AN ACT to amend an act entitled An Act fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing a certain act; and providing other matters properly relating thereto, approved March 12, 1960, as amended.
[Approved March 19, 1963]
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 144, Statutes of Nevada 1960, at page 221, is hereby amended to read as follows:
Section 2. The district attorney of Humboldt County shall receive an annual salary of [$6,000] $6,600 for all his services as such officer. The district attorney shall be allowed only his actual traveling expenses, while attending to official business of the county or state. No claim for expenses, any part of which pertains to any private matter or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Humboldt County or any governmental agency. He may employ a stenographer, whose annual compensation shall not exceed [$1,980] $2,178 to be paid in like manner as other county officers are paid.
Sec. 2. Section 3 of the above-entitled act, being chapter 144, Statutes of Nevada 1960, at page 221, is hereby amended to read as follows:
Section 3. The sheriff of Humboldt County shall receive an annual salary of [$6,000.] $6,600. He shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for any and all telegraphic and telephone calls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid, which shall be certified under oath, and the board of county commissioners shall audit and allow the claims in the same manner as other county expenses are audited and allowed.
κ1963 Statutes of Nevada, Page 81 (CHAPTER 79, AB 358)κ
other county expenses are audited and allowed. The sheriff of Humboldt County is hereby authorized and empowered to employ one undersheriff, who shall receive an annual salary not to exceed [$5,280.] $5,808. The sheriff may appoint one or more special deputies in the event of an emergency at the rate of pay set forth in section 9 of this act.
Sec. 3. Section 4 of the above-entitled act, being chapter 144, Statutes of Nevada 1960, at page 221, is hereby amended to read as follows:
Section 4. The county clerk of Humboldt County and ex officio clerk of the district court of the Sixth Judicial District of the State of Nevada, in and for the county of Humboldt, shall receive an annual salary of [$6,000.] $6,600. The county clerk may employ a deputy at a salary not less than $3,660, and not to exceed [$3,960] $4,386 per year unless such deputy is also designated ex officio election clerk, in which event such deputy may receive an additional salary not to exceed $300 per year. The county clerk shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature. If additional office help is required in connection with the county clerks duties as ex officio clerk of the Humboldt County board of commissioners, the rate of pay will be as set forth in section 9 of this act.
Sec. 4. Section 5 of the above-entitled act, being chapter 144, Statutes of Nevada 1960, at page 221, is hereby amended to read as follows:
Section 5. The county recorder of Humboldt County and ex officio auditor shall receive an annual salary of [$6,000] $6,600 as compensation for all his services as such officer. He may employ one deputy at a salary of not less than $3,660 and not to exceed [$3,960] $4,686 per year, and may employ such additional office clerks as may be found necessary at salaries as set forth in section 9 of this act. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 5. Section 6 of the above-entitled act, being chapter 144, Statutes of Nevada 1960, at page 222, is hereby amended to read as follows:
Section 6. The county assessor of Humboldt County shall receive as annual salary of [$6,000,] $6,600, together with the additional sum of [$750] $825 per year for travel expenses and mileage, which sums shall be paid to him in 12 equal monthly installments. The county assessor may appoint one chief deputy assessor at a salary not to exceed [$5,280] $5,808 per year, and may employ necessary office clerks at salaries set forth in section 9 of this act. He shall pay into the county treasury each month all moneys collected by him as fees without deduction of any nature.
Sec. 6. Section 7 of the above-entitled act, being chapter 144, Statutes of Nevada 1960, at page 222, is hereby amended to read as follows:
Section 7. The county treasurer and ex officio tax receiver of Humboldt County shall receive an annual salary of [$6,000,] $6,600, which shall be in full compensation for all services rendered by the county treasurer.
κ1963 Statutes of Nevada, Page 82 (CHAPTER 79, AB 358)κ
Humboldt County shall receive an annual salary of [$6,000,] $6,600, which shall be in full compensation for all services rendered by the county treasurer. The county treasurer may employ a deputy at a salary of not less than $3,660 and not to exceed [$3,960] $4,686 annually. The county treasurer shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
Sec. 7. Section 8 of the above-entitled act, being chapter 144, Statutes of Nevada 1960, at page 222, is hereby amended to read as follows:
Section 8. The county commissioners of Humboldt County shall each receive an annual salary of [$2,400,] $2,640, which shall be in full compensation for all services whatsoever required of the commissioners, and shall receive not to exceed 10 cents per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners or the necessary inspection of roads. No mileage allowance shall be made to any commissioner residing at the county seat. It is further provided that the county commissioners shall receive 10 cents per mile for use of private automobiles used on county business. Claims for this mileage must be approved by the board of county commissioners.
Sec. 8. Section 9 of the above-entitled act, being chapter 144, Statutes of Nevada 1960, as amended by Statutes of Nevada 1961, at page 283, is hereby amended to read as follows:
Section 9. The office clerks employed by the county recorder, county clerk, county treasurer and county assessor of Humboldt County shall receive a salary of not less than $8 per day, but not to exceed [$15] $16.50 per day, such rate of pay to be based on experience and ability of the person so employed. Such rate of pay shall also apply to special deputies for the Humboldt County sheriffs office.
Sec. 9. This act shall become effective April 1, 1963.
________
Senate Bill No. 22Committee on Public Health
CHAPTER 80
AN ACT to amend NRS section 631.170, relating to the examination of applicants by the board of dental examiners of Nevada, by providing that such examinations shall be given at least twice a year and authorizing the board to conduct examinations outside the state.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 631.170 is hereby amended to read as follows:
631.170 1. [June and December meetings. The board shall meet in the State of Nevada for the purpose of examining applicants during the month of June of each year and also during the first week of December of each year, provided at least three candidates have filed on or before November 1 applications for examination at the December meeting.]
κ1963 Statutes of Nevada, Page 83 (CHAPTER 80, SB 22)κ
the State of Nevada for the purpose of examining applicants during the month of June of each year and also during the first week of December of each year, provided at least three candidates have filed on or before November 1 applications for examination at the December meeting.] Examination meetings. The board shall meet at least twice a year for the purpose of examining applicants. The dates of the examinations shall be fixed by the board. The board may conduct examinations outside of the State of Nevada, and for this purpose may use the facilities of dental colleges, but all examinations shall be conducted by board members.
2. Other meetings. The board shall also meet at such other times and places and for such other purposes as it may deem proper.
3. Quorum. Three members of the board shall constitute a quorum.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 160Committee on Judiciary
CHAPTER 81
AN ACT to amend NRS sections 634.030 and 634.040, relating to the Nevada state board of chiropractic examiners, by providing for the election of a vice president and a secretary-treasurer; by changing the dates for regular meetings to the 2nd Monday of September and the 2nd Monday of December of each year; and by providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 634.030 is hereby amended to read as follows:
634.030 The board shall elect a president, [a secretary, and a treasurer,] vice president and a secretary-treasurer, and shall adopt reasonable rules and regulations for the transaction of business.
Sec. 2. NRS 634.040 is hereby amended to read as follows:
634.040 1. The board shall hold regular meetings to transact business, commencing on [September 15 and] the 2nd Monday of September and the 2nd Monday of December [15] of each year. If [September 15 or December 15] either of such days is a holiday, then the meeting shall be held on the next preceding day.
2. Special meetings may be called by the president, or by any three members, upon 30 days written notice.
3. All meetings shall be held in the State of Nevada at a place designated by the president and the secretary.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 84κ
Senate Bill No. 58Senators Lamb, Slattery, Lemaire and Frank
CHAPTER 82
AN ACT to amend chapter 617 of NRS, relating to occupational diseases, by adding a new section providing supplemental compensation for persons suffering from silicosis who have received the maximum sum payable under NRS section 617.460; to amend NRS section 617.460, relating to silicosis as an occupational disease, by making a technical amendment to conform with added supplemental compensation; and providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 617.460 is hereby amended to read as follows:
617.460 1. Silicosis shall be considered an occupational disease and shall be compensable as such when contracted by an employee and when arising out of and in the course of the employment.
2. Claims for compensation on account of silicosis shall be forever barred unless application shall have been made to the commission within 1 year after total disability or within 6 months after death.
3. Nothing in this chapter shall entitle an employee or his dependents to compensation, medical, hospital and nursing expenses or payment of funeral expenses for disability or death due to silicosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration and nature of previous employment in answer to an inquiry made by the employer.
4. No compensation shall be paid in case of silicosis unless, during the 10 years immediately preceding the disablement or death, the injured employee shall have been exposed to harmful quantities of silicon dioxide dust for a total period of not less than 4 years in employment in Nevada, some portion of which shall have been after July 1, 1947.
5. Compensation, medical, hospital and nursing expenses on account of silicosis shall be payable only in the event of temporary total disability, permanent total disability, or death, in accordance with the provisions of chapter 616 of NRS, and only in the event of such disability or death resulting within 2 years after the last injurious exposure; provided, that:
(a) In the event of death following continuous total disability commencing within 2 years after the last injurious exposure, the requirement of death within 2 years after the last injurious exposure shall not apply.
(b) [The] Except as provided in section 2 of this amendatory act, the maximum sum payable, including compensation, medical, nursing and hospital benefits for death or disability due to silicosis shall not exceed $14,250. Compensation shall be payable in sums provided by chapter 616 of NRS. The sum payable to a claimant may be used for any or all of the following items: Compensation, hospital, medical or nursing benefits; except that the amount payable for hospital, medical or nursing benefits shall not exceed $50 per month.
κ1963 Statutes of Nevada, Page 85 (CHAPTER 82, SB 58)κ
The commission shall not allow the conversion of the compensation benefits provided for in this section into a lump sum payment notwithstanding the provisions of NRS 616.620. Payment of benefits and compensation shall be limited to the claimant and his dependents.
Sec. 2. Chapter 617 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any claimant or his dependents who have received the maximum sum payable pursuant to NRS 617.460 prior to the effective date of this act or who will receive such maximum sum payable after the effective date of this act and prior to July 1, 1965, shall be entitled to receive supplemental compensation in an amount not to exceed $3,000 during the period between the effective date of this act and July 1, 1965.
2. Such supplemental compensation shall be payable to a claimant or his dependents in sums provided by chapter 616 of NRS.
3. In paying the supplemental compensation authorized by this section, the commission may, in addition to any moneys required from the occupational diseases fund and the medical benefits fund, expend:
(a) All moneys which represent the total remainder of amounts of maximum sums payable under paragraph (b) of subsection 5 of NRS 617.460 which were not paid between July 1, 1961, and the effective date of this act, because claimants thereof died or their dependents became disqualified to receive further benefits prior to receipt of the maximum sums payable; and
(b) All moneys which represent the total remainder of amounts of supplemental compensation payable under this section which were not paid between the effective date of this act and July 1, 1965, because the claimants thereof died or their dependents became disqualified to receive further supplemental benefits prior to receipt of the maximum supplemental compensation authorized by this section.
4. No supplemental compensation shall be paid after July 1, 1965.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 16Senators Lamb, Slattery, Lemaire and Frank
CHAPTER 83
AN ACT to amend NRS section 443.155, relating to benefits for persons suffering from silicosis, conditions for entitlement, applications for benefits and required physical examinations, by extending the date for filing applications for benefits.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 443.155 is hereby amended to read as follows:
443.155 1. Every person found by the board to be suffering from silicosis shall be entitled to the benefits provided for in NRS 443.145 to 443.165, inclusive, if he:
κ1963 Statutes of Nevada, Page 86 (CHAPTER 83, SB 16)κ
silicosis shall be entitled to the benefits provided for in NRS 443.145 to 443.165, inclusive, if he:
(a) Is not eligible for compensation under the provisions of NRS 617.460.
(b) Applied, before January 1, 1961, for compensation under the provisions of NRS 617.480, or under section 1 of chapter 433, Statutes of Nevada 1955, and qualified for such compensation or was denied such compensation for any reason.
(c) Is not infected with active tuberculosis.
(d) Files with the board, before [August 1, 1961,] January 1, 1964, an application for benefits accompanied by a written statement subscribed and sworn to or affirmed before a notary public or other person authorized to administer oaths declaring that he is unable to pay for his own care and maintenance.
(e) Submits to a physical examination by a physician approved by the board to determine his condition.
2. The board shall arrange for physical examinations of all applicants and pay the costs of such examinations from the special silicosis fund.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 178Senator Dial
CHAPTER 84
AN ACT to amend chapter 686 of NRS, relating to disability insurance, by adding new sections defining terms; authorizing joint action by insurers in underwriting group disability insurance for persons 65 years of age or older; and providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 686 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. The legislature hereby declares the public policy of the State of Nevada to favor, and hereby finds in the public interest, the improvement, expansion, and extension of means within the framework of the private enterprise system by which senior residents of this state who are 65 years of age or older and their spouses may be more adequately protected against financial loss from accident and disease. In furtherance of such policy, it is the purpose of sections 2 to 8, inclusive, of this act:
1. To provide a means of more adequately meeting the needs of the residents of this state who are 65 years of age or older and their spouses for insurance coverage against financial loss from accident or disease through the combined resources and experience of a number of insurers.
κ1963 Statutes of Nevada, Page 87 (CHAPTER 84, SB 178)κ
2. To make possible the fullest extension of such coverage by encouraging insurers to combine their resources and experience and to exercise their collective efforts in the development and offering of policies of such insurance.
3. To regulate the joint activities authorized by sections 2 to 8, inclusive, of this act in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, Seventy-ninth Congress), as amended.
Sec. 3. As used in sections 2 to 8, inclusive, of this act, unless the context requires otherwise:
1. Association means a voluntary unincorporated association formed for the purpose of enabling cooperative action to provide disability insurance in accordance with sections 2 to 8, inclusive, of this act in this or any other state having legislation enabling the issuance of insurance of the type provided in such sections.
2. Extended health insurance means hospital, surgical and medical expense insurance provided by a policy issued as provided by sections 2 to 8, inclusive, of this act.
3. Insurer means any insurance company which is authorized to transact disability insurance in this state.
Sec. 4. Notwithstanding any other provision of the Nevada Insurance Law or any other law which may be to the contrary, any insurer may join with one or more other insurers to plan, develop, underwrite, offer and provide to any resident of this state who is 65 years of age or older and to the spouse of such resident, extended health insurance, against financial loss from accident or disease, or both. Such insurance may be offered, issued and administered jointly by two or more insurers by a group policy issued to a policyholder through an association formed for the purpose of offering, selling, issuing and administering such insurance. Any such policy may provide, among other things, that the benefits payable thereunder are subject to reduction if the individual insured has any other coverage providing hospital, surgical or medical benefits whether on an indemnity basis or a provision of service basis.
Sec. 5. Any person licensed to transact disability insurance as an insurance agent, insurance broker, insurance solicitor or life agent may transact extended health insurance offered through an association and may be paid a commission thereon.
Sec. 6. Any association formed for the purposes of sections 2 to 8, inclusive, of this act may hold title to property, enter into contracts, and limit the liability of its members. Any such association may sue and be sued in its associate name and for such purpose only shall be treated as a domestic corporation. Service of process against such association, made upon a managing agent, any member thereof, or any agent authorized by appointment to receive service of process, shall have the same force and effect as if such service had been made upon all members of the association.
Sec. 7. 1. The forms of the policies, applications, certificates or other evidence of insurance coverage on residents of this state and commission schedules and applicable premium rates relating thereto shall be filed with the commissioner.
κ1963 Statutes of Nevada, Page 88 (CHAPTER 84, SB 178)κ
commission schedules and applicable premium rates relating thereto shall be filed with the commissioner. No such policy, contract, certificate or other evidence of insurance, application or other form shall be sold, issued or used, and no endorsement shall be attached to or printed or stamped thereon, unless the form thereof shall have been approved by the commissioner or 30 days shall have expired after such filing without written notice from the commissioner of disapproval thereof. The commissioner may so disapprove the forms for such insurance if he finds that they are unjust, unfair, inequitable, misleading or deceptive, or that the rates are by reasonable assumptions excessive in relation to the benefits provided. In determining whether such rates by reasonable assumptions are excessive in relation to benefits provided, the commissioner shall give due consideration to past and prospective claim experience, within and outside this state, and to fluctuations in such claim experience, to a reasonable risk charge, to contribution to surplus and contingency funds, to past and prospective expenses, both within and outside this state, and to all other relevant factors within and outside this state, including any differing operating methods of the insurers joining in the issue of the policy. In exercising the powers conferred upon him by this section, the commissioner shall not be bound by any other requirement of the Nevada Insurance Law with respect to standard provisions to be included in disability policies or forms.
2. The commissioner may, after hearing upon written notice, withdraw an approval previously given, upon such grounds as in his opinion would authorize disapproval upon original submission thereof. Any such withdrawal of approval after hearing shall be by notice in writing specifying the ground thereof and shall be effective at the expiration of such period, not less than 90 days after the giving of notice of withdrawal, as the commissioner shall in such notice prescribe.
3. A summary concerning any insurance written under the authority of sections 2 to 8, inclusive, of this act shall be furnished annually to the commissioner in such form as he may prescribe. Any action taken by the commissioner under sections 2 to 8, inclusive, of this act shall be subject to review by the courts of this state in accordance with applicable statutory provisions.
Sec. 8. No act done, action taken or agreement made pursuant to the authority conferred by sections 2 to 8, inclusive, of this act shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this state enacted before or after the effective date of this act which does not specifically refer to insurance.
Sec. 9. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 89κ
Assembly Bill No. 256Messrs. Knisley and Bastian
CHAPTER 85
AN ACT to amend NRS section 207.080, which defines convicted person for the purpose of registration and fingerprinting, by correcting an erroneous internal reference.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 207.080 is hereby amended to read as follows:
207.080 For the purpose of NRS 207.080 to 207.150, inclusive, a convicted person is defined as:
(a) Any person who has been or hereafter is convicted of an offense punishable as a felony in the State of Nevada, or who has been or who is hereafter convicted of any offense in any place other than the State of Nevada, which offense, if committed in the State of Nevada, would be punishable as a felony.
(b) Any person who has been or hereafter is convicted in the State of Nevada, or elsewhere, of the violation of any law, whether the same is or is not punishable as a felony:
(1) Relating to or regulating the possession, distribution, furnishing or use of any habit-forming drug of the kind or character described and referred to in the Uniform Narcotic Drug Act.
(2) Regulating or prohibiting the carrying, possession or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument or attachment designed or intended to be used for the purpose of silencing the report or concealing the discharge or flash of any firearm.
(3) Regulating or prohibiting the use, possession, manufacture or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.
(c) Any person who, in the State of Nevada, or elsewhere, has been or hereafter is adjudicated, or is convicted of being, a drug addict, as such term is or may be defined in the laws of Nevada.
(d) Any person who has been, or who hereafter is, convicted of a crime in the State of Nevada, under the provisions of one or more of NRS 122.220, 199.400, 200.360, 201.010, 201.120 to 201.230, inclusive, 201.250, 201.270, 201.360 to 201.400, inclusive, 201.420, 202.010, 202.040, 202.050, 202.090, 202.100, 202.190 to 202.230, inclusive, 212.170, 212.180, 433.640, 451.010 to 451.040, inclusive, 452.300, 453.340 to 453.410, inclusive, 462.010 to 462.080, inclusive, 465.010 to 465.070, inclusive, 646.010 to 646.060, inclusive, [646.120,] 647.100, 647.110, 647.120, 647.130, and 647.140, or who has been, or hereafter is, convicted, in any place other than the State of Nevada, of an offense which, if committed in this state, would have been punishable under one or more of such sections.
(e) Any person who has been, or who hereafter is, convicted in the State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
κ1963 Statutes of Nevada, Page 90 (CHAPTER 85, AB 256)κ
State of Nevada or elsewhere of any attempt or conspiracy to commit any offense described or referred to in NRS 207.080 to 207.150, inclusive.
2. Any person, except as hereinafter set forth in NRS 207.090 to 207.150, inclusive, whose conviction is or has been set aside in the manner provided by law shall not be deemed a convicted person.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 283Mr. Jones
CHAPTER 86
AN ACT to amend NRS section 202.350, relating to permits to carry concealed weapons issued by the sheriff, by eliminating the requirement of affixing the county seal to such permits; and by providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 202.350 is hereby amended to read as follows:
202.350 1. Every person who within the State of Nevada:
(a) Manufactures or causes to be manufactured, or who imports into the state, or who keeps for sale, or offers or exposes for sale, or who gives, lends or possesses any instrument or weapon of the kind commonly known as a switchblade knife, blackjack, slung shot, billy, sandclub, sandbag or metal knuckles; or
(b) Carries concealed upon his person any explosive substance, other than fixed ammunition; or
(c) Carries concealed upon his person any dirk, dagger or dangerous knife; or
(d) Carries concealed on his person a pistol, revolver or other firearm, or any other dangerous or deadly weapon,
shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years.
2. Nothing in subsection 1 of this section applies to or affects:
(a) Sheriffs, constables, marshals, peace officers, special police officers, policemen, whether active or honorably retired, other duly appointed police officers or persons having permission from the sheriff of the county as provided in subsection 3 of this section.
(b) Any person summoned by any peace officer to assist in making arrests or preserving the peace while the person so summoned is actually engaged in assisting such officer.
κ1963 Statutes of Nevada, Page 91 (CHAPTER 86, AB 283)κ
(c) Members of the Armed Forces of the United States when on duty.
3. The sheriff of any county may, upon written application showing the reason or the purpose for which the concealed weapon is to be carried, grant permission [under its seal] to the applicant, authorizing a person to carry, in such county, the concealed weapon described in the permit. No permit may be granted to any person to carry a switchblade knife.
4. For the purposes of this section, a switchblade knife is a knife having the appearance of a pocket knife, and includes a spring-blade knife, a snap-blade knife, or any other similar type knife, the blade or blades of which are 2 or more inches long and which can be released automatically by a flick of a button, pressure on the handle, or other mechanical device, or are released by any type of mechanism whatsoever.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 287Mr. Parraguirre
CHAPTER 87
AN ACT to amend NRS section 159.150, relating to oaths and bonds of guardians, by providing that if a banking corporation is appointed guardian of the estate of a ward, no bond shall be required of such guardian unless specifically required by the court; and by providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 159.150 is hereby amended to read as follows:
159.150 1. Before the order appointing any person guardian under this chapter shall take effect, and before letters shall issue, the person or persons so appointed shall take and subscribe the official oath, to be endorsed on the letters, and shall give bond to the ward or wards in such sum as the court may order, with at least two sufficient sureties to be approved by the court or judge.
2. If a banking corporation, as defined in NRS 657.010, doing business in this state is appointed guardian of the estate of a ward, no bond shall be required of such guardian, unless otherwise specifically required by the court.
________
κ1963 Statutes of Nevada, Page 92κ
Assembly Bill No. 156Clark County Delegation
CHAPTER 88
AN ACT to amend NRS section 257.010, relating to the division of a county into townships, by providing for the publication of the township division; providing that when real property lying within one established township is annexed by an incorporated city lying within another established township the boundaries of the township wherein the city lies are automatically extended to include such annexed real property; to repeal NRS section 244.140, relating to the power and jurisdiction of the board of county commissioners concerning townships; and providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 257.010 is hereby amended to read as follows:
257.010 [The board of county commissioners of each county shall, from time to time, as the public good may require, divide the county into a convenient number of townships, and shall cause such division to be published, but not more than one incorporated city in any county shall be included within the same township.]
1. Subject to the limitations contained in subsection 2, the board of county commissioners of each county shall, from time to time, as the public good may require:
(a) Divide the county into a convenient number of townships; and
(b) Cause a description of such division to be published at least once in a newspaper of general circulation in the county within 10 days after adoption.
2. Not more than one incorporated city in any county shall be included within the same township. When any real property lying in one established township is annexed pursuant to law by an incorporated city lying within an adjacent established township, the boundaries of the township in which the annexing incorporated city lies shall be deemed to be extended to include the real property so annexed without further action of the board of county commissioners.
Sec. 2. NRS 244.140 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 93κ
Senate Bill No. 156Senator Lemaire
CHAPTER 89
AN ACT to amend NRS section 659.020, relating to the articles of incorporation of banks and trust companies, by providing that banks and trust companies may issue capital stock with the par value of not less than $1 per share, with the approval of the superintendent of banks; and by providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 659.020 is hereby amended to read as follows:
659.020 1. The articles of incorporation shall contain:
(a) The corporate name adopted by the corporation, which shall be such as to distinguish it from any other banking corporation formed or incorporated in this state, or engaged in the banking business in this state.
(b) The place where its business is to be conducted.
(c) The purpose for which it is formed.
(d) The amount of its capital stock, which shall be divided into shares of the par value of not less than $25 each, [and which] except that upon the written approval of the superintendent of banks the capital stock may be divided into shares of the par value of not less than $1 each. The amount of capital stock shall not be less than $50,000, and shall be assessable. The superintendent of banks may, if he deems it necessary. require capital in excess of $50,000.
(e) The amount of its original paid-in surplus, which shall not be less than 20 percent of its capital stock.
(f) The name and place of residence of, and the number of shares subscribed by, each stockholder.
(g) The number of directors, which shall not be less than five, and the names of the stockholders selected to act as the first board of directors, each of whom shall be a bona fide subscriber for at least $1,000 of the stock of the bank, fully paid and not hypothecated. A majority of directors shall be residents of the State of Nevada.
(h) The length of time the corporation is to exist, which shall not exceed 50 years.
(i) The location of all branch offices.
(j) Such other matters, not inconsistent with law, as the incorporators may deem proper.
2. The articles of incorporation may also provide for the issuance and sale of preferred stock in such amount as shall be fixed by the articles or by amendments thereto, and the amount and number of shares thereof, and the terms and conditions thereof not inconsistent with the provisions of this Title.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 94κ
Senate Bill No. 155Senator Lemaire
CHAPTER 90
AN ACT to amend NRS section 662.020, relating to cash and balances of banks, by providing that the superintendent of banks may waive the reserve requirements on amounts of public deposits when banks have pledged securities for the protection of public funds; and providing other matters properly relating thereto.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 662.020 is hereby amended to read as follows:
662.020 1. Each bank doing business under the laws of this state shall have on hand, in cash, such a sum of money as may be determined by the superintendent of banks as necessary to meet the operating requirements of the bank, and, in addition thereto, a sum consisting of balances due from good and solvent banks, selected from time to time with the approval of the superintendent of banks. The total sum of such cash and balances due shall not be less than 10 percent of demand deposits and 5 percent of time deposits for the preceding 15 days. When a bank has pledged securities for the protection of public funds under the provisions of NRS 356.020, the superintendent of banks may, in his discretion, waive the reserve requirements on the amount of the public deposit.
2. Whenever the available funds in any bank shall be below the required amount, such bank shall not:
(a) Make any new loans or discounts otherwise than the discounting or purchasing of bills of exchange, payable at sight.
(b) Pay or declare any dividends of its profits until the required proportion between the aggregate of its deposits and its lawful money reserves shall have been restored.
3. The superintendent of banks shall immediately notify any bank whose lawful money reserve shall be below the amount required to be kept on hand to make good such reserve. If such bank shall fail to do so for a period of 60 days after such notice, it shall be deemed to be insolvent, and the superintendent of banks shall take possession of the same and proceed in the manner provided in this Title relating to insolvent banks.
4. The superintendent of banks shall refuse to consider, as a part of a banks reserve, balances due from any bank which shall refuse or neglect to furnish him with such information as he may require from time to time relating to its business with any other bank doing business under this Title, which shall enable him to determine its solvency.
5. All banks doing a savings bank or trust company business, but which do not transact a commercial banking business, shall be required to keep on hand at all times, in available funds, a sum equal to 10 percent of their deposits, one-half of which may consist of balances due from authorized depositary banks, as provided in NRS 662.240, and which are deemed solvent, and the other one-half thereof in actual cash.
κ1963 Statutes of Nevada, Page 95 (CHAPTER 90, SB 155)κ
from authorized depositary banks, as provided in NRS 662.240, and which are deemed solvent, and the other one-half thereof in actual cash.
6. Any bank subject to the provisions of this Title may become a member of the Federal Reserve bank in the district in which such bank is located, and may then deposit in such Federal Reserve bank any of its available funds, including any part of the reserve required by this Title, and the provisions of this Title limiting the amount that may be deposited by a bank in a depositary bank, and the requirements of this Title relative to the reserve that must be maintained by the depositary bank against such bank deposits, shall not be deemed to apply to such deposit in such Federal Reserve bank.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 99Committee on Finance
CHAPTER 91
AN ACT to amend an act entitled An Act to amend chapter 443 of NRS, relating to tuberculosis, by adding new sections establishing a special silicosis program to be administered by the state department of health; establishing standards of eligibility; creating a fund; and providing for benefits; to repeal NRS section 617.480, relating to special silicosis cases; appropriating moneys; and providing other matters properly relating thereto, approved April 6, 1961.
[Approved March 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 7 of the above-entitled act, being chapter 311, Statutes of Nevada 1961, at page 596, is hereby amended to read as follows:
Section 7. There is hereby appropriated from the general fund in the state treasury to the special silicosis fund, for the purposes of carrying out the provisions of this act from the effective date of this act until July 1, [1963,] 1965, the sum of $348,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 96κ
Senate Bill No. 159Committee on Judiciary
CHAPTER 92
AN ACT to amend chapter 321 of NRS, relating to the administration, control and sale of public lands, by adding new sections providing for the confirmation of title to minerals in persons, corporations or associations, or their heirs, assigns or lawful successors who have purchased state lands subsequent to March 3, 1887, from the State of Nevada, subject to the royalty provisions in NRS section 321.300; authorizing such persons, corporations or associations, or their heirs, assigns or lawful successors, to bring an action for declaratory judgment to determine the states interest in the minerals in such lands, including gas, coal, oil and oil shales; providing that if the state is determined to have any interest in such minerals, other than the royalty interest referred to in NRS section 321.300, the patentee, his, her or its heirs, successors or assigns may purchase such interest of the state within 1 year from the date of such judgment; and providing other matters properly relating thereto.
[Approved March 20, 1963]
Whereas, The legislature of the State of Nevada by chapter 103, Statutes of Nevada 1887, as amended by Chapter 35, Statutes of Nevada 1897, disclaimed any interest in mineral lands selected by the State of Nevada prior to or after March 3, 1887, on account of any grant from the United States and provided further by such act that every contract, patent or deed made by the state after March 3, 1887, should contain a provision expressly reserving all mines of gold, silver, copper, cinnabar and other valuable minerals that might exist in such land, and further provided that all persons desiring to acquire titles to mines upon lands which had been selected by the state should obtain such title from the United States under the laws of the Congress, notwithstanding such selection by the State of Nevada; and
Whereas, Such portions of chapter 103, Statutes of Nevada 1887, as amended by chapter 35, Statutes of Nevada 1897, as above set forth, were incorporated in Nevada Revised Statutes in 1957 as NRS 516.020; and
Whereas, By chapter 103, Statutes of Nevada 1887, the State of Nevada made the declaration that the several grants made by the United States to the State of Nevada reserved the mineral lands, and the sales of such lands made by the state were made subject to such reservation and such declaration was incorrect; and
Whereas, The state by chapter 103, Statutes of Nevada 1887, further provided that any citizen of the United States or person having declared his intention to become a citizen of the United States might enter upon any mineral lands in this state notwithstanding the states selection, and explore for gold, silver, copper, lead, cinnabar and other valuable minerals and upon the discovery of such valuable mineral might work and mine the same in pursuance of the local rules and regulations of miners and the laws of the United States, and thereafter such person might condemn for the uses and purposes of mining in like manner as private property was by law condemned and taken for public use the improvements made on lands purchased from the state by other persons; and
κ1963 Statutes of Nevada, Page 97 (CHAPTER 92, SB 159)κ
Whereas, Such provisions of chapter 103, Statutes of Nevada 1887, were in 1957 incorporated in Nevada Revised Statutes as NRS 516.010; and
Whereas, By chapter 172, Statutes of Nevada 1921, the legislature of the State of Nevada provided that every person, corporation or association, his or its heirs, assigns or lawful successors who has a subsisting contract with the State of Nevada for the purchase of any lands of the State of Nevada, or who might thereafter contract with the State of Nevada for the purchase of any of its public lands, and every patentee of lands purchased from the State of Nevada should, subject to the royalty provided in such act, be deemed and held to have the right to the exclusive possession of the lands described in such contract, including all gas, coal, oil and oil shales that might exist in such lands, and that every person, corporation or association, his or its heirs, assigns or lawful successors, who had theretofore received, or should thereafter receive or be entitled to receive, any patent or deed from the State of Nevada granting to him or it any such lands should, subject to the royalty provisions contained in the act, be deemed to have the fee simple title to the lands described in such patent or deed, including all gas, coal, oil and oil shales which might exist therein, provided any such contract holder or patentee should pay to the State of Nevada for the fund which was the original beneficiary of such lands a royalty of 5 percent of the net proceeds of all gas, coal or oil mined or extracted therefrom; and
Whereas, The Department of the Interior of the United States has in its decisions ruled that the disclaimer made by the State of Nevada under chapter 103, Statutes of Nevada 1887, had revested no title in the United States to any minerals contained in such lands, and that no title to such lands or any minerals therein could be received from the United States by reason of chapter 103, Statutes of Nevada 1887; and
Whereas, The attorney general of the State of Nevada had in opinions rendered by his office prior to the year 1962 held that the State of Nevada held no title to any of the minerals received in grants from the United States subsequent to the enactment of chapter 103, Statutes of Nevada 1887, and that no title could be received from the state therefor; and
Whereas, The United States by Public Law 87-340 in the 87th Congress, S-2272, October 3, 1961, disclaimed any interest in lands which it might have acquired by virtue of chapter 103, Statutes of Nevada 1887, or by any revisions or reenactment thereof, which act was approved October 3, 1961; and
Whereas, By the statutes and decisions hereinbefore mentioned a confusion has arisen as to the extent of mineral rights possessed by the holder of a patent from the State of Nevada, or his, her or its successors in interest, subsequent to March 3, 1887; and
Whereas, It is the view of the legislature of the State of Nevada that NRS 321.300 did intend to vest in all patentees, their heirs, successors and assigns the fee simple title to all minerals in such lands theretofore conveyed or thereafter conveyed by the State of Nevada, subject only to the royalty provisions contained in NRS 321.300; and
κ1963 Statutes of Nevada, Page 98 (CHAPTER 92, SB 159)κ
theretofore conveyed or thereafter conveyed by the State of Nevada, subject only to the royalty provisions contained in NRS 321.300; and
Whereas, It is in the view of the legislature of the State of Nevada that it is to the best interests of the State of Nevada and its inhabitants that the intention of chapter 172, Statutes of Nevada 1921, be carried out, and that the confusion as to titles to minerals in public lands sold by the State of Nevada be settled, and that the titles of the patentees, their heirs, successors and assigns be confirmed, and that any such person, corporation or association, his, her or its heirs, assigns or lawful successors be authorized to bring a declaratory judgement action against the State of Nevada to determine the states interest in such minerals, and if it be determined that the State of Nevada has any interest therein, other than the royalty interest set forth in NRS 321.300, such party be granted an option to purchase such interest; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 321 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. Every person, corporation or association, his, her or its heirs, assigns or lawful successors, who has heretofore received since March 3, 1887, or shall hereafter receive or be entitled to receive any patent or deed from the State of Nevada granting to him, her or it any lands of the State of Nevada shall, subject to the royalty provision contained in NRS 321.300, be confirmed in the fee simple title to the lands described in such patent or deed, and all of the minerals therein, including all gas, coal, oil and oil shales which may exist therein, but any such patentee, or his, her or its successors in interest, holding such fee simple title shall pay to the State of Nevada for the fund which was the original beneficiary of such lands the royalty provided by NRS 321.300.
Sec. 3. 1. Every person, corporation or association, his, her or its heirs, assigns or lawful successors referred to in section 2 of this act, who is entitled to the possession of any lands that may have been purchased by him, her or it, or his, her or its predecessors in interest, from the State of Nevada subsequent to March 3, 1887, may bring an action in the district court of this state in and for any county where such lands or any part thereof are situate to determine by declaratory judgement of such court whether or not the State of Nevada has any rights to any minerals therein, including any oil, gas, coal and oil shales and, if possible, the extent thereof, and the State of Nevada hereby consents to the bringing of any such action or actions.
2. Service of process on the State of Nevada in any such action may be secured by serving a copy of the complaint, together with a copy of the summons, on the attorney general of the State of Nevada.
Sec. 4. 1. If in any such action authorized by section 3 of this act it is determined that the State of Nevada has any interest in any minerals in any such lands, save and except the royalty interest provided for in NRS 321.300, then any such person, corporation or association, his, her or its heirs, assigns or lawful successors, bringing any such action as plaintiff in such action, shall have the option for 1 year from the entry of final judgement in such action to purchase from the State of Nevada all of the interest of the State of Nevada in the minerals in such lands, save and except the royalty interest authorized by NRS 321.300, at a price of 15 cents for each acre of land involved in such action.
κ1963 Statutes of Nevada, Page 99 (CHAPTER 92, SB 159)κ
for in NRS 321.300, then any such person, corporation or association, his, her or its heirs, assigns or lawful successors, bringing any such action as plaintiff in such action, shall have the option for 1 year from the entry of final judgement in such action to purchase from the State of Nevada all of the interest of the State of Nevada in the minerals in such lands, save and except the royalty interest authorized by NRS 321.300, at a price of 15 cents for each acre of land involved in such action.
2. If such option is exercised, payment for such mineral interest shall be made to the state land register in cash within the period of such option, and the state land register is authorized and directed upon the payment of any such option price to deliver to the purchaser a deed from the State of Nevada to such purchaser, conveying all of the states interest in the minerals in the lands involved in such action, save and except the royalty interest of the state provided for in NRS 321.300.
Sec. 5. This act shall become effective upon passage and approval.
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Senate Bill No. 130Senator Gallagher
CHAPTER 93
AN ACT to amend NRS sections 244.640 and 244.645, relating to county fair and recreation boards, by authorizing such boards to advertise, publicize and promote county recreational facilities; by changing the composition of such boards in counties with populations of 9,000 or more and less than 11,000; and by providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.640 is hereby amended to read as follows:
244.640 1. In addition to powers elsewhere conferred upon counties, any county having a population of 9,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, is authorized and empowered:
(a) To establish, construct, purchase, otherwise acquire, reconstruct, improve, extend and better fairgrounds, exposition buildings, convention halls, auditoriums, fieldhouses, amusement halls, public parks, playgrounds, swimming pools, golf courses, recreation centers, other recreational facilities and buildings therefor, and improvements incidental thereto;
(b) To equip and furnish the same;
(c) To acquire a suitable site or grounds for any recreational facilities; [and]
(d) To issue bonds therefor, at one time, or from time to time [.] ; and
κ1963 Statutes of Nevada, Page 100 (CHAPTER 93, SB 130)κ
(e) To advertise, publicize and promote the recreational facilities of the county.
2. Recreational facilities shall be deemed to include, without limiting the generality of the provisions of subsection 1, such buildings, incidental improvements, equipment, furnishings, sites and grounds as are used for recreational purposes.
Sec. 2. NRS 244.645 is hereby amended to read as follows:
244.645 1. Whenever the board of county commissioners of any county desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county; and
(b) Cause a certified copy of the resolution to be mailed by registered mail to the mayor or other chief executive officer of each incorporated city within the county.
2. In counties having a population of 30,000 or more, each incorporated city within the county shall be represented on the county fair and recreation board by one member for each 25,000 population or fraction thereof within the city, but no city shall have more than three members on a board. In counties having a population of [9,000] 11,000 or more and less than 30,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member. Any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered mail to the county clerk. In counties having a population of 9,000 or more and less than 11,000, any incorporated city which is the county seat shall be represented by one member, who shall be appointed and certified as provided in this section, and the board of county commissioners shall appoint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
(c) One member to represent the other commercial interests in the county.
3. In counties having a population of 30,000 or more, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office.
κ1963 Statutes of Nevada, Page 101 (CHAPTER 93, SB 130)κ
their terms of office. In counties having a population of 9,000 or more and less than 30,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.
Sec. 3. This act shall become effective upon passage and approval.
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Senate Bill No. 121Committee on Agriculture and Irrigation
CHAPTER 94
AN ACT to amend NRS section 575.050, relating to agreements with the United States concerning granting of emergency financial aid to the livestock industry, by providing that the executive director of the department of agriculture may expend money in the livestock aid fund without federal fund participation; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 575.050 is hereby amended to read as follows:
575.050 1. The governor is authorized to enter into agreements with the United States, its departments or agencies, respecting the granting and extending of financial aid, or any other form of benefits, to the states for the benefit of persons, firms or corporations engaged in the livestock or agriculture industry.
2. Before any such agreement is entered into, the governor, after diligent inquiry, shall determine by proclamation that such an emergency exists as in the interests of the livestock or agriculture industry of the state warrants a request for federal aid, money or such other type of benefit as may be available. From and after the issuing of such proclamation, the governor may match such available federal funds, or benefits, from the livestock aid fund, not to exceed the total sum of $30,000. Where an emergency has been proclaimed by the governor, the executive director of the state department of agriculture may expend moneys in the livestock aid fund, as the interests of the livestock or agriculture industry of the state may require, without federal participation in the form of aid, money or other benefits.
3. There is hereby created in the state treasury a fund to be known as the livestock aid fund. Moneys for the livestock aid fund shall be provided by direct legislative appropriation, and shall be used only for the purpose of carrying out the provisions of this section.
4. The governor, or such commission, department or agency of the State of Nevada as he may designate and entrust with the disbursement of the moneys or benefits made available, shall have the authority to adopt such rules and regulations as may be necessary for the proper administration thereof, and if the benefits are in the form of money each expenditure from the fund shall be approved by the state board of examiners in the manner provided generally for the payment of claims against the state.
κ1963 Statutes of Nevada, Page 102 (CHAPTER 94, SB 121)κ
by the state board of examiners in the manner provided generally for the payment of claims against the state.
5. The State of Nevada, by and through the acts of its governor, in accepting the agreements entered into, shall be bound and obligated to perform the agreements fully as to all the terms thereof for the duration of the agreements.
6. The governor, or any commission, department or agency he may designate, is specifically empowered and authorized to enter into and perform such agreements, notwithstanding the limits or provisions of any law to the contrary, and any part or parts of such law or laws inconsistent with the powers herein granted are hereby declared not applicable insofar as they are inconsistent with this section.
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Assembly Bill No. 301Clark County Delegation
CHAPTER 95
AN ACT to amend chapter 278 of NRS, relating to planning and zoning, by adding a new section requiring the subdividers of city land in counties with a population of 120,000 or more where there is no regional planning commission to file tentative maps with the county planning commission; and by providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 278 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever any subdivider proposes to subdivide any lands within an incorporated city in a county having a population of 120,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, which does not have a regional planning commission, the subdivider shall file a tentative map of his proposed subdivision with the county planning commission. The county planning commission shall have not to exceed 30 days time for action on the map and report to the governing body of the city in which the subdivision is situated. The governing body of the city shall take into consideration the report of the county planning commission before approving the final map of any subdivision.
________
κ1963 Statutes of Nevada, Page 103κ
Assembly Bill No. 214Committee on Roads, Transportation and Aviation
CHAPTER 96
AN ACT to amend NRS section 482.320, relating to special dealer plates for motor vehicles, by permitting the issuance of special dealer plates to used vehicle dealers.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.320 is hereby amended to read as follows:
482.320 1. A manufacturer or dealer having an established place of business in this state, and owning or controlling any new or used vehicle of a type otherwise required to be registered under the provisions of this chapter, may operate or move such vehicle if there is displayed thereon a special plate of plates issued to such manufacturer or dealer as provided in NRS 482.325 and 482.330. Such a vehicle may also be moved or operated for the purpose of towing other vehicles which are to be sold or exchanged, or stored for the purpose of sale or exchange.
2. The provisions of this section do not apply to:
(a) Work or service vehicles owned or controlled by a manufacturer or dealer.
(b) Vehicles leased by dealers, except vehicles rented or leased to vehicle salesmen in the course of their employment.
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Assembly Bill No. 216Clark County Delegation
CHAPTER 97
AN ACT to amend NRS section 484.0081, relating to traffic control signals, by authorizing motor vehicle operators to make right turns on Stop signals after stopping and yielding right of way; empowering local authorities to enact ordinances prohibiting such turns; requiring local authorities to post signs at intersections where such turns are prohibited by local ordinance; and by providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.0081 is hereby amended to read as follows:
484.0081 Whenever traffic is controlled by traffic-control signals exhibiting the words Go, Caution or Stop, or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and such terms and lights shall indicate and apply to drivers of vehicles and pedestrians as follows:
1. Green alone or Go:
κ1963 Statutes of Nevada, Page 104 (CHAPTER 97, AB 216)κ
(a) Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
(b) Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.
2. Steady yellow alone:
(a) Vehicular traffic facing the signal is thereby warned that the red or Stop signal will be exhibited immediately thereafter and such vehicular traffic shall not enter or be crossing the intersection when the red or Stop signal is exhibited.
(b) Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right of way to all vehicles.
3. Steady red alone or Stop:
(a) Vehicular traffic facing the signal shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or Go is shown alone, except [when right hand turns after a full stop have been authorized by appropriate authority.] that the driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection, or if none, then at the entrance to the intersection, in obedience to a steady red alone or Stop signal, may make a right turn, but shall yield the right of way to pedestrians and other traffic proceedings as directed by the signal at such intersection, unless local authorities have by ordinance prohibited any such right turn at any intersection and erected a sign at such intersection giving notice of such prohibition.
(b) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
4. Steady red with green arrow:
(a) Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall yield the right of way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the intersection.
(b) No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.
5. In the event an official traffic-control signal is erected and maintained at a place other that an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
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κ1963 Statutes of Nevada, Page 105κ
Assembly Bill No. 206Committee on Roads, Transportation and Aviation
CHAPTER 98
AN ACT to amend chapter 488 of NRS, relating to regulation of watercraft, by providing that a vessel shall not be operated in a restricted area; providing exceptions; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 488 of NRS is hereby amended by adding thereto a new section which shall read as follows:
No person may operate a vessel, other than a patrol vessel, in an area designated as restricted, except in an emergency. Such area shall be designated only with the consent of the department and shall be clearly marked.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 191Committee on Roads, Transportation and Aviation
CHAPTER 99
AN ACT to amend NRS section 482.3212, relating to special permits for movement of vehicles for sale outside the state, by requiring that dealers obtain special permits to move or allow nonresident purchasers to move vehicles out of the state; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.3212 is hereby amended to read as follows:
482.3212 The department shall issue to any dealer upon request, and upon payment of a fee of [$5.50, a special] $8.25, a special permit, in a form to be determined by the department, for movement of any vehicle for the purposes of sale outside the State of Nevada [.] , or for movement outside the state of any vehicle purchased by a nonresident. The permit shall be affixed to the vehicle to be so moved in a manner and position to be determined by the department, and shall expire 48 hours after issuance.
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κ1963 Statutes of Nevada, Page 106κ
Assembly Bill No. 183Committee on Roads, Transportation and Aviation
CHAPTER 100
AN ACT to amend NRS section 706.600, relating to display of motor carrier license plates, by providing that license plates shall be attached to the front of the vehicle during the registration year; and by providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 706.600 is hereby amended to read as follows:
706.600 1. Distinctive license plates shall be provided by the department and delivered to the applicants for licenses under NRS 706.010 to 706.700, inclusive. The reasonable cost of such plates shall be borne by the state and paid out of the state highway fund upon claims therefor allowed as other claims against the state. [Such license plates must at all times be conspicuously displayed in accordance with rules to be laid down by the department.]
2. Motor carrier license plates assigned to a motor vehicle shall be attached to the front thereof. Number plates shall be so displayed during the current registration year.
3. Every number plate shall at all times be securely fastened to the vehicle to which it is assigned, so as to prevent the plate from the swinging, at a height of not less than 12 inches from the ground, measuring from the bottom of the plate, in a clearly visible place and position, and shall be maintained in a clearly legible condition free from foreign materials.
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Assembly Bill No. 176Elko County Delegation (by request)
CHAPTER 101
AN ACT to amend chapter 248 of NRS, relating to sheriffs, by adding a new section providing for fees of the sheriff of Elko County; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 248 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The sheriff of Elko County shall be allowed to charge and collect the following fees:
κ1963 Statutes of Nevada, Page 107 (CHAPTER 101, AB 176)κ
For serving summons or complaint, or any other process by which an action or proceeding is commenced..................................................................... $2.00
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile.................... .30
For taking bond or undertaking in any case in which he is authorized to take same........................................................................................................... 2.00
For serving notice, rule or order................................................................ 2.00
For serving subpena, for each witness...................................................... .75
For serving an attachment on property, or levying an execution, or order for delivery of personal property............................................................... 3.00
For traveling in the service of any process, not specifically provided, for each mile necessarily traveled, for going only, for each mile.......................... .50
For making and posting of notices (three), and advertising for sale, on execution, or any judgment, or order of sale, not including the cost of publication in any newspaper................................................................................................ 3.00
For drawing and executing every sheriffs deed, to be paid by the grantee, who shall in addition pay for the acknowledgement thereof................. 5.00
For serving a writ of possession, or restitution, putting any person into possession entitled thereto........................................................................................ 5.00
2. The sheriff of Elko County shall also be allowed to charge and collect:
(a) For commissions for receiving and paying over money on execution, or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent, on any sum in excess of $500, and not exceeding $1,500, 2 percent, and on all sums above $1,500, 1 percent.
(b) The sheriff of Elko County shall be allowed to charge and collect for services in justices courts the same fee as set forth in subsection 1.
Sec. 2. This act shall become effective upon passage and approval.
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κ1963 Statutes of Nevada, Page 108κ
Assembly Bill No. 140Committee on Agriculture and Irrigation
CHAPTER 102
AN ACT to amend chapter 590 of NRS, relating to petroleum products and antifreeze, by adding new sections adopting specifications for diesel fuel and authorizing the use of motor fuel blending pumps; to amend NRS sections 590.060, 590.080, 590.090, 590.105, 590.170 and 590.210, relating to adulterated petroleum products, lubricating oil specifications, heating oil specifications, measurement tables for testing petroleum products, and display of prices of motor vehicle fuel, by providing that the S.A.E. classification number of motor or lubricating oils shall conform to the latest Society of Automotive Engineers viscosity classification; by providing that petroleum products to be used for heating purposes shall conform to the latest standards of the American Society for Testing and Materials; by requiring labeling of containers for heating fuels; by providing standards for the use of numerical grade designations for heating fuels; by requiring that motor vehicle fuel price advertising contain certain words; providing penalties; and providing other matters properly relating thereto.
[Approved March 25, 1963]
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 the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. It is unlawful for any person to sell, offer for sale or assist in the sale of, or permit to be sold or offered for sale, any diesel fuel for use in internal combustion engines unless such fuel conforms to the latest specifications set forth by the American Society for Testing and Materials-Diesel Fuel Classification.
Sec. 3. 1. The use of pumps or other devices which are capable of withdrawing gasoline from each of two tanks containing different qualities of the same petroleum product and dispensing them as a single combined product shall be authorized if the state department of agriculture determines that all of the following conditions exist:
(a) The device mechanism accurately measures the quantities of the gasoline being simultaneously withdrawn from each of the two tanks and the quantity dispensed.
(b) The device mechanism accurately and visibly records and displays the resulting combined quality, the total quantity, the price per gallon for the particular quality combination being dispensed, and the total price of the quantity of gasoline dispensed at the particular sale.
(c) The device has a locking selector mechanism which prevents the changing of the proportion of the two qualities being combined during the dispensing of the desired quantity.
2. It is the purpose of this section to authorize the operation of a blending type of pump connected to two tanks containing two different grades of the same product, which, when blended together in different proportions, will produce gasoline of different octane rating, each blend of which shall meet the specifications for gasoline as required by this chapter.
Sec. 4. 1. The use of pumps or other devices which are capable of withdrawing gasoline from one tank containing gasoline and another tank containing motor oil and dispensing them as a single combined product and of withdrawing gasoline alone from the tank containing gasoline shall be authorized if the state department of agriculture determines that all of the following conditions exist:
κ1963 Statutes of Nevada, Page 109 (CHAPTER 102, AB 140)κ
tank containing motor oil and dispensing them as a single combined product and of withdrawing gasoline alone from the tank containing gasoline shall be authorized if the state department of agriculture determines that all of the following conditions exist:
(a) The device mechanism accurately measures the quantities being simultaneously withdrawn for dispensing as a combined product from each of the two tanks when the combined product is dispensed, and the quantity being dispensed from the gasoline from the gasoline tank alone when gasoline alone is dispensed.
(b) The device mechanism accurately and visibly records and displays the ratio of gasoline to motor oil, the quantity of each ingredient being dispensed, the price per gallon for gasoline being dispensed and the price per quart for motor oil being dispensed, or a device the mechanism of which accurately and visibly records and displays the ratio of gasoline to motor oil, the total volume of the oil and gasoline mixture delivered, and computes the total cost based upon the price set for the finished blend.
(c) The device mechanism prevents the changing of the ratio of gasoline to motor oil during dispensing.
(d) There is firmly attached to or painted upon the device mechanism panel a sign or label plainly visible consisting of the words outboard motor fuel in letters not less than one-half inch in height, together with the brand, trade-mark or trade name of the product, which shall also be in letters of not less than one-half inch in height.
2. It is the purpose of this section to authorize the operation of a blending type of pump connected to two tanks, one containing motor oil and the other gasoline, but only if the motor oil in its separate state meets the specifications for lubricating oil as required by NRS 590.080, and the gasoline in its separate state meets the specifications for gasoline as required by NRS 590.070.
Sec. 5. NRS 590.060 is hereby amended to read as follows:
590.060 1. [It] Except as provided in sections 3 and 4 of this act, it is unlawful for any person, or any officer, agent or employee thereof, to adulterate any petroleum products, and to sell, attempt to sell, offer for sale or assist in the sale of any of the products resulting from the adulteration, and to represent such product as the petroleum product of a brand or trade name in general use by any other marketer or producer of 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 deliver 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.
κ1963 Statutes of Nevada, Page 110 (CHAPTER 102, AB 140)κ
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, or rerefined, the container shall bear a superimposed sign or label containing the clearly legible words Reclaimed Motor Oil or Lubricating Oil, Reclaimed.
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 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 testing procedures approved by the state sealer of weights and measures. The S. A. E. classification number of motor or lubricating oils shall conform to the latest Society of Automotive Engineers viscosity classification.
Minimum Flash Degrees
S. A. E. Number Fahrenheit
5W 305
10W 335
20 and 20W 345
30 355
40 375
50 400
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.] the latest standards adopted by the American Society for Testing and Materials.
2. All bulk storage tanks, dispensers and petroleum tank truck compartment outlets containing or dispensing heating fuel shall be labeled with the brand name and the grade designation of the heating fuel.
3. No person shall use the numerical grade designation for heating fuels adopted by the American Society for Testing and Materials unless such designation shall conform to the ASTM specification.
κ1963 Statutes of Nevada, Page 111 (CHAPTER 102, AB 140)κ
unless such designation shall conform to the ASTM specification. Persons using a designation other than the ASTM numerical grade designation shall first file with the state department of agriculture the designation to be used together with its corresponding ASTM grade designation.
Sec. 8. NRS 590.105 is hereby amended to read as follows:
590.105 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] gravity and volume conversion and temperature correction of 60° F.
Sec. 9. NRS 590.170 is hereby amended to read as follows:
590.170 No person shall keep, maintain or display in this state any advertising medium which indicates or shows or advertises the price of gasoline or other motor vehicle fuel sold, offered for sale or advertised for sale from such premises, unless the actual price per gallon of gasoline or other motor vehicle fuel, including taxes, is also shown on such advertising medium, together with the word or words gasoline or motor [fuel] fuel, the word tax when the tax is separately shown or the words tax included when the tax is not separately shown, and the trade name or brand.
Sec. 10. NRS 590.210 is hereby amended to read as follows:
590.210 All letters used in designating the word gasoline or the words motor fuel and the words tax or tax included shall be at least 4 inches in height and the height shall not be more than twice the dimension of the width of each such letter.
________
Assembly Bill No. 117Clark County Delegation
CHAPTER 103
AN ACT authorizing Clark County, State of Nevada, to establish, construct, otherwise acquire, reconstruct, improve, extend or better a juvenile detention home, and improvements incidental thereto, to equip and furnish the same, and to acquire a suitable site or grounds therefor; concerning the issuance of bonds therefor after an election in not to exceed the aggregate principal amount of $850,000 and the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Subject to the provisions of section 2 of this act, the board of county commissioners of Clark County, State of Nevada, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, to establish, construct, otherwise acquire, reconstruct, improve, extend or better a juvenile detention home, and improvements incidental thereto, to equip and furnish the same, to acquire a suitable site or grounds therefor, and to issue general obligation bonds therefor in not to exceed the aggregate principal amount of $850,000.
κ1963 Statutes of Nevada, Page 112 (CHAPTER 103, AB 117)κ
acquire a suitable site or grounds therefor, and to issue general obligation bonds therefor in not to exceed the aggregate principal amount of $850,000. (Such building, incidental improvements, equipment, furnishings, sites and grounds are hereinafter sometimes designated as the facilities.)
Sec. 2. The board of county commissioners may submit the question of issuing such general obligation bonds to the electors qualified to vote thereon, at a special, primary or general election, held in accordance with NRS 350.010 to 350.070, inclusive, all laws amendatory thereof, and the laws of the State of Nevada relating to elections insofar as the same can be made applicable. If a majority of both the white and colored ballots cast on the question so submitted are in favor of the issuance of the bonds, the proposal to issue them shall have carried, and the board of county commissioners may thereafter proceed to issue the bonds in accordance with the provisions of this act. If a majority of either the white ballots or the colored ballots cast on the question so submitted is against the issuance of the bonds, then such proposal shall have failed, and the board shall be without power to issue the bonds. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or similar question at a subsequent election called for that purpose.
Sec. 3. The bonds shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or upon an amortization plan for the bonds so that substantially equal amounts shall be required annually for the payment of the principal of and interest on the bonds, except for the first or last installment, or both, which may be for greater or lesser amounts, or both, than required by either of the aforesaid limitations, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from such date, and shall bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada as may be provided by the board, and the bonds shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
κ1963 Statutes of Nevada, Page 113 (CHAPTER 103, AB 117)κ
manually subscribed, and his facsimile signature has the same legal effect as his manual signature. (Such a filing is not a condition precedent to the execution of any coupon.) The board may cause the seal of the county to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons. The board of county commissioners may provide for the registration of the bonds for payment as to principal or interest, or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds.
Sec. 4. The board is hereby authorized to sell such bonds at one time, or from time to time, at public or private sale, as the board may determine, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition, reconstruction, improvement, extension or betterment of such facilities and with the authorization, issuance and sale of such bonds.
Sec. 5. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and, so far as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing. It shall be the duty of the board and of any other body as may be charged with the duty of levying taxes therein, annually in due season, to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of such section 2 of article 10.
κ1963 Statutes of Nevada, Page 114 (CHAPTER 103, AB 117)κ
the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of such section 2 of article 10. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of the interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 6. The ordinance or ordinances providing for the issuance of such bonds may state the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 7. This act, without reference to other statutes of the state, 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 any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 8. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 9. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 10. This act being necessary to secure and preserve the public health, safety, and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 11. If any provision of this act or the application thereof to any person, association, corporation or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be servable.
Sec. 12. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 115κ
Assembly Bill No. 1Washoe County Delegation
CHAPTER 104
AN ACT authorizing Washoe County, State of Nevada, to issue general obligation bonds in the aggregate principal amount of $1,250,000 for the purpose of enlarging, repairing, reconstructing, improving, extending or bettering the county courthouse, equipping and furnishing the same, and acquiring a suitable site or grounds therefor, and establishing, constructing, otherwise acquiring, reconstructing, improving, extending or bettering a branch county library building in the city of Sparks, Nevada, equipping and furnishing the same, and acquiring a suitable site or grounds therefor; limiting the costs thereof; providing for the levy of taxes in connection therewith; prescribing other details concerning such bonds and such taxes; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Washoe County, State of Nevada, is hereby authorized and empowered, in addition to the powers elsewhere conferred upon the board, and without the necessity of an election, to issue general obligation bonds in not to exceed the aggregate principal amount of $1,250,000 to defray the costs of:
(a) Enlarging, repairing, reconstructing, improving, extending or bettering the county courthouse, equipping and furnishing the same, and acquiring a suitable site or grounds therefor, the cost of which shall not exceed the sum of $1,000,000.
(b) Establishing, constructing, otherwise acquiring, reconstructing, improving, extending or bettering a branch county library building in the city of Sparks, Nevada, equipping and furnishing the same, and acquiring a suitable site or grounds therefor, the cost of which shall not exceed the sum of $250,000.
The buildings, incidental improvements, equipment, furnishings, sites and grounds referred to in paragraphs (a) and (b) of this section are hereinafter sometimes designated as the facilities.
Sec. 2. The bonds shall be of convenient denominations, shall be negotiable in form, shall mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal or upon an amortization plan for the bonds so that substantially equal amounts shall be required annually for the payment of the principal of and interest on the bonds, except for the first or last installment, or both, which may be for greater or lesser amounts, or both, than required by either of the aforesaid limitations, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 20 years from such date, and shall bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals. The bonds shall be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada as may be provided by the board, and the bonds shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds.
κ1963 Statutes of Nevada, Page 116 (CHAPTER 104, AB 1)κ
coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. The bonds and coupons shall be signed by the chairman of the board of county commissioners and countersigned by the treasurer of the county, and the bonds shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. (Such a filing is not a condition precedent to the execution of any coupon.) The board may cause the seal of the county to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons. The board of county commissioners may provide for the registration of the bonds for payment as to principal or interest, or both, and may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium, if any, as may be determined by the board in the ordinance authorizing the issuance of the bonds.
Sec. 3. The board is hereby authorized to sell such bonds at one time, or from time to time, at public or private sale, as the board may determine, for not less than the principal amount thereof and accrued interest; provided, however, that none of the bonds shall be issued, sold or delivered after 3 years from the effective date of this act. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the board may employ legal, fiscal, engineering or other expert services in connection with the acquisition, reconstruction, improvement, extension or betterment of such facilities and with the authorization, issuance and sale of such bonds.
Sec. 4. The general obligation bonds authorized to be issued under the provisions of this act shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines; and, so far as legally possible, within the limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing.
κ1963 Statutes of Nevada, Page 117 (CHAPTER 104, AB 1)κ
limitations of section 2 of article 10 of the constitution of the State of Nevada, the bonds shall be payable as to both principal and interest from taxes, fully sufficient for that purpose, to be levied on all taxable property within the boundaries of the county, and without regard to any statutory tax limitations now or hereafter existing. It shall be the duty of the board and of any other body as may be charged with the duty of levying taxes therein, annually in due season, to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied against the taxable property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of such section 2 of article 10. Nothing herein contained shall be so construed as to prevent the county from applying other funds that may be in the treasury and available for that purpose to the payment of the interest and principal as the same respectively mature, and upon such payments the levy or levies therefor provided may thereupon to that extent be diminished.
Sec. 5. The ordinance or ordinances providing for the issuance of such bonds may state the bonds shall contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 6. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 7. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.
Sec. 8. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
κ1963 Statutes of Nevada, Page 118 (CHAPTER 104, AB 1)κ
Sec. 9. This act being necessary to secure and preserve the public health, safety, and convenience and welfare, it shall be liberally construed to effect its purpose.
Sec. 10. If any provision of this act or the application thereof to any person, association, corporation or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this extent the provisions of this act are declared to be severable.
Sec. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 186Committee on Aviation, Transportation and Highways
CHAPTER 105
AN ACT to amend NRS sections 247.230 to 247.260, inclusive, and 247.280, relating to fees of certain county recorders, by providing that such recorders shall charge no fee for services rendered the state or the county; to amend chapter 247 of NRS, relating to the powers and duties of county recorders, by adding a new section establishing a fee schedule for the county recorder of Elko County; to repeal section 1 of chapter 24, Statutes of Nevada 1963, entitled An Act to amend chapter 247 of NRS, relating to the powers and duties of county recorders, by adding a new section establishing a fee schedule for the county recorder of Elko County; and providing duties for the county recorder of Elko County; to amend NRS sections 247.290 and 247.300, relating to fees of county recorders for chattel mortgages and fees in counties polling under and over 800 votes, by excepting the county recorder of Elko County from the provisions of both sections; and providing other matters properly relating thereto, approved February 27, 1963; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 247.230 is hereby amended to read as follows:
247.230 1. The county recorder of Clark County shall be allowed to charge and collect the following fees:
For receiving, filing and entering documents required to be recorded.. $0.25
For filing and entering any paper not to be recorded............................... .50
For making all necessary indexes to each paper filed or recorded, for each name to be indexed, for five names or less......................................................... .50
For each additional name................................................................. .25
For recording any instrument, paper or document, for each folio.......... .20
If the photostatic method of recording is used, in lieu of 20 cents per folio, the county recorder may charge 75 cents for the first photostated page and 50 cents for each additional page or part of a photostated page.
κ1963 Statutes of Nevada, Page 119 (CHAPTER 105, SB 186)κ
For every certificate under seal.................................................................... $1.00
For every entry of discharge or assignment of mortgage on the margin of the records...................................................................................................... 1.00
For abstract of title, for each document embraced thereby..................... .75
For searching records and files, for each document necessarily examined .................................................................................................................... .25
For recording any survey or map other than a town plat, for each corner .................................................................................................................... .30
For recording town plat, for each lot or separate subdivision exhibited thereby .................................................................................................................... .25
For each folio of lettering or figuring thereon, or in the certificate and description of the same.............................................................. .50
For recording certificates of marriage......................................................... 1.00
For copying of any document, including certificate and seal, for the first signature .................................................................................................................... .75
For each additional signature.......................................................... .25
2. The county recorder shall be allowed to charge and collect for recording or copying any paper in a foreign language double the fees as when in English.
3. No map or plat shall be recorded exceeding in size two folios of the usual size records.
4. The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Clark, or any city or town within Clark County, or any officer thereof in his official capacity. [, except for copying of any document, including certificate and seal, for which the statutory fee shall be paid.]
5. The county recorder 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 he may retain as compensation.
Sec. 2. NRS 247.240 is hereby amended to read as follows:
247.240 1. The county recorder of Lincoln County shall charge and collect the following fees:
For receiving, filing and entering documents required to be recorded.. $0.25
For filing and entering any paper not to be recorded............................... .50
For making all necessary indexes to each paper filed or recorded, for each name to be indexed................................................................................................. .50
For recording any instrument, paper or document, for each folio.......... .30
For every certificate under seal.................................................................... 1.00
For every entry of discharge of mortgage on the margin of records..... .50
For abstract of title, for each document embraced thereby..................... 1.00
For searching records and files, for each document necessarily examined .................................................................................................................... .50
For recording any survey or map other than town plat, for each course .................................................................................................................... .50 For recording town plat, for each lot or separate subdivision exhibited thereby.......................................................... $0.25
κ1963 Statutes of Nevada, Page 120 (CHAPTER 105, SB 186)κ
For recording town plat, for each lot or separate subdivision exhibited thereby .................................................................................................................... $0.25
For each folio of lettering or figuring thereon, or in the certificate and description of the same.............................................................. 1.00
For recording certificates of marriage......................................................... 1.00
For taking acknowledgment, including certificate and seal, for first signature .................................................................................................................... 1.00
For each additional signature.......................................................... .25
For recording, filing and indexing each mining notice or certificate of location .................................................................................................................... 1.00
For filing, recording and indexing each proof of labor or affidavit of assessment work, for the first claim........................................................................... .50
For each and every claim................................................................. .25
But not more than one folio for each proof of labor or affidavit of assessment; if more than one folio a fee of 30 cents per folio shall be charged.
2. The county recorder shall charge and collect:
(a) For a copy of any record or document in his office, the same fees as for recording.
(b) For recording or copying any paper in a foreign language, double the fees as when in English.
3. No map or plat shall be recorded exceeding in size two folios of the usual size records.
4. The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Lincoln, or any city or town within Lincoln County, or any officer thereof in his official capacity.
5. All fees collected under the provisions of this section shall be paid into the county treasury on or before the 5th day of the month next succeeding the month in which such fees are collected; but one-half of the fee charged for an abstract of title shall be retained by the county recorder.
Sec. 3. NRS 247.250 is hereby amended to read as follows:
247.250 1. The county recorder of Mineral County shall be allowed to charge and to collect the following fees:
For filing and entering any paper not to be recorded............................... $0.50
For receiving, filing and entering documents required to be recorded.. .25
For making all necessary indexes to each paper filed or recorded, for each name to be indexed................................................................................................. .25
For recording any instrument, paper or document, for each folio.......... .30
For recording certificate of marriage, death, birth or divorce.................. 1.00
For recording certificate of proofs of labor on mining claims, for the first claim embraced therein..................................................................................... .50
For each additional claim................................................................. .25
For each folio in excess of the first 100 words.............................. .30 For recording each and every notice of mining location ............................................................................. $1.00
κ1963 Statutes of Nevada, Page 121 (CHAPTER 105, SB 186)κ
For recording each and every notice of mining location......................... $1.00
For recording any survey or map, other than town plats, for each course .................................................................................................................... .50
For recording town plats, for each lot or separate subdivision exhibited thereby .................................................................................................................... .25
For each folio of lettering or figuring thereon, or in the certificate and description of the same.............................................................. 1.00
For filing notices of lis pendens, writs of attachment, sheriffs certificates of sale of property on execution............................................................................. 1.00
For every entry of discharge or mortgage on the margin of the record. .50
For searching records and files, for each document necessarily examined .................................................................................................................... .10
For abstract of title, for each document embraced thereby..................... 1.00
For every certificate under seal.................................................................... 1.00
For taking acknowledgment, including certificate and seal, for the first signature .................................................................................................................... 1.00
For each additional signature.......................................................... .25
For recording and filing marks and brands, and making and transmitting any required copies thereof, if new.............................................................. 2.00
If a rerecord of an old mark or brand.............................................. .50
2. The county recorder shall be allowed to charge and collect:
(a) For recording notices of intention to claim exemption from annual assessment work on mining claims, under the provisions of any act of Congress providing therefor, the same fees as for recording certificates of proofs of labor.
(b) For recording or copying any paper in a foreign language, double the fees as when in English.
(c) For a copy of any record or document in his office, the same fees as for recording.
3. No map or plat shall be recorded exceeding in size two folios of the usual size records.
4. No charge shall be made for:
(a) Filing duplicate copies of a treasurers certificate of sale of property for delinquent taxes.
(b) Filing and recording any official bonds required by law to be recorded.
(c) Filing and recording the treasurers deed as trustee of property sold at a delinquent tax sale.
(d) Any deed to the county or state, or any school district.
5. The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Mineral, or any city or town within Mineral County, or any officer thereof in his official capacity.
6. All fees collected by the county recorder shall be paid by him into the county treasury on or before the 5th day of the month next succeeding the month in which such fees are collected.
Sec. 4. NRS 247.260 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 122 (CHAPTER 105, SB 186)κ
247.260 1. The county recorder of Ormsby County shall be entitled to the following fees:
For receiving, filing and entering documents required to be recorded.. $0.25
For filing and entering any paper not to be recorded............................... .50
For making all necessary indexes to each paper filed or recorded, for each name to be indexed................................................................................................. .50
For recording any instrument, paper or document, for each folio.......... .30
For every certificate under seal.................................................................... 1.00
For every entry of discharge of mortgage on the margin of records..... .50
For abstract of title, for each document embraced thereby..................... 1.00
For searching records and files, for each document necessarily examined .................................................................................................................... .50
For recording any survey or map, other than a town plat, for each course .................................................................................................................... .50
For recording town plat, for each lot or separate subdivision exhibited thereby .................................................................................................................... .25
For each folio of lettering or figuring thereon, or in the certificate and description of the same.............................................................. 1.00
For recording certificates of marriage, death, divorce or birth................ 1.00
For certified copy of marriage certificate.................................................... 1.00
For taking acknowledgment, including certificate and seal, for the first signature .................................................................................................................... 1.00
For each additional signature.......................................................... .25
For preparing the abstract of unsatisfied mortgages required by the board of equalization, for each.............................................................................. .25
2. The county recorder shall be allowed to charge and collect:
(a) For a copy of any record or document in his office, the same fees as for recording.
(b) For recording or copying any paper in a foreign language, double the fees as when in English.
3. No map or plat shall be recorded exceeding in size two folios of the usual size records.
4. The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Ormsby, or any city or town within Ormsby County, or any officer thereof in his official capacity.
5. All fees received by the county recorder and ex officio auditor under the provisions of this section shall be accounted for and paid over monthly not later than the 5th day of the month next succeeding the month in which such fees are collected, to the county treasurer for the benefit of the general fund.
Sec. 5. NRS 247.280 is hereby amended to read as follows:
247.280 1. The following fees are fixed and established as the fees to be charged and collected by the county recorder of White Pine County:
κ1963 Statutes of Nevada, Page 123 (CHAPTER 105, SB 186)κ
to be charged and collected by the county recorder of White Pine County:
For receiving, filing and entering documents required to be recorded.. $0.15
For filing and entering any paper not to be recorded............................... .30
For making all necessary indexes to each paper filed or recorded, for each name to be indexed................................................................................................. .30
For recording any instrument, paper or document, for each folio.......... .20
For every certificate under seal.................................................................... .75
For every entry of discharge or assignment of mortgage on the margin of the records...................................................................................................... .25
For abstract of title, for each document embraced thereby..................... .75
For searching records and files, for each document necessarily examined .................................................................................................................... .25
But this charge shall not be included in the charge for the abstract of title.
For recording any survey or map other than a town plat, for each corner .................................................................................................................... .30
For recording town plat, for each lot or separate subdivision exhibited thereby .................................................................................................................... .20
For each folio of lettering or figuring thereon, or in the certificate and description of the same.............................................................. .50
For recording certificates of marriage, death, divorce or birth................ .50
For copying of any document or record in his office, for each folio...... .20
For taking acknowledgment, including certificate and seal, for the first signature .................................................................................................................... .75
For each additional signature.......................................................... .25
For preparing the abstract of unsatisfied mortgages, when requested by the board of equalization, for each......................................................................... .25
2. The county recorder shall be allowed to charge and collect:
(a) For recording or copying any paper in a foreign language, double the fees as when in English.
(b) All other fees which are now or may hereafter be fixed and established by law.
3. No map or plat shall be recorded exceeding in size two folios of the usual size records.
4. The county recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of White Pine, or any city or town within White Pine County, or any officer thereof in his official capacity.
5. On the 5th day of each month the county recorder shall pay to the county treasurer of White Pine County the amount of all fees charged by the county recorder during the preceding month with the exception of fees charged as provided in subsection 1 for abstracts of title, which fees he may retain as compensation for the last-mentioned service.
κ1963 Statutes of Nevada, Page 124 (CHAPTER 105, SB 186)κ
of title, which fees he may retain as compensation for the last-mentioned service.
Sec. 6. Chapter 247 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The county recorder of Elko County shall be allowed to charge and collect the following fees:
For filing and entering documents required to be recorded................ $0.15
For filing and entering any paper not to be recorded........................... .50
For making all necessary indexes to each paper filed or recorded, for each name to be indexed........................................................................................... .30
For recording any instrument, paper or document, for the first page. .75
For each additional page............................................................... .50
For each certificate under seal................................................................... 1.00
For every entry of discharge or assignment of mortgage on the margin of the records...................................................................................................... .50
For recording any survey or map other than a town plat..................... 2.50
For recording town plats............................................................................. 5.00
For recording certificate of marriage, birth or death, or affidavit pertaining to the same........................................................................................................... 1.00
For copying any instrument, paper or document, for the first page of each document.................................................................................................. .75
For each additional page or part of a page............................... .50
2. The county recorder shall not make title searches.
3. The country recorder shall neither charge nor collect any fees for services rendered to the State of Nevada, or the county of Elko, or any city or town within Elko County, or any officer thereof in his official capacity.
4. The county recorder shall be allowed to charge and collect for recording or copying any paper in a foreign language double the fees as when in English.
5. The county recorder 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 he may retain as compensation.
Sec. 7. Section 1 of chapter 24, Statutes of Nevada 1963, is hereby repealed.
Sec. 8. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 125κ
Senate Bill No. 72Senators Lamb, Bay, Frank, Dial, Fransway, Gallagher, Humphrey, Monroe, Lemaire, McGowan, Slattery and Whitacre
CHAPTER 106
AN ACT to amend NRS section 209.350, relating to the employment of convicts at the Nevada state prison, by authorizing the board of state prison commissioners to allow the employment of prisoners in construction, under the supervision of the state planning board, at the state prison and prison farm; and by providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.350 is hereby amended to read as follows:
209.350 1. The board may, in its discretion, cause the prisoners, or any number of them, to be employed in any mechanical pursuits, and at hard labor, and furnish such convicts thus employed with any material that may be deemed necessary, in the same manner as is provided for the furnishing of supplies and stores to the state prison.
2. The board shall, in all respects, have the exclusive control of the employment of the convicts, and may from time to time employ them in such manner as, in its opinion, will best subserve the interest of the state and welfare of the prisoners; but the board shall not permit or allow the employment of any prisoner or prisoners, except in the manner provided for in subsection 3, on any other than public work of general advantage to the state, including road work, construction and reconstruction work at the state prison and the prison farm under the supervision of the state planning board, work on the prison farm, or on any state property, or in any industry adopted by the board for the general employment of the inmates in whole or in part, provided such industry is for the benefit of the state and not for the benefit of the prisoner or prisoners. The board may elect to compensate prisoners for labor supplied in any such industry.
3. On the application of any prisoner who has committed no breach of the prison rules for a period of 3 months preceding the date of the application, and whose application is endorsed by the warden, the board may issue a permit, revocable at any time, permitting the prisoner and none other to employ his own time not within the working hours of the day in the manufacture and the sale by the state on his account of such goods and materials as when fabricated shall not enter into competition with any free labor or any manufactures in the State of Nevada.
4. The purpose of this section is to prevent competition of prisoners with free labor and industry in the State of Nevada, except where such labor and industry inures to the direct benefit of the State of Nevada.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 126κ
Assembly Bill No. 172Mr. Swobe
CHAPTER 107
AN ACT to amend Title 10 of NRS, relating to property rights and transactions, by creating a new chapter relating to condominiums; defining terms; providing for the conveyance and incidents of condominiums, the partition of condominium projects, declarations of restrictions, assessment and other liens, common personality, the interpretation of zoning ordinances and the applicability of zoning laws; to amend chapter 361 of NRS, relating to the property tax, by adding a new section providing for the separate assessment of condominiums; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 10 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 13, inclusive, of this act.
Sec. 2. As used in this chapter:
1. Common areas means the entire project excepting all units therein granted or reserved.
2. Condominium means an estate in real property consisting of an undivided interest in common in portions of a parcel of real property together with a separate interest in space in an apartment, industrial or commercial building or industrial and commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either:
(a) An estate of inheritance or perpetual estate;
(b) An estate for life; or
(c) An estate for years.
3. Project means the entire parcel of real property divided or to be divided into condominiums, including all structures thereon.
4. To divide real property means to divide the ownership thereof by conveying one or more condominiums therein but less than the whole thereof.
5. Unit means the elements of a condominium which are not owned in common with the owners of other condominiums in the project.
Sec. 3. 1. The provisions of this chapter shall apply to property divided or to be divided into condominiums only if there shall be recorded in the county in which such property lies a plan consisting of:
(a) A description or survey map of the surface of the land included within the project;
(b) Diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and approximate dimensions; and
(c) A certificate consenting to the recordation of such plan pursuant to this chapter signed and acknowledged by the record owner of such property and by all record holders of security interests therein.
κ1963 Statutes of Nevada, Page 127 (CHAPTER 107, AB 172)κ
to this chapter signed and acknowledged by the record owner of such property and by all record holders of security interests therein.
2. Such plan may be amended or revoked by a subsequently acknowledged recorded instrument executed by the record owner of such property and by all record holders of security interests therein. Until recordation of a revocation, the provisions of this chapter shall continue to apply to such property.
3. The term record owner as used in this section includes all of the record owners of such property at the time of recordation, but does not include holders of security interests, mineral interests, easements or rights-of-way.
Sec. 4. Unless otherwise expressly stated therein, any transfer or conveyance of a unit, or an apartment, office or store which is a part of a unit shall be presumed to convey the entire condominium.
Sec. 5. Unless otherwise expressly provided in the deeds, declaration of restrictions or plan, the incidents of a condominium grant are as follows:
1. The boundaries of the unit granted are the interior surfaces of the perimeter walls, floors, ceilings, windows and doors thereof, and the unit includes both the portions of the buildings so described and the airspace so encompassed. The following are not part of the unit: Bearing walls, columns, floors, roofs, foundations, elevator equipment and shafts, central heating, central refrigeration and central air conditioning equipment, reservoirs, tanks, pumps and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within the unit. In interpreting deeds and plans the existing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the building.
2. The common areas are owned by the owners of the unit as tenants in common in equal shares, one for each unit.
3. A nonexclusive easement for ingress, egress and support through the common areas is appurtenant to each unit and the common areas are subject to such easements.
4. Each condominium owner shall have the exclusive right to paint, repaint, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his own unit.
Sec. 6. 1. Where several persons own condominiums in a condominium project, an action may be brought pursuant to NRS 39.010 to 39.490, inclusive, by one or more of such persons for partition thereof by sale of the entire project, as if the owners of all of the condominiums in such project were tenants in common in the entire project in the same proportion as their interests in the common areas, but a partition shall be made only upon the showing that:
κ1963 Statutes of Nevada, Page 128 (CHAPTER 107, AB 172)κ
(a) Three years after damage or destruction to the project which renders a material part thereof unfit for its use prior thereto, the project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or
(b) Three-fourths or more of the project has been destroyed or substantially damaged, and that condominium owners holding in aggregate more than 50-percent interest in the common areas are opposed to repair or restoration of the project; or
(c) The project has been in existence in excess of 50 years, that it is obsolete and uneconomic, and that condominium owners holding in aggregate more than 50-percent interest in the common areas are opposed to repair or restoration of the project; or
(d) Conditions for such a partition by sale set forth in restrictions entered into with respect to such project have been met.
2. Except as provided in subsection 1, the common areas shall remain undivided, and there shall be no judicial partition thereof. Nothing herein shall be deemed to prevent partition of a cotenancy in a condominium.
Sec. 7. The owner of a project may, prior to the conveyance of any condominium therein, record a declaration of restrictions relating to such project, which restrictions shall be enforcible equitable servitudes where reasonable. Such servitudes, unless otherwise provided, may be enforced, by any owner of a condominium in the project, and may provide, among other things:
1. For the management of the project by one or more of the following management bodies:
(a) The condominium owners;
(b) A board of governors elected by the owners; or
(c) A management agent elected by the owners or the board or named in the declaration.
2. For voting majorities, quorums, notices, meeting dates and other rules governing such body or bodies.
3. As to any such management body:
(a) For the powers thereof, including power to enforce the provisions of the declaration of restrictions;
(b) For maintenance by it of fire, casualty, liability, workmens compensation and other insurance insuring condominium owners, and for bonding of the members of any management body;
(c) For provision by it of and payment by it for maintenance, utility, gardening and other services benefiting the common areas, for employment of personnel necessary for operation of the building, and legal and accounting services;
(d) For purchase by it of materials, supplies and the like and for maintenance and repair of the common areas;
(e) For payment by it of taxes which would be a lien upon the entire project or common areas, and for discharge by it of any lien or encumbrance levied against the entire project or common areas;
(f) For payment by it for reconstruction of any portion or portions of the project damaged or destroyed;
(g) For delegation by it of its powers;
κ1963 Statutes of Nevada, Page 129 (CHAPTER 107, AB 172)κ
(h) For entry by it or its agents into any unit when necessary in connection with maintenance or construction for which such body is responsible; and
(i) For the power of the management body to sell the entire project for the benefit of all of the owners thereof when partition of the project may be had under section 6 of this act, which power shall be binding upon all of the owners, whether they assume the obligations of the restrictions or not.
4. For amendments of such restrictions, which amendments, if reasonable and made upon vote or consent of a majority in interest of the owners in the project given after reasonable notice, shall be binding upon every owner and every condominium subject thereto, whether the burdens thereon are increased or decreased thereby, and whether the owner of each and every condominium consents thereto or not.
5. For independent audit of the accounts of any management body.
6. For reasonable assessments to meet authorized expenditures of any management body, and for a reasonable method for notice and levy thereof, each condominium to be assessed separately for its share of such expense in proportion (unless otherwise provided) to its owners fractional interest in any common areas, and for the subordination of the liens securing such assessments to other liens either generally or specifically described.
7. For the conditions upon which partition may be had of the project pursuant to section 6 of this act. Such right to partition may be conditioned upon failure of the condominium owners to elect to rebuild within a certain period, specified inadequacy of insurance proceeds, specified damage to the building, a decision of an arbitrator, or upon any other reasonable condition; and
8. For restrictions upon the severability of the component interests in real property which comprise a condominium. No such restrictions shall extend beyond the period in which the right to partition a project is suspended under section 6 of this act.
Sec. 8. 1. A reasonable assessment upon any condominium made in accordance with a recorded declaration of restrictions permitted by section 7 of this act shall be a debt of the owner thereof at the time the assessment is made. The amount of any such assessment plus any other charges thereon, such as interest, costs (including attorneys fees), and penalties, as such may be provided for in the declaration of restrictions, shall be and become a lien upon the condominium assessed when the management body causes to be recorded with the county recorder of the county in which such condominium is located a notice of assessment, which shall state:
(a) The amount of such assessment and such other charges thereon as may be authorized by the declaration of restrictions;
(b) A description of the condominium against which the same has been assessed; and
(c) The name of the record owner thereof.
Such notice shall be signed by an authorized representative of the management body or as otherwise provided in the declaration of restrictions.
κ1963 Statutes of Nevada, Page 130 (CHAPTER 107, AB 172)κ
management body or as otherwise provided in the declaration of restrictions. Upon payment of the assessment and charges in connection with such notice has been so recorded, or other satisfaction thereof, the management body shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof.
2. Such lien shall be prior to all other liens recorded subsequent to the recordation of the notice of assessment except that the declaration of restrictions may provide for the subordination thereof to any other liens and encumbrances.
Unless sooner satisfied and released or the enforcement thereof initiated as provided in subsection 3, such lien shall expire and be of no further force or effect 1 year from the date of recordation of the notice of assessment, but the 1-year period may be extended by the management body for not to exceed 1 additional year by recording a written extension thereof.
3. Such lien may be enforced by sale by the management body, its agent or attorney, after failure of the owner to pay such an assessment in accordance with the terms, such sale to be conducted in accordance with the provisions of Covenants Nos. 6, 7 and 8 of NRS 107.030, and NRS 107.080 and 107.090, applicable to the exercise of powers of sale in deeds of trust, or in any other manner permitted by law. Unless otherwise provided in the declaration of restrictions, the management body shall have power to bid in the condominium at foreclosure sale and to hold, lease, mortgage and convey the same.
Sec. 9. No labor performed or services or materials furnished with the consent of or at the request of a condominium owner or his agent or his contractor or subcontractor shall be the basis for the filing of a lien against the condominium of any other condominium owner, or against any part thereof, or against any other property of any other condominium owner, unless such other owner has expressly consented to or requested the performance of such labor or furnishing of such materials or services. Such express consent shall be deemed to have been given by the owner of any condominium in the case of emergency repairs thereto. Labor performed or services or materials furnished for the common areas, if duly authorized by a management body provided for in a declaration of restrictions governing the property, shall be deemed to be performed or furnished with the express consent of each condominium owner. The owner of any condominium may remove his condominium from a lien against two or more condominiums or any part thereof by payment to the holder of the lien of the fraction of the total sum secured by such lien which is attributable to his condominium.
Sec. 10. Unless otherwise provided by a declaration of restrictions under section 7 of this act, the management body, of any, provided for therein, may acquire and hold, for the benefit of the condominium owners, tangible and intangible personal property and may dispose of the same by sale or otherwise; and the beneficial interest in such personal property shall be owned by the condominium owners in the same proportion as their respective interests in the common areas, and shall not be transferable except with a transfer of a condominium.
κ1963 Statutes of Nevada, Page 131 (CHAPTER 107, AB 172)κ
owners in the same proportion as their respective interests in the common areas, and shall not be transferable except with a transfer of a condominium. A transfer of a condominium shall transfer to the transferee ownership of the transferors beneficial interest in such personal property.
Sec. 11. Any deed, declaration or plan for a condominium project shall be liberally construed to facilitate the operation of the project, and its provisions shall be presumed to be independent and severable.
Sec. 12. Unless a contrary intent is clearly expressed, local zoning ordinances shall be construed to treat like structures, lots or parcels in like manner regardless of whether the ownership thereof is divided by sale of condominiums or into community apartments rather than by lease of apartments, offices or stores.
Sec. 13. 1. A condominium project consisting of five or more units shall be deemed to be a subdivision of land within the meaning of NRS 278.320, but only NRS 278.330, 278.340, 278.350, 278.360, 278.370, 278.380, 278.390, subsection 1 of NRS 278.400, subsections 1, 2, 3, 4, 5, 7, 8, 9 and 10 of NRS 278.410 and NRS 278.420, 278.430, 278.450, 278.460, 278.470, 278.480 and 278.490 shall be applicable to such condominium projects.
2. A condominium project consisting of four units or less shall be deemed to be a subdivision within the meaning of NRS 278.500, but only NRS 278.500, 278.510, 278.530, 278.540, 278.550 and subsection 1 of NRS 278.560 shall be applicable to such condominium projects.
3. Tentative or final maps or records of survey required to be prepared and recorded by any of the statutory sections listed in subsections 1 and 2 of this section shall conform with the requirements of section 3 of this act. The sections of NRS listed in subsections 1 and 2 of this section and all other sections of NRS which are deemed applicable to condominiums or condominium projects shall be liberally construed to avoid unreasonable and unduly technical application of such sections to condominiums and condominium projects, and to encourage the establishment of condominiums and condominium projects in Nevada.
Sec. 14. Chapter 361 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Whenever real estate has been divided into condominiums, as defined in subsection 2 of section 2 of this act, each condominium shall be separately assessed to the owner thereof, and the tax on each condominium shall constitute a lien solely thereon.
________
κ1963 Statutes of Nevada, Page 132κ
Assembly Bill No. 126Committee on Ways and Means
CHAPTER 108
AN ACT to amend NRS section 336.110, relating to the motor pool revolving fund, by creating the motor pool working capital fund; and by providing for the uses of the motor pool working capital fund; transferring funds; making an appropriation; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 336.110 is hereby amended to read as follows:
336.110 1. There is hereby created in the state treasury a continuing fund to be known as the motor pool [revolving] working capital fund in the amount of [$2,000] $9,500. No moneys in such fund shall revert to the general fund at any time. Moneys from the motor pool working capital fund shall be paid out on claims as other claims against the state are paid. Such claims shall be made in accordance with budget and quarterly work allotments and subject to preaudit examination and approval.
2. All operating, maintenance, [and] repair and replacement costs for vehicles assigned to the state motor pool shall be paid from the [revolving] motor pool working capital fund.
3. All agencies using vehicles of the state motor pool shall pay a fee for such use and a proportionate share of operational costs in an amount determined by the executive officer. The formula for spreading costs of operation shall be adjusted from time to time as may be necessary to replace worn vehicles, pay vehicle costs, defray the costs of motor pool operation, and preserve the fund as nearly as practicable at the level of $9,500.
4. All fees, costs and other moneys received by the state motor pool, including all proceeds from the sale of vehicles, shall be deposited in the motor pool [revolving] working capital fund.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the motor pool working capital fund the sum of $7,500. Any moneys remaining in the motor pool revolving fund on the effective date of this act are hereby transferred to the motor pool working capital fund.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 133κ
Assembly Bill No. 127Committee on Ways and Means
CHAPTER 109
AN ACT to amend chapter 331 of NRS, relating to the state department of buildings and grounds, by adding a new section creating the mail service working capital fund; and providing for the sources of the fund; to amend NRS section 331.105, relating to the central mailing room, by providing that revenue received from state officers, departments and agencies shall be deposited in the mail service working capital fund; making an appropriation; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 331 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The mail service working capital fund is hereby created in the state treasury in the amount of $7,500. The mail service working capital fund shall be a continuing fund and no moneys in such fund shall revert to the general fund at any time. Moneys from the mail service working capital fund shall be paid out on claims as other claims against the state are paid. Such claims shall be approved by the superintendent of the state department of buildings and grounds. Claims shall be made in accordance with budget and quarterly work allotments and subject to preaudit examination and approval.
2. All revenue resulting from postage sold to state officers, departments and agencies and from charges for proportionate costs of operation shall be deposited in the mail service working capital fund.
3. The formula for spreading costs of operation shall be adjusted from time to time as necessary to preserve the fund at the level provided in subsection 1 as nearly as is practicable.
Sec. 2. NRS 331.105 is hereby amended to read as follows:
331.105 1. The superintendent shall establish and conduct a central mailing room for all state officers, departments and agencies located at Carson City, Nevada, and supported in whole or in part by legislative appropriation from the general fund in the state treasury.
2. Any state officer, department or agency not supported in whole or in part by legislative appropriation from the general fund in the state treasury may use the central mailing room facilities if such state officer, department or agency pays the cost of such use as determined by the superintendent. Moneys collected from such state officers, departments or agencies for use of the central mailing room facilities shall be deposited in the [general] mail service working capital fund in the state treasury.
3. The staff of the central mailing room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the statute revision commission, other than interoffice mail, of all state officers, departments and agencies using the central mailing room facilities.
κ1963 Statutes of Nevada, Page 134 (CHAPTER 109, AB 127)κ
4. Funds to carry out the provisions of this section shall be provided by direct legislative appropriation from the general fund in the state treasury.
Sec. 3. There is hereby appropriated from the general fund in the state treasury to the mail service working capital fund the sum of $7,500.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 47Committee on State, County and City Affairs
CHAPTER 110
AN ACT to amend chapter 268 of NRS, relating to powers and duties common to cities incorporated under general or special laws, by adding a new section requiring that invitations for sealed bids of an amount of $1,500 or more be published for the purchase of goods and services for an incorporated city; providing for informal bids in certain situations and for the waiver of required notice publication in cases of emergency; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Except as otherwise provided by law, all purchases of goods or services of every kind or description by any incorporated city, whether organized under the general law or by special charter, shall be made in the manner provided in this section.
2. Informal bids may be required by the governing body of the city on all purchases over $100 and less than $1,500.
3. Sealed bids shall be required on each purchase amounting to $1,500 or more. Invitation for such sealed bids shall be published in at least two issues of a newspaper published in the county and having a general circulation in the city, and such invitation shall call for sealed bids not less than 5 days after the last date of publication thereof. A bond furnished by a surety company authorized to do business in this state may be required by the governing body for the proper performance of the contract. The governing body may require a certified check, cash or bond of 5 percent of the total amount of the bid submitted, provided such requirement shall apply to each bidder. All contracts of $1,500 or more shall be let by the governing body to the lowest responsible bidder, except that the governing body may reject any and all bids if so stated in the invitation for bids.
4. In case of emergencies due to acts of God or other unforeseeable circumstances the provisions for publication and invitation for sealed bids may be waived by the governing body.
________
κ1963 Statutes of Nevada, Page 135κ
Assembly Bill No. 263Mr. Viani
CHAPTER 111
AN ACT authorizing and directing the state land register to sell for cash or by contract of sale certain described state lands situated in Mineral County, Nevada, to the County of Mineral, a political subdivision of the state, for a sale price of $5,397.02; and providing other matters properly relating thereto.
[Approved March 25, 1963]
Whereas, The State of Nevada owns the following described land situated and lying in Mineral County, Nevada: The N 1/2, the SE 1/4, the N 1/2 of the SW 1/4 and the SW 1/4 of the SW 1/4 of Section 17, T. 8 N., R. 32 E., M.D.B. & M., and Lot 1 of the NW 1/4, Lot 2 of the NW 1/4, Lot 3 of the SW 1/4, Lot 4 of the SW 1/4, the E 1/2 of the W 1/2 and the E 1/2 of Section 18, T. 8 N., R. 32 E., M.D.B & M.; and
Whereas, The above-described land consists of 1,229.34 acres, 450 acres of which have been appraised at the present market value of $3 an acre or a total sum of $1,350, and 779.34 acres of which have been appraised at the present market value of $5 an acre or a total sum of $3,896.70; and
Whereas, The state land register has caused the appraisal of the value of the above-described lands to be made at a cost of $123 with attendant publication costs of $27.20, paid from the state land register appraisal and publication revolving fund; and
Whereas, Mineral County, a political subdivision of the state, desires to purchase such lands from the State of Nevada and it is proper that the same be sold by the state to the county for county purposes; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 321.335 or any other law, the state land register is authorized and directed to sell the following described state land situated and lying in Mineral County, Nevada, to the County of Mineral, a political subdivision of this state, for the sale price of $5,397.02: The N 1/2, the SE 1/4, the N 1/2 of the SW 1/4 and the SW 1/4 of the SW 1/4 of Section 17, T. 8 N., R. 32 E., M.D.B. & M., and Lot 1 of the NW 1/4, Lot 2 of the NW 1/4, Lot 3 of the SW 1/4, Lot 4 of the SW 1/4, the E 1/2 of the W 1/2 and the E 1/2 of Section 18, T. 8 N., R. 32 E., M.D.B. & M.
Sec. 2. The terms of the sale of the lands herein authorized and directed may be:
1. For cash; or
2. Pursuant to contract of sale. The contract of the sale shall require that one-fifth of the purchase price shall be paid upon the execution of the contract, the remainder of the purchase price to be paid in 25 years from the date of the contract, with interest at the rate of 6 percent per annum, interest payable annually, but the County of Mineral may, at any time prior to the maturity of such contract, make full payment of the principal and interest due under the terms of the contract and receive a patent in the name of the county.
κ1963 Statutes of Nevada, Page 136 (CHAPTER 111, AB 263)κ
contract and receive a patent in the name of the county. If any installment of principal or interest remains unpaid for a period of 6 months after the same was due and payable under the contract, such contract shall immediately be declared forfeited.
Sec. 3. Notwithstanding the provisions of NRS 244.275, the board of county commissioners of Mineral County may waive the appraisal of any land they may purchase pursuant to the provisions of this act.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 198Committee on Roads, Transportation and Aviation
CHAPTER 112
AN ACT to amend NRS section 482.220, relating to inspection certificates for certain motor vehicles, by providing that inspection shall be performed at service stations designated by the department of motor vehicles as authorized inspection agents; by providing fees; and by providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.220 is hereby amended to read as follows:
482.220 1. If the vehicle to be registered shall be a specifically constructed, reconstructed or foreign vehicle, such fact shall be stated in the application; and with reference to every foreign vehicle which has been registered theretofore outside of this state, the owner shall exhibit to the department the certificate of title and registration card or other evidence of such former registration as may be in the applicants possession or control or such other evidence as will satisfy the department that the applicant is the lawful owner or possessor of the vehicle.
2. Such application shall be accompanied by a motor vehicle inspection certificate signed by a representative of the department or [an approved agent.] an owner or employee of any service station designated by the department as one of its authorized inspection agents.
3. The department or any of its authorized inspection agents shall be entitled to charge [50 cents] $1 for inspection of [such vehicles.] any such vehicle.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 137κ
Senate Bill No. 36Committee on Judiciary
CHAPTER 113
AN ACT to amend NRS section 41.200, relating to compromise by parents of disputed claims for money by a minor against a third person, by providing that if the parents of the minor are living separate and apart and the mother has care or custody of the minor, the mother shall have the right to compromise such claim, or if a guardian of the minor has been appointed, the guardian shall have the right to compromise such claim; and by providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.200 is hereby amended to read as follows:
41.200 1. Where a minor shall have a disputed claim for money against a third person, the father, [and] or if the father be dead or [has deserted or abandoned the minor,] the parents of the minor are living separate and apart and the mother has care or custody of the minor, then the mother of the minor, or if a general guardian or guardian of the estate of such minor has been appointed, then such guardian, shall have the right to compromise such claim, but before the compromise shall be valid or of any effect the same shall be approved by the district court of the county where the minor resides, or in the event that the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court. If the court approves such compromise, the district court may direct the money to be paid to the father, [or] mother or guardian of such minor, with or without the filing of any bond, or it may require a general guardian or guardian ad litem to be duly appointed and the money to be paid to such guardian or guardian ad litem with or without a bond as in the discretion of the court seems to the best interests of the minor.
2. The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the same upon the calendar to be heard by the court.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 138κ
Senate Bill No. 189Senator Whitacre
CHAPTER 114
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Lyon County, Nevada; regulating the employment and compensation of deputies and other employees of county officers; repealing all acts and parts of acts in conflict herewith; and other matters properly relating thereto, approved February 7, 1955, as amended.
[Approved March 25, 1963]
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 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1961, at page 152, is hereby amended to read as follows:
Section 2. District Attorney.
1. The district attorney of Lyon County, Nevada, shall receive an annual salary of [$6,600] $7,200 for all his services as such officer.
2. The district attorney is hereby authorized and empowered:
(a) To employ one person to act as his secretary, who shall receive as salary an amount set by the board of county commissioners.
(b) To employ deputies, investigators, clerks and other assistants, who shall receive as salaries amounts set by the board of county commissioners, provided the board of county commissioners shall deem the employment of such persons necessary.
3. The district attorney shall be allowed only his actual expenses while attending to official business of the county or state, but no claim for expenses, any part of which pertains to any private matter or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Lyon County or any governmental agency.
Sec. 2. Section 3 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1961, at page 152, is hereby amended to read as follows:
Section 3. Sheriff.
1. The sheriff of Lyon County, Nevada, shall receive an annual salary of [$6,600.] $7,200. He shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature.
2. When it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties. He shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
3. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed.
κ1963 Statutes of Nevada, Page 139 (CHAPTER 114, SB 189)κ
4. The sheriff of Lyon County, Nevada, may, subject to the approval of the board of county commissioners, employ one under-sheriff who shall receive an annual salary not to exceed [$5,400,] $6,000, and such other deputies as the board of county commissioners shall deem necessary, each of whom shall receive an annual salary not to exceed [$5,400.] $6,000.
Sec. 3. Section 4 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1961, at page 153, is hereby amended to read as follows:
Section 4. Assessor.
1. The assessor of Lyon County, Nevada, shall receive an annual salary of [$6,600.] $7,200.
2. When it becomes necessary in the discharge of his official duties for the assessor to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties, and he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties.
3. The assessor of Lyon County, Nevada, may appoint a deputy who shall receive an annual salary not to exceed [$5,400.] $6,000.
Sec. 4. Section 5 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1961, at page 153, is hereby amended to read as follows:
Section 5. County Clerk and Ex Officio Treasurer.
1. The county clerk and ex officio treasurer of Lyon County, Nevada, and ex officio clerk of the district court of the First Judicial District of the State of Nevada, in and for the County of Lyon, shall receive an annual salary of [$6,600.] $7,200.
2. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature.
3. The county clerk and ex officio treasurer may appoint one deputy who shall receive compensation in an amount not to exceed [$5,400] $6,000 a year.
Sec. 5. Section 6 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1961, at page 153, is hereby amended to read as follows:
Section 6. County Recorder an Ex Officio Auditor.
1. The county recorder and ex officio auditor of Lyon County, Nevada, shall receive an annual salary of [$6,600] $7,200 for all his services as such officer.
2. He shall pay into county treasury each month all moneys collected by him as fees, without deduction of any nature.
3. The county recorder and ex officio auditor may appoint one deputy who shall receive compensation in an amount not to exceed [$5,400] $6,000 a year.
Sec. 6. Section 7 of the above-entitled act, being chapter 4, Statutes of Nevada 1955, as last amended by chapter 114, Statutes of Nevada 1961, at page 154, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 140 (CHAPTER 114, SB 189)κ
Section 7. County Commissioners. The county commissioners of Lyon County, Nevada, shall each receive:
1. An annual salary of [$2,700] $3,000 which shall be in full compensation for all services whatsoever required of such commissioners.
2. Not to exceed 10 cents per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; but no such allowance shall be made to any commissioner residing at the county seat.
Sec. 7. This act shall become effective on the first day of the first month following its passage and approval.
________
Senate Bill No. 62Senators Lamb, Slattery and Lemaire
CHAPTER 115
AN ACT to amend NRS sections 467.040, 467.055, 467.060 and 467.120, relating to the Nevada athletic commission, its funds, compensation and expenses of its members and employees, and contracts of contestants, by authorizing the commission to employ a full-time executive secretary; by providing that the executive secretary shall not be a member of the commission; and by providing other matters properly relating thereto.
[Approved Mach 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 467.040 is hereby amended to read as follows:
467.040 1. The commission [shall appoint one of its members as secretary-treasurer of the commission.] may employ an executive secretary, who shall not be a member of the commission, and may serve as a full-time employee.
2. There is hereby created in the state treasury a special fund designated as the Nevada athletic commission fund. All moneys received by the [secretary-treasurer] executive secretary or the commission pursuant to the provisions of this chapter shall be paid into such fund and shall be expended solely for the enforcement of the provisions of this chapter.
Sec. 2. NRS 467.055 is hereby amended to read as follows:
467.055 1. Members of the commission and its inspectors, when authorized by the chairman, shall receive as compensation $25 for each day on which a contest or exhibition is held and for each full-day commission meeting.
2. The [secretary-treasurer] executive secretary of the commission shall receive as compensation [, in addition to the amount provided in subsection 1,] an amount fixed by the commission not to exceed $700 per month. [Such amount shall not exceed $150 per month.]
Sec. 3. NRS 467.060 is hereby amended to read as follows:
467.060 1. Members of the commission, [or] its inspectors [,] and its executive secretary, when authorized by the chairman, shall be entitled to receive necessary traveling expenses in the transaction of the business of the commission.
κ1963 Statutes of Nevada, Page 141 (CHAPTER 115, SB 62)κ
and its executive secretary, when authorized by the chairman, shall be entitled to receive necessary traveling expenses in the transaction of the business of the commission. Such expenses shall include traveling expenses and subsistence allowances in the amount provided by law for other state officers and employees.
2. No authority shall be granted by the chairman for any travel unless funds are available in the Nevada athletic commission fund with which to pay the expenses incurred.
Sec. 4. NRS 467.120 is hereby amended to read as follows:
467.120 1. Every contestant competing under the terms of this chapter or regulation of the commission shall be entitled to receive and shall receive a copy of a written contract or agreement approved as to form by the commission binding the licensee to pay the contestant a certain fixed fee or percentage of the gate receipts.
2. One copy of such agreement shall be filed with the [secretary-treasurer] executive secretary of the commission and one copy shall be retained by the licensee or sponsor of the contest.
3. The inspector or member of the commission in attendance at the contest shall determine whether such agreement has been delivered to each contestant and may require that a sufficient amount of the gate receipts be impounded to pay contestants according to such agreement.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 46Mr. Gibson
CHAPTER 116
AN ACT to amend NRS sections 266.220, 266.623 and 266.626, relating to election of councilmen, nomination of candidates and primary and general elections in cities incorporated under general laws, by allowing city councils of cities of the second class to provide for election of councilmen at large from the wards in which they reside; and by providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.220 is hereby amended to read as follows:
266.220 1. Except as provided in subsection 3, councilmen shall be chosen by the qualified electors of their respective wards.
2. In cities of the first class, the city council shall be composed of nine councilmen, one from each ward and one elected by the electors of the city at large. In cities of the second class, the city council shall be composed of five councilmen, one from each ward. In cities of the third class, the city council shall be composed of three councilmen, one from each ward.
3. In cities of the second and third [class,] classes, the council may by ordinance provide that councilmen shall be voted upon by the electors of the city at large, but shall reside in the ward to be represented by them.
κ1963 Statutes of Nevada, Page 142 (CHAPTER 116, AB 46)κ
by ordinance provide that councilmen shall be voted upon by the electors of the city at large, but shall reside in the ward to be represented by them. If the council adopts such an ordinance, the ordinance shall not be amended or repealed until at least two consecutive elections have been conducted pursuant to such ordinance.
Sec. 2. NRS 266.623 is hereby amended to read as follows:
266.623 1. A primary city election shall be held in each city of the first and second classes on the 1st Tuesday after the 1st Monday in May of every year in which a general city election is to be held, at which time there shall be nominated candidates for offices to be voted for at the next general city election.
2. A candidate for any office to be voted for at the primary city 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 in an amount fixed by the city council by ordinance. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city.
3. All candidates, except [candidates for councilmen,] as provided in NRS 266.220, 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 chapter, and from which they file their candidacy.]
4. If in the primary city election one candidate receives more than a majority of votes cast in the election for the office for which he is a candidate his name alone shall be placed on the ballot for the general city election. If in the primary city election no candidate receives a majority of votes cast in that election for the office for which he is a candidate, the names of the two candidates receiving the highest numbers of votes shall be placed on the ballot for the general city election.
Sec. 3. NRS 266.626 is hereby amended to read as follows:
266.626 A general city election shall be held in each city of the first and second classes on the 1st Tuesday after the 1st Monday in June of the first odd-numbered year after incorporation, and on the same day every 2 or 4 years thereafter as determined by law, ordinance or resolution, at which time there shall be elected such elective city officers, the offices of which are required next to be filled by election. All candidates, except [candidates for councilmen,] as provided in NRS 266.220, 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 chapter.]
Sec. 4. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 143κ
Senate Bill No. 60Senator Dodge
CHAPTER 117
AN ACT to amend chapters 218, 623, 624, 625, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 640, 642, 643, 644 and 645 of NRS, relating to the state legislative department and certain professions, occupations and businesses, by adding new sections requiring independent audits by public accountants of the fiscal records of such boards and commissions; providing for audits by the legislative auditor under certain conditions; requiring such boards and commissions to operate on the basis of a fiscal year; providing for salaries and expenses of members of such boards and commissions; and authorizing such boards and commissions to maintain offices in as many localities in the state as they find necessary and to employ attorneys and other professional consultants and clerical personnel necessary to the discharge of their duties; to amend NRS sections 281.160, 623.070, 623.090, 623.135, 623.160, 623.170, 624.110, 624.140, 624.150, 625.110, 625.120, 625.150, 628.090, 628.110, 628.140, 629.050, 630.110, 631.180, 631.190, 632.060, 632.080, 632.090, 633.020, 633.030, 634.050, 635.020, 635.040, 636.075, 636.090, 636.100, 636.110, 637.050, 637.060, 637.070, 638.040, 638.050, 638.070, 638.080, 639.050, 639.070, 639.290, 640.050, 640.070, 642.030, 642.070, 643.030, 643.050, 643.060, 644.070, 644.080, 644.150, 644.170, 645.110, 645.130 and 645.140, relating to the boards and commissions which regulate certain professions, occupations and businesses, by making an exception to the general law relating to travel expenses and subsistence allowances of state officers and employees; by providing for salaries and expenses of the members of such boards and commissions, authorizing such boards and commissions to maintain offices in as many localities in the state as they find necessary; by authorizing such boards and commissions to employ attorneys and other professional consultants and clerical personnel necessary to the discharge of their duties; and by requiring such boards and commissions to deposit their funds in banks or savings and loan associations in the State of Nevada; and providing other matters properly relating thereto.
[Approved March 25, 1963]
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. Each of the boards and commissions created by the provisions of chapters 623 to 625, inclusive, and chapters 628 to 645, inclusive, of NRS shall engage the services of an independent certified public accountant or public accountant, or firm of either of such accountants, to audit all of its fiscal records once each year between June 30 and December 1 for the preceding fiscal year. The cost of the audit shall be paid by the board or commission audited.
2. A report of each such audit shall be filed with the legislative auditor and the budget director on or before December 1 of each year. The legislative auditor shall prescribe the shape, size and general style or makeup of the report.
3. The legislative auditor may audit the fiscal records of any such board or commission only if the legislative commission is dissatisfied with the independent audit and directs the legislative auditor to perform an audit. The cost of any such audit shall be paid by the legislative counsel bureau.
Sec. 2. NRS 281.160 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 144 (CHAPTER 117, SB 60)κ
281.160 1. [When] Except as otherwise provided by law, when any district judge, state officer, commissioner, representative of the state, or other state employee of any office, department, board, commission, bureau, agency or institution operating by authority of law, and supported in whole or in part by any public funds, whether the public funds or funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to $15 for each 24-hour period during which he is away from such office.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. Such persons may also receive an allowance for transportation. Transportation shall be by the most economical means, considering total cost, time spent in transit and the availability of state-owned automobiles. The allowance for travel by private conveyance is 10 cents per mile so traveled.
4. The state board of examiners may adopt regulations, and may require other state agencies to adopt regulations, in accordance with the purpose and intent of this section, and a state agency may, with the approval of the state board of examiners, adopt an expense reimbursement rate of less than $15 for each 24-hour period where unusual circumstances make such rate desirable.
5. Before any district judge, state officer, commissioner, representative or other employee of the state shall travel on official business outside the state, he shall make written request for and receive permission for such travel as provided in this subsection. Requests shall be submitted, on forms approved by the state board of examiners, to the director of the budget at least 10 working days prior to the beginning of travel and no travel shall be authorized except after having been approved by the director of the budget. The director of the budget may refuse permission for such travel only if there are insufficient funds for out-of-state travel or if the method of travel does not conform to the regulations approved by the state board of examiners. If the director of the budget disapproves such request for permission to travel, the applicant therefor may appeal the decision to the state board of examiners, whose decision shall be rendered at its next regular meeting. Such determination shall be final. In emergencies, the director of the budget, upon good cause shown by the applicant, may consider requests for travel submitted to him less than 10 working days prior to the beginning of travel. Claims for reimbursement for travel which is not approved by the director of the budget shall be considered by the state board of examiners at a regular meeting.
Sec. 3. (There is no section of this number.)
Sec. 4. Chapter 623 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1963 Statutes of Nevada, Page 145 (CHAPTER 117, SB 60)κ
The board shall operate in the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 5. NRS 623.070 is hereby amended to read as follows:
623.070 1. The board shall serve without pay or remuneration for subsistence and travel until such time as there are sufficient sums in the funds of the board to provide for the same.
2. Thereafter each member of the board shall receive from the funds of the board:
(a) A salary of [$10 for each days attendance at each meeting of the board.
(b) The subsistence and travel allowances as fixed by law.] not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(c) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 6. NRS 623.090 is hereby amended to read as follows:
623.090 1. The board may provide its own quarters, in which case it shall bear the expenses incident to their maintenance.
2. The board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
Sec. 7. NRS 623.135 is hereby amended to read as follows:
623.135 The board may employ legal counsel, investigators and other professional consultants and clerical employees necessary to the discharge of its duties, and may fix the compensation therefor.
Sec. 8. NRS 623.160 is hereby amended to read as follows:
623.160 All fees provided for by the provisions of this chapter shall be paid to and receipted for by the secretary of the board, [and shall be paid by him monthly into the state treasury to the credit of a separate fund to be known as the architecture fund. The fund shall be continued from year to year and except as provided in this chapter] who shall deposit the fees in banks or savings and loan associations in the State of Nevada. Fees so deposited shall be drawn against only for the purposes of this chapter.
Sec. 9. NRS 623.170 is hereby amended to read as follows:
623.170 All expenses incurred by the board shall be paid on claims signed by the chairman and secretary of the board. [, and paid as other claims against the state are paid, out of the continuing special fund in the state treasury provided for in this chapter.]
Sec. 10. Chapter 624 of NRS is hereby amended by adding thereto the provisions set forth as sections 11 and 12 of this act.
Sec. 11. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 12. The board may employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
Sec. 13. NRS 624.110 is hereby amended to read as follows:
624.110 The board [shall maintain an office] may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter, but it shall maintain one office in which there shall be at all times open to public inspection a complete record of applications, licenses issued, licenses renewed and all revocations, cancellations and suspensions of licenses.
κ1963 Statutes of Nevada, Page 146 (CHAPTER 117, SB 60)κ
in as many localities in the state as it finds necessary to carry out the provisions of this chapter, but it shall maintain one office in which there shall be at all times open to public inspection a complete record of applications, licenses issued, licenses renewed and all revocations, cancellations and suspensions of licenses.
Sec. 14. NRS 624.140 is hereby amended to read as follows:
624.140 If and when moneys shall become available from the operations of this chapter and payments made for licenses, the board shall have power to pay therefrom:
1. The expenses of the operations of this chapter, including the maintenance of [an office.] offices.
2. The salary of a secretary of the board who shall be named by the board.
3. [The reasonable expenses of the members of the board incidental to a discharge of their duties hereunder.] A salary to each member of the board of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
4. Actual expenses of each member of the board for subsistence and lodging, not to exceed $25 per day, and actual expenses of each member for transportation, while traveling on business of the board.
Sec. 15. NRS 624.150 is hereby amended to read as follows:
624.150 1. The board shall elect one of its members as treasurer.
2. All funds received by the board shall be turned over to the treasurer who shall keep books of account and who is authorized to deposit the funds in banks or savings and loan associations in the State of Nevada, and to expend from the funds [in his possession] moneys necessary for the operation of the board under the terms of this chapter when the expenses have been approved by the board.
3. All balances at any time in the possession of the treasurer shall be subject to legislative disposition.
Sec. 16. Chapter 625 of NRS is hereby amended by adding thereto the provisions set forth as sections 17 and 18 of this act.
Sec. 17. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 18. This board may employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
Sec. 19. NRS 625.110 is hereby amended to read as follows:
625.110 1. The board shall elect one of its members as chairman and one of its members as secretary. The chairman and secretary shall each serve 2 years.
2. At any meeting, three members shall constitute a quorum.
3. Each member shall receive: [$15 per day when actually attending to the work of the board or any of its committees and for the time spent in necessary travel. In addition, each member shall be reimbursed for traveling, hotel, subsistence and other expenses necessarily incurred in carrying out the provisions of this chapter.]
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
κ1963 Statutes of Nevada, Page 147 (CHAPTER 117, SB 60)κ
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
4. Any state employee who may be appointed to serve on the board shall receive compensation as herein provided for such service in addition to any other salary or compensation he receives from the state for other services.
Sec. 20. NRS 625.120 is hereby amended to read as follows:
625.120 The board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter, and shall have its principal office in the city of Reno, Nevada.
Sec. 21. NRS 625.150 is hereby amended to read as follows:
625.150 1. The board shall deposit in banks and savings and loan associations in the State of Nevada all fees collected by it.
2. All fees collected by the board shall be used to meet the expenses of examinations, the expenses of issuance of certificates and the expenses of conducting the office of the board.
[2.] 3. Such expenses, including traveling and hotel expenses of the members while attending the sessions of the board or conducting examinations, must be paid from the current receipts. No portion thereof shall be paid from the state treasury.
Sec. 22. Chapter 628 of NRS is hereby amended by adding thereto the provisions set forth as sections 23 and 24 of this act.
Sec. 23. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 24. The board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of the chapter.
Sec. 25. NRS 628.090 is hereby amended to read as follows:
628.090 1. Annually the board shall elect a president and a secretary-treasurer from among its members.
2. The board may employ such personnel, including attorneys, investigators and other professional consultants, and arrange for such assistance as the board may require for the performance of its duties.
Sec. 26. NRS 628.110 is hereby amended to read as follows:
628.110 Each member of the board [may be compensated for each day or portion thereof spent in the discharge of his official duties while in attendance at regularly called meetings of the board, not to exceed $25 per day, and shall be reimbursed for his actual and necessary expenses incurred in the discharge of his official duties.] shall receive:
1. A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 27. NRS 628.140 is hereby amended to read as follows:
628.140 All fees and other moneys received by the board pursuant to the provisions of this chapter shall be [kept in a separate fund] deposited in banks or savings and loan associations in the State of Nevada and expended solely for the purposes of this chapter.
κ1963 Statutes of Nevada, Page 148 (CHAPTER 117, SB 60)κ
deposited in banks or savings and loan associations in the State of Nevada and expended solely for the purposes of this chapter. No part of [this special fund] such moneys shall revert to the general fund of the state. The compensation provided for by this chapter and all expenses incurred under this chapter shall be paid from [this special fund.] such moneys. No compensation or expenses incurred under this chapter shall be a charge against the general fund of the state.
Sec. 28. Chapter 629 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 29. NRS 629.050 is hereby amended to read as follows:
629.050 1. The board shall have authority:
(a) To elect officers.
(b) To adopt a seal.
(c) To employ, pursuant to the provisions of chapter 284 of NRS, such personnel as it finds necessary.
(d) To make such rules as it deems expedient to carry this chapter into effect.
(e) To employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(f) To deposit in banks or savings and loan associations in the State of Nevada all moneys received by it.
(g) To maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. The board shall keep a record of its proceedings, which shall be prima facie evidence of all matters contained therein.
3. [The office of the board shall be in the State of Nevada at any place chosen by the board.
4.] The secretary shall receive a salary in an amount set by the board.
[5.] 4. The treasurer shall give each bond, running in favor of the state, as the state treasurer may determine.
[6.] 5. The offices of secretary and treasurer may be combined at the discretion of the board.
[7.] 6. Every member shall receive: [$15 as salary for each 24-hour period during which he is away from his office on official business, in addition to the travel expenses and subsistence allowances provided for in NRS 281.160.
8. The board shall pay all money received as fees into the state treasury, to be placed in a special fund to the credit of the board.]
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
7. The [state] treasurer of the board shall pay out [such fund] moneys received by the board as fees all expenses incurred by the board on vouchers signed by the president and the secretary of the board.
κ1963 Statutes of Nevada, Page 149 (CHAPTER 117, SB 60)κ
[9.] 8. The compensation of the members and other expenses of the board shall be paid out of the fees received from applicants, but this shall not be construed as preventing appropriations to cover deficits.
Sec. 30. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 31 and 32 of this act.
Sec. 31. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 32. The board may:
1. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
Sec. 33. NRS 630.110 is hereby amended to read as follows:
630.110 1. Out of the funds coming into the possession of the board, each member of the board [may receive as compensation $20 for each day actually spent in attending to the duties of his office and traveling expenses going to and coming from the meetings of the board.] shall receive:
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
2. Expenses shall be paid from the fees received by the board under the provisions of this chapter, and no part of the salaries or expenses of the board shall be paid out of the general fund of the state treasury.
[2.] 3. All moneys received by the board shall be deposited in banks and savings and loan associations in the State of Nevada, and shall be paid out on its order for its expenses and the traveling expenses of the members.
Sec. 34. Chapter 631 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 35. NRS 631.180 is hereby amended to read as follows:
631.180 1. Each member of the board shall receive: [$15 for each day actually engaged in the duties of his office and actual traveling expenses going to and coming from meetings of the board.
2.] (a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation while traveling on business of the board.
2. The board shall deposit in banks or savings and loan associations in the State of Nevada all fees which it receives.
3. All expenses of the board shall be paid from the fees received by the board, and no part thereof shall be paid from the general fund of the state treasury.
κ1963 Statutes of Nevada, Page 150 (CHAPTER 117, SB 60)κ
by the board, and no part thereof shall be paid from the general fund of the state treasury.
Sec. 36. NRS 631.190 is hereby amended to read as follows:
631.190 In addition to the powers and duties provided in this chapter, the board shall:
1. Adopt rules and regulations necessary to carry out the provisions of this chapter.
2. Appoint such committees, examiners, officers, employees, [or] agents, attorneys, investigators and other professional consultants and define their duties and incur such expense as it may deem proper or necessary to carry out the provisions of this chapter, the expense to be paid as provided in this chapter.
3. Fix the time and place for and conduct examinations for the granting of licenses to practice dentistry and dental hygiene.
4. Examine applicants for licenses to practice dentistry and dental hygiene.
5. Collect and apply fees as provided in this chapter.
6. Keep a register of all dentists and dental hygienists licensed in this state, together with their addresses, license numbers and renewal certificate numbers.
7. Have and use a common seal.
8. Keep such records as may be necessary to report the acts and proceedings of the board, which records shall be open to public inspection.
9. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
Sec. 37. Chapter 632 of NRS is hereby amended by adding thereto the provisions set forth as sections 38 and 39 of this act.
Sec. 38. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 39. The board may:
1. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
Sec. 40. NRS 632.060 is hereby amended to read as follows:
632.060 1. At the meeting of the board to be held on June 1 of each year, the board shall elect from its members a president and a secretary who shall also be the treasurer. The secretary and treasurer of the board shall receive, in addition to actual and necessary expenses, a monthly salary which shall be set by the board. All payments and reimbursements to the secretary and treasurer shall be made from [the state board of nurse examiners fund.] fees received by the board.
2. The board may appoint and employ an executive secretary who need not be a member of the board. The executive secretary appointed by the board shall be a professional nurse licensed to practice nursing in the State of Nevada. The executive secretary shall perform such duties as the board may direct and shall receive compensation as set by the board. The executive secretary shall be reimbursed for his actual and necessary expenses incurred in the performance of his duties, and all such payments and reimbursements shall be made from [the state board of nurse examiners fund.]
κ1963 Statutes of Nevada, Page 151 (CHAPTER 117, SB 60)κ
duties, and all such payments and reimbursements shall be made from [the state board of nurse examiners fund.] fees received by the board.
Sec. 41. NRS 632.080 is hereby amended to read as follows:
632.080 1. Each member of the board shall [be paid the sum of $15 per diem for each day actually spent in the discharge of his official duties as such member, and shall be further entitled to be reimbursed for his actual and necessary expenses incurred in the performance of such duties.] receive:
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
2. All such payments and reimbursements shall be made from [the state board of nurse examiners fund.] fees received by the board.
Sec. 42. NRS 632.090 is hereby amended to read as follows:
632.090 1. All fees received by the board shall be paid to the treasurer of the board, who shall deposit the same [at the end of each quarter with the state treasurer.
2. The state treasurer shall place the money to the credit of a fund to be known as the state board of nurse examiners fund.] in banks or savings and loan associations in the State of Nevada.
2. All money [paid into this fund] so deposited shall be held subject to withdrawal on order of the board for the purpose of meeting expenses necessarily incurred in the performance of the special duties imposed by this chapter and for the elevation of the standards of nursing care in this state, as the board may in its discretion direct.
3. All disbursements of money made pursuant to this chapter shall be made only on verified claims therefor.
[4. All accounts of the board shall be audited annually by a certified public accountant provided by the board.]
Sec. 43. Chapter 633 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 44. NRS 633.020 is hereby amended to read as follows:
633.020 1. The state board of osteopathy consisting of three members shall be appointed by the governor. Members of the board shall be appointed from persons who hold licenses under this chapter or any preceding act regulating the practice of osteopathy in this state.
2. Members of the board shall be appointed for a term of 3 years and they shall hold office until the appointment and qualification of their successors.
3. The terms of the members of the board in office when this chapter takes effect shall expire as follows: One on July 1, 1957; one on July 1, 1958; and one on July 1, 1959. The term of each member shall expire in the same relative order as the term for which he holds office before this chapter takes effect.
4. Vacancies occurring shall be filled by appointment for the unexpired term.
κ1963 Statutes of Nevada, Page 152 (CHAPTER 117, SB 60)κ
5. Each member of the board shall, before entering upon the duties of his office, take the oath of office prescribed by the constitution before someone qualified to administer oaths, and shall, in addition, make oath that he is a legally qualified practitioner of osteopathy in this state.
6. [Compensation of members of the board shall be fixed by the bylaws of the board.] Each member of the board shall receive:
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
7. The board shall elect from its members a president, vice president and secretary-treasurer, who shall hold office at the pleasure of the board, and may fix and pay a salary to the secretary-treasurer.
8. The board may employ [legal counsel and persons to assist in investigations.] attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
9. The board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
Sec. 45. NRS 633.030 is hereby amended to read as follows:
633.030 1. The board shall have and use a common seal.
2. The board may make and adopt all necessary rules, regulations and bylaws not inconsistent with and relating to the enforcement of the provisions of this chapter.
3. [All money derived from fees] The board shall deposit in banks and savings and loan associations in the State of Nevada all money derived from fees, which money shall be used to defray the expenses of the board.
4. The board shall have the power to compel the attendance of witnesses and the production of relevant books and papers for the investigations of matters that may come before it, and the presiding officer of the board may administer the requisite oaths, and the board shall have the same authority to compel the giving of testimony as is conferred on courts of justice.
Sec. 46. Chapter 634 of NRS is hereby amended by adding thereto the provisions set forth as sections 47 to 49, inclusive, of this act.
Sec. 47. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 48. The board may:
1. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
Sec. 49. Each member of the board shall receive:
1. A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
κ1963 Statutes of Nevada, Page 153 (CHAPTER 117, SB 60)κ
Sec. 50. NRS 634.050 is hereby amended to read as follows:
634.050 1. All moneys collected by the board shall be [used by it] deposited in banks or savings and loan associations in the State of Nevada, and shall be used by the board to defray its legitimate expenses.
2. The board shall file an annual report with the governor on or before August 1 of each year. The report shall show in detail:
(a) All moneys received from every source whatsoever.
(b) All moneys disbursed.
(c) All transactions of the board during the year covered by the report.
3. A certified copy of the annual report shall be filed by the board in the office of the secretary of state, and when so filed shall be a public record available for inspection or copying by any person.
Sec. 51. Chapter 635 of NRS is hereby amended by adding thereto the provisions set forth as sections 52 and 53 of this act.
Sec. 52. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 53. The board may:
1. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
Sec. 54. NRS 635.020 is hereby amended to read as follows:
635.020 1. There is hereby established a state board of chiropody for the State of Nevada. The board shall consist of three members to be selected from registered and licensed chiropodists of the State of Nevada. Each member shall be appointed by the governor for a term of 4 years, except that the terms of the first appointees shall be from 1 to 4 years, respectively, as specified by the governor at the time of the appointment.
2. The members of the board shall receive: [as compensation for their services $10 for each day actually spent in attendance at board meetings or in the performance of other duties required by this chapter. In addition thereto they shall be reimbursed for all necessary expenses incurred in connection with the performance of their duties as members of the board.]
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on the business of the board.
Sec. 55. NRS 635.040 is hereby amended to read as follows:
635.040 All fees provided for in this chapter shall be payable to the secretary-treasurer of the board [. He shall keep a record of the account, showing the total payments received and shall immediately after receipt deposit the same in a fund to be known as the state board of chiropody fund.] , who shall deposit the fees in banks or savings and loan associations in the State of Nevada. All of the salaries and expenses for the operation of the board shall be paid from [the fund.]
κ1963 Statutes of Nevada, Page 154 (CHAPTER 117, SB 60)κ
expenses for the operation of the board shall be paid from [the fund.] such fees.
Sec. 56. Chapter 636 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 57. 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 $25 for each day actually spent in the performance of his duties as such, and actual expenses incurred as a member of the board.]
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business 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. 58. NRS 636.090 is hereby amended to read as follows:
636.090 1. The board may employ:
(a) Agents and inspectors to secure evidence of, and report on, violations of this chapter.
(b) [Other assistants] Attorneys, investigators and other professional consultants and clerical personnel necessary to administer this chapter.
2. The attorney general may act as counsel for the board.
Sec. 59. NRS 636.100 is hereby amended to read as follows:
636.100 The board [shall:] may:
1. Establish and maintain [an office] offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter, one of which shall be located in the office of the secretary.
2. Adopt and use an official seal.
Sec. 60. NRS 636.110 is hereby amended to read as follows:
636.110 All moneys coming into possession of the board shall be kept or deposited by the secretary as a special fund to be expended for payment of compensation and expenses of board members and for other necessary or proper purposes in the administration of this chapter. The secretary shall deposit the moneys in banks or savings and loan associations in the State of Nevada.
Sec. 61. Chapter 637 of NRS is hereby amended by adding thereto the provisions set forth as sections 62 and 63 of this act.
Sec. 62. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 63. Each member of the board shall receive:
1. A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
κ1963 Statutes of Nevada, Page 155 (CHAPTER 117, SB 60)κ
per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 64. NRS 637.050 is hereby amended to read as follows:
637.050 1. The principal office of the board shall be in Carson City, Nevada, but it may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter, and may meet or conduct any of its business at any place in the state.
2. The board shall meet at least once annually, at which time candidates applying for certification shall be examined and their qualifications determined.
3. In addition to the meeting required by subsection 2, the board may hold such other meetings as it may deem advisable. The time and place of all such meetings shall be determined by the board.
Sec. 65. NRS 637.060 is hereby amended to read as follows:
637.060 1. All [funds] moneys received by the board under the provisions of this chapter shall be deposited [with the state treasurer. The state treasurer shall thereupon place 90 percent of the money so received in a fund to be known as the board of dispensing opticians fund, and 10 percent in the general fund of the state.
2. The board of dispensing opticians fund] in banks or savings and loan associations in the State of Nevada.
2. Such moneys may be drawn on by the board for payment of all expenses incurred in the administration of the provisions of this chapter.
Sec. 66. NRS 637.070 is hereby amended to read as follows:
637.070 1. The board may adopt such rules and regulations as it may deem necessary to carry out the provisions of this chapter.
2. The board shall have a common seal of which all courts of this state shall take judicial notice.
3. The board may empower any member to conduct any proceeding, hearing or investigation necessary to its purposes.
4. The board may employ and fix the compensation of [such] attorneys, investigators and other professional consultants and such other employees and assistants as it may deem necessary to carry out the provisions of this chapter.
Sec. 67. Chapter 638 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 68. NRS 638.040 is hereby amended to read as follows:
638.040 1. Members of the board shall [serve without compensation. They shall receive their actual expenses in attendance upon meetings or in the transaction of other business of the board] receive:
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses of transportation, while traveling on business of the board.
2. Salaries and expenses shall be paid insofar as the moneys received from licenses [is] are sufficient therefor, but not otherwise.
κ1963 Statutes of Nevada, Page 156 (CHAPTER 117, SB 60)κ
received from licenses [is] are sufficient therefor, but not otherwise.
Sec. 69. NRS 638.050 is hereby amended to read as follows:
638.050 1. The board shall elect from its appointed members a president and a vice president. The officers shall serve at the pleasure of the board.
2. The office of the secretary-treasurer shall be the legal office of the board [.] , but the board may maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
3. The secretary-treasurer shall send a copy of all incoming and outgoing correspondence to each member of the board.
Sec. 70. NRS 638.070 is hereby amended to read as follows:
638.070 1. The board may adopt such rules and regulations as it deems necessary to carry out the provisions of this chapter and not in conflict therewith.
2. Any member of the board may administer oaths in all matters pertaining to the duties of the board.
3. The board shall have authority: [to]
(a) To employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(b) To take and record evidence as to any matter cognizable by it.
Sec. 71. NRS 638.080 is hereby amended to read as follows:
638.080 1. The secretary-treasurer shall be the custodian of all the records and funds of the board [.] , and shall deposit the funds in banks or savings and loan associations in the State of Nevada.
2. All moneys received for licenses shall be [held by the secretary-treasurer] subject to the order of the board. The moneys shall be used to meet the expenses of the board.
3. Payment of money from the funds of the board shall be made upon the written order of the president countersigned by the secretary-treasurer.
Sec. 72. Chapter 639 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 73. NRS 639.050 is hereby amended to read as follows:
639.050 1. The board shall hold a meeting at least once in every 6 months.
2. Three members of the board shall constitute a quorum.
3. Each member of the board shall receive: [his necessary expenses in attending formal meetings of the board, the same to be paid from the funds of the board.]
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 74. NRS 639.070 is hereby amended to read as follows:
639.070 The board shall have power:
κ1963 Statutes of Nevada, Page 157 (CHAPTER 117, SB 60)κ
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.
6. To maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
7. To deposit its funds in banks or savings and loan associations in the State of Nevada.
Sec. 75. NRS 639.290 is hereby amended to read as follows:
639.290 The board may cause prosecution for violations of the provisions of this chapter, and may:
1. Employ clerical personnel and such assistants, [or] inspectors, investigators and other professional consultants as it may deem proper to investigate violations of this chapter and enforce the provisions thereof.
2. Employ an attorney to assist in prosecution under this chapter and for any other purpose which the board may deem necessary.
3. Fix the compensation for [assistants or inspectors and attorney, as set forth in] persons authorized to be employed by the provisions of subsections 1 and 2, and pay the same out of the funds of the board.
Sec. 76. Chapter 640 of NRS is hereby amended by adding thereto the provisions set forth as sections 77 and 78 of this act.
Sec. 77. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 78. Each member of the board shall receive:
1. A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
2. Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 79. NRS 640.050 is hereby amended to read as follows:
640.050 1. The board shall examine and register qualified physical therapists.
2. The board is authorized to adopt reasonable rules to carry this chapter into effect and may amend and revoke such rules at its discretion.
3. The board shall keep a record of its proceedings under this chapter and a register of all persons registered under the provisions of the chapter. The register shall show:
(a) The name of every living registrant.
(b) His last-known place of business and last-known place of residence.
(c) The date and number of his registration and certificate as a registered physical therapist.
κ1963 Statutes of Nevada, Page 158 (CHAPTER 117, SB 60)κ
4. During May of every year in which renewal of registration is required, the board shall compile a list of registered physical therapists authorized to practice physical therapy in this state. Any interested person in the state shall be entitled to obtain a copy of the list upon application to the board and the payment of such amount as may be fixed by the board, which amount shall not exceed the cost of the list so furnished.
5. The board may:
(a) Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
(b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
Sec. 80. NRS 640.070 is hereby amended to read as follows:
640.070 1. All fees collected under this chapter shall be [paid into the fund of the board of physical therapy examiners.] deposited in banks or savings and loan associations in the State of Nevada.
2. All expenses incident to the operation of this chapter shall be paid from the revenue derived therefrom, and no part of such expenses shall be a charge against the funds derived in connection with the functions of the board other than that provided in this chapter.
Sec. 81. Chapter 642 of NRS is hereby amended by adding thereto the provisions set forth as sections 82 and 83 of this act.
Sec. 82. The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 83. The board may:
1. Maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
2. Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
Sec. 84. NRS 642.030 is hereby amended to read as follows:
642.030 1. Before entering upon their duties the members of the board shall respectively take and subscribe to the oath required by the other state officers. The secretary of state is authorized to administer the oath, and each oath shall be filed in his office.
2. The members of the board shall receive: [no salary as such, but the actual traveling expenses spent by the members shall be paid out of the receipts of the board as provided for in this chapter.]
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
Sec. 85. NRS 642.070 is hereby amended to read as follows:
642.070 1. All fees collected under the provisions of this chapter shall be paid to the treasurer of the board to be used for the purpose of defraying the necessary expenses of the board. The treasurer shall deposit the fees in banks or savings and loan associations in the State of Nevada.
2. On or before the 1st Monday of December in each year, the board shall make a written report to the governor containing a detailed statement of the nature of receipts and manner of expenditures.
κ1963 Statutes of Nevada, Page 159 (CHAPTER 117, SB 60)κ
detailed statement of the nature of receipts and manner of expenditures.
[3. Any balance of money remaining at the end of the year as a balance over necessary expenses and traveling expenses of the board members included in the discharge of their duties as such, except a reserve not to exceed $4,000 to be held as an emergency fund to meet extraordinary expenses, shall be paid into the state distributive school fund.]
Sec. 86. Chapter 643 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 87. NRS 643.030 is hereby amended to read as follows:
643.030 1. The board shall elect a president. [and fix his salary, which shall not exceed the sum of $600 per year.] No person shall serve as president for more than 4 consecutive years.
2. The board shall elect a vice president. [and fix his salary, which shall not exceed the sum of $420 per year.]
3. The board shall elect a secretary-treasurer, who may or may not be a member of the board. The board shall fix the salary of the secretary-treasurer, which shall not exceed the sum of $1,200 per year.
4. Each officer and member of the board shall be entitled to receive: [his necessary traveling expenses and per diem allowance in the transaction of public business as provided by law.]
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
5. The secretary-treasurer shall:
(a) Keep a record of all proceedings of the board.
(b) Give to the state a bond in the sum of $2,000, with sufficient sureties, for the faithful performance of his duties. The bond shall be approved by the board.
Sec. 88. NRS 643.050 is hereby amended to read as follows:
643.050 1. The board shall have the authority: [to]
(a) To maintain offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter.
(b) To employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.
(c) To make reasonable rules and regulations for the administration of the provisions of this chapter.
2. The board shall prescribe sanitary requirements for barbershops and barber schools.
3. Any member of the board or its agents or assistants shall have authority to enter and inspect any barbershop or barber school at any time during business hours or at any time when the practice of barbering or instruction in such practice is being carried on.
4. The board shall keep a record of its proceedings relating to the issuance, refusal, renewal, suspension and revocation of certificates of registration.
κ1963 Statutes of Nevada, Page 160 (CHAPTER 117, SB 60)κ
registration. This record shall also contain the name, place of business and residence of each registered barber and registered apprentice, and the date and number of his certificate of registration. This record shall be open to public inspection at all reasonable times.
5. The board shall have power to approve and, by official order, to establish the days and hours when barbershops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the board by any organized and representative group of barbers of at least 70 percent of the barbers of any county. The board shall have like power to investigate the reasonableness and propriety of the hours fixed by such agreement, as is conferred by this chapter, and the board may fix hours for any portion of a county.
6. The board shall have authority to adopt and enforce reasonable rules and regulations governing the conduct of barber schools.
7. The board shall have authority to prescribe the course of study of barber schools.
Sec. 89. NRS 643.060 is hereby amended to read as follows:
643.060 1. All moneys received by the board under this chapter shall be paid to the secretary-treasurer of the board [.] , who shall deposit the moneys in banks or savings and loan associations in the State of Nevada. He shall give a receipt for the same and shall report semiannually to the governor the total amount of money received by him on behalf of the board from all sources.
2. Such funds shall be expended in accordance with the provisions of this chapter for all necessary and proper expenses in carrying out the provisions of this chapter and upon proper claims approved by the board.
Sec. 90. Chapter 644 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The board shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 91. NRS 644.070 is hereby amended to read as follows:
644.070 1. The board shall hold meetings for the examination of applicants for registration and for the transaction of such other business as shall pertain to its duties at least four times a year.
2. The board may hold such other meetings for the examination of applicants for registration or for the transaction of necessary business as, in its judgement, may be required, at such times and places as it may determine.
3. The members of the board shall each receive: [$10 per day for every meeting of the board which they attend.]
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
4. All such compensation and expenses shall be paid by the board out of the funds received by it, and no part thereof shall be paid by the state.
κ1963 Statutes of Nevada, Page 161 (CHAPTER 117, SB 60)κ
Sec. 92. NRS 644.080 is hereby amended to read as follows:
644.080 The board shall:
1. Prescribe the duties of its officers and employees, and fix the compensation of such employees.
2. [Establish an office at such place in the state as the members of the board may determine.] Have the authority to establish offices in as many localities in the state as it finds necessary to carry out the provisions of this chapter. All records and files of the board shall be kept at the main office of the board and shall, at all reasonable hours, be open to public inspection.
3. Adopt a seal.
Sec. 93. NRS 644.150 is hereby amended to read as follows:
644.150 The board is authorized, whenever in its judgement it is deemed necessary, to employ inspectors, investigators and clerks to secure [legal services,] the services of attorneys and other professional consultants, but no part of the compensation of such [inspectors and clerks] persons or reasonable expenses incurred by the board shall be paid by the state.
Sec. 94. NRS 644.170 is hereby amended to read as follows:
644.170 1. All fees collected on behalf of the board and all receipts of every kind and nature shall be reported at the beginning of each month, for the month preceding, to the board. At the same time the entire amount of collections shall be paid to the treasurer [and shall be credited to a fund to be known as the state board of cosmetologys contingent fund, which fund is hereby created.] of the board, who shall deposit them in banks or savings and loan associations in the State of Nevada.
2. The [contingent fund] receipts shall be for the uses of the board and out of [it] them shall be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this chapter.
3. All orders for payment of money [from the contingent fund] shall be drawn on the treasurer of the board and countersigned by the president and the secretary of the board.
Sec. 95. Chapter 645 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The commission shall operate on the basis of a fiscal year commencing on July 1 and terminating on June 30.
Sec. 96. NRS 645.110 is hereby amended to read as follows:
645.110 1. The commission shall meet at Carson City, Nevada, annually on the 2nd Monday in July and elect a president, a vice president and a secretary-treasurer to serve for the ensuing year.
2. The secretary-treasurer shall:
(a) Give a bond to the State of Nevada for the faithful performance of his duties in the sum of $2,000, the bond to be written by a surety company qualified to do business in this state.
(b) Render to the governor an annual report in detail on December 31 each year. [The annual report shall be accompanied by an audit of the accounts of the secretary-treasurer made by the legislative auditor or by a certified public accountant, the choice resting with the commission.
κ1963 Statutes of Nevada, Page 162 (CHAPTER 117, SB 60)κ
or by a certified public accountant, the choice resting with the commission. The cost of the audit shall be paid for by the commission out of its funds received from license fees as provided for in this chapter.]
Sec. 97. NRS 645.130 is hereby amended to read as follows:
645.130 1. The commission may employ legal counsel [and other employees] , investigators, other professional consultants, and such employees as are necessary to the discharge of its duties, and may fix the compensation therefor.
2. No employee of the commission shall be interested in any real estate or brokerage firm, nor shall any employee act as a broker or salesman or agent therefor.
Sec. 98. NRS 645.140 is hereby amended to read as follows:
645.140. 1. All fees and charges received by the commission shall be deposited in [a fund to be known as the Nevada real estate commission fund.] banks or savings and loan associations in the State of Nevada.
2. The commission is empowered to expend the [fund] fees and charges for the requirements, purposes and expenses of the commission. [Travel and per diem expenses shall be paid in accordance with NRS 281.160 to members in attending meetings or transacting other business of the commission, upon vouchers signed by the secretary-treasurer and countersigned by the president or a member of the commission. In addition, members shall receive a salary not to exceed $20 per day while in attendance at regular or special meetings of the commission.] Each member shall receive:
(a) A salary of not more than $25 per day, as fixed by the commission, while engaged in the business of the commission.
(b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the commission.
3. Total expenditures for any purpose shall not exceed total collections by the commission.
Sec. 99. This act shall become effective upon passage and approval.
________
Senate Bill No. 144Committee on Judiciary
CHAPTER 118
AN ACT to amend NRS section 108.210, relating to discharge of mechanics liens, by clarifying the provision relating to recordation of an acknowledgment of satisfaction by lien claimants.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 108.210 is hereby amended to read as follows:
108.210 1. A lienee, upon reasonable notice as the court may direct, may apply to the district court, in the jurisdiction wherein the lien is filed, for an order to discharge the lien wholly, or in part, upon the justification of the sureties of an undertaking required by subsection 2.
κ1963 Statutes of Nevada, Page 163 (CHAPTER 118, SB 144)κ
filed, for an order to discharge the lien wholly, or in part, upon the justification of the sureties of an undertaking required by subsection 2. The justification must take place within 5 days after the filing of the undertaking, unless otherwise stipulated, and be agreed to between the lienor and the lienee.
2. Before making the order of discharge, the judge of the district court having jurisdiction wherein the lien is filed must require an undertaking on behalf of the lienee by at least two sureties, residents and freeholders or householders, in the county in which the lien is filed, to the effect that in case the lienor recovers judgement against the lienee for the punitive debt, the lienee will, on demand, render the property upon which the claim of lien has been filed available for the filing of a claim of lien against it for the satisfaction of the lienors claim against the lienee and in satisfaction of any judgement which might be recovered by the lienor, or in default thereof, that such lienee and sureties will, on demand, pay to the lienor the full value of the property upon which the lien was discharged, not exceeding the amount of the judgement against the lienee. The judge making the order may fix the sum for which the undertaking must be executed and, if it is necessary to know the value of the property released, he may order that the property be appraised by one or more disinterested persons as he appoints. The sureties may be required to justify and the lien claim cannot be discharged without their justification if it be required by the lienor.
3. The claimant of any lien recorded as provided in NRS 108.010 to 108.240, inclusive, on the payment of the amount thereof, together with the costs incurred, [and the acknowledgment of satisfaction,] shall, at the request of any person interested in the property charged therewith, enter or cause to be entered an acknowledgment of satisfaction of the same of record within 10 days from the request. For failure of the claimant to enter satisfaction within the time, the claimant shall forfeit and pay to the person making the request the sum of $20 per day until the same shall be entered. The sum or sums forfeited may be recovered in the same manner as other debts.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 164κ
Senate Bill No. 105Committee on Judiciary
CHAPTER 119
AN ACT to amend chapter 339 of NRS, relating to contractors bonds on public works, by adding new sections defining terms; requiring the posting of a performance bond and a payment bond by contractors awarded certain contracts for the construction of public works; authorizing actions upon such bonds; providing for the furnishing of certified copies of such bonds; and providing penalties; to amend NRS sections 244.285, 309.340, 318.150, 403.490 and 543.480, relating to the awarding of contracts for the construction of certain public buildings, works, improvements and structures, by requiring the posting of a performance bond and a payment bond by contractors awarded certain contracts for the construction of such buildings, works, improvements and structures; to repeal NRS sections 279.506, 339.010 to 339.090, inclusive, 539.257 and 540.390, relating to the posting of contractors bonds by successful bidders on certain contracts; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 339 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. As used in sections 2 to 7, inclusive, of this act:
1. Claimant includes an individual, firm, partnership, association or corporation.
2. Contracting body means any officer, employee, board, bureau, commission, department, agency or institution of the State of Nevada, or of any county, city, district, municipal corporation, quasi-municipal corporation, political subdivision, school district, educational institution or other public instrumentality, which has authority to contract for the construction, alteration or repair of any public building or other public work or public improvement.
Sec. 3. 1. Before any contract, except one subject to the provisions of chapter 408 of NRS, exceeding $2,000 for the construction, alteration or repair of any public building or other public work or public improvement of any contracting body is awarded to any contractor, he shall furnish to the contracting body the following bonds, which shall become binding upon the award of the contract to such contractor:
(a) A performance bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount, conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions of the contract. Such bond shall be solely for the protection of the contracting body which awarded the contract.
(b) A payment bond in an amount to be fixed by the contracting body, but not less than 50 percent of the contract amount. Such bond shall be solely for the protection of claimants supplying labor or materials to the contractor to whom the contract was awarded, or to any of his subcontractors, in the prosecution of the work provided for in such contract.
2. Each of such bonds shall be executed by one or more surety companies authorized to do business in the State of Nevada.
κ1963 Statutes of Nevada, Page 165 (CHAPTER 119, SB 105)κ
companies authorized to do business in the State of Nevada. If the contracting body is the State of Nevada or any officer, employee, board, bureau, commission, department, agency or institution thereof, such bonds shall be payable to the State of Nevada. If the contracting body is other than one of those enumerated in this subsection, such bonds shall be payable to such other contracting body.
3. Each of such bonds shall be filed in the office of the contracting body which awarded the contract for which such bonds were given.
Sec. 4. 1. Subject to the provisions of subsection 2, any claimant who has performed labor or furnished material in the prosecution of the work provided for in any contract for which a payment bond has been given pursuant to the provisions of subsection 1 of section 3 of this act, and who has not been paid in full before the expiration of 90 days after the date on which he performed the last of such labor or furnished the last of such materials for which he claims payment, may bring an action on such payment bond in his own name to recover any amount due him for such labor or material, and may prosecute such action to final judgment and have execution on the judgement.
2. Any claimant who has a direct contractual relationship with any subcontractor of the contractor who gave such payment bond, but no contractual relationship, express or implied, with such contractor, may bring an action on the payment bond only:
(a) If he has, within 30 days after furnishing the first of such materials or performing the first of such labor, served on the contractor a written notice which shall inform the latter of the nature of the materials being furnished or to be furnished, or the labor performed or to be performed, and identifying the person contracting for such labor or materials and the site for the performance of such labor or materials; and
(b) After giving written notice to such contractor within 90 days from the date on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment. Each written notice shall state with substantial accuracy the amount claimed and the name of the person for whom the work was performed or the material supplied, and shall be served by being sent by registered mail, postage prepaid, in an envelope addressed to such contractor at any place in which he maintains an office or conducts business, or at his residence.
Sec. 5. 1. The contracting body shall furnish a certified copy of any payment bond and the contract for which such bond was given to any person who makes an application for such copy and who submits an affidavit stating that:
(a) He has supplied labor or material for the completion of the work provided for in the contract, and that he has not been fully paid for such labor or material; or
(b) He is the defendant in an action brought on a payment bond; or
(c) He is surety in a payment bond on which an action has been brought.
2. Every such applicant shall pay for each certified copy a fee fixed by the contracting body to cover the actual cost of the preparation of such copy.
κ1963 Statutes of Nevada, Page 166 (CHAPTER 119, SB 105)κ
by the contracting body to cover the actual cost of the preparation of such copy.
3. A certified copy of any payment bond and of the contract for which such bond was given shall constitute prima facie evidence of the contents, execution and delivery of the original of such bond and contract.
Sec. 6. 1. Every action on a payment bond as provided in section 4 of this act shall be brought in the appropriate court of the political subdivision where the contract for which the bond was given was to be performed.
2. No such action may be commenced after the expiration of 1 year from the date on which the claimant performed the last of the labor or furnished the last of the materials for the payment of which such action is brought.
Sec. 7. 1. It is unlawful for any representative of a contracting body, in issuing an invitation for bids, to require that any bond specified in section 3 of this act be furnished by a particular surety company or through a particular agent or broker.
2. Any person who violates the provisions of this section is guilty of a misdemeanor.
Sec. 8. NRS 244.285 is hereby amended to read as follows:
244.285 1. The board of county commissioners shall have power and jurisdiction in their respective counties to cause to be erected and furnished a courthouse, a jail and such other public buildings as may be necessary, and to repair, remodel or build additions thereto, and to keep the same in repair; but the contract for building the courthouse, jail and other buildings and additions thereto shall be let out, after at least 30 days previous public notice of the boards readiness to receive proposals therefor, as provided in NRS 244.280, to the lowest bidder. [, who will give good and sufficient security for the completion of any contract which he may make respecting the same.]
2. If the work provided for in such contract exceeds $2,000, and the contract is not subject to the provisions of chapter 408 of NRS, the person to whom such contract is awarded shall furnish to the board of county commissioners a performance bond and a payment bond as provided in section 3 of this act.
3. No bid shall be accepted which the board may deem too high.
Sec. 9. NRS 309.340 is hereby amended to read as follows:
309.340 1. After adopting a plan for such works as are proposed, the board of directors shall cause notice to be given by the secretary by publication thereof for not less than 2 weeks in a newspaper published in the county in which the district was organized, and in such other publications or newspapers as it may deem advisable, calling for bids for the construction of such works or any portion thereof. If less than the whole work is advertised, then the portions so advertised must be particularly described in such notice. The notice shall set forth that the plans and specifications can be seen at the office of the board, that the board will receive sealed proposals for the construction of the proposed works, and that a contract therefor will be let to the lowest responsible bidder, subject to the right of the board to reject any and all bids, stating the time and place for opening the bids.
κ1963 Statutes of Nevada, Page 167 (CHAPTER 119, SB 105)κ
be let to the lowest responsible bidder, subject to the right of the board to reject any and all bids, stating the time and place for opening the bids.
2. At the time and place appointed the bids shall be opened in public and as soon as convenient thereafter the board shall accept a bid or bids and contract for the construction of the works, either in portions or as a whole, or it may reject any and all bids and readvertise for proposals.
3. In case of necessity, the board of directors, by unanimous vote of those present at any regular or special meeting, may contract for the construction or repair of any part of the system of works, and may in the ordinary course of business purchase any necessary machinery or materials in such amount in one transaction as will not exceed an amount equal to 5 cents for each acre of land in the district.
4. [Any person or persons to whom a contract may be awarded shall enter into a bond in favor of the district with good and sufficient sureties to be approved by the board for not less than 20 percent of the amount of the contract price, conditioned upon the faithful performance of the contract.] If a contract is not subject to the provisions of chapter 408 of NRS and provides for work exceeding $2,000, any person or persons to whom such a contract may be awarded shall furnish to the district a performance bond and a payment bond as provided in section 3 of this act. The work shall be done under the direction and to the satisfaction of the engineer employed by the district and approved by the board.
5. No contract of any kind shall be let by the board of directors unless there is sufficient money in the district treasury at the time such contract is let to pay fully for the work or material so contracted for, or unless such contract is made payable in bonds of the district.
Sec. 10. NRS 318.150 is hereby amended to read as follows:
318.150 1. Except as otherwise provided in this chapter, the board shall have the power to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project.
2. Any improvement or improvements of any nature made in any district where the entire cost, value or amount of such work, including labor and materials, exceeds $5,000, except such work done by employees of the district with supplies and materials purchased by it as provided in subsection 3, or except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The board shall have the right to reject any and all bids and to waive any irregularity in any bid. Any contract may be let on a lump sum or unit basis. No contract shall be entered into for [such] work where the value of the work exceeds $2,000 unless the contractor [gives an undertaking with a sufficient surety or sureties approved by the board and in an amount fixed by the board for the faithful performance of the contract.]
κ1963 Statutes of Nevada, Page 168 (CHAPTER 119, SB 105)κ
shall be entered into for [such] work where the value of the work exceeds $2,000 unless the contractor [gives an undertaking with a sufficient surety or sureties approved by the board and in an amount fixed by the board for the faithful performance of the contract.] furnishes to the board a performance bond and a payment bond as provided in section 3 of this act. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recovery any excess cost by suit on the [original] performance bond, or otherwise.
3. The board shall have the power to make any improvement, or portion thereof, in any district, directly by the officers, agents and employees of the district, with supplies and materials purchased or otherwise acquired therefor. All supplies and materials purchased by the board for any district (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids. The board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
Sec. 11. NRS 403.490 is hereby amended to read as follows:
403.490 1. To perform any work or construct any superstructure under this chapter wherein an expenditure of $500 or more may be necessary, the board of county highway commissioners shall cause definite plans of such work or superstructure to be made, estimates of the amount of work to be done and the probable cost thereof, together with a copy of the specifications thereof.
2. Upon receipt of the plans, estimates and specifications, the board of county highway commissioners shall advertise for bids for the performance of the work specified by giving public notice of at least 5 days.
3. The notice shall describe the work to be done, the time and place that bids will be received, and the means of paying for such work.
4. All bidders must be offered an opportunity to examine the plans and specifications and all bids shall be sealed.
5. The board of county highway commissioners shall award the contract to the lowest responsible bidder. The plans and specifications so adopted shall be attached to and become a part of the contract. [The] If the contract provides for work exceeding $2,000, and is not subject to the provisions of chapter 408 of NRS, the person, persons or corporation to whom [the] such contract is awarded shall [be required to execute a bond to be approved by the board of county highway commissioners for the faithful performance of the contract.] furnish to the board of county highway commissioners a performance bond and a payment bond as provided in section 3 of this act.
6. After submission of bids, the board of county highway commissioners may reject any and all bids and advertise anew, or the board may order the work done by days work under the supervision of the county road supervisor.
κ1963 Statutes of Nevada, Page 169 (CHAPTER 119, SB 105)κ
board may order the work done by days work under the supervision of the county road supervisor.
7. In cases of emergency the board of county highway commissioners may let contracts for repairs without giving the 5 days notice required by subsection 2, but no contract shall be let for an amount to exceed $500 without written notice.
8. Nothing in this section shall prevent any county from opening, building, improving or repairing any public road or highway in the county by the employment of day labor, under the supervision of the board of county highway commissioners and by the use of its own machinery, tools and other equipment, without letting contracts to the lowest responsible bidder, irrespective of the probable cost of the work.
Sec. 12. NRS 543.480 is hereby amended to read as follows:
543.480 1. Except as otherwise provided in NRS 543.160 to 543.840, inclusive, the board shall have the power to enter into contracts and agreements affecting the affairs of the district, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district for the operation of a common or jointly owned project.
2. Any improvement or improvements of any nature made in any district where the entire cost, value or amount of such work, including labor and materials, exceeds $1,000, except such work done by employees of the district with supplies and materials purchased by it as provided in subsection 3, or except by labor or supplies and materials, or all of such, supplied under agreement with the United States of America, the State of Nevada, or any federal or state agency, instrumentality or corporation, or other political subdivision, shall be done only under independent contract to be entered into by the district with the lowest responsible bidder submitting the lowest and best bid upon proper terms after due public notice by publication has been given asking for competitive bids. The board shall have the right to reject any and all bids and to waive any irregularity in any bid. Any contract may be let on a lump sum or unit basis. No contract which provides for work exceeding $2,000 shall be entered into for such work unless the contractor [gives an undertaking with a sufficient surety or sureties approved by the board and in an amount fixed by the board for the faithful performance of the contract.] furnishes to the board a performance bond and a payment bond as provided in section 3 of this act. Upon default in the performance of any contract, the proper official may advertise and relet the remainder of the work without further resolution and deduct the cost from the original contract price and recover any excess cost by suit on the [original] performance bond, or otherwise.
3. The board shall have the power to make any improvement, or portion thereof, in any district, directly by the officers, agents and employees of the district, with supplies and materials purchased or otherwise acquired therefor. All supplies and materials purchased by the board for any district (but not by a contractor) costing $500 or more shall be purchased only after notice by publication for competitive bids.
κ1963 Statutes of Nevada, Page 170 (CHAPTER 119, SB 105)κ
more shall be purchased only after notice by publication for competitive bids. The board shall accept the lowest bid, kind, quality and material being equal, but the board shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
Sec. 13. NRS 279.506, 339.010 to 339.090, inclusive, 539.257 and 540.390 are hereby repealed.
Sec. 14. 1. Nothing in sections 2 to 7, inclusive, of this act shall be construed to apply to any contract awarded pursuant to an invitation for bids issued prior to July 1, 1963, or to any person who is a party to such contract, or to any bond given for such contract.
2. All rights, duties and obligations arising under any contract awarded pursuant to an invitation for bids issued prior to July 1, 1963, or any bond given for such a contract, shall continue to be governed by the provisions of the law in effect at the time of the formation of such contract.
________
Senate Bill No. 15Committee on Judiciary
CHAPTER 120
AN ACT to amend chapter 108 of NRS, relating to statutory liens, by adding new sections providing for liens on clothing and household goods where charges for cleaning or laundering are not paid for more than 90 days, or where such items are stored but charges are not paid for more than 12 months; providing for sale of such property after notice to satisfy charges for work and storage; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 108 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.
Sec. 2. Every person, firm or corporation engaged in cleaning, pressing, glazing or washing garments, clothing, wearing apparel or household goods for a price shall have a lien upon the garments, clothing, wearing apparel or household goods for the amount of any account that may be due for the work done thereon, where such account is not paid for 90 days or more after completion of such work. The lien shall also include the value or agreed price, if any, of all materials furnished by the lienholder in connection with the work.
Sec. 3. Every person, firm or corporation engaged in cleaning, pressing, glazing or washing garments, clothing, wearing apparel or household goods which are placed in storage by agreement shall have a lien upon the garments, clothing, wearing apparel or household goods for the amount of any account that may be due for the work done thereon, and for storage, where the account is not paid for 12 months or more after completion of such work.
κ1963 Statutes of Nevada, Page 171 (CHAPTER 120, SB 15)κ
done thereon, and for storage, where the account is not paid for 12 months or more after completion of such work. The lien shall also include the value or agreed price, if any, of all materials furnished by the lienholder in connection with the work. Persons, firms or corporations operating as warehouses or warehousemen shall not be affected by this section.
Sec. 4. If any account for work done or materials furnished remains unpaid for 90 days or more after completion of the work, or if the articles are placed in storage, and the charges for storage and for work done and materials furnished remain unpaid for 12 months or more, the lienholder may, upon 30 days notice in writing to the owner specifying the amount due and informing him that the payment of the amount due within 30 days will entitle him to redeem the property, sell any such article or articles at public or bona fide private sale to satisfy the account.
Sec. 5. The notice may be served by registered or certified mail, with return receipt requested, directed to the owners last-known address, or, if the owner or his address are unknown, it may be posted in a prominent place in the receiving office of the person, firm or corporation who is the lienholder. The proceeds of the sale, after paying the expenses thereof, shall first be applied to liquidate the indebtedness secured by the lien, and the balance, if any, shall be paid over to the owner of the property.
Sec. 6. Nothing contained in this act shall be construed as preventing the lienholder from waiving the lien herein provided for, and suing upon the amount if he elects to do so.
Sec. 7. The following notices shall be posted in the business establishments of each person, firm or corporation engaged in cleaning, pressing, glazing or washing garments, clothing, wearing apparel or household goods, and wishing to take advantage of this act, in a prominent place in its receiving office at all times:
1. All articles cleaned, pressed, glazed, laundered, washed, altered or repaired which are not called for within 90 days will be sold to pay charges.
2. All articles stored by agreement, where charges have not been paid for 12 months, will be sold to pay charges.
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Assembly Bill No. 289Mr. Swackhamer
CHAPTER 121
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Lander county, Nevada, regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith, approved March 13, 1953, as amended.
[Approved March 25, 1963]
Whereas, The legislative delegation from Lander County in the 52nd session of the Nevada legislature has received a communication signed by all of the county officers of Lander County, including the county commissioners, seeking an increase in salaries for Lander County elected officers and deputies by amendment of present law; now, therefore,
κ1963 Statutes of Nevada, Page 172 (CHAPTER 121, AB 289)κ
signed by all of the county officers of Lander County, including the county commissioners, seeking an increase in salaries for Lander County elected officers and deputies by amendment of present law; now, therefore,
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 96, Statutes of Nevada 1953, as last amended by chapter 77, Statutes of Nevada 1961, at page 86, is hereby amended to read as follows:
Section 2. The sheriff of Lander County shall receive an annual salary of [$5,700,] $6,300, which salary shall be compensation in full for all services rendered as sheriff and ex officio license collector. The sheriff shall pay into the county treasury each month all moneys collected by him as license fees, and as fees in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to the sheriff for any month unless the statement has been so made and filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a distance greater than 10 miles from the county seat, he shall be allowed his necessary traveling expenses; and provided further, that when it becomes necessary in civil cases for the sheriff to travel a distance greater than 10 miles from the county seat he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid. The sheriff is authorized and empowered to employ, and may hereafter appoint, three deputies. The three deputies so appointed shall each receive an annual salary of [$5,370.] $5,970. The sheriff may also appoint such additional number of deputy sheriffs as may be authorized by the board of county commissioners for such time and at such salary as the board may authorize.
Sec. 2. Section 3 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 77, Statutes of Nevada 1961, at page 86, is hereby amended to read as follows:
Section 3. The county assessor of Lander County shall receive an annual salary of [$5,700,] $6,300, which salary shall be compensation in full for all services rendered.
Sec. 3. Section 4 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 77, Statutes of Nevada 1961, at page 87, is hereby amended to read as follows:
Section 4. The county recorder, as such, and as ex officio auditor, shall receive an annual salary of [$5,700,] $6,300, and the fees allowed under the provisions of NRS 247.290 and 247.300. He shall perform all county work required in the office and extend the annual assessment roll without further compensation or charge against the county.
κ1963 Statutes of Nevada, Page 173 (CHAPTER 121, AB 289)κ
Sec. 4. Section 5 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 77, Statutes of Nevada 1961, at page 87, is hereby amended to read as follows:
Section 5. The county treasurer shall receive an annual salary of [$5,700,] $6,300, which salary shall be compensation in full for all services rendered.
Sec. 5. Section 6 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 77, Statutes of Nevada 1961, at page 87, is hereby amended to read as follows:
Section 6. The county clerk shall receive an annual salary of [$5,700,] $6,300, which salary shall be compensated in full for all services rendered.
Sec. 6. Section 7 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 77, Statutes of Nevada 1961, at page 87, is hereby amended to read as follows:
Section 7. The district attorney, as such, shall receive an annual salary of [$5,700,] $6,300, which salary shall be compensation in full for all services rendered.
Sec. 7. Section 8 of the above-entitled act, being chapter 96, Statutes of Nevada 1953, as last amended by chapter 77, Statutes of Nevada 1961, at page 87, is hereby amended to read as follows:
Section 8. Each county commissioner shall receive an annual salary of [$2,100] $2,700 in full compensation for all services and expenses; provided, that any commissioner residing more than 10 miles from the county seat of Lander County shall receive in addition to his salary the sum of 10 cents per mile for each mile necessarily traveled in attending necessary meetings of the board of county commissioners.
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Assembly Bill No. 223Committee on Ways and Means
CHAPTER 122
AN ACT providing additional and supplemental appropriations from the general fund in the state treasury for the support of the state department of education, the state department of health and the state distributive school fund for the fiscal year ending June 30, 1963; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. For the fiscal year ending June 30, 1963, there is hereby appropriated from the general fund in the state treasury the sum of $12,500 for the support of the state department of education for public school teachers retirement as an additional and supplemental appropriation to that allowed and made by section 25 of chapter 316, Statutes of Nevada 1961.
κ1963 Statutes of Nevada, Page 174 (CHAPTER 122, AB 223)κ
Sec. 2. For the fiscal year ending June 30, 1963, there is hereby appropriated from the general fund in the state treasury the sum of $117,254 for the support of the state department of health for tuberculosis control as an additional and supplemental appropriation to that allowed and made by section 35 of chapter 316, Statutes of Nevada 1961.
Sec. 3. For the fiscal year ending June 30, 1963, there is hereby appropriated from the general fund in the state treasury the sum of $750,000 for the support of the state distributive school fund as an additional and supplemental appropriation to that allowed and made by section 2 of chapter 317, Statutes of Nevada 1961.
Sec. 4. On July 1, 1963, any unexpended balances of the appropriations herein made for the fiscal year ending June 30, 1963, shall revert to the general fund in the state treasury.
Sec. 5. This act shall become effective upon passage and approval.
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Assembly Bill No. 181Committee on Roads, Transportation and Aviation
CHAPTER 123
AN ACT to amend chapter 482 of NRS, relating to licensing and registration of motor vehicles and trailers, by adding a new section creating the motor vehicles working capital fund; providing for its uses; and providing other matters properly relating thereto.
[Approved March 25, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The motor vehicle working capital fund in the amount of $5,000 is hereby created and may be used for the following purposes, and no other:
(a) To cover bad checks received by the department and deposited to the account of the department in banks of Nevada.
(b) For branch office change funds.
2. Moneys in such fund shall be deposited in a bank in the State of Nevada.
Sec. 2. The motor vehicle working capital fund shall consist of $5,000 which was transferred from the account of the public service commission at the time of the establishment of the department of motor vehicles.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 175κ
Assembly Bill No. 169Messrs. Christensen and Valentine
CHAPTER 124
AN ACT relating to the City of Sparks, Nevada; authorizing and empowering the city to improve, extend and better the municipal sewer system by constructing, installing and otherwise acquiring a sewage treatment plant, with equipment and appurtenances; providing for the payment of the cost thereof by the issuance of general obligation bonds; specifying powers, privileges, rights, liabilities and duties of the city and its inhabitants and of other public and private bodies in connection therewith; validating, ratifying, approving and confirming all acts and proceedings heretofore had and taken insofar as the same may be consistent herewith; and providing other matters properly relating thereto.
[Approved March 25, 1963]
Whereas, There was submitted at a special municipal bond election held in the City of Sparks, Nevada, on Tuesday, the 6th day of November 1962, and approved by the qualified electors thereof a question to authorize the City of Sparks to issue its negotiable, coupon bonds in the aggregate principal amount of $3,990,000, or so much thereof as may be necessary, for the purpose of improving, extending and bettering the municipal sewer system by constructing, installing and otherwise acquiring a sewage treatment plant, with equipment and appurtenances; and
Whereas, Studies indicate that certain powers, hereafter enumerated, are necessary in order to enable the city adequately to improve, extend and better such system, as authorized at such election; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. This act shall be known and may be cited as the City of Sparks, Nevada, 1963 Sewer Financing Act.
Sec. 2. The city council of the City of Sparks, in the County of Washoe and State of Nevada (herein sometimes designated as the council), in addition to the powers elsewhere conferred upon the council, is hereby authorized and empowered, without the necessity of an election, hearing, referendum or other or further preliminaries not expressly prescribed herein:
1. To improve, extend and better the municipal sewer system by constructing, installing and otherwise acquiring a sewage treatment plant, with equipment and appurtenances, located wholly within or wholly without, or partially within and partially without, the corporate limits of the City of Sparks or of any other city, town, unincorporated town, municipality, other quasi-municipal district, any other political subdivision of the State of Nevada or unincorporated area which is located within the County of Washoe; and
2. To defray, wholly or in part, the cost thereof by the issuance of the citys negotiable, coupon, general obligation bonds in the aggregate principal amount of not exceeding $3,990,000, or so much thereof as may be necessary for such purpose; and
κ1963 Statutes of Nevada, Page 176 (CHAPTER 124, AB 169)κ
3. To acquire by purchase, installment purchase, construction, reconstruction, lease, option to purchase, lease with option to purchase, grant, endowment, bequest, devise, installation, condemnation, contract, or in any other manner (or any combination thereof) any property, real, mixed or otherwise, to be used in connection with the sewage treatment plant, or part thereof, or in any way appertaining to the municipal sewer system, and to hold the same in joint, several or sole ownership; and
4. To enter into joint acquisition, improvement, operation, service or disposal contracts, agreements or other arrangements, for any term mutually agreed upon, or to exercise jointly any other power granted herein, with the State of Nevada, or any agency, instrumentality or corporation thereof, or any county, municipality or other city, town, unincorporated town, other quasi-municipal district or any other political subdivision of the state; and
5. To fix and collect rents, rates, fees, tolls and other charges (in this act sometimes referred to as service charges) for direct or indirect connection with, or the use or services of, the municipal sewer system, including, without limiting the generality of the foregoing, minimum charges and charges for the availability of service. Such service charges may be charged to and collected in advance or otherwise by the city from any person, association, corporation or other entity contracting for such connection or use or services or from the owner or occupant, or both of them, of any real property which directly or indirectly is or has been or will be connected with the sewer system or from or on which originates or has originated sewage or other wastes which directly or indirectly have entered or may enter the municipal sewer system, and the owner (or occupant) of any such real property shall be liable for and shall pay such service charges to the city at the time when and place where such service charges are due and payable. Such rents, rates, fees, tolls and other charges, being in the nature of use or service charges, shall, as nearly as the council shall deem practicable and equitable, be reasonable, and shall be uniform throughout the city for the same type, class and amount of use or service of the municipal sewer system, and may be based or computed either on measurements of sewage flow devices duly provided and maintained by the city or any user as approved by the city and analyses of sewage samples procured and made by or in a manner approved by the city; or on the consumption of water in or on or in connection with commercial or industrial property, making due allowance for commercial use of water and infiltration of ground water and discharge of surface runoff to the sewer system, or on the number and kind of water outlets on or in connection with the property, or on the number and kind of plumbing or sewage fixtures or facilities in or on or in connection with the property, or on the number of persons residing or working in or on or otherwise connected or identified with the property, or on the capacity of the improvements in or on or connected with the property, or upon the availability of service or readiness to serve by the sewer system, or on any other factors determining the type, class and amount of use or service