[Rev. 2/28/2019 2:32:07 PM]
κ1963 Statutes of Nevada, Page 353 (CHAPTER 218, SB 266)κ
(c) The purpose for which the bonds are to be issued.
(d) The maximum amount of the bonds.
(e) The maximum rate of interest, not to exceed 5 percent per annum.
(f) The maximum number of years, not exceeding 30, which the bonds are to run.
10. 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 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.
11. The submission of a question of issuing bonds as herein provided shall not prevent or prohibit the submission of the same or a similar question at a subsequent election called for that purpose.
Sec. 2. 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the board at one time or from time to time, as the board may determine, to defray the cost of the Project, including all proper incidental expenses.
2. Bonds shall be sold at public or private sale for not less than the principal amount thereof and accrued interest thereon, or, at the option of the board, below par at a discount not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the city of more than 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the city of more than 5 percent per annum computed to maturity according to standard tables of bond values to the extent the maximum or any lesser amount of discount permitted by the board shall have been capitalized as a cost of the Project.
3. No discount (except as herein otherwise provided expressly or by necessary implication) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
4. The board may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.
5. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the board, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the city from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any construction or other reasonable period, and of a reserve fund to secure additionally the payment of the interest on and the principal of the bonds, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the board.
κ1963 Statutes of Nevada, Page 354 (CHAPTER 218, SB 266)κ
proceeds of any sale discount, or interest on the bonds for any construction or other reasonable period, and of a reserve fund to secure additionally the payment of the interest on and the principal of the bonds, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the board.
6. Any unexpended balance of such bond proceeds remaining after the completion of the Project shall be paid immediately into the fund created for the payment of the principal of the bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and in the proceedings authorizing their issuance.
7. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.
8. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the city, the board, or any of the officers, agents and employees of the city.
9. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.
Sec. 3. 1. Bonds issued pursuant hereto shall be a debt of the city, and the city shall thereby pledge its full faith and credit for their payment. Bonds may be paid out of any funds of the city available therefor, including but not necessarily limited to general tax proceeds.
2. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the city, except for general tax proceeds. No property of the city, subject to the use of general tax proceeds and any other moneys available therefor, shall be liable to be forfeited or taken in payment of the bonds.
3. Any ordinance authorizing the issuance of bonds may provide for the accumulation and maintenance of a reasonable reserve fund to secure additionally the payment of the interest on and the principal of the bonds from bond proceeds, from general taxes, or otherwise, as the board may determine.
Sec. 4. Each series of bonds shall be authorized by ordinance of the board.
Sec. 5. 1. Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof.
2. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Sec. 6. 1. The bonds of any series hereunder shall:
(a) Be of convenient denominations;
(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment either as to principal only, or as to both principal and interest, or at the option of the holder as to principal only or as to both principal and interest;
κ1963 Statutes of Nevada, Page 355 (CHAPTER 218, SB 266)κ
(c) Be issued at one time or from time to time in one series or more;
(d) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 30 years from the date of the bonds, commencing not later than 3 years therefrom, and in substantially equal amounts of principal, or upon an amortization plan for such bonds so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on the bonds, or upon an amortization plan for all general obligation bonds of the city so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on all outstanding bonds of the city (excluding any general obligation bonds also payable from pledged revenues), except that the first or last installment of principal, or both may be for greater or lesser amounts than required by any of the aforesaid limitations, or upon any other plan as the city may determine;
(e) Bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year;
(f) 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, unless they be registered for payment as to both principal and interest, each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it is attached;
(g) 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
(h) Be printed at such place or places, within or without the state, as the board may determine.
2. Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, as the board may determine and state therein.
3. Bonds may be issued with privileges for registration for payment as to principal only, or both principal and interest, or at the option of the holder as to principal only or as to both principal and interest, and where interest accruing on the bonds is not represented by interest coupons, the bonds may provide for the endorsing of payments of interest thereon.
4. The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
5. Pending preparation of the definitive bonds, temporary bonds in such form and with such provisions as the board may determine may be issued.
κ1963 Statutes of Nevada, Page 356 (CHAPTER 218, SB 266)κ
6. Subject to the payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
7. Notwithstanding any other provision of law, the board in any proceedings authorizing bonds hereunder:
(a) May provide for the initial issuance of one or more bonds (in this subsection 7 called bond) aggregating the amount of the entire issue or any portion thereof;
(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable;
(c) May provide for the making of any such bond payable to bearer or otherwise, registrable as to principal only, or as to both principal and interest, or both as to principal only or as to both principal and interest at the holders option, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and
(d) May make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal only, or both principal and interest, or either principal only or both principal and interest at the option of the holder.
8. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:
(a) Proof of ownership;
(b) Proof of loss or destruction;
(c) A surety bond in twice the face amount of the bond and coupons; and
(d) Payment of the cost of preparing and issuing the new bond.
9. Any other bond may be reissued upon such conditions as the board may determine.
10. Any bond shall be executed in the name of and on behalf of the city, signed by the mayor, countersigned by the city treasurer, and signed by the city clerk, with the seal of the city affixed thereto.
11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the city treasurer.
12. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized; provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature. (Such a filing is not a condition precedent to the execution of any coupon.)
13. The city clerk may cause the seal of the city 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.
κ1963 Statutes of Nevada, Page 357 (CHAPTER 218, SB 266)κ
14. The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the city, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
15. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 7. Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 8. 1. The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all the taxable property in the city, including the net proceeds of mines.
2. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the state, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the city, without limitation as to rate or amount and without regard to any statutory limitation now or hereafter existing.
3. It shall be the duty of the board of supervisors of the city, the board of county commissioners, 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 the same become due.
4. Any such tax levy shall enjoy the same priority as provided by NRS 350.250, as from time to time amended, for other taxes levied for the payment of bonded indebtedness over taxes levied for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
5. Nothing herein contained shall be construed as prohibiting the board of supervisors from causing the payment of such principal and interest from the proceeds of any available revenues, and the levy or levies of general taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.
Sec. 9. 1. Before the city shall cause to be delivered bonds hereunder, all such bonds shall be registered by the city treasurer in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds;
(b) The time of payment; and
(c) The rate of interest the bonds bear.
3. After registration by the city treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the city, upon payment being made therefor on the terms of the sale or sales.
κ1963 Statutes of Nevada, Page 358 (CHAPTER 218, SB 266)κ
city, upon payment being made therefor on the terms of the sale or sales.
Sec. 10. Whenever the city treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the word Paid, together with the date of its payment, sign his name thereto, and transmit the same to the city clerk, taking his receipt therefor, which receipt shall be filed with the city clerks records. The city clerk shall credit the city treasurer on his books for the amount so paid.
Sec. 11. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 12. The exercise of any power herein authorized by the board upon behalf of the city has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.
Sec. 13. 1. This act, without reference to other statutes of the state, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted, including but not limited to:
(a) The Project; and
(b) The borrowing of money and issuance of bonds or other securities to evidence such loans.
2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.
3. No board, agency, bureau, commission or official, other that the board of supervisors of the city, shall have authority to fix, prescribe, modify, supervise or regulate the levy or collection of taxes herein designated, except as herein expressly provided or necessarily implied, nor to supervise or regulate the Project herein authorized.
4. The provisions of no other law, either general, special or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the board of supervisors of the city, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.
5. 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.
6. Nothing contained in this act shall be construed as preventing the exercise of any power granted to the city, the board, or any officer, agent or employee of the city by any other law.
7. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
κ1963 Statutes of Nevada, Page 359 (CHAPTER 218, SB 266)κ
of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 14. 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. 15. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provisions shall not affect any of the remaining provisions of this act.
Sec. 16. This act shall become effective upon passage and approval.
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Assembly Bill No. 165Mr. Posin
CHAPTER 219
AN ACT to amend chapter 41 of NRS, relating to actions and proceedings in particular cases concerning persons, by adding a new section relieving any physician or nurse from civil liability who renders aid at the scene of an emergency gratuitously and in good faith; and providing other matters properly relating thereto.
[Approved April 2, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 41 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person who is a licensed physician or nurse in this state, who renders emergency care at the scene of an emergency, gratuitously and in good faith, shall not be held liable for any civil damages as a result of any act or omission by such person in rendering the emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment for the injured person.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 360κ
Assembly Bill No. 41Mr. Johnson
CHAPTER 220
AN ACT to amend NRS sections 473.035, 473.050 and 473.060, relating to the alteration of boundaries of Clarke-McNary fire protection districts, the preparation of budgets for such districts, the collection of fire taxes and the issuance of bonds to provide fire-fighting equipment, by authorizing the state forester firewarden to change boundaries to conform to annexations by incorporated cities and certain land use zoning; limiting the amount of fire taxes; clarifying provisions relating to tax assessment and collection; providing for the deposit and use of fire tax moneys; and providing other matters properly relating thereto.
[Approved April 2, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 473.035 is hereby amended to read as follows:
473.035 1. The boundaries of any fire protection district organized under this chapter may be altered by the inclusion of new territory therein or by the exclusion of territory comprising a part of the district in the manner provided in this section.
2. Upon receiving a written petition containing a description of the territory proposed to be excluded or to be included (which territory shall be contiguous to the district), which petition shall contain a statement advising the signers that their property will be subject to the levy of a tax for the support of the fire protection district, and signed by not less than a majority of the property owners within such territory, the state forester firewarden shall determine the feasibility of including or excluding such territory and shall notify the board of directors of the district of his decision.
3. The board of directors, upon receipt of a notice in writing from the state forester firewarden of the decision to include territory in or to exclude territory from the fire protection district, shall prepare a resolution:
(a) Describing the territory to be included or excluded; and
(b) Stating the purpose for such inclusion or exclusion.
4. Upon the adoption of the resolution the board of directors shall forthwith notify the state forester firewarden of such resolution. Such territory shall be deemed to be included in or excluded from the fire protection district from the date of such resolution.
5. Upon the inclusion of any contiguous territory in a fire protection district the state forester firewarden shall establish rules and regulations for the organization of the territory to meet the terms of the Clarke-McNary Act.
6. Should any portion of the territory included in a fire protection district be annexed to an incorporated city or lands adjacent to an incorporated city be zoned for residential, small estates or commercial use pursuant to law, the state forester firewarden may declare the portion so annexed or zoned to be excluded from the district, and he shall change the district boundary to conform to the annexation or zoning.
Sec. 2. NRS 473.050 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 361 (CHAPTER 220, AB 41)κ
473.050 1. [With the approval of the state board of forestry and fire control, the state forester firewarden shall:] For the consideration and approval of the district board of directors, the state forester firewarden shall annually:
(a) Prepare a budget estimating the amount of money which will be needed to defray the expenses of the district organized under the provisions of NRS 473.020 and 473.030.
(b) Determine the amount of a special tax sufficient to raise the sum estimated to be necessary. The amount of the tax to be collected for the purposes of this section shall not exceed, in any 1 year, 1 percent of the assessed value of the property described in subsection 2.
2. When so determined, the state forester firewarden shall certify the amount of the estimated sum and the estimated tax to the board of county commissioners in the county or counties wherein such district or portion thereof is located. At the time of making the levy of county taxes for that year, the board of county commissioners may levy the tax certified, or a tax determined by the board of county commissioners to be sufficient for the purpose, upon all the real property, together with improvements thereon, and all telephone lines, powerlines and other public utility lines which are defined as personal property within the provisions of NRS 361.030, in the district within its county. Any tax levied on interstate or intercounty telephone lines, powerlines and other public utility lines as authorized herein shall be based upon valuations as established by the Nevada tax commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.
3. [If levied, the tax shall be entered upon the assessment roll and collected in the same manner as state and county taxes.
4. When collected, the tax herein provided for shall be deposited in the state treasury in the forest protection fund created by NRS 472.050, and shall be used for the sole purpose of the prevention and suppression of fires in such organized fire protection districts. All claims against the fire protection fund shall be certified by the state forester firewarden, approved by the state board of examiners, and paid out of the fire protection fund as other claims against the state are paid.] If levied the tax shall be assessed and collected in the same manner, at the same time and by the same officers as are state and county property taxes, and shall be paid to the county treasurer. The county treasurer shall keep the money in a separate fund designated by district name and it shall be used only for fire protection purposes.
4. Any tax money or county general fund money provided for support of the district may be used to provide structural as well as forest or watershed fire protection if deemed necessary. All such funds shall be expended in accordance with an annual budget prepared by the state forester firewarden and approved by the board of directors. The moneys so provided shall be disbursed by the county treasurer to the responsible protecting agencies in accordance with the budget. All claims shall be:
(a) Certified by a responsible officer of the protecting agency.
κ1963 Statutes of Nevada, Page 362 (CHAPTER 220, AB 41)κ
(b) Subject to approval and audit as are other claims against the agency.
(c) Subject to inspection and audit by the state forester firewarden and the board of county commissioners.
5. Any moneys budgeted for forest and watershed protection shall be deposited in the state treasury in the forest protection fund created by NRS 472.050 and shall be used for the sole purpose of the prevention and suppression of fires in such organized fire protection districts in accordance with state law, rules and regulations. If it appears desirable or necessary to the responsible authorities, the total amount raised may be deposited in the state treasury in the forest protection fund and disbursed by the state forester firewarden in accordance with the district budget.
Sec. 3. NRS 473.060 is hereby amended to read as follows:
473.060 1. The board of directors is empowered to prepare, issue and sell negotiable coupon bonds not exceeding [$10,000] $50,000 in amount, exclusive of interest, for the purpose of providing funds for the purchase of fire-fighting equipment and other necessary facilities for use in the respective fire protection districts eligible for federal aid under the Clarke-McNary Act.
2. The board of directors shall proceed with an election to carry out the purpose of this section in accordance with the provisions of NRS 350.010 to 350.200, inclusive.
3. The bonds shall be prepared and issued under the provisions of NRS 474.220 to 474.310, inclusive.
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Senate Bill No. 139Committee on Judiciary
CHAPTER 221
AN ACT to amend chapter 11 of NRS, relating to limitations within which civil actions may be commenced, by adding a new section providing the time limits within which actions may be commenced in the name of or for the benefit of the state; to repeal NRS section 11.230, relating to actions by or for the state; and providing other matters properly relating thereto.
[Approved April 4, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 11 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The provisions of this chapter concerning actions other than for the recovery of real property shall apply to actions brought in the name of the state, or for the benefit of the state, in the same manner as to actions by private individuals.
κ1963 Statutes of Nevada, Page 363 (CHAPTER 221, SB 139)κ
2. Except as provided in NRS 11.030 and 11.040, there shall be no limitation of actions brought in the name of the state, or for the benefit of the state, for the recovery of real property.
Sec. 2. NRS 11.230 is hereby repealed.
Sec. 3. This act shall become effective upon passage and approval.
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Assembly Bill No. 368Clark County Delegation
CHAPTER 222
AN ACT to amend NRS section 3.310, relating to bailiffs in district courts, by providing that the number of bailiffs in district courts shall be at least equal to the number of judges of such courts; by providing for the appointment of additional bailiffs in district courts under specified circumstances; and by providing other matters properly relating thereto.
[Approved April 4, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 3.310 is hereby amended to read as follows:
3.310 1. The judge of each district court may appoint a bailiff for the court in counties polling 4,500 or more votes. The bailiff may be appointed and removed at the pleasure of the judge appointing him.
2. In all judicial districts where there is more than one judge, there may be a number of bailiffs at least equal to [one less than] the number of judges, and in any judicial district where a circuit judge has presided for more than 50 percent of the regular judicial days of the prior calendar year, there may be one additional bailiff, each bailiff to be appointed by the joint action of the judges. If the judges cannot agree upon the appointment of any bailiff within 30 days after a vacancy occurs in the office of bailiff, then the appointment shall be made by a majority of the board of county commissioners.
3. Each bailiff shall:
(a) Preserve order in the court.
(b) Attend upon the jury.
(c) Open and close court.
(d) Perform such other duties as may be required of him by the judge of the court.
4. The bailiff shall be a qualified elector of the county and shall give a bond, to be approved by the district judge, in the sum of $2,000, conditioned for the faithful performance of his duty. The bailiff shall have all the powers of a peace officer.
5. The compensation of each bailiff for his services shall be fixed by the board of county commissioners of the county in which the district is located.
κ1963 Statutes of Nevada, Page 364 (CHAPTER 222, AB 368)κ
district is located. Compensation of bailiffs in judicial districts wherein there is more than one judge shall be not less than $500 per month. Compensation of bailiffs in judicial districts wherein there is only one judge shall be not more than $350 per month. The salary of each bailiff shall be paid by the county wherein he is appointed, the same as the salaries of other county officers are paid.
6. The board of county commissioners of the respective counties shall allow the salary stated in subsection 5 as other salaries are allowed to county officers, and the county auditor shall draw his warrant for the same, and the county treasurer shall pay the same.
7. The provisions of this section shall not be construed:
(a) To authorize the bailiff to serve any civil or criminal process, except such orders of the court which shall be specially directed by the court or the presiding judge thereof to him for service.
(b) To relieve the sheriff of any duty required of him by law to maintain order in the courtroom.
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Assembly Bill No. 341Messrs. Glaser and Young
CHAPTER 223
AN ACT to amend an act entitled An Act to incorporate the town of Wells, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor; and other matters relating thereto, approved March 24, 1927, as amended.
[Approved April 4, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 19 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 154, is hereby amended to read as follows:
Section 19. Ordinances-Power to Enact-How Enacted-Style of. The board of councilmen of [said] the city shall be vested with the power and charged with the duty of making all laws or ordinances not inconsistent with the constitution of this state or with this charter touching every subject, matter and object within the local government instituted by this act, and the style of the ordinances shall be: Be it ordained by the Board of Councilmen of the City of Wells, but such caption may be omitted when [said] such ordinances are published in book form. [or are revised and digested under order of the board.]
Sec. 2. Section 28 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 156, is hereby amended to read as follows:
Section 28. The municipal court shall be presided over by a police judge, who shall be a citizen of the state and resident of the [said] city for not less than one year and who shall be a qualified elector of [said] the city.
κ1963 Statutes of Nevada, Page 365 (CHAPTER 223, AB 341)κ
[said] the city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for a justice of the peace, wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of [said] the city or of this act, or of a violation of a municipal nature, and the [said] court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of [said] the city and be governed by the same rules and receive the same fees as are now, or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The court shall have exclusive jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in [said] the court shall conform, as nearly as practicable, to the practice and proceedings of the [justice] justices courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city or county jail, at the rate of one day for every [two] four dollars of such fine, or [said] the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of [said] the city, at a rate of [two] four dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
[Said] The court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also, of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also, of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars, also, for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from [said] the court in any of the cases named above, when the principal sum claimed does not exceed three hundred dollars; also, for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided by law for certification of causes by [justice] justices courts.
κ1963 Statutes of Nevada, Page 366 (CHAPTER 223, AB 341)κ
The [said] court shall have jurisdiction of offenses committed within the city, which violate the peace and good order of the city, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive, or opprobrious conduct, and of all offenses under ordinances of the city.
The [said] court shall be treated and considered as a [justice] justices court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of [said] the court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.
The police judge shall keep a docket in which shall be entered all official business in like manner as in [justice] justices courts. He shall render monthly or oftener, as the councilmen may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.
In all cases in which the police judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of [said] the county on the written request of the mayor, may act in the place and stead of such police judge, and the councilmen shall have the power to apportion ratably the salary or compensation of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.
Appeals to the district court may be taken from any final judgment of [said] the municipal court, in the same manner and with the same effect as in cases of appeal from [justice] justices courts, in civil and criminal cases, as the case may be.
All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.
Sec. 3. The above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 141, is hereby amended by adding thereto a new section to be designated as section 29.3 of Chapter II, which shall immediately follow section 29 of Chapter II, and shall read as follows:
Section 29.3. An ordinance adopting any specialized or uniform building, plumbing or electrical code or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city, and with such other changes as may be desirable, by reference thereto, without the necessity of reading the same at length as provided in section 29.
κ1963 Statutes of Nevada, Page 367 (CHAPTER 223, AB 341)κ
desirable, by reference thereto, without the necessity of reading the same at length as provided in section 29. Such code, upon adoption, need not be published as required by section 29 if an adequate number of copies of such code, either typewritten or printed, with such changes, if any, has been filed for use and examination by the public in the office of the city clerk at least 1 week prior to the passage of the ordinance adopting the code, or any amendment thereto. Notice of such filing shall be given by one publication in a newspaper in the city, if any there be, otherwise in some newspaper published in the county and having a general circulation in the city, at least 1 week prior to the passage of the ordinance adopting the code.
Sec. 4. The above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 141, is hereby amended by adding thereto a new section to be designated as section 29.5 of Chapter II, which shall immediately follow section 29.3 of Chapter II, and shall read as follows:
Section 29.5. 1. The board of councilmen shall have the power to codify and publish a code of its municipal ordinances in the form of a municipal code, which code may, at the election of the board of councilmen, have incorporated therein a copy of this charter and such additional data as the board of councilmen may prescribe. When such a publication is published, two copies shall be filed with the librarian of the Nevada state library, and thereafter the same shall be received in all courts of this state as an authorized compilation of the municipal ordinances of the city.
2. The ordinances in the code shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signature of the mayor, attestations and other formal parts.
3. The codification shall be adopted by an ordinance which shall not contain any substantive changes, modifications or alterations of existing ordinances, and the only title necessary for the ordinance shall be An ordinance for codifying and compiling the general ordinances of the City of Wells.
4. The codification may, by ordinance regularly passed, adopted and published, be amended or extended.
Sec. 5. Section 36 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 171, is hereby amended to read as follows:
Section 36. Chain Gang. The board of councilmen shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding eight hours each working day; and for such work the person so employed shall be allowed [two] four dollars for each days work on account of such fine and costs. The board may provide for the formation of a chain gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.
Sec. 6. Section 47 of Chapter II of the above-entitled act, being chapter 104, Statutes of Nevada 1927, at page 176, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 368 (CHAPTER 223, AB 341)κ
Section 47. [City Moneys Kept Intact. The treasurer shall keep all money belonging to the city separate and distinct from his own money.] Deposit of City Funds in Banks; Funds to be Kept Separate.
1. The treasurer shall keep all money belonging to the city separate and distinct from all other moneys held by him for any other purpose or fund whatsoever, and may, when a state or national bank is located in the city, deposit, with unanimous consent of his bondsmen, city funds in such bank or banks upon open account. When no such bank or banks exist in the city, he may deposit, with the unanimous consent of his bondsmen, city funds with any state or national bank in the State of Nevada.
2. Such accounts shall be kept in the name of the city in such manner as the board of councilmen may prescribe and under such terms and conditions for the protection of the funds as the board of councilmen may determine, not inconsistent with other laws of the State of Nevada regulating the deposit of public funds.
3. The balances in banks, as certified to by the proper officer thereof, and by the oath of the treasurer, may be counted as cash.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 339Messrs. Young and Glaser
CHAPTER 224
AN ACT to amend an act entitled An Act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 14, 1917, as amended.
[Approved April 4, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 127, is hereby amended by adding thereto a new section to be designated as section 16.5 of Chapter II, which shall immediately follow section 16 of Chapter II, and shall read as follows:
Section 16.5. Mayors Power to Remit Fines, Forfeitures and Release Prisoners. The mayor may remit fines and forfeitures and release any person imprisoned for violation of any city ordinance, and he shall report such remittance or release, with the cause thereof, to the board of supervisors at its next meeting.
Sec. 2. Section 28 of Chapter II of the above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 142, is hereby amended to read as follows:
Section 28. The municipal court shall be presided over by a police judge, who shall be a citizen of the state and resident of the [said] city for not less than one year and who shall be a qualified elector of [said] the city.
κ1963 Statutes of Nevada, Page 369 (CHAPTER 224, AB 339)κ
elector of [said] the city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for a justice of the peace, wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of [said] the city or of this act, or of a violation of a municipal nature, and the [said] court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of [said] the city and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The court shall have exclusive jurisdiction to hear, try and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in [said] the court shall conform, as nearly as practicable, to the practice and proceedings of the [justice] justices courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city or county jail, at the rate of one day for every [two] four dollars of such fine, or [said] the court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets of public works of [said] the city, at a rate of [two] four dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied.
[Said] The court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also of actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from [said] the court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certification of causes by [justice] justices courts.
κ1963 Statutes of Nevada, Page 370 (CHAPTER 224, AB 339)κ
The [said] court shall have jurisdiction of offenses committed within the city, which violate the peace and good order of the city, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, fighting, quarreling, dog fights, cock fights, routs, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive, or opprobious conduct, and of all offenses under ordinances of the city.
The [said] court shall be treated and considered as a [justice] justices court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of [said] the court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justices of the peace.
The police judge shall keep a docket in which shall be entered all official business in like manner as in [justice] justices courts. He shall render monthly or oftener, as the supervisors may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed but uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report.
In all cases in which the police judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence or inability to act, any justice of the peace of [said] the county, on the written request of the mayor, may act in the place and stead of such justice of the peace, and the supervisors shall have power to apportion ratably the salary or compensation of such police judge to such justice of the peace so serving, and deduct the sum so apportioned from the salary of such police judge.
Appeals to the district court may be taken from any final judgment of [said] the municipal court, in the same manner and with the same effect as in cases of appeal from [justice] justices courts in civil or criminal cases, as the case may be.
All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or any policeman of the city.
Sec. 3. Section 35 of Chapter II of the above-entitled act, being chapter 84, Statutes of Nevada 1917, as amended by chapter 121, Statutes of Nevada 1921, at page 197, is hereby amended to read as follows:
Section 35. Punishment of Offenders. In all actions for the violation of any ordinance, it shall be sufficient if the complaint refer to the title and section of the ordinance under which such action is brought. Any person upon whom any fine or penalty shall be imposed may, upon the order of the court before whom the conviction is had, be committed to the county jail or the city prison, or to such other place as may be provided by the city for the incarceration of offenders, until such fine, penalty and costs shall be paid, or satisfied at the rate of one day for each [two] four dollars of such fines and costs.
κ1963 Statutes of Nevada, Page 371 (CHAPTER 224, AB 339)κ
as may be provided by the city for the incarceration of offenders, until such fine, penalty and costs shall be paid, or satisfied at the rate of one day for each [two] four dollars of such fines and costs.
Sec. 4. Section 36 of Chapter II of the above-entitled act, being chapter 84, Statutes of Nevada 1917, at page 157, is hereby amended to read as follows:
Section 36. Chain Gang. The board of supervisors shall have power to provide by ordinance that every person committed shall be required to work for the city at such labor as his strength will permit, not exceeding eight hours each working day; and for such work the person so employed shall be allowed [two] four dollars for each days work on account of such fine and costs. The board may provide for the formation of a chain gang for persons convicted of offenses in violation of the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 297Clark County Delegation
CHAPTER 225
AN ACT to amend NRS section 171.085, relating to limitations of criminal prosecutions for felonies other than murder, by providing that the filing of an information or complaint satisfies the requirements of the statute; and providing other matters properly relating thereto.
[Approved April 4, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 171.085 is hereby amended to read as follows:
171.085 1. An indictment for theft, robbery, burglary, forgery, arson or rape must be found, [and] or an information or complaint filed, within 4 years after the commission of the offense.
2. An indictment for any other felony than murder, theft, robbery, burglary, forgery, arson or rape must be found, [and] or an information or complaint filed, within 3 years after the commission of the offense.
________
κ1963 Statutes of Nevada, Page 372κ
Assembly Bill No. 82Committee on Banking, Insurance and Corporations
CHAPTER 226
AN ACT to amend NRS sections 684.020 and 684.030, relating to licensing of insurance brokers, agents and solicitors, by adding definitions of managing general agent and service representative; by exempting from licensing persons delivering certificates of coverage under inland marine insurance contracts under certain circumstances; and by providing other matters properly relating thereto.
[Approved April 4, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 684.020 is hereby amended to read as follows:
684.020 As used in this chapter:
1. Agent means any person, partnership, association or corporation who or which solicits, negotiates or effects in this state, on behalf of any company, contracts for insurance of any of the classifications listed in NRS 681.010. A person who secures and forwards information for the purposes of group insurance coverages or for enrolling individuals under group insurance coverages, or issuing certificates thereunder, where no commission is paid for such services, is not an agent and is not required to be licensed under the provisions of this Title.
2. Broker means a person who, for compensation and on behalf of another person, transacts insurance with, but not on behalf of, any insurer.
3. Managing general agent means an individual, firm, corporation, copartnership or other legal entity appointed, as an independent contractor, by one or more insurers to exercise general supervision over the business of the insurer in this state, with authority to appoint agents for such insurers and to terminate such appointments. This subsection shall not apply to life and accident and health insurance.
4. Nonresident agent means any agent as defined in subsection 1, residing in the District of Columbia, the territories or any state in the United States other than Nevada.
[4.] 5. Nonresident broker means any person, partnership, association or corporation, not a resident of or a domiciled company in this state, who or which for money, commission, brokerage or anything of value acts or aids in any manner in any solicitation or negotiation, on behalf of the assured, of contracts of any of the kind or kinds enumerated in chapter 681 of NRS.
[5.] 6. Service representative means an individual regularly employed on salary by an insurer, group of insurers, or managing general agent, who works in the field with and assists agents and solicitors in soliciting, negotiating and effectuating insurance for such insurer or for the insurers represented by such managing general agent. This subsection shall not apply to life and accident and health insurance.
7. Solicitor means any person engaged in the solicitation of contracts of the kind or kinds enumerated for any agent, broker or nonresident broker.
κ1963 Statutes of Nevada, Page 373 (CHAPTER 226, AB 82)κ
Sec. 2. NRS 684.030 is hereby amended to read as follows:
684.030 This chapter shall not apply to the following:
1. Fraternal benefit societies as defined in this Title, their agents, representatives or employees.
2. Employees engaged solely in office duties for any company, agent, broker or nonresident broker.
3. Salaried administrative and clerical employees performing any functions in the offices of and under the supervision of resident agents or brokers for which such employees do not receive commissions.
4. Employees of companies or of organizations employed by companies who are engaged in inspecting, rating or classifying of risks or in the supervision of agents, and who are not engaged in the solicitation or writing of insurance.
5. Officers of companies or of an association of companies engaged in the performance of their usual and customary executive duties.
6. Persons completing or delivering declarations or certificates of coverage under running inland marine insurance contracts evidencing coverage thereunder, if:
(a) The person completing or delivering such certificate or declaration does not receive any commission on such insurance directly or indirectly; and
(b) The person completing or delivering such certificate or declaration or his employer has an insurable interest in the risk evidenced by the certificate or declaration.
________
Assembly Bill No. 234Washoe County Delegation (District No. 3)
CHAPTER 227
AN ACT relating to the City of Reno, 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 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 April 4, 1963]
Whereas, Studies indicate that certain powers, hereafter enumerated, are necessary in order to enable the City of Reno, Nevada, to improve, extend and better the municipal sewer system by constructing, installing and otherwise acquiring a sewage treatment plant, with equipment and appurtenances; 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 Reno, Nevada, 1963 Sewer Financing Act.
κ1963 Statutes of Nevada, Page 374 (CHAPTER 227, AB 234)κ
Sec. 2. The city council of the City of Reno, in the county of Washoe and State of Nevada (herein sometimes designated as the council), in addition to, and not in limitation of, 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 (hereafter sometimes merely referred to as the 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 Reno 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.
2. To defray, wholly or in part, the cost thereof by the issuance of the citys negotiable coupon bonds in the aggregate principal amount of not exceeding $7,500,000, or so much thereof as may be necessary for such purpose, which bonds may consist of one or more, or any combination, of the following types of municipal obligations:
(a) General obligation bonds;
(b) General obligation bonds the payment of which is additionally secured by a pledge of all or any part of the revenues derived from the operation of the system; and
(c) Revenue bonds payable from all or any part of the revenues to be derived from the operation of the system;
provided, however, that the council may, at its option, determine, as hereafter provided, that any or all of the foregoing bonds shall be further secured by a specific pledge of all or any part of any other revenues of the city available therefor.
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, personal, 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.
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.
5. To enter into contracts, agreements or other arrangements with any person, association, corporation or other entity owning or operating any system for supplying water to the city or any part thereof or to any of its inhabitants (hereafter sometimes referred to as the water company) wherein the water company agrees, after notice from any city official expressly authorized by the council to give such notice and for a reasonable compensation, to deny its services rendered in connection with such water system to any property to which unpaid sewer service charges appertain.
κ1963 Statutes of Nevada, Page 375 (CHAPTER 227, AB 234)κ
company) wherein the water company agrees, after notice from any city official expressly authorized by the council to give such notice and for a reasonable compensation, to deny its services rendered in connection with such water system to any property to which unpaid sewer service charges appertain.
6. 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 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 of the sewer system, or on any combination of any such factors, and may give weight to the characteristics of the sewage and other wastes and any other special matter affecting the cost of treatment and disposal thereof, including chlorine demand, biochemical oxygen demand, concentration of solids and chemical composition. Reasonable penalties may be fixed for any delinquencies, including, without limiting the generality of the foregoing, interest on delinquent service charges from any date due at a rate of not exceeding 1 percent per month (or fraction thereof), reasonable attorneys fees and other costs of collection.
κ1963 Statutes of Nevada, Page 376 (CHAPTER 227, AB 234)κ
7. To apply the proceeds of such rents, rates, fees, tolls and other charges or any other funds that may be in the treasury of the city and available for that purpose to the payment of the general obligation bonds herein authorized in such a manner that the general (ad valorem) tax levy or levies made to discharge such bonds may thereupon to that extent be diminished or to the payment of the revenue bonds herein authorized, as the council may determine.
Sec. 3. 1. Each series of bonds shall be authorized by ordinance. The bonds herein authorized to be issued shall bear such date or dates, shall be in such convenient denomination or denominations, shall mature at any time or times but in no event exceeding 35 years thereafter, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by any of the aforesaid limitations, or at the option of the council, without limitation as to the manner in which they mature, and shall bear interest at a rate or rates not exceeding 6 percent per annum, which interest may be evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons appertaining to any bond may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such bonds and any coupons shall be payable in such medium of payment at any banking institution, the office of the city clerk or at such other place or places within or without the state as determined by the council; and such bonds at the option of the council may be in one or more series, may be made subject to prior redemption in such order or by lot or otherwise, at such time or times without or with the payment of a premium or premiums not exceeding 6 percent of the principal amount of each bond so redeemed, shall be negotiable in form, but may provide for their registration or conversion, or both, for payment as to principal or interest, or both. Such bonds, unless they be registered for payment as to interest or principal and interest, shall have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds. Each separate set of coupons shall be consecutively numbered and shall bear the number of the bond to which they are attached. Such bonds shall be signed by the mayor of the city, countersigned by the city treasurer and signed and attested by the city clerk, with the seal of the city affixed thereto and coupons shall bear the facsimile signature of the city treasurer. Any of such officers, after filing with the secretary of state his or her manual signature certified under oath, may execute or cause to be executed with a facsimile signature in lieu of his or her manual signature any bond or coupon herein authorized, provided that such a filing is not a condition of the valid execution with a facsimile signature of any interest coupon, and provided that at least one signature required or permitted to be placed on each bond (excluding any interest coupon) shall be manually subscribed. The city clerk may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond.
κ1963 Statutes of Nevada, Page 377 (CHAPTER 227, AB 234)κ
city clerk may cause the seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. A facsimile signature or facsimile seal shall have the same legal effect as if manually signed or impressed upon the bond or coupon. The bonds and any 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 city, 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.
2. Any officer herein authorized or permitted to sign any bond or interest coupon, 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 appertaining thereto, or upon both the bond and such coupons. The bonds shall otherwise be in such form with such recitals, terms, covenants and conditions, and with such other details as may be determined by the ordinance, and shall be printed at such place or places, within or without the State of Nevada, as the council may determine, subject, however, to the following limitations and restrictions:
(a) The total amount of bonds of all types issued pursuant to the provisions of this act shall not exceed $7,500,000, but nothing in this act shall be construed as prohibiting the issuance of bonds in a lesser amount or amounts for the purposes herein authorized; and
(b) The bonds issued pursuant to the provisions of this act may be delivered at one time or from time to time, provided that no such bonds shall be delivered after the expiration of 5 years from and after the effective date of this act.
Sec. 4. 1. Notwithstanding any other provision of law, the council may in any proceedings authorizing bonds hereunder:
(a) Provide for the initial issuance of one or more bonds (in this section 4 called bond) aggregating the amount of the entire issue;
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable; and
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to principal and interest, or both, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
2. The council may further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, principal and interest, or both.
Sec. 5. The council is hereby authorized to sell such bonds at one time, or from time to time, as the council may determine, at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery.
κ1963 Statutes of Nevada, Page 378 (CHAPTER 227, AB 234)κ
or at private sale, and for not less than the principal amount thereof and accrued interest to the date of delivery. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly, provided that the council may employ legal, fiscal, engineering and other expert services in connection with the improvement, extension and betterment of the municipal sewer system and in connection with the authorization, issuance and sale of such bonds.
Sec. 6. General obligation bonds authorized to be issued hereunder shall be payable from general (ad valorem) taxes levied against all the taxable property in the city, including the net proceeds of mines. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the state, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the city, and without regard to any statutory or charter limitations now or hereafter existing. It shall be the duty of the council, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of other available revenues and probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due. In any year in which the total taxes levied against the property in the city by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the state, 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 for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 7. The general obligation bonds authorized to be issued hereunder may be additionally secured by a pledge of all or a part of the revenues derived from the operation of the municipal sewer system, and, upon a determination by the council that further security is required in order to render the bonds marketable, the bonds may be further secured by a pledge of such other funds or revenues of the city as may legally be made available for the payment of such general obligation bonds.
Sec. 8. The revenue bonds authorized to be issued pursuant to the provisions of this act shall be payable from the net revenues to be derived from the operation of the municipal sewer system, and shall be secured by a pledge of all or a specified part of the net revenues of the system and, upon a determination by the council that further security is required in order to render the revenue bonds marketable, such revenue bonds may be further secured by a pledge of such other funds of the city as may be made legally available therefor, including, without limiting the generality of the foregoing, the proceeds of general taxes.
κ1963 Statutes of Nevada, Page 379 (CHAPTER 227, AB 234)κ
such other funds of the city as may be made legally available therefor, including, without limiting the generality of the foregoing, the proceeds of general taxes. Unless further secured by general taxes, each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenues pledged to the payment thereof and does not constitute a debt of the City of Reno within the meaning of any constitutional, statutory or charter limitations.
Sec. 9. The ordinance or ordinances providing for the issuance of such bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 10. Any ordinance authorizing the issuance of bonds pursuant to this act and any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred thereby), in order to secure the payment of such bonds, in agreement with the holders and owners of such bonds, as to any one or more of the following:
1. The service charges, and any taxes to be fixed, charged or levied, and the collection, use and disposition thereof, including but not limited to the foreclosure of liens for delinquencies, the discontinuance of services, facilities or commodities, or use of the system, prohibition against free service, the collection of penalties and collection costs, including disconnection and reconnection fees, and the use and disposition of any revenues of the city derived or to be derived, from any source.
2. The acquisition, improvement or equipment of all or any part of the system.
3. The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any bonds or of operation and maintenance expenses of the system, or part thereof, and the source, custody, security, use and disposition of any such reserves or funds, including but not limited to the powers and duties of any trustee with regard thereto.
4. A fair and reasonable payment by the city from its general fund or other available moneys to the account of the system for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
5. The purpose or purposes to which the proceeds of the sale of bonds may be applied, and the custody, security, use, expenditure, application and disposition thereof.
6. The payment of the principal of and interest on any bonds, and the sources and methods thereof, the rank or priority of any bonds as to any lien or security for payment, or the acceleration of any maturity of any bonds, or the issuance of other or additional bonds payable from or constituting a charge against or lien upon any revenues pledged for the payment of bonds and the creation of future liens and encumbrances thereagainst, and limitations thereon.
κ1963 Statutes of Nevada, Page 380 (CHAPTER 227, AB 234)κ
7. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the city.
8. The determination or definition of revenues from the system or of the expenses of operation and maintenance of such, the use and disposition of such revenues and the manner of and limitations upon paying such expenses.
9. The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to the system or funds, or both, and the use and disposition of any proceeds of such securities.
10. Books of account, the inspection and audit thereof, and other records appertaining to the system herein authorized.
11. The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of the system or any bonds having or which may have a lien on any part of any revenues of the city.
12. Limitations on the powers of the city to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with the system.
13. The vesting in a corporate or other trustee or trustees such property rights, powers and duties in trust as the city may determine which may include any or all of the rights, powers and duties of the trustee appointed by the holders of bonds, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
14. The payment of costs or expenses incident to the enforcement of the bonds or of the provisions of the ordinance or of any covenant or contract with the holders of the bonds.
15. The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of bonds may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.
16. Events of default, rights and liabilities arising therefrom, and the rights, liabilities, powers and duties arising upon the breach by the city of any covenants, conditions or obligations.
17. The terms and conditions upon which the holders of the bonds or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.
18. The terms and conditions upon which the holders of the bonds or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the system, operate and maintain the same, prescribe fees, rates and charges, and collect, receive and apply all revenues thereafter arising therefrom in the same manner as the city itself might do.
19. A procedure by which the terms of any ordinance authorizing bonds, or any other contract with any holders of bonds, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given.
κ1963 Statutes of Nevada, Page 381 (CHAPTER 227, AB 234)κ
bonds, or any other contract with any holders of bonds, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given.
20. The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.
21. All such acts and things as may be necessary or convenient or desirable in order to secure the citys bonds, or in the discretion of the council tend to make the bonds more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the city power to do all things in the issuance of bonds and for their security except as herein specifically limited.
Sec. 11. Bonds issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state, the county and any other political subdivision of the state.
Sec. 12. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 13. This act, without reference to other statutes of the state, except as herein otherwise specifically provided, shall constitute full authority for the authorization and issuance of bonds hereunder. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one, and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 14. 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. 15. All acts and all proceedings heretofore had or taken, or purportedly had or taken, by and on behalf of the city directed toward:
1. Improving, extending and bettering the municipal sewer system by constructing, installing and otherwise acquiring a sewage treatment plant, with equipment and appurtenances; and
κ1963 Statutes of Nevada, Page 382 (CHAPTER 227, AB 234)κ
2. The issuance of the citys bonds for that purpose,
are hereby ratified, approved and confirmed insofar as the same may be consistent herewith.
Sec. 16. This act shall operate to supply such legislative authority as may be necessary to validate contracts heretofore executed by the city, and any acts and proceedings heretofore taken appertaining to the improvements authorized hereby which the legislature could have supplied or provided for in the law under which such other contracts were executed and such acts or proceedings were taken; but this act shall be limited to the contracts, acts and proceedings to the extent to which that same can be effectuated under the state and federal constitutions. This act, however, shall not operate to validate, ratify, approve, confirm or legalize any contract, act, proceedings or other matter the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined, and shall not operate to confirm, validate or legalize any contract, act, proceedings or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.
Sec. 17. This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
Sec. 18. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 19. This act shall become effective upon passage and approval.
________
Senate Bill No. 78Senator Humphrey
CHAPTER 228
AN ACT to amend NRS section 252.050, relating to offices and office hours of district attorneys, by requiring that district attorneys in certain counties spend not less than 1 day each week at the county seat and make themselves available to county officers on a day certain; requiring such district attorneys to attend all meetings of the board of county commissioners; and providing other matters properly relating thereto.
[Approved April 4, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 252.050 is hereby amended to read as follows:
252.050 1. In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States exceeded 1,500, district attorneys shall keep an office at the county seat of their county, which shall be kept open on all days except Sundays and nonjudicial days from 9 a.m. to 12 m., and on all days except Sundays, nonjudicial days and Saturdays from 1 p.m. to 5 p.m.
κ1963 Statutes of Nevada, Page 383 (CHAPTER 228, SB 78)κ
5 p.m. Notwithstanding the provisions of this section, the board of county commissioners of any county may, by an order regularly made and entered in the record of its proceedings, designate the days and hours during which the office of the district attorney shall be kept open for the transaction of public business. Any order so made and entered shall require the office to be kept open for not less than 40 hours during each week for the transaction of public business. The provisions of this subsection shall not apply to the district attorney when called away from his office by official duties.
2. In counties where, at the preceding general election, the total votes cast for the office of Representative in the Congress of the United States were 1,500 or less, a district attorney shall not be required to keep an office at the county seat of the county, but may, at his own expense, locate, equip and maintain an office anywhere within the boundaries of the county. Any district attorney who locates, equips and maintains an office elsewhere than at the county seat of his county shall first give written notice thereof to the board of county commissioners. Any office so located, equipped and maintained shall be kept open for the transaction of public business on the days and during the hours specified in subsection 1, but the requirements thereof shall not apply to a district attorney when called away from his office by official duties.
3. Any district attorney violating the provisions of subsection 1 or 2 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $30, or by imprisonment in the county jail not less than 5 days nor more than 15 days. If any district attorney shall absent himself from his office, except:
(a) When called away from his office by official duties; or
(b) When expressly permitted so to do by the board of county commissioners or a majorirty of the members thereof in writing; or
(c) When he first makes provision to leave his office open for the transaction of public business on the days and during the hours prescribed in subsection 1 and in charge of a deputy duly qualified to act in his absence,
there shall be withheld from his monthly salary that proportion thereof as the number of days of the absence bears to the number of days of the month in which such absence occurs. Such sum shall be withheld from payment of salary to the district attorney for the next succeeding month by order of the board of county commissioners; but no order in the premises shall be made without first giving him reasonable notice and an opportunity to appear before the board and defend the charge against him.
4. Notwithstanding any other provision of this section, the district attorney in each county having a population of 700 or less, as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce, regardless of where he resides or where he keeps his office, shall:
(a) Attend all meetings, regular or special, of the board of county commissioners.
κ1963 Statutes of Nevada, Page 384 (CHAPTER 228, SB 78)κ
(b) Spend the hours from 9 a. m. to 5 p. m. of not less than 1 day each week at the county seat, and shall make himself available to the county officers during such hours. The district attorney shall select the day of the week for his attendance at the county seat and shall thereafter spend such day each week at the county seat.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 214Committee on Judiciary
CHAPTER 229
AN ACT to amend NRS section 2.120, relating to the rule-making power of the supreme court, by providing that the supreme court may make rules for the government of the State Bar of Nevada; to amend chapter 7 of NRS, relating to attorneys at law, by adding new sections continuing the State Bar of Nevada as a public corporation under the exclusive jurisdiction and control of the supreme court and providing penalties for practicing law without active state bar membership; to amend NRS section 252.120, relating to district attorneys, by deleting references to disbarment properly within the jurisdiction of the supreme court; to repeal NRS sections 7.010, 7.020, 7.040 to 7.240, inclusive, relating to attorneys at law, and NRS sections 7.270 to 7.600, inclusive, constituting the State Bar Act; providing that the provisions of the State Bar Act shall remain in effect as rules of the supreme court until modified or superseded by supreme court rules; and providing other matters properly relating thereto.
[Approved April 4, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 2.120 is hereby amended to read as follows:
2.120 1. The supreme court may make rules not inconsistent with the constitution and the laws of the state for its own government, [and] the government of the district courts [;] , and the government of the State Bar of Nevada; but such rules shall not be enforced until 30 days after their adoption and publication.
2. The supreme court, by rules adopted and published from time to time, shall regulate original and appellate civil practice and procedure, including, without limitation, pleadings, motions, writs, notices and forms of process, in judicial proceedings in all courts of the state, for the purpose of simplifying the same and of promoting the speedy determination of litigation upon its merits. Such rules shall not abridge, enlarge or modify any substantive right and shall not be inconsistent with the constitution of the State of Nevada.
3. All statutes regulating original or appellate civil practice or procedure including, without limitation, pleadings, motions, writs, notices and forms of process, in effect or taking effect on July 1, 1951, shall be deemed to be rules of court and shall remain in effect until modified or superseded by rules adopted and published pursuant to this section. Such rules shall take effect on a date specified by the supreme court, but not in any event until 60 days after adoption and publication.
κ1963 Statutes of Nevada, Page 385 (CHAPTER 229, SB 214)κ
by the supreme court, but not in any event until 60 days after adoption and publication.
Sec. 2. NRS 252.120 is hereby amended to read as follows:
252.120 1. No district attorney or partner thereof shall appear within his county as attorney in any criminal action, or directly or indirectly aid, counsel or assist in the defense in any criminal action, begun or prosecuted during his term; nor in any civil action begun or prosecuted during his term, in behalf of any person suing or sued by the state or any county thereof.
2. This section shall apply with equal effect to any and all partners of district attorneys.
3. A violation of this section is a misdemeanor, and shall be punished by a fine of not less than $250 and not more than $1,000. [, and in addition the offender shall be disbarred from practicing law in any of the courts of this state, in the same manner as provided in NRS 7.100 to 7.220, inclusive, until restored by the supreme court of this state.]
Sec. 3. Chapter 7 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. 1. The State Bar of Nevada, a public corporation heretofore created by statute, is hereby continued under the exclusive jurisdiction and control of the supreme court.
2. The State Bar of Nevada has perpetual succession and a seal and it may sue and be sued. It may, for the purpose of carrying into effect and promoting its objectives:
(a) Make contracts.
(b) Own, hold, use, manage and deal in and with real and personal property.
(c) Do all other acts incidental to the foregoing or necessary or expedient for the administration of its affairs and the attainment of its purposes.
3. Rules for the government of the State Bar of Nevada shall be made by the supreme court pursuant to NRS 2.120.
Sec. 5. 1. No person shall practice law in this state unless he is an active member of the State Bar of Nevada pursuant to the rules of the supreme court.
2. Any person who, not being an active member of the State Bar of Nevada, or who, after he has been disbarred or while suspended from membership in the State Bar of Nevada, as provided in the rules of the supreme court, shall practice law, is guilty of a misdemeanor.
Sec. 6. 1. NRS 7.010, 7.020, 7.040 to 7.240, inclusive, and NRS 7.270 to 7.600, inclusive, are hereby repealed.
2. NRS 7.270 to 7.600, inclusive, shall be deemed to be rules of the supreme court, and shall remain in effect until modified or superseded by rules adopted and published pursuant to NRS 2.120.
Sec. 7. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 386κ
Assembly Bill No. 480Washoe County Delegation (District No. 3)
CHAPTER 230
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 9 of Article XIV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 219, Statutes of Nevada 1961, at page 366, is hereby amended to read as follows:
Section 9. The police judge shall receive a salary of [$12,500] $15,000 per annum, payable in twelve monthly installments.
________
Assembly Bill No. 447Mr. McNamee
CHAPTER 231
AN ACT to amend chapter 6 of NRS, relating to juries, by providing that the district court in and for any county with a population of 75,000 or more may by rule of court designate the clerk of the court or one of his deputies as jury commissioner and assign him administrative duties relating to trial juries and jurors; and by providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 6 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The district court in and for any county with a population of 75,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, may by rule of court designate the clerk of the court or one of his deputies as jury commissioner, and may assign to the jury commissioner such administrative duties in connection with trial juries and jurors as the court finds desirable for efficient administration.
________
κ1963 Statutes of Nevada, Page 387κ
Assembly Bill No. 89Committee on Banking, Insurance and Corporations
CHAPTER 232
AN ACT to amend NRS section 680.150, relating to the powers and duties of the commissioner of insurance, by investing the commissioner of insurance with the power to classify certain records and information as confidential and unavailable to the general public.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 680.150 is hereby amended to read as follows:
680.150 1. The commissioner shall have the rights, powers and duties appertaining to the enforcement and execution of all the insurance laws of this state.
2. In addition to the other duties imposed upon him by law, the powers and duties of the commissioner shall be:
(a) To make reasonable rules and regulations as may be necessary for making effective such insurance laws; but nothing in this Title shall be deemed to empower the commissioner, by any rule or regulation, or by an administrative act, to differentiate between persons entitled to act as insurance agents in the State of Nevada on the basis that such persons are engaged in other businesses to which their insurance agency is incidental or supplemental.
(b) To conduct such investigations as may be necessary to determine whether any person or company has violated any provision of the insurance laws.
(c) To conduct such examinations, investigations and hearings, in addition to those specifically provided for by law, as may be necessary and proper for the efficient administration of the insurance laws of this state.
(d) To classify as confidential certain records and information obtained by the department when the same are confidential communications as defined in chapter 48 of NRS, or obtained from a governmental agency upon the express condition that the same shall remain confidential.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 388κ
Senate Bill No. 165Committee on Livestock
CHAPTER 233
AN ACT to amend NRS sections 576.010, 576.030, 576.040, 576.060, 576.120, 576.140 and 576.150, relating to livestock and farm products dealers, brokers and commission merchants, by changing the definition of dealer; providing for the appointment of the executive director of the state department of agriculture as the attorney for licensees for service of process; providing that applicants for licenses may file a copy of the bond required by the United States pursuant to the Packers and Stockyards Act; providing a method of service of process on licensees; providing that copies of bonds shall accompany license fees and for the automatic suspension of licenses on the cancellation of bonds; fixing venue for the prosecution of persons who violate any provisions governing livestock and farm products dealers, brokers and commission merchants; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 576.010 is hereby amended to read as follows:
576.010 As used in this chapter unless the context clearly requires otherwise:
1. Agent means any person who, on behalf of any commission merchant, or dealer, or broker or cash buyer, receives, contracts for or solicits the sale, exchange or transfer of farm products or livestock from a producer thereof, or who negotiates the consignment or purchase of any farm product or livestock on behalf of any commission merchant, dealer, broker or cash buyer.
2. Broker means any person other than a dealer, commission merchant or cash buyer who negotiates the purchase or sale of any farm product and who does not handle either the farm product involved or the proceeds of a sale.
3. Cash buyer means any person other than a commission merchant or dealer or broker who purchases or offers to purchase any farm products or livestock for the purpose of processing or resale and who pays for such farm products or livestock in lawful money of the United States or by certified check at the time of purchase or delivery thereof, or at the time the price of such farm products or livestock may be determined, if the price or value thereof is subject to determination by inspection, grade or pack out.
4. Commission merchant means any person other than a dealer, or broker, or cash buyer, who shall receive on consignment or solicit from the producer thereof for the purpose of resale, or who shall sell or offer for sale on commission any farm product or livestock, or who shall in any way handle for the account of, or as an agent of, the producer thereof on a commission basis any farm products or livestock.
5. Dealer means any person other than a commission merchant or broker or cash buyer who solicits, contracts for or obtains from the producer, agent or consignee thereof title, possession or control of any farm product or livestock, or who buys or agrees to buy any farm product or livestock from the producer thereof.
κ1963 Statutes of Nevada, Page 389 (CHAPTER 233, SB 165)κ
6. Department means the state department of agriculture.
7. Farm products includes all agricultural, horticultural, viticultural and vegetable products of the soil, poultry and poultry products, livestock and livestock products and hay, but not timber products, or milk and milk products.
8. Fixed and established place of business means any warehouse, building, storeroom or stockyard, either owned or leased, at which the owner conducts a legitimate permanent business in good faith, and at which stocks of farm products or livestock are kept in quantities usually carried and reasonably adequate to meet the requirements of the business therein conducted.
9. Immediate resale means the sale of farm products or livestock made within 60 days of the purchase thereof.
10. Livestock includes all kinds and ages, and both sexes, singular and plural, of the bovine and equine species and sheep, goats and hogs.
11. Person means any individual, partnership, firm, corporation or association.
Sec. 2. NRS 576.030 is hereby amended to read as follows:
576.030 An application for a license as a dealer, broker or commission merchant shall: [be on forms prescribed and furnished by the department and shall set forth the applicants name, present address, addresses for the preceding 3 years, the county or counties in which the applicant proposes to engage in business, and the nature of the business, and such other information as the department may reasonably require.] 1. Be on forms prescribed and furnished by the department.
2. Set forth the applicants name, present address, addresses for the preceding 3 years, the county or counties in which the applicant proposes to engage in business, and the nature of the business, and such other information as the department may reasonably require.
3. Be accompanied with an executed instrument whereby the applicant:
(a) Appoints and constitutes the executive director of the department and his successor or successors in office the true and lawful attorney of the applicant upon whom all lawful process in any action or legal proceeding against the applicant arising in this state from a transaction under the provisions of this chapter may be served; and
(b) Agrees that any such lawful process against him which may be served upon his attorney as provided in this subsection shall be of the same force and validity as if served upon him and that the authority thereof shall continue in force irrevocably as long as any liability of the applicant in the state shall remain outstanding.
Sec. 3. NRS 576.040 is hereby amended to read as follows:
576.040 1. Each applicant to whom a license to act as a dealer, broker or commission merchant is issued shall [file] do one of the following:
(a) File a bond of a surety company authorized to do business in this state or a bond with individual sureties owning unencumbered real property within this state subject to execution and worth, above all exemptions, double the amount of the bond.
κ1963 Statutes of Nevada, Page 390 (CHAPTER 233, SB 165)κ
exemptions, double the amount of the bond. The bond shall be in the form prescribed by, and to the satisfaction of, the department, conditioned for the payment of a judgment or judgments against the applicant furnishing the bond and arising out of the failure of the applicant or his agent to conduct his business in accordance with the provisions of this chapter, or for nonpayment of obligations in connection with the purchase and sale of livestock or farm products. The aggregate liability of the surety to all claimants shall, in no event, exceed the amount of the bond.
(b) File a copy of the bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204).
2. In lieu of [filing a bond,] complying with one of the alternatives provided in subsection 1, the dealer, broker or commission merchant may deliver to the department the receipt of a duly authorized bank or trust company in this state showing the deposit with such bank or trust company of cash or securities endorsed in blank by the owner thereof and of a market value equal at least to the required principal amount of the bond, such cash or securities to be deposited in escrow under an agreement conditioned as in the case of a bond. Any receipt shall be accompanied by evidence that there are no unsatisfied judgments against the dealer, broker or commission merchant of record in the county or counties in which the dealer, broker or commission merchant is doing business or wherein he resides. An action for recovery against any such deposit may be brought in the same manner as in the case of an action for recovery on a bond filed under the provisions of this section.
3. The amount of such bond or deposit shall be $5,000.
4. All bonds shall be renewed or continued in accordance with rules and regulations promulgated by the department.
5. Any [person] producer of livestock or farm products or his agent or consignee injured by any violation of the provisions of this chapter, or by any misrepresentations or fraud on the part of any licensed dealer, broker or commission merchant, may maintain a civil action against such dealer, broker or commission merchant and the surety or sureties on the bonds, or either of them. Process authorized by the instrument filed with the department pursuant to subsection 3 of NRS 576.030 shall be served by delivering to and leaving with the executive director of the department duplicate copies of such process and the payment of a fee of $2, and the service upon such attorney shall be deemed service upon such dealer, broker or commission merchant. The executive director shall forthwith forward one copy of such process by registered mail prepaid to the defendant dealer, broker or commission merchant, giving the day and hour of such service. The defendants return receipt shall be prima facie evidence of the completion of such service. If service of summons is made upon the executive director in accordance with the provisions of this subsection, the time within which the defendant is required to appear shall be deemed to be extended 10 days. The foregoing provisions of this subsection with reference to the service of process shall not be deemed exclusive, but if such defendant dealer, broker or commission merchant is found within the State of Nevada he shall be served with process in the State of Nevada.
κ1963 Statutes of Nevada, Page 391 (CHAPTER 233, SB 165)κ
not be deemed exclusive, but if such defendant dealer, broker or commission merchant is found within the State of Nevada he shall be served with process in the State of Nevada.
6. Any [person] producer of livestock or farm products or his agent or consignee having a claim against any dealer, broker of commission merchant shall commence legal action on the bond, or the money or securities deposited in lieu of a bond, for recovery of the amount claimed to be due within 1 year from the date the claim shall have accrued.
7. If any licensed dealer, broker or commission merchant for any reason ceases to operate as such, the amount of money or securities deposited in lieu of a bond shall be retained by the department for 1 year. If after the expiration of 1 year from the cessation of such operation, no legal action has been commenced to recover against such money or securities, the amount thereof shall be delivered to the owner thereof. If a legal action has been commenced within such time, all such money and securities shall be held by the department subject to the order of the district court.
Sec. 4. NRS 576.060 is hereby amended to read as follows:
576.060 Upon receipt of an application for a license, accompanied by the [required bond and license fee,] license fee and a surety bond, a copy of the bond required by the United States, or a deposit receipt, as provided in NRS 576.040, the department shall examine the same and, subject to the provisions of NRS 576.120, the department shall grant the license as applied for.
Sec. 5. NRS 576.120 is hereby amended to read as follows:
576.120 1. The department may refuse to grant or renew a license or registration as provided in subsection 4 of NRS 576.140 or may suspend or revoke a license or registration as provided in subsection 4 of NRS 576.140 already granted if, after due notice and hearing, the department is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:
(a) That the applicant, or licensee, has intentionally made any false or misleading statement as to the conditions of the market for any farm products.
(b) That the applicant, or licensee, has made fictitious sales or has been guilty of collusion to defraud the producer.
(c) That the licensee was intentionally guilty of fraud or deception in the procurement of such license.
(d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit, or willful negligence.
(e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.
2. A license shall be suspended automatically, without action of the department, if the bond filed pursuant to subsection 1 of NRS 576.040 is canceled, and shall remain suspended until such bond is renewed.
3. In the case of any hearing held under the provisions of this section, there shall be filed in the office of the department a memorandum stating briefly the reasons of the department for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.
κ1963 Statutes of Nevada, Page 392 (CHAPTER 233, SB 165)κ
stating briefly the reasons of the department for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.
Sec. 6. NRS 576.140 is hereby amended to read as follows:
576.140 This chapter shall not apply to:
1. The Nevada Fair of Mineral Industries, 4-H clubs, the Nevada junior livestock show, the Nevada state livestock show, the Nevada Hereford Association, or any other organization or association which is entirely nonprofit in character.
2. Any railroad transporting livestock either interstate or intrastate.
3. Any farmer or rancher purchasing or receiving livestock for grazing, pasturing or feeding on his premises within the State of Nevada and not for immediate resale.
4. Operators of public livestock auctions as defined in NRS 573.010, and all buyers of livestock at such auctions at which the public livestock auction licensee does not control title or ownership to the livestock being sold or purchased at such auctions, and any person buying for interstate shipments only [,] and subject to and operating under a bond required by the United States pursuant to the provisions of the Packers and Stockyards Act (7 U.S.C. § 204) and the regulations promulgated thereunder. All persons exempted by the provisions of this subsection shall register annually with the department, giving the location of their place of business, the number of their license and bond and the expiration date thereof. The department may charge a fee sufficient to defray the expense incident to such registration.
5. Any farmer or rancher whose farm or ranch is located in the State of Nevada, who buys or receives farm products or livestock from another farmer or rancher not for immediate resale.
6. Any retail merchant having a fixed and established place of business in this state and who conducts a retail business exclusively.
Sec. 7. NRS 576.150 is hereby amended to read as follows:
576.150 1. Any person who acts as a dealer, broker or commission merchant without a license therefor as required by this chapter, or who violates any of the provisions of this chapter, or any of the rules or regulations lawfully promulgated under the provisions of this chapter, is guilty of a misdemeanor.
2. Any prosecution brought under this chapter may be brought in any county of this state in which the defendant or any one of the defendants resides, or in which the unlawful act was committed, or in which the defendant or any one of the defendants has his principal place of business.
________
κ1963 Statutes of Nevada, Page 393κ
Assembly Bill No. 395Miss Herr
CHAPTER 234
AN ACT to amend chapter 205 of NRS, relating to crimes against property, by adding a new section providing that a person who willfully fails to return a leased or rented vehicle within 72 hours after the lease or rental agreement has expired is presumed to have embezzled the vehicle.
[Approved April 5, 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 by adding thereto a new section which shall read as follows:
Whenever any person who has leased or rented a vehicle willfully and intentionally fails to return the vehicle to its owner within 72 hours after the lease or rental agreement has expired, such person shall be presumed to have embezzled the vehicle.
________
Assembly Bill No. 79Committee on Banking, Insurance and Corporations
CHAPTER 235
AN ACT to amend NRS sections 694.020, 694.030, 694.050, 694.070, 694.080, 694.130, 694.150, 694.190, 694.200, 694.280, 694.290, 694.330 and 694.380 to 694.400, inclusive, relating to the regulation of rates for all forms of casualty insurance, including fidelity, surety and guaranty bonds and for all forms of fire, marine and inland marine insurance except as otherwise provided, and to rating organizations; amending certain provisions relating to the making of rates, rate filings, the disapproval of filings, deviations, appeals by minorities, examinations, false and misleading information, assigned risks and penalties; to repeal NRS sections 694.040, 694.060 and 694.210, relating to the filing of designations with the commissioner of insurance, rate filings for casualty insurance, and the disapproval of manuals and rating plans for fire, marine and inland marine insurance; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 694.020 is hereby amended to read as follows:
694.020 1. This chapter applies to [casualty insurance, on risks or operations in this state, and to fire, marine and inland marine insurance, on risks located in this state.
2. For the purposes of this chapter:
(a) Casualty insurance includes fidelity, surety and guaranty bonds and all other forms of motor vehicle insurance.
(b) Fire, marine and inland marine insurance shall not include motor vehicle insurance or insurance against liability arising out of the ownership, maintenance or use of motor vehicles.] all forms of casualty insurance, including fidelity, surety and guaranty bonds, to all forms of fire, marine and inland marine insurance, and to any combination of any of the foregoing, on risks or operations in this state.
κ1963 Statutes of Nevada, Page 394 (CHAPTER 235, AB 79)κ
casualty insurance, including fidelity, surety and guaranty bonds, to all forms of fire, marine and inland marine insurance, and to any combination of any of the foregoing, on risks or operations in this state.
[(c)] 2. Inland marine insurance shall be deemed to include insurance now or hereafter defined by [statutes,] statute, or by interpretation thereof, or, if not so defined or interpreted, by [a] ruling of the commissioner, or as established by general custom of the business, as inland marine insurance.
Sec. 2. NRS 694.030 is hereby amended to read as follows:
694.030 This chapter shall not apply to:
1. Reinsurance, other than joint reinsurance to the extent stated in NRS 694.320.
2. Accident and health insurance.
3. Insurance of vessels or craft, their cargoes, marine builders risks, marine protection and indemnity [;] , or other risks commonly insured under marine, as distinguished from inland marine, insurance policies.
4. Insurance against loss of or damage to aircraft or against liability, other than workmens compensation and employers liability arising out of the ownership, maintenance or use of aircraft, nor to insurance of hulls of aircraft, including their accessories and equipment.
Sec. 3. NRS 694.040 is hereby repealed.
Sec. 4. NRS 694.050 is hereby amended to read as follows:
694.050 [All rates shall be made in accordance with the following provisions:
1. Due consideration shall be given to past and prospective loss experience within and outside this state, to catastrophe hazards, if any, to a reasonable margin for underwriting profit and contingencies, to dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, to past and prospective expenses both countrywide and those specially applicable to this state, and to all other relevant factors within and outside this state.
2. Rates shall not be excessive, inadequate or unfairly discriminatory.
3. Rates for casualty insurance to which this chapter applies shall also be subject to the following provisions:
(a) The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of any such insurer or group with respect to any kind of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable.
(b) Risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both.
κ1963 Statutes of Nevada, Page 395 (CHAPTER 235, AB 79)κ
expense provisions, or both. Such standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.
4. Rates for fire, marine, and inland marine insurance to which this chapter applies shall also be subject to the following provisions:
(a) Manual, minimum, class rates, rating schedules or rating plans shall be made and adopted, except in the case of specific inland marine rates on risks specially rated.
(b) Due consideration shall be given to the conflagration hazards, and in the case of fire insurance rates consideration shall be given to the experience of the fire insurance business during a period of not less than the most recent 5-year period for which such experience is available.
5. Except to the extent necessary to meet the provisions of subsection 2 of this section, uniformity among insurers in any matters within the scope of this section is neither required nor prohibited.]
1. Rates shall be made in accordance with the following provisions:
(a) Rates shall not be excessive, inadequate or unfairly discriminatory.
(b) Due consideration shall be given to past and prospective loss experience within and outside this state, to the conflagration and catastrophe hazards, to a reasonable margin for underwriting profit and contingencies, to dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers, to past and prospective expenses both countrywide and those specially applicable to this state, and to all other relevant factors within and outside this state; and in the case of fire insurance rates consideration shall be given to the experience of the fire insurance business during a period of not less than the most recent 5-year period for which such experience is available.
(c) The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or group of insurers to reflect the requirements of the operating methods of any such insurer or group of insurers with respect to any kind of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable.
(d) Risks may be grouped by classifications for the establishment of rates and minimum premiums. Classification rates may be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards or expense provisions, or both. Such standards may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.
2. Except to the extent necessary to meet the provisions of paragraph (a) of subsection 1, uniformity among insurers in any matters within the scope of this section is neither required nor prohibited.
Sec. 5. NRS 694.060 is hereby repealed.
Sec. 6. NRS 694.070 is hereby amended to read as follows:
694.070 1. Every insurer shall file with the commissioner, except as to inland marine risks which by general custom of the business are not written according to manual rates or rating plans, every manual, minimum, class rate, rating schedule or rating plan and every other rating rule, and every modification of any of the foregoing [,] which it proposes to use.
κ1963 Statutes of Nevada, Page 396 (CHAPTER 235, AB 79)κ
as to inland marine risks which by general custom of the business are not written according to manual rates or rating plans, every manual, minimum, class rate, rating schedule or rating plan and every other rating rule, and every modification of any of the foregoing [,] which it proposes to use. [for fire, marine and inland marine insurance to which this chapter applies.] Every such filing shall state the proposed effective date thereof, and shall indicate the character and extent of the coverage contemplated.
2. When a filing is not accompanied by the information upon which the insurer supports such filing, and the commissioner does not have sufficient information to determine whether such filing meets the requirements of the chapter, he shall require such insurer to furnish the information upon which it supports such filing, and in such event the waiting period shall commence as of the date such information is furnished.
3. The information furnished in support of a filing may include:
(a) The experience or judgment of the insurer or rating organization making the filing;
(b) Its interpretation of any statistical data it relies upon;
(c) The experience of other insurers or rating organizations; or
(d) Any other relevant factors.
4. A filing and any supporting information shall be open to public inspection after the filing becomes effective.
5. Specific inland marine rates on risks specially rated, made by a rating organization, shall be filed with the commissioner.
Sec. 7. NRS 694.080 is hereby amended to read as follows:
694.080 1. An insurer may satisfy its obligation to make the filings required by NRS [694.060 and] 694.070 by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings, and by authorizing the commissioner to accept such filings on its behalf.
2. Nothing contained in this chapter shall be construed as requiring any insurer to become a member of, or a subscriber to, any rating organization.
Sec. 8. NRS 694.130 is hereby amended to read as follows:
694.130 1. Under such rules and regulations as he shall adopt, the commissioner may, by written order, suspend or modify the requirement of filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates for which cannot practicably be filed before they are used. Such orders, rules and regulations shall be made known to insurers and rating organizations affected thereby.
2. [The commissioner may make such examination as he may deem advisable to ascertain whether any rates affected by such order meet the requirement of filing as to any kind of insurance, subdivision or combination thereof, or as to classes of risks, the rates for which cannot practicably be filed before they are used. Such orders, rules and regulations shall be made known to insurers and rating organizations affected thereby.
3.] The commissioner may make such examination as he may deem advisable to ascertain whether any rates affected by such order meet the standards set forth in [subsection 2] paragraph (b) of subsection 1 of NRS 694.050.
κ1963 Statutes of Nevada, Page 397 (CHAPTER 235, AB 79)κ
advisable to ascertain whether any rates affected by such order meet the standards set forth in [subsection 2] paragraph (b) of subsection 1 of NRS 694.050.
Sec. 9. NRS 694.150 is hereby amended to read as follows:
694.150 1. [Beginning 90 days after October 1, 1947, no] No insurer shall make or issue a contract or policy except in accordance with the filings which are in effect for such insurer as provided in this chapter or in accordance with NRS 694.130 or 694.140.
2. This section shall not apply to contracts or policies for inland marine risks as to which filings are not required.
Sec. 10. NRS 694.190 is hereby amended to read as follows:
694.190 1. Any person or organization aggrieved with respect to any filing which is in effect may make written application to the commissioner for a hearing thereon; but the insurer [or rating organization] that made the filing shall not be authorized to proceed under this section.
2. Such application shall specify the grounds to be relied upon by the applicant [.] , and such application must show that the person or organization making such application has a specific economic interest affected by the filing.
3. If the commissioner shall find that the application is made in good faith, that the applicant has a specific economic interest, that the applicant would be so aggrieved if his grounds are established, and that such grounds otherwise justify holding such a hearing, he shall, within 30 days after receipt of such application, hold a hearing upon not less than 10 days written notice to the applicant and to every insurer and rating organization which made such filing. No rating or advisory organization shall have any status under this chapter to make application for a hearing on any filing made by an insurer with the commissioner.
4. If, after such hearing, the commissioner finds that the filing does not meet the requirements of this chapter, he shall issue an order specifying in what respects he finds that such filing fails to meet the requirements of this chapter and stating when, within a reasonable period thereafter, such filing shall be deemed no longer effective. Copies of the order shall be sent to the applicant and to every such insurer and rating organization.
5. The order shall not affect any contract or policy made or issued prior to the expiration of the period set forth in the order.
Sec. 11. NRS 694.200 is hereby amended to read as follows:
694.200 No [manual of classifications, rules, rating plan, or any modification of any of the foregoing, which establishes standards for measuring variations in hazards or expense provisions, or both, pertaining to casualty insurance to which this chapter applies, which has been filed pursuant to the requirements of NRS 694.060 to 694.150, inclusive,] filing shall be disapproved if the rates thereby produced meet the requirements of this chapter.
Sec. 12. NRS 694.210 is hereby repealed.
Sec. 13. NRS 694.280 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 398 (CHAPTER 235, AB 79)κ
694.280 [1. Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that:
(a) In the case of casualty insurance to which this chapter applies, any such insurer may make written application to the commissioner for permission to file a uniform percentage decrease or increase to be applied to the premiums produced by the rating system so filed for a kind of insurance, or for a class of insurance which is found by the commissioner to be a proper rating unit for the application of such uniform percentage decrease or increase, or for a subdivision of a kind of insurance:
(1) Comprised a group of manual classifications which is treated as a separate unit for ratemaking purposes; or
(2) For which separate expense provisions are included in the filings of the rating organization.
Such application shall specify the basis for the modification and shall be accompanied by the data upon which the applicant relies. A copy of the application and data shall be sent simultaneously to such rating organization; and
(b) In the case of fire, marine and inland marine insurance to which this chapter applies, any such insurer may make written application to the commissioner for permission to file a deviation from the class rates, schedules, rating plans or rules respecting any kind of insurance, or class of risk within a kind of insurance or combination thereof. Such application shall specify the basis for the modification, and a copy thereof shall also be sent simultaneously to such rating organization.
2. The commissioner shall set a time and place for a hearing at which the insurer and such rating organization may be heard, and shall give them not less than 10 days written notice thereof. If the commissioner is advised by the rating organization that it does not desire a hearing he may, upon the consent of the applicant, waive such hearing. The commissioner shall issue an order permitting the modification for such insurer to be filed if he finds it to be justified, and it shall thereupon become effective. He shall issue an order denying such application if he finds that the modification is not justified or that the resulting premiums would be excessive, inadequate or unfairly discriminatory. Each deviation permitted to be filed shall be effective for a period of 1 year from the date of such permission unless terminated sooner with the approval of the commissioner.
3. In considering the application for permission to file such deviation in the case of fire, marine and inland marine insurance, the commissioner shall give consideration to the available statistics and the applicable principles for ratemaking as provided in NRS 694.050.]
1. Every member of or subscriber to a rating organization shall adhere to the filings made on its behalf by such organization except that any such insurer may make written application to the commissioner to file a deviation from the class rates, schedules, rating plans or rules respecting any kind of insurance, or class of risk within a kind of insurance, or combination thereof.
κ1963 Statutes of Nevada, Page 399 (CHAPTER 235, AB 79)κ
rules respecting any kind of insurance, or class of risk within a kind of insurance, or combination thereof. Such application shall specify the basis for the modification and a copy shall also be sent simultaneously to such rating organization. In considering the application to file such deviation the commissioner shall give consideration to the available statistics and the principles for ratemaking as provided in NRS 694.050. The commissioner shall issue an order permitting the deviation for such insurer to be filed if he finds it to be justified and it shall thereupon become effective. He shall issue an order denying such application if he finds that the deviation applied for does not meet the requirements of this chapter.
2. Each deviation permitted to be filed shall remain in effect for a period of not less than 1 year from the effective date unless sooner withdrawn by the insurer with the approval of the commissioner or until terminated in accordance with the provisions of NRS 694.160 to 694.200, inclusive.
Sec. 14. NRS 694.290 is hereby amended to read as follows:
694.290 1. Any member of or subscriber to a rating organization may appeal to the commissioner from the action or decision of such rating organization in approving or rejecting any proposed change in or addition to the filings of such rating organization. The commissioner shall, after a hearing held upon not less than 10 days written notice to the appellant and to such rating organization, issue an order approving the action or decision of such rating organization or directing it to give further consideration to such proposal, or, if such appeal is from the action or decision of the rating organization in rejecting a proposed addition to its filings, he may, if he finds that such action or decision was unreasonable, issue an order directing the rating organization to make an addition to its filings, on behalf of its members and subscribers, in a manner consistent with his findings, within a reasonable time after the issuance of such order.
2. [In the case of casualty insurance to which this chapter applies, if such appeal is based upon the failure of the rating organization to make a filing on behalf of such member or subscriber which is based on a system of expense provisions which differs, in accordance with the right granted in paragraph (a) of subsection 3 of NRS 694.050, from the system of expense provisions included in a filing made by the rating organization, the commissioner shall, if he grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding such appeal the commissioner shall apply the standard set forth in NRS 694.050.] If such appeal is based upon the failure of the rating organization to make a filing on behalf of such member or subscriber, which is based on a system of expense provisions which differs, in accordance with the right granted in paragraph (c) of subsection 1 of NRS 694.050, from the system of expense provisions included in a filing made by the rating organization, the commissioner shall, if he grants the appeal, order the rating organization to make the requested filing for use by the appellant. In deciding such appeal the commissioner shall apply the standards set forth in NRS 694.050.
κ1963 Statutes of Nevada, Page 400 (CHAPTER 235, AB 79)κ
Sec. 15. NRS 694.330 is hereby amended to read as follows:
694.330 1. The commissioner shall, at least once in 5 years, make or cause to be made an examination of [each] :
(a) Each rating organization licensed in this state as provided in NRS 694.220. [He may, as often as he may deem it expedient, make or cause to be made an examination of each]
(b) Each advisory organization referred to in NRS 694.310, and of each group, association or other organization referred to in NRS 694.320.
2. The reasonable costs of any such examination shall be paid by the rating organization, advisory organization or group, association or other organization examined upon presentation to it of a detailed account of such costs.
3. The officers, [managers,] manager, agents and employees of such rating organization, advisory organization or group, association or other organization may be examined at any time under oath and shall exhibit all books, records, accounts, documents or agreements governing its method of operation.
4. In lieu of any such examination the commissioner may accept the report of an examination made by the insurance supervisory official of another state, pursuant to the laws of such state.
Sec. 16. NRS 694.380 is hereby amended to read as follows:
694.380 1. No person or organization shall willfully withhold information from, or knowingly give false or misleading information to, the commissioner, any statistical agency designated by the commissioner, any rating organization or any insurer, which will affect the rates or premiums chargeable under this chapter.
2. A violation of this section shall subject the one guilty of such violation to the penalties provided in NRS 694.400. [, and the commissioner of insurance may inform the appropriate district attorney of any violation of the provisions of this chapter. Any person, partnership, association or corporation convicted of such violation shall, in addition to any other penalty provided in this chapter, be fined not less than $100 nor more than $1,000 for each offense.]
Sec. 17. NRS 694.390 is hereby amended to read as follows:
694.390 1. [With respect to casualty insurance to which this chapter applies, agreements] Agreements may be made among insurers with respect to the equitable apportionment among them of insurance which may be afforded applicants who are in good faith entitled to, but who are unable to procure, such insurance through ordinary methods, and such insurers may agree among themselves on the use of reasonable rate modifications for such insurance.
2. Such agreements and rate modifications shall be subject to the approval of the commissioner.
Sec. 18. NRS 694.400 is hereby amended to read as follows:
694.400 1. The commissioner shall, if he finds that any person or organization has violated any provision of this chapter, impose a penalty of not less than $50 nor more than $500 for each such violation, but if he finds such violation to be willful, he shall impose a penalty of not less than $500 nor more than $2,000 for each such violation.
κ1963 Statutes of Nevada, Page 401 (CHAPTER 235, AB 79)κ
penalty of not less than $500 nor more than $2,000 for each such violation. Such penalties shall be in addition to any other penalty provided by law.
2. The commissioner may [, in addition to any other penalty provided by law,] suspend the license of any rating organization or insurer which fails to comply with an order of the commissioner within the time limited by such order, or any extension thereof which the commissioner may grant. The commissioner shall not suspend the license of any rating organization or insurer for failure to comply with an order until the time prescribed for an appeal therefrom has expired or, if an appeal has been taken, until such order has been affirmed. The commissioner may determine when a suspension of license shall become effective and it shall remain in effect for the period fixed by him, unless he modifies or rescinds such suspension, or until the order upon which such suspension is based is modified, rescinded or reversed.
[2.] 3. No penalty shall be imposed and no license shall be suspended or revoked except upon a written order of the commissioner, stating his findings, made after a hearing held upon not less than [20] 10 days written notice to such person or organization specifying the alleged violation.
________
Assembly Bill No. 142Mr. Bailey
CHAPTER 236
AN ACT to amend chapter 690, relating to life insurance, by adding a new section providing that a group life insurance policy may be issued to certain associations insuring at least 25 members of the association for the benefit of persons other than the association or its officers or trustees as such.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 690 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A policy may be issued to an association which has legally been in existence for 1 or more years and which has a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least 25 members of the association for the benefit of persons other than the association or its officers or trustees as such.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 402κ
Assembly Bill No. 384Mr. Bishop
CHAPTER 237
AN ACT placing taxicabs in cities under the jurisdiction of the public service commission of Nevada; to amend NRS sections 266.355, 704.030, 706.120 and 706.430, relating to the licensing and regulation of lawful trades and businesses by cities incorporated under the general law by deleting the power of the city to regulate charges of public vehicles; to include taxicabs within the definition of public utility; to increase the number of passengers from five to six in the redefinition of taxicab motor carrier; to require taxicabs to obtain certificates of public convenience and necessity; to repeal NRS sections 706.470 and 706.610, relating to the substitutions and additions of facilities of contract carriers and the waiver of licensing of standby equipment; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 266.355 is hereby amended to read as follows:
266.355 1. The city council shall have the power to fix, impose and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in whole or part within the city, including:
(a) Hotels, lodginghouses accommodating four or more lodgers, and taverns.
(b) Cafes, chophouses, eating houses, lunch counters and restaurants.
(c) Bakeries, butcher shops, cold storage plants, delicatessens, flour mills, grocers, ice peddlers, manufacturers of soda water or other or any soft drinks, and slaughterhouses.
(d) Boot stores, cobblers, dressmaking establishments, milliners, shoe shops and stores, tailors and tailor shops.
(e) Bicycle shops, blacksmith shops, brickyards, car shops, contracting mechanics, contractors, builders, electric supply houses, foundries, garages, ironworks, machine shops, manufacturers, oil refineries, oil wells or tanks, paint or oil stores, planing mills, plumbing shops, press brick yards, repair shops, sash and door factories, soap factories, tanneries, tinkers, and tin shops when separate from hardware stores.
(f) Barbershops, cigar stores, confectionery stores, drugstores, dry goods stores of every, any and all kinds, furniture stores, gun stores, gunsmith shops, glass and crockery stores, jewelry stores, notions and notion stores, pipe and tobacco stores, second-hand stores, sporting, hunting and fishing tackle stores, and stationery stores.
(g) Bootblacks and bootblack stands, fruit stands, lemonade stands, newspaper stands, peanut stands, popcorn stands, refreshment or coffee stands, tamale stands or shops, and booths and sheds.
(h) Patent medicine agencies, sewing machine agents, and agencies of any and all kinds.
(i) Advertising by billboards, placards and the like, coal dealers, collection agencies and collectors, cycleries, daily, weekly, semiweekly, monthly and semimonthly newspapers or publications, marble or stone dealers, messenger service establishments, ore purchasers or brokers, sampling works, warehouses, and wood and fuel dealers.
κ1963 Statutes of Nevada, Page 403 (CHAPTER 237, AB 384)κ
monthly and semimonthly newspapers or publications, marble or stone dealers, messenger service establishments, ore purchasers or brokers, sampling works, warehouses, and wood and fuel dealers.
(j) Abstract of title companies or persons furnishing abstracts of title, bankers, brokers of any, every and all kinds, building and loan companies and agents and solicitors for the same.
(k) Insurance agents who solicit, negotiate or effect contracts of insurance in any of the classifications listed in chapter 681 of NRS, but only for revenue purposes and only if the principal place of business of such agents is located within the city.
(1) Auctioneers, job printers, photographers, real estate agents, real estate solicitors, stockbrokers, undertakers, and upholsterers.
(m) Cabs, drays, express wagons, hackney coaches, hacks, job wagons, omnibuses and other public vehicles, [and to regulate their charges] and to require schedules of charges to be posted in and upon such public vehicles.
(n) Carpet cleaners, cloth cleaning and dyeing establishments, laundries, and steam renovating works.
(o) Electric light companies, express companies, power companies, street railway companies operating in whole or in part within the city, telegraph companies, telephone companies, and water companies.
(p) Cattle or horse corrals, horseshoeing shops, livery stables, saddle or harness makers or shops, sale stables, wagonmakers, and wheelwrights.
(q) Billiard tables, bowling alleys, circuses, melodeon performances, pool tables, resorts for amusements of all kinds, shooting galleries, shows, table games played with cue and balls or other mechanical device, theaters, theatrical performances, all exhibitions and amusements, and performances of any, every and all kinds for which an admission fee is charged or which may be held in any house, place or enclosure where wines, spirituous, malt, vinous or intoxicating liquors are sold or given away.
(r) Barrooms, brewery agencies, brewing companies, manufacturers of beer, malt, spirituous or vinous liquors or other or any alcoholic beverages, saloons, and wholesale liquor houses.
(s) Games and gaming houses.
(t) Merchants of any, every and all kinds.
(u) Trades and traders of all kinds.
(v) All and singular each, every and any business, and all trades and professions, including attorneys, doctors, physicians and dentists, and all character of lawful business or callings not herein specifically named.
2. In fixing licenses the council must make the same uniform as to each trade, calling, business, occupation or profession.
Sec. 2. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility, as used in this chapter, shall not include corporations, companies, individuals, associations of individuals, their lessees, trustees or receivers (appointed by any court whatsoever) insofar as they own, control, operate or manage motor vehicles operated as hearses, ambulances [, taxicabs] or hotel busses [, or] engaged in the transportation of persons [or property] for hire exclusively within the limits of a city [or town] of the State of Nevada.
κ1963 Statutes of Nevada, Page 404 (CHAPTER 237, AB 384)κ
the transportation of persons [or property] for hire exclusively within the limits of a city [or town] of the State of Nevada.
Sec. 3. NRS 706.120 is hereby amended to read as follows:
706.120 1. Taxicab motor carrier means any person operating a motor vehicle or vehicles designated or constructed to accommodate and transport not more than [five] six passengers in number, including the driver, and: [fitted]
(a) Fitted with taximeters or having some other device, method or system to indicate and determine the passenger fare charged for distance traveled [.] ;
(b) Used in the transportation of passengers for which a charge or fee is received; or
(c) Operated in any service which is held out to the public as being available for the transportation of passengers from place to place in the State of Nevada.
2. Neither common motor carriers of passengers nor contract motor carriers conducting fixed-route operations shall be considered taxicab motor carriers.
Sec. 4. NRS 706.430 is hereby amended to read as follows:
706.430 1. It shall be unlawful for a taxicab or other passenger motor carrier operating motor vehicles having a seating capacity of eight or more passengers to transport passengers, either with or without compensation, between any point or place [within the limits of any city or town] in the State of Nevada to any other point or place in the state without having first applied for and received a certificate of public convenience and necessity as provided for in NRS 706.010 to 706.700, inclusive.
2. The provisions of this section shall not apply to any private motor vehicle owned and used for personal transportation only.
Sec. 5. NRS 706.470 and 706.610 are hereby repealed.
________
Senate Bill No. 249Senator Dial
CHAPTER 238
AN ACT authorizing the board of county commissioners of Ormsby County, Nevada, to convey certain real property to the Ormsby County 4-H Leaders Council.
[Approved April 5, 1963]
Whereas, The county of Ormsby is the owner in fee of certain land adjacent to the Ormsby County farm which is described by metes and bounds in section 1 of this act; and
Whereas, Such land has been utilized in the past solely for the purpose of educating, training and encouraging the youth of Ormsby County in the pursuit of careers in agriculture, animal husbandry and related fields of endeavor through 4-H Club activities, and it is desired that such utilization of such land be continued; and
κ1963 Statutes of Nevada, Page 405 (CHAPTER 238, SB 249)κ
related fields of endeavor through 4-H Club activities, and it is desired that such utilization of such land be continued; and
Whereas, It is deemed desirable that the Ormsby County 4-H Leaders Council have and retain the fee title to such land in order to assure the continued use thereof for the training and education of the youth of Ormsby County in pursuit of careers in agriculture, animal husbandry and related fields, and additionally to enable the 4-H Leaders Council to obtain financing for construction of improvements on the land; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The board of county commissioners of Ormsby County is hereby authorized and directed on behalf of Ormsby County to convey to the Ormsby County 4-H Leaders Council in fee simple that property situated in the county of Ormsby, State of Nevada, described as follows:
A portion of the S 1/2 SE 1/4, Section 31, T. 15 N., R. 20 E. and a portion of the N 1/2 NE 1/4, Section 6, T. 14 N., R. 20 E., M.D.B. & M., Ormsby and Douglas Counties, Nevada, and being more particularly described as follows, to wit:
Starting at a point on the common boundary between Sec. 31, T. 15 N., R. 20 E., and Sec. 6, T. 14 N., R. 20 E., M.D.B. & M., where there is set in the ground a 1/2-inch steel rod and from which the Section Corner common to Secs. 31, 32, 6 and 5 bears N. 89° 56′ 52″ E. a distance of 847.71 feet; thence S. 78° 20′ W. a distance of 481.00 feet; thence N. 6° 27′ 32″ W. a distance of 955.85 feet; thence N. 64° 50′ 34″ E. a distance of 147.50 feet; thence S. 25°09′26″ E. a distance of 60.00 feet; thence N. 64°50′34″ E. a distance of 164.80 feet; thence S. 25°09′26″ E. a distance of 723.00 feet; thence S. 7°36′34″ W. a distance of 279.00 feet, back to the point of beginning, the same containing 10.03 acres, more or less, excluding therefrom that certain piece or parcel of land located at the southerly end of the above-described parcel and particularly described by metes and bounds as follows:
Starting at a point on the common boundary between Sec. 31, T. 15 N., R. 20 E., and Sec. 6, T. 14 N., R. 20 E., M.D.B. & M., where there is set in the ground a 1/2-inch steel rod and from which the section Corner common to Sections 31, 32, 6 and 5 bears N. 89°56′52″ E. a distance of 847.71 feet; thence S. 78°20′ W. a distance of 481.00 feet; thence N. 6°27′32″ W. a distance of 97.31 feet; thence N. 89°55′52″ E. a distance of 482.01 feet, back to the point of beginning, the same containing 0.55 acres, more or less.
Sec. 2. The property described in section 1 of this act shall be conveyed by a deed executed by the board of county commissioners of Ormsby County or its duly authorized representative.
κ1963 Statutes of Nevada, Page 406 (CHAPTER 238, SB 249)κ
Ormsby County or its duly authorized representative. The deed shall provide for a reversion to Ormsby County if at any time the land is used for any purpose other than for the education, training and encouragement of the youth of Ormsby County in the pursuit of careers in agriculture, animal husbandry and related fields of endeavor, or at such time as a conveyance is made or attempted to be made by the Ormsby County 4-H Leaders Council to any third party.
Sec. 3. This act shall become effective upon passage and approval.
________
Senate Bill No. 107Senator Gallagher (by request)
CHAPTER 239
AN ACT fixing the salaries of certain White Pine County officers; providing for the appointment of deputies and other personnel and providing for travel expenses; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of White Pine County, Nevada, shall receive the following salaries and compensations:
1. The county commissioners shall each receive an annual salary of $3,000, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners. Each commissioner shall be entitled to travel expenses in the sum of 10 cents per mile in traveling to and from the meetings of the commissioners.
2. On and after July 1, 1963, the sheriff shall receive an annual salary of $9,000. The salary herein provided for shall be payable in equal monthly installments as full compensation for his services to the county as sheriff or in any ex officio capacity of any kind whatsoever. The sheriff shall collect for all services in his office, and pay over monthly into the county treasury of White Pine County such fees as are provided for in NRS 248.290, but in lieu of mileage provided in NRS 248.290, the sheriff shall charge and collect as mileage the actual and necessary travel expenses of himself or deputies in the service of any summons and complaints or other process issuing out of the district court, and where there is a deputy or other officer so located as to perform such service without the sheriff or his deputy actually incurring any travel expenses, no mileage shall be charged. In all cases herein, where the deputy sheriff resides away from the county seat and is required in the performance of a duty or duties of his office to use his own or a privately owned car in connection with such duty or duties, he shall receive therefor the sum of not to exceed 10 cents per mile for each mile necessarily traveled in the performance of any such duty or duties.
κ1963 Statutes of Nevada, Page 407 (CHAPTER 239, SB 107)κ
per mile for each mile necessarily traveled in the performance of any such duty or duties. Such claim for mileage shall be first audited and allowed by the board of county commissioners.
3. Until July 1, 1964, the county assessor shall receive an annual salary of $7,800. On or after July 1, 1964, the county assessor shall receive an annual salary of $8,400. The salary herein provided for shall be payable in equal monthly installments. The county assessor shall collect and pay over into the county treasury of White Pine County all such fees and taxes as are now provided for by law.
4. Until July 1, 1964, the county recorder and auditor shall receive an annual salary of $7,800. On and after July 1, 1964, the county recorder and auditor shall receive an annual salary of $8,400. The salary herein provided for shall be payable in equal monthly installments. The county recorder and auditor shall collect and pay over into the county treasury of White Pine County all such fees as are now provided for by law.
5. Until July 1, 1964, the county clerk shall receive an annual salary of $7,800. On and after July 1, 1964, the county clerk shall receive an annual salary of $8,400. The salary herein provided for shall be payable in equal monthly installments. The county clerk shall collect and pay over into the county treasury of White Pine County all such fees as are now provided for by law.
6. Until July 1, 1964, the county treasurer and tax collector shall receive an annual salary of $7,800. On and after July 1, 1964, the county treasurer and tax collector shall receive an annual salary of $8,400. The salary herein provided for shall be payable in equal monthly installments. The county treasurer and tax collector shall collect and pay over into the county treasury of White Pine County all such fees and taxes as are now provided for by law.
7. Until July 1, 1964, the district attorney and public administrator shall receive an annual salary of $7,800. On and after July 1, 1964, the district attorney and public administrator shall receive an annual salary of $8,400. The salary herein provided for shall be payable in equal monthly installments. The district attorney and public administrator may, in addition, have or retain all fees allowed by law as public administrator.
Sec. 2. The above-named county officers may, with the majority consent of the board of county commissioners, employ and fix the salaries of their deputies, other assistants, clerks and secretaries as are deemed necessary for the proper discharge of the duties required of such office, to be paid in a like manner as other county employees are paid, and in accordance with the Systematic Position Classification and Pay Plan of White Pine County.
Sec. 3. The above-named county officers and deputies shall be allowed all their actual travel expenses, consisting of actual costs of transportation and living while absent from the county seat in the performance of their official duties, provided that the expenses be first audited and allowed by the board of county commissioners.
Sec. 4. Chapter 250, Statutes of Nevada 1961, at page 409, entitled An Act to fix the minimum and maximum salary limitations for certain White Pine County officers; providing for the appointment of deputies and for travel expenses; to repeal chapter 29, Statutes of Nevada 1953, relating to compensation and fees of White Pine County officers; and providing other matters properly relating thereto, approved March 31, 1961, and all other acts and parts of acts in conflict herewith, are hereby repealed.
κ1963 Statutes of Nevada, Page 408 (CHAPTER 239, SB 107)κ
An Act to fix the minimum and maximum salary limitations for certain White Pine County officers; providing for the appointment of deputies and for travel expenses; to repeal chapter 29, Statutes of Nevada 1953, relating to compensation and fees of White Pine County officers; and providing other matters properly relating thereto, approved March 31, 1961, and all other acts and parts of acts in conflict herewith, are hereby repealed.
________
Assembly Bill No. 130Committee on Ways and Means
CHAPTER 240
AN ACT to amend NRS section 353.090, relating to payment of claims against the state where legislative appropriation has been made, by eliminating the requirement that a list of claims for services or advances for the preceding month, approved by the state board of examiners, be posted monthly in the state capitol building.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 353.090 is hereby amended to read as follows:
353.090 1. All claims against the state for services or advances, for payment of which an appropriation has been made by law and which have been authorized by law, but of which the amount has not been liquidated and fixed, may be presented to the state board of examiners by an account or petition. The form of the account or petition and the manner of its presentation shall be as prescribed by the rules of the board. No claim against the state for per diem and travel expenses incurred by any state officer or employee shall be notarized, but each such claim shall contain a statement, signed by the claimant, substantially as follows: I declare under the penalties of perjury that this claim (including any accompanying evidence) has been examined by me and to the best of my knowledge and belief is a true and correct claim. The claimant may present his evidence to sustain the demand, which evidence, if oral, shall be reduced to writing. The board shall either reject or allow the claim, in whole or in part, within 30 days from its presentation. If the claim is allowed in whole or in part, the members of the board shall endorse over their signatures: Approved for the sum of ..... dollars, and immediately shall transmit the same so endorsed, together with all the evidence received by the board relating thereto, to the state controller.
2. The state board of examiners may, by rule duly adopted, require the ex officio clerk of the board, after the clerk has checked and audited all claims as required by law, to prepare and submit to the board a complete statement in writing listing all the claims so checked and audited by him, setting forth therein:
κ1963 Statutes of Nevada, Page 409 (CHAPTER 240, AB 130)κ
to the board a complete statement in writing listing all the claims so checked and audited by him, setting forth therein:
(a) The number of the claim.
(b) The name of the claimant.
(c) The nature and substance of the claim.
(d) The amount thereof found due and owing thereon.
Upon the submission of the statement to the board, the board may approve the statement, in whole or in part, within 30 days from its presentation, and shall endorse upon the same, if allowed in its entirety, over the signatures of the members of the board: Each claim approved for the sum total thereof, or if any or all claims so listed are rejected or changed by the board, it shall so be endorsed over the signatures of the members of the board upon the statement. The statement when endorsed by the board shall constitute the action of the board upon the claims presented to the board, and approval of each individual claim shall not be necessary. The statement upon its endorsement, together with the individual claims audited by the clerk of the board and all evidence relating to the claims received by the board, shall be transmitted immediately to the state controller.
3. The ex officio clerk of the board shall [:
(a) Record] record all claims submitted to the board.
[(b) Cause to be posted monthly in the state capitol building a list of all claims approved by the board for the preceding month.]
4. The state controller shall not allow or draw his warrant for any claim of the class described in this section which has not been approved by the state board of examiners, or for a greater amount than allowed by the board, except when the claim has not been acted upon by the board within 30 days after its presentation to the board.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 294Messrs. Bailey and Swobe
CHAPTER 241
AN ACT to amend chapter 244 of NRS, relating to counties, by adding new sections providing that counties with a population of 75,000 or more may create county park commissions; providing for the composition, powers and duties of such commissions; and providing other matters properly relating thereto.
[Approved April 5, 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 the provisions set forth as sections 2 to 14, inclusive, of this act.
κ1963 Statutes of Nevada, Page 410 (CHAPTER 241, AB 294)κ
Sec. 2. As used in sections 2 to 13, inclusive, of this act, unless the context requires otherwise:
1. Board means the board of county commissioners.
2. Commission means the county park commission.
3. Commissioner means a member of the commission.
4. Facilities means any recreational or park property authorized by sections 2 to 13, inclusive.
Sec. 3. 1. In addition to powers elsewhere conferred upon counties, any county having a population of 75,000 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 recreational and park facilities and buildings therefor, and improvements incidental thereto;
(b) To equip and furnish the same;
(c) To acquire suitable sites or grounds, or any interests therein, for any such recreational or park facilities;
(d) To operate and maintain such facilities and to sell and otherwise dispose of such facilities.
2. Recreational and park 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, or interest therein, as are used for such recreational and park purposes.
Sec. 4. Whenever the board of county commissioners desires any of such powers to be exercised by a county park commission, the board is hereby empowered and authorized to organize by ordinance such a commission to exercise thereafter any of such powers on behalf of the county.
Sec. 5. The organizational ordinance shall state:
1. That the ordinance thereby creates a county park commission;
2. The name of the commission;
3. The powers to be exercised by the commission;
4. That the facilities to be acquired, if any, are those therein designated;
5. That the facilities previously acquired or to be acquired under or pursuant to sections 2 to 13, inclusive, of this act or any other law by the board on behalf of the county, jurisdiction over and responsibility for which facilities are to be assumed subsequently by the commission, are those therein designated;
6. The times at which such jurisdiction and responsibility shall be assumed by the commission on behalf of the county; and
7. The names of the six appointed commissioners who shall serve on the first county park commission.
Sec. 6. 1. Any organizational ordinance may be supplemented after its adoption from time to time by the board by an ordinance stating:
(a) Additional powers to be exercised by the commission;
(b) That the additional facilities, if any, to be acquired are those therein designated;
κ1963 Statutes of Nevada, Page 411 (CHAPTER 241, AB 294)κ
(c) That the additional facilities of the county, jurisdiction over and responsibility for which are to be assumed by the commission, are those therein designated; and
(d) The times at which such jurisdiction and responsibility shall be assumed by the commission on behalf of the county.
2. Any supplemental ordinance may diminish any powers which the commission is authorized to exercise or may take from the commission jurisdiction over and responsibility for any facilities of the county which have been previously granted to the commission.
Sec. 7. 1. The commission shall be composed of nine members, six of whom shall be appointed by the board from residents of the county at large with reference to their fitness for office.
2. In addition to the six appointed commissioners, three county commissioners selected by the chairman of the board shall be members of the commission and shall serve during their terms of office as county commissioners.
Sec. 8. 1. Of the first commissioners appointed, one shall hold office for 1 year, one for 2 years, two for 3 years, and two for 4 years. Thereafter all commissioners shall be appointed for terms of 4 years.
2. Commissioners shall hold office until their successors are elected or appointed as the case may be and qualified.
3. Any vacancy in the office of commissioner shall be filled for the unexpired term in the same manner as original appointments.
4. Commissioners shall serve without compensation but shall be entitled to the same travel expenses and subsistence allowances as county officers.
Sec. 9. Within 10 days after their appointment, commissioners shall qualify by taking the oath of office. No bond shall be required of them.
Sec. 10. 1. Within 10 days after their appointment, the commissioners shall organize as the commission by the election of one of their number as chairman, one as secretary, and by the election of such other officers as they may deem necessary.
2. The county treasurer of the county shall be the treasurer of the commission. The treasurer shall receive and pay out all the moneys of the county under the control of the commission, as ordered by it, but shall receive no compensation for any such additional duties.
3. The commission shall adopt a seal.
Sec. 11. 1. The commission shall hold at least four meetings each year and shall keep a complete record of all its transactions.
2. Any five commissioners shall constitute a quorum for the transaction of business.
3. Any resolution, motion or other action shall be adopted or ordered taken by a majority of the commissioners forming a quorum.
Sec. 12. The commission may have the following powers and duties as determined by the board and as set forth by the board in the organizational ordinance:
1. To determine policy in regard to recreational and park facilities.
2. To promulgate regulations governing the use of such facilities.
3. To prepare plans for additional recreational and park facilities and the development of existing facilities.
κ1963 Statutes of Nevada, Page 412 (CHAPTER 241, AB 294)κ
4. To operate and maintain existing facilities.
5. To fix, and from time to time increase or decrease, rates, tolls and charges for services and the use or availability of facilities.
6. To employ technical and clerical staff.
7. To prepare and submit annual budgets to the board.
8. To purchase or lease land subject to the statutes governing purchases and leases of land by the board.
9. To acquire by gift, bequest or devise any real or personal property for recreational and park facilities.
10. To administer any trusts declared for recreational and park facilities in the county.
11. To enter into contracts for the construction and development of recreational and park facilities.
12. To cooperate with the county manager in all matters relating to recreational and park facilities.
13. To do all other acts necessary and pertinent to a park and recreation program.
14. To expend all moneys collected to the credit of facilities under the control of the commission, but all moneys received for such facilities shall be deposited in the county treasury to the credit of the commission and paid out only upon warrants drawn by the commission upon properly authenticated vouchers of the commission after approval of the same by the county auditor.
15. To exercise such additional powers and perform such additional duties as delegated by the board in its discretion for a park and recreation program.
Sec. 13. The board may, at the request of the commission, exercise the power of eminent domain to acquire real property for recreational and park purposes.
Sec. 14. Notwithstanding any of the provisions of NRS 244.640 to 244.780, inclusive, in counties in which a county park commission is created pursuant to the provisions of sections 2 to 13, inclusive, of this act, the board and the commission shall have the powers and duties provided for in sections 2 to 13, inclusive, of this act, and the county fair and recreation board, if any, shall not exercise any of such powers or have any of such duties.
Sec. 15. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 413κ
Assembly Bill No. 437Washoe County Delegation (District No. 3)
CHAPTER 242
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 2 of Article I of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 323, Statutes of Nevada 1961, at page 631, which amendment as a result of the approval of the city voters at the state general election in November 1962 will become effective on the date the results of the Reno general municipal election to be held in June 1963 are declared, pursuant to subsection 4 of section 38 of chapter 323, Statutes of Nevada 1961, at page 645, is hereby amended to read as follows:
Section 2. The city of Reno shall be divided into five wards which shall be as near equal in registered voters as can be conveniently provided, and the territory comprising each ward shall be contiguous. The boundaries of wards shall be established and changed by ordinance passed by a vote of at least five-sevenths of the councilmen. The boundaries of wards shall be changed whenever [there is annexed to the city any additional territory or whenever] at the close of registration prior to each general state election at which a Representative in Congress is to be elected the number of registered voters in any ward shall exceed the number of registered voters in any other ward by more than fifteen percent (15%). No ordinance establishing or changing the boundaries of wards shall be passed or amended until the county clerk of Washoe County has certified that the number of registered voters in each proposed ward will not exceed the number of registered voters in any other ward by more than 15 percent.
Sec. 2. Section 1 of Article III-A of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 323, Statutes of Nevada 1961, at page 632, which amendment as a result of the approval of the city voters at the state general election in November 1962 will become effective on the date the results of the Reno general municipal election to be held in June 1963 are declared, pursuant to subsection 4 of section 38 of chapter 323, Statutes of Nevada 1961, at page 645, is hereby amended to read as follows:
Section 1. 1. The city manager shall be chosen by the council solely on the basis of this executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth.
2. At the time of his appointment the city manager need not be a resident of the city or state, but during his tenure of office he shall reside within the city.
κ1963 Statutes of Nevada, Page 414 (CHAPTER 242, AB 437)κ
3. The city manager shall receive such salary as may be prescribed by ordinance, and shall be reimbursed for all expenses incurred in the conduct of his official duties.
4. The city manager shall hold office at the pleasure of the council, but he shall not be removed from office until after he has been granted a public hearing on reasonable notice.
Sec. 3. Section 3 of Article IV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 323, Statutes of Nevada 1961, at page 634, which amendment as a result of the approval of the city voters at the state general election in November 1962 will become effective on the date the results of the Reno general municipal election to be held in June 1963 are declared, pursuant to subsection 4 of section 38 of chapter 323, Statutes of Nevada 1961, at page 645, is hereby amended to read as follows:
Section 3. In addition to the duties hereinbefore imposed, the city clerk shall be the official license collector of the city and [shall collect all city licenses and all other moneys making up the city revenues, except general taxes and special assessments.] all moneys making up the city revenues, except general taxes and special assessments, shall be paid over to him. All licenses and permits shall be printed in triplicate and numbered serially. Every license shall bear the facsimile signature of the mayor and city comptroller and shall be countersigned by the city clerk or his deputy. When the city clerk collects the required fee for any license or permit he shall deliver the original to the licensee, the duplicate to the city comptroller, and retain the triplicate among his own official records. All moneys belonging to the city and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over together with all moneys in his hands, to the city treasurer. The time and manner of the collection of licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect or refuse to do so, or shall carry on any licensed business, trade or calling without having procured the requisite license therefor, and the city clerk shall forthwith report such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may make the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business shall be liable for and be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within thirty days after the same becomes due and payable, an amount fixed by the city council not to exceed fifty percent of the amount of such license, which shall become a part of the license, and shall, with such license, be collected by the city clerk.
κ1963 Statutes of Nevada, Page 415 (CHAPTER 242, AB 437)κ
become a part of the license, and shall, with such license, be collected by the city clerk.
Sec. 4. Section 5 of Article IV of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 244, Statutes of Nevada 1959, at page 288, is hereby amended to read as follows:
Section 5. The city clerk shall receive an annual salary [of $7,800, payable in 12 equal monthly installments.] the amount of which shall be fixed by the city council by resolution at not less than $9,000 nor more than $12,000, payable in 12 equal monthly installments. When the city council has fixed the amount of the annual salary of the city clerk by resolution pursuant to this section, such amount may thereafter be increased but not decreased during the term of office of the city clerk.
Sec. 5. Section 4 of Article V of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 287, Statutes of Nevada 1957, at page 392, is hereby amended to read as follows:
Section 4. [Until the first Tuesday after the first Monday in June 1959, the city attorney shall receive a salary in the sum of $5,100 per annum, payable in 12 monthly installments. From and after the first Tuesday after the first Monday in June 1959, the city attorney shall receive a salary in the sum of $12,500 per annum, payable in twelve monthly installments.] The city attorney shall receive an annual salary the amount of which shall be fixed by the city council by resolution at not less than $15,000 nor more than $17,500, payable in 12 equal monthly installments. When the city council has fixed the amount of the annual salary of the city attorney by resolution pursuant to this section, such amount may thereafter be increased but not decreased during the term of office of the city attorney.
Sec. 6. Section 1 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 323, Statutes of Nevada 1961, at page 636, which amendment as a result of the approval of the city voters at the state general election in November 1962 will become effective on the date the results of the Reno general municipal election to be held in June 1963 are declared, pursuant to subsection 4 of section 38 of chapter 323, Statutes of Nevada 1961, at page 645, is hereby amended to read as follows:
Section 1. 1. The legislative power of the city, except as hereinbefore provided, shall be vested in a city council, consisting of seven members, who shall hold office for the term of four years from and after the date of their election, except as provided in section 2 of this Article and section 1 of Article XVII. They shall be citizens of the state, bona fide residents and taxpayers in the city, and qualified electors of the wards in which they reside, whose names appear upon the official register as electors of such ward, and residents thereof, within the corporate limits of the said city; provided, that no person shall be eligible to the office of councilman, except for the office of councilman at large, who shall not have been an actual bona fide resident in such ward for the period of at least six months immediately preceding the date of such election.
κ1963 Statutes of Nevada, Page 416 (CHAPTER 242, AB 437)κ
councilman at large, who shall not have been an actual bona fide resident in such ward for the period of at least six months immediately preceding the date of such election.
2. At the first council meeting after each city general or council election, the council shall elect one from among their number who shall have the title of mayor. The mayor shall preside at meetings of the council, and shall be recognized as head of the city government for all ceremonial purposes, [and by the governor for purposes of military law,] but shall have no regular administrative duties. The mayor shall enforce the rules of the city council for its own government and determine the order of business at meetings pursuant to such rules. The mayor shall be entitled to vote on all issues and shall vote last on roll call votes. The mayor shall have the power to take all proper measures for the preservation of the public peace, order and the suppression of riots, and all forms of public disturbance, for which purpose he is authorized to appoint extra policemen temporarily and without regard to the provisions of this charter relating to civil service, and to call upon the sheriff of the county, or, if such force is inadequate, to call upon the governor for aid and assistance.
3. At the same time, the council shall also elect one from among their number as assistant mayor, who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs he shall become mayor for the completion of the unexpired term.
4. The mayor and the assistant mayor shall be elected for a term of 2 years and either may be removed from such position only for cause after a public hearing by an affirmative vote of six members of the council.
Sec. 7. Section 10f 1/2 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 152, Statutes of Nevada 1935, at page 332, is hereby amended to read as follows:
Section 10f 1/2 1. The city council, among other things, shall have power to grant exclusive franchise or franchises, as it may deem proper, for the collection, hauling and disposal of all garbage, rubbish and waste matter in the city of Reno, and in granting said franchise may grant the same to the best and most advantageous bidder, and may, by ordinance, regulate the collection, hauling and disposal of said garbage, rubbish and waste matter, and fix the schedule of rates or fees to be paid for the collection of the same.
2. As used in this section:
(a) Garbage shall include and mean kitchen and table refuse, offal, swill, and other accumulation of animals, vegetables and other matter than attends the preparation and consumption, decay or dealing in, or storage of, meats, fish, fowl, birds, fruits and vegetables.
(b) Rubbish shall include and mean wood, leaves, dead trees, or the branches of trees, chips, shavings, sawdust, woodenware, printed matter, paper, boxes, grass, rags, straw and all combustible matter not included under the term garbage.
(c) Waste matter shall include and mean natural soil, earth, sand, clay, gravel, loam, manure, stones, brick, plaster, cement, crockery, glass, glassware, ashes, metals, tin containers, and all other noncombustible materials.
κ1963 Statutes of Nevada, Page 417 (CHAPTER 242, AB 437)κ
clay, gravel, loam, manure, stones, brick, plaster, cement, crockery, glass, glassware, ashes, metals, tin containers, and all other noncombustible materials.
Sec. 8. Section 10.480 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, at page 428, is hereby amended to read as follows:
Section 10.480. The city council shall have the power to hold, improve, manage, and use and dispose of all public grounds, parks, recreation centers, and all real and personal property of the city, but no sales of real property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value; provided, however, that any property belonging to the city may be disposed of to the United States of America, the State of Nevada, or the county of Washoe, or any other political subdivision of the State of Nevada, at a nominal consideration whenever the public interest requires such a disposition.
Sec. 9. Section 1 of Article XVI of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 323, Statutes of Nevada 1961, at page 640, which amendment as a result of the approval of the city voters at the state general election in November 1962 will become effective on the date of the results of the Reno general municipal election to be held in June 1963 are declared, pursuant to subsection 4 of section 38 of chapter 323, Statutes of Nevada 1961, at page 645, is hereby amended to read as follows:
Section 1. The fees, salaries or other compensation of officers or other persons shall be regulated by regularly enacted ordinances as to salaries and by resolution as to compensation for persons not regularly employed by the city. All claims for fees, salaries and all expenses necessarily incurred in carrying on the legitimate purposes and duties of the city government and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk. [and acted upon by the city council at the first regular meeting thereafter, and the] The city council shall act upon all claims filed with the city clerk within 30 days after the date of their filing with the city clerk. The city council shall consider and allow or reject the same, [in the order as presented and filed,] and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by a majority of all the members elected to the city council, the city clerk shall certify all such claims or portions allowed as the case may be after the same is signed by the city manager to the city comptroller, who shall, if such claim is approved by him, draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him.
Sec. 10. Section 2 of Article XVI of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as last amended by chapter 323, Statutes of Nevada 1961, at page 641, which amendment as a result of the approval of the city voters at the state general election in November 1962 will become effective on the date of the results of the Reno general municipal election to be held in June 1963 are declared, pursuant to subsection 4 of section 38 of chapter 323, Statutes of Nevada 1961, at page 645, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 418 (CHAPTER 242, AB 437)κ
of the approval of the city voters at the state general election in November 1962 will become effective on the date of the results of the Reno general municipal election to be held in June 1963 are declared, pursuant to subsection 4 of section 38 of chapter 323, Statutes of Nevada 1961, at page 645, is hereby amended to read as follows:
Section 2. The holder of any demand or claim mentioned in this charter which has been rejected in whole or in part, may within six months after the date of such rejection, commence an action in any court of competent jurisdiction for the recovery of the amount so rejected, and if not so commenced, such claim or amount so rejected together with the right of action thereon shall be forever barred and the Council shall not have power to allow or pay the same in whole or in part at any time subsequently. The action shall be against the city and the service of summons shall be made upon the [city manager.] city clerk or one of his deputies. In case of final recovery of judgment by the plaintiff, no execution shall issue therefor, but the Council must allow the amount of the same with costs taxed, which judgment with such costs shall be paid in the order as presented; provided, nothing herein shall be so construed as to make the city liable for any damages suffered or incurred by any person for or by reason of any neglect of the city or any of its officers.
Sec. 11. This act shall become effective July 1, 1963.
________
Assembly Bill No. 432Clark County Delegation
CHAPTER 243
AN ACT authorizing Clark County, State of Nevada, to issue general obligation bonds in the aggregate principal amount not to exceed $1,000,000 for the purpose of development, construction, improvement and equipment of a type of hospital facility for nursing home patients, for ambulatory patients and for patients who are old and senile; concerning the issuance of bonds for such purpose 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 April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. In addition to the powers conferred upon the board of county hospital trustees of Clark County, Nevada, and upon the board of county commissioners of that county, by the general statutes of the State of Nevada, including, without limiting the generality of the foregoing, NRS 450.270 to 450.380, inclusive, 244.160, 428.010 to 428.110, inclusive, and all laws amendatory thereof or supplemental thereto, the board of county commissioners may by ordinance submit the question of issuing bonds in the aggregate principal amount of not exceeding $1,000,000, for the development, construction, improvement and equipment of the Clark County hospital facility for nursing home patients, for ambulatory patients and for senile and old patients, whether a patient of Southern Nevada Memorial Hospital or an indigent, following the request by resolution of the board of county hospital trustees for an annual tax to be levied therefor, to the qualified electors of the county at the next primary or general election or at a special election to be held for that purpose.
κ1963 Statutes of Nevada, Page 419 (CHAPTER 243, AB 432)κ
home patients, for ambulatory patients and for senile and old patients, whether a patient of Southern Nevada Memorial Hospital or an indigent, following the request by resolution of the board of county hospital trustees for an annual tax to be levied therefor, to the qualified electors of the county at the next primary or general election or at a special election to be held for that purpose.
2. Nothing herein contained shall be construed as preventing any other bond question from being submitted at the same election at which the question herein authorized is submitted.
Sec. 2. 1. If the bond question is submitted at a primary or general election, the ordinance shall be effective at least 15 days prior to the election, and no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the ordinance shall be effective at least 43 days prior to the election, and the county clerk shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the election, in a newspaper published within the county and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a. m. to 12 m. and from 1 p. m. to 5 p. m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the 5 days preceding the close of registration before such a special election, the office of the county clerk shall be open from 9 a. m. to 5 p. m. and from 7 p. m. to 9 p. m. on Monday through Saturday, with Sunday and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special bond election from and including the 20th day next preceding such election up to but excluding the 10th day next preceding such election and during regular office hours.
6. No special registration shall be held for such a special bond election not held at the same time as a primary or general election if such election is held within 90 days of an election for which a countywide registration was held.
Sec. 3. 1. Following the adoption of an ordinance, as provided in section 1 hereof, designating that the election shall be submitted at the next primary or general election, the county clerk shall cause a notice of the bond election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 3 consecutive weeks by three weekly insertions a week apart, the first publication to be not more than 21 days nor less than 15 days next preceding the election.
2. Following the adoption of an ordinance, as provided in section 1 hereof, designating the bond election as a special election, the county clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.
κ1963 Statutes of Nevada, Page 420 (CHAPTER 243, AB 432)κ
clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.
Sec. 4. The notice of election shall contain:
1. The time and places (by specific delineation or general reference) of holding the election.
2. The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
3. The purpose for which the bonds are to be issued.
4. The maximum amount of the bonds.
5. The maximum rate of interest, not to exceed 5 percent per annum.
6. The maximum number of years, not exceeding 30, which the bonds are to run.
Sec. 5. 1. Any qualified elector who is properly registered shall be qualified to vote on such a bond question. Absentee voting shall not be permitted thereon. Voting machines may be used for the submission of such a bond question.
2. The board of county commissioners or other officer so authorized by law may consolidate or otherwise modify voting precincts, shall designate the polling places, shall appoint officers of the election for such precinct in such number as the board or officer may determine, and shall fix their duties and compensation.
3. Except as specifically provided or necessarily implied herein, the bond election and any registration of voters therefor shall be had and conducted in accordance with NRS 350.010 to 350.070, inclusive, and with the general election laws of the State of Nevada, and all laws amendatory thereof and supplemental thereto.
Sec. 6. If a majority of the paper ballots and voting machine ballot labels of each color on the question is in favor of the issuance of the bonds, the proposal to issue the bonds shall have carried, and the board of county commissioners shall proceed at its next regular meeting, or at some subsequent time, to adopt an ordinance or ordinances providing for the issuance of the bonds. If a majority of either the white paper ballots and white ballot labels or the colored paper ballots and colored ballot labels on the question, or a majority of both colors, is against the issuance of the bonds referred to in the proposal, then the proposal shall have failed and the election officers shall certify the result of the election to the board of county commissioners, which shall proceed no further in connection with the proposal.
Sec. 7. 1. Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
2. General obligation bonds shall specifically pledge the full faith and credit of the county for their payment.
κ1963 Statutes of Nevada, Page 421 (CHAPTER 243, AB 432)κ
3. General obligation bonds shall not bear interest at a rate or rates exceeding 5 percent per annum.
4. Any general obligation bonds herein authorized to be issued shall bear such date or dates, shall mature in such denomination or denominations at such time or times but in no event commencing later than 3 years or exceeding 30 years from their date, shall bear interest evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year as may be prescribed by ordinance, shall be payable in such medium of payment at such place or places within or without the state, including but not limited to the office of the county treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed.
5. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
6. Pending preparations of the definite bonds, interim receipts or certificates, in such form and with such provisions as the board may determine, may be issued.
7. The bonds, any interest coupons thereto attached, and such interim receipts or certificates shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
8. Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder:
(a) Provide for the initial issuance of one or more bonds (in the subsection called bond) aggregating the amount of the entire issue or any portion thereof;
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable;
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
The board may further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.
κ1963 Statutes of Nevada, Page 422 (CHAPTER 243, AB 432)κ
9. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:
(a) Proof of ownership;
(b) Proof of loss or destruction;
(c) A surety bond in twice the face amount of the bond and coupons; and
(d) Payment of the cost of preparing and issuing the new bond.
10. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.
11. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the county treasurer.
12. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
13. The county treasurer may cause the countys seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
14. The bonds and coupons, bearing the signature of the officers in office at the time of the signing thereof, shall be valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
15. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 8. 1. Any general obligation bonds issued hereunder shall be sold at public sale, in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest, or at the boards option below par at a discount not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the county of more than 5 percent per annum computed to maturity according to standard tables of bond values.
2. No discount (except as hereinabove provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
κ1963 Statutes of Nevada, Page 423 (CHAPTER 243, AB 432)κ
3. The board may employ legal, fiscal, engineering and other expert services in connection with any facilities herein authorized and the authorization, issuance and sale of bonds.
Sec. 9. 1. All moneys received from the issuance of any bonds herein authorized shall be used solely for the purpose for which issued, including without limiting the generality of the foregoing, if so authorized, the payment of preliminary expenses.
2. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
3. Any unexpended balance of such bond proceeds remaining after the completion of the facilities for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of such bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
4. The validity of such bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
5. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.
Sec. 10. 1. To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the county, and shall fix a rate of levy, which, when levied upon every dollar of assessed valuation of taxable property within the county, and together with other revenues, will raise the amount required by the county annually to pay in full, when due, all interest on and principal of general obligation bonds of the county, including but not necessarily limited to those bonds issued hereunder. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in subsection 2 of this section 10.
2. The board, in certifying annual levies, shall take into account the maturing general obligation bonds and interest thereon, and deficiencies and defaults of prior years, and shall make ample provisions for the payment thereof. In case the moneys produced from such levies, together with other revenues of the county, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the general obligation indebtedness of the county is fully paid.
Sec. 11. 1. The general obligation bonds authorized to be issued hereunder shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the state, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory limitations now or hereafter existing.
κ1963 Statutes of Nevada, Page 424 (CHAPTER 243, AB 432)κ
be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory limitations now or hereafter existing.
2. It shall be the duty of the board, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of other available revenues and probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due.
3. In any year in which the total taxes levied against the property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the state, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reductions so made shall be in taxes levied by such unit or units, for purposes other than the payment of their bonded indebtedness, and the taxes levied for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 12. Bonds issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 13. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or stamping thereon the word Paid, together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners. The county auditor shall credit the treasurer on his books for the amount so paid.
Sec. 14. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 15. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 16. This act, without reference to other statutes of the state or to action heretofore taken by the county or its officers, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise provided. The bonds may be issued, and such development, construction, improvement and equipment of the Clark County hospital facility for nursing home patients, for ambulatory patients and for senile and old patients, may be had without adherence to NRS 450.270 to 450.380, inclusive, 244.160 and 428.010 to 428.110, inclusive; and no other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
κ1963 Statutes of Nevada, Page 425 (CHAPTER 243, AB 432)κ
without adherence to NRS 450.270 to 450.380, inclusive, 244.160 and 428.010 to 428.110, inclusive; and no other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition to and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 17. This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
Sec. 18. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 19. This act shall become effective upon passage and approval.
________
Assembly Bill No. 119Mr. Christensen
CHAPTER 244
AN ACT to amend NRS section 433.537, relating to contracts for treatment of certain mentally ill persons outside the state, by providing that reasonable physicians fees shall be paid for examination of such persons prior to confinement outside the state; and by providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.537 is hereby amended to read as follows:
433.537 1. Whenever the warden of the Nevada state prison and the superintendent determine that the facilities of the state prison and hospital are inadequate for the detention and care of any mentally ill person confined at such prison or hospital, the warden or superintendent may request the state health officer to designate two physicians licensed under the provisions of chapter 630 of NRS, and familiar with the field of psychiatry, to examine such person. If the two physicians concur in the opinion of the warden and the superintendent, the warden or superintendent may contract with appropriate corresponding authorities in any other state of the United States, having adequate facilities for such purposes, for the reception, detention, care or treatment of such person. The two physicians designated by the state health officer shall receive [no compensation for their services.]
κ1963 Statutes of Nevada, Page 426 (CHAPTER 244, AB 119)κ
designated by the state health officer shall receive [no compensation for their services.] a reasonable fee for their services based upon rates set by the Nevada industrial commission for similar services, which fee shall be paid by the institution in which the mentally ill person was originally confined.
2. Moneys to carry out the provisions of this section shall be provided by direct legislative appropriation.
________
Assembly Bill No. 57Messrs. Christensen and Valentine
CHAPTER 245
AN ACT authorizing and directing the superintendent of the Nevada state hospital to convey to the City of Sparks, Nevada, without consideration, certain real property owned by the State of Nevada and lying in Washoe County, Nevada; authorizing and directing the department of highways of the State of Nevada to accept certain real property from the City of Sparks; and providing other matters properly relating thereto.
[Approved April 5, 1963]
Whereas, Certain real property and improvements thereon belonging to the City of Sparks in Washoe County, Nevada, constituting the municipal garage and other city facilities, will be acquired by the department of highways for state highway purposes; and
Whereas, Such acquisition will necessitate replacement by the City of Sparks of its municipal garage and other city facilities on a new site; and
Whereas, The City of Sparks is willing to convey without consideration to the department of highways of the State of Nevada the real property on which the municipal garage and other city facilities are now located in exchange for certain real property now owned by the Nevada state hospital in Washoe County, Nevada, not required for hospital purposes which can be utilized by the city as a site for its new garage and facilities; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The superintendent of the Nevada state hospital is hereby authorized and directed to convey to the City of Sparks, Nevada, without consideration, all of the hospitals right, title and the right to the use of that parcel of real property belonging to the State of Nevada, and now under the jurisdiction of the superintendent of the Nevada state hospital, situated in the county of Washoe, State of Nevada, and more particularly described as follows:
Beginning at a concrete monument marking the intersection of the centerlines of 21st Street and Frazer Avenue in the City of Sparks, Nevada, and running thence N. 82°17′30″ W., 130.27 feet to the westerly boundary of that 0.459-acre parcel conveyed to the City of Sparks, Nevada, by the State of Nevada, and recorded on page 126, Book 330 of Deeds in the office of the County Recorder of Washoe County, State of Nevada, on August 28, 1953; thence S.
κ1963 Statutes of Nevada, Page 427 (CHAPTER 245, AB 57)κ
to the westerly boundary of that 0.459-acre parcel conveyed to the City of Sparks, Nevada, by the State of Nevada, and recorded on page 126, Book 330 of Deeds in the office of the County Recorder of Washoe County, State of Nevada, on August 28, 1953; thence S. 0°03′30″ W., 30.27 feet to the southwest corner of the 0.459-acre parcel, such point being the true point of beginning; thence N. 82°17′30″ W., 19.01 feet; thence N. 14°27′18″ E., 23.53 feet to a fence corner; thence along a fence line as follows: N. 56°48′35″ W., 91.84 feet, N. 62°35′01″ W., 309.28 feet, N. 72°41′45″ W., 44.99 feet, N. 73°21′07″ W., 73.35 feet, N. 71°30′59″ W., 210.32 feet to a fence corner; thence N. 03°42′47″ W., 186.00 feet along a fence line to the southerly right-of-way line of the Southern Pacific Railroad; thence S. 82°17′30″ E., 795.82 feet along the southerly right-of-way line to the westerly right-of-way line of 21st Street; thence S. 0°03′30″ W., 209.57 feet along the westerly line of 21st Street; thence N. 82°17′30″ W., 100.00 feet; thence S. 0°03′30″ W., 201.80 feet to the true point of beginning. The parcel contains 4.678 acres more or less.
Sec. 2. The department of highways of the State of Nevada is authorized and directed to accept from the City of Sparks, Nevada, without payment of any consideration, all of the citys right, title and the right to the use of that parcel of real property belonging to the City of Sparks, situated in the County of Washoe, State of Nevada, and more particularly described as follows:
Beginning at a point which is S. 28°30′10″ W. 41.58 feet from the one-quarter section corner common to Sections 4 and 9, T. 19 N., R. 20 E., M.D.B.&M., such point further described as situate on the southwest corner of B Street and Stanford Way, City of Sparks, Washoe County, Nevada; thence S. 0°14′ W., 257.06 feet along the west side of Stanford Way to a point; thence N. 89°46′ W., 108.00 feet to a point; thence N. 0°14′ E., 257.06 feet to a point on the south side of B Street; thence S. 89°46′ E., 108.00 feet along the south side of B Street to the point of beginning. The parcel contains 0.637 acres more or less.
Notwithstanding the provisions of any other law, the City of Sparks is authorized to make the conveyance herein provided for without consideration or observance of any other requirements of any general or special law relating to the conveyance of municipal real property with or without consideration.
Sec. 3. Section 1 of this act shall become effective upon passage and approval of this act. Section 2 of this act shall become effective on January 1, 1965.
________
κ1963 Statutes of Nevada, Page 428κ
Assembly Bill No. 162Committee on Social Welfare (by request)
CHAPTER 246
AN ACT to amend NRS sections 159.110 and 159.250, relating to petitions by the state welfare department for appointment of guardians of the estate of incompetent persons, and to the period of guardianship, by providing that a citation shall be issued and served before the hearing on the petition; and by providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 159.110 is hereby amended to read as follows:
159.110 1. If the estate of any incompetent person who is the recipient of assistance from any division of the state welfare department consists wholly of monthly assistance payments or other benefits provided by any division of the state welfare department, and no legal guardian for the incompetent person has been duly appointed, the state welfare department may petition for the appointment of a guardian of the estate of the incompetent person.
2. Should any officer of the state welfare department file a petition as provided in this section, no fees of any kind shall be required by the county clerk, the county recorder or other county officer. [, nor shall any notice of the hearing thereof be required, except posting notices for 10 days in 3 public places in the county where the petition is filed by the county clerk.]
3. Before a guardian may be appointed under the provisions of this section, the judge shall direct the clerk to issue a citation requiring the supposed insane or incompetent person to be and appear at a time and place to be specified therein to show cause why a guardian of his estate should not be appointed. The citation shall be served, as provided in NRS 159.210, on the person and also on the person with whom or in whose custody the insane or incompetent person may be, not less than 5 days before the return day thereof. No fees of any kind shall be required for the issuance and service of such citation.
4. The court making the appointment may, in its discretion, waive the furnishing of a bond by any person appointed as a guardian under this section.
Sec. 2. NRS 159.250 is hereby amended to read as follows:
159.250 1. The guardian or guardians of a minor appointed as provided in this chapter shall have the custody and tuition of the minor, and the care and management of the estate, of which they are appointed, including the earnings of the minor, until the minor shall attain the age of 21 years, if a male, or 18 years, if a female, unless sooner discharged according to law.
2. Every guardian appointed under the provisions of NRS 159.110 shall have the care and custody of the [person or] estate of the ward, until the guardian shall be discharged according to law.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 429κ
Assembly Bill No. 163Committee on Social Welfare (by request)
CHAPTER 247
AN ACT to amend NRS section 425.030, relating to definitions in the Aid to Dependent Children Act of 1955, by redefining assistance to include medical and remedial care; to amend chapter 425 of NRS, relating to aid to dependent children, by adding a new provision creating the aid to dependent children medical and remedial care fund in the state treasury and by providing the purposes and uses of such fund; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 425.030 is hereby amended to read as follows:
425.030 As used in this chapter:
1. Applicant means any person who has applied for assistance under this chapter.
2. Assistance means money payments with respect to [a dependent child or children, and with respect to the parent or other relative caring for the child or children.] , or medical care in behalf of, or any type of remedial care recognized under state law in behalf of, a dependent child or dependent children, and includes money payments or medical care or any type of remedial care recognized under state law for any month to meet the needs of the relative with whom any dependent child is living if money payments have been made with respect to such child for such month.
3. Board means the state welfare board.
4. Department means the state welfare department.
5. Dependent child means a needy child under the age of 16 years, or under the age of 18 years if found by the department to be regularly attending school, and obtaining a passing grade in his studies, who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, and who is living with his father, mother, grandfather, grandmother, brother, sister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt, first cousin, nephew or niece, in a place of residence maintained by one or more of such relatives as his or their own home.
6. Recipient means any person who has received or is receiving assistance.
Sec. 2. Chapter 425 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The aid to dependent children medical and remedial care fund is hereby created in the state treasury. There shall be deposited in the fund:
(a) Moneys allocated by the board for the purpose of providing medical care or any type of remedial care to recipients from moneys made available to the state by the Federal Government for aid to dependent children; and
κ1963 Statutes of Nevada, Page 430 (CHAPTER 247, AB 163)κ
(b) Moneys made available by the state for the purpose of providing medical care or any type of remedial care to recipients.
2. Except as otherwise provided in subsection 3, any moneys so made available by the state, by appropriation or otherwise, shall remain in the fund and shall not revert to the general fund.
3. If the fund is dissolved, the Federal Government shall be reimbursed for its proportionate share of contributions into the fund, and any moneys remaining thereafter shall revert to the general fund.
4. The board may designate that the fund may cover any one, several or all items of the medical care or any type of remedial care costs as deemed most advantageous for the best interests of the state.
5. The department may purchase necessary medical care or any other type of remedial care by contract or fee for service. Each vendor or group who has a contract with the department and is rendering medical care or any type of remedial care to recipients shall submit such charges for payment to the department, and payment shall be made as other claims against the state are paid.
________
Assembly Bill No. 252Mr. Harris
CHAPTER 248
AN ACT to amend chapter 282 of NRS, relating to official bonds and oaths, by adding a new section requiring all employees of incorporated cities who handle public funds to furnish a surety bond; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 282 of NRS is hereby amended by adding a new section which shall read as follows:
Every employee of an incorporated city who regularly handles public funds as part of his official duties shall be required to furnish a corporate surety bond from an insurance company licensed in the State of Nevada. The form of the bond shall be determined by the state board of examiners, and all bonds shall be subject to the approval of the board.
________
κ1963 Statutes of Nevada, Page 431κ
Assembly Bill No. 351Mr. Johnson
CHAPTER 249
AN ACT to amend NRS sections 387.175, 387.235 and 393.320, relating to the composition of county and joint school district funds and deposits of money therein when received by school districts for sales, leases of real property, by deleting references to receipts from the sales of school property and to federal money received for school construction; to amend chapter 387 of NRS, relating to the financial support of the public school system, by adding new sections creating county and joint school district buildings and sites funds in the county treasuries; specifying the composition of such funds and authorizing expenditures therefrom by boards of trustees of school districts for specific purposes and without budgeting; directing county treasurers to transfer certain funds; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.175 is hereby amended to read as follows:
387.175 The county school district fund shall be composed of:
1. All local taxes for the maintenance and operation of kindergartens, elementary schools and high schools.
2. All moneys received from the Federal Government for the [construction,] maintenance and operation of public schools.
3. [Receipts from the sales of school property.
4.] Apportionments by the state as provided in NRS 387.125.
[5.] 4. All moneys transferred in compliance with the provisions of NRS 387.170.
[6.] 5. Any other receipts, including gifts, for the operation and maintenance of the public schools in the county school district.
Sec. 2. NRS 387.235 is hereby amended to read as follows:
387.235 The joint school district fund shall be composed of:
1. All local taxes for the maintenance and operation of kindergartens, elementary schools and high schools.
2. All moneys received from the Federal Government for the [construction,] maintenance and operation of public schools.
3. [Receipts from the sales of school property.
4.] Apportionments by the state as provided in NRS 387.125.
[5.] 4. All moneys transferred in compliance with the provisions of NRS 387.230.
[6.] 5. Any other receipts, including gifts, for the operation and maintenance of the public schools in the joint school district.
Sec. 3. NRS 393.320 is hereby amended to read as follows:
393.320 All moneys received from rentals or sale of real property shall be deposited forthwith with the county treasurer to be credited to the school district buildings and sites fund.
Sec. 4. Chapter 387 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.
Sec. 5. 1. There is hereby created in each county treasury a fund to be designated as the county school district buildings and sites fund.
κ1963 Statutes of Nevada, Page 432 (CHAPTER 249, AB 351)κ
2. The county school district buildings and sites fund shall be composed of:
(a) Receipts from the rentals and sales of school property.
(b) Gifts to the school district for any or all of the purposes enumerated in NRS 387.335.
(c) All moneys received from the Federal Government for the construction of school facilities.
3. Moneys in the county school district buildings and sites fund may be expended by the board of trustees, notwithstanding such expenditures have not been budgeted in accordance with law, only for the purposes enumerated in NRS 387.335, and no others.
Sec. 6. 1. There is hereby created a fund to be designated as the joint school district buildings and sites fund.
2. The joint school district buildings and sites fund shall be composed of:
(a) Receipts from the rentals and sales of school property.
(b) Gifts to the school district for any or all of the purposes enumerated in NRS 387.530.
(c) All moneys received from the Federal Government for the construction of school facilities.
3. Moneys in the joint school district buildings and sites fund may be expended by the board of trustees, notwithstanding such expenditures have not been budgeted in accordance with law, only for the purposes enumerated in NRS 387.530, and no others.
Sec. 7. After the effective date of this act each county treasurer is directed to transfer all receipts from the sales of school property now in the county school district fund or held in any suspense fund in the county treasury to the county school district buildings and sites fund created pursuant to the provisions of section 4 of this act.
Sec. 8. This act shall become effective upon passage and approval.
________
Assembly Bill No. 431Clark County Delegation
CHAPTER 250
AN ACT authorizing Clark County, State of Nevada, to issue general obligation bonds in the aggregate principal amount of $2,000,000 for the purpose of altering, constructing and reconstructing the existing courthouse by an addition of two more floors and the equipment and furnishing thereof, and for the purchase of and remodeling of or the construction of a building or buildings in diverse locations of Clark County to be used in conjunction with the Clark County courthouse and the equipment and furnishing thereof; concerning the issuance of bonds therefor 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 April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. In addition to the powers conferred upon the board of county commissioners of Clark County, Nevada, by the general Statutes of the State of Nevada, including without limiting the generality of the foregoing, NRS 244.285, and all laws amendatory thereof or supplemental thereto, the board of county commissioners may by ordinance submit the question of issuing bonds in the aggregate principal amount of not exceeding $2,000,000 for the purpose of altering, constructing and reconstructing the existing courthouse by an addition of two more floors and the equipment and furnishing thereof, and for the purchase of and remodeling of or the construction of a building or buildings in diverse locations of Clark County to be used in conjunction with the Clark County courthouse and the equipment and furnishing thereof, to the qualified electors of the county at any primary or general election or at a special election to be held for that purpose.
κ1963 Statutes of Nevada, Page 433 (CHAPTER 250, AB 431)κ
Statutes of the State of Nevada, including without limiting the generality of the foregoing, NRS 244.285, and all laws amendatory thereof or supplemental thereto, the board of county commissioners may by ordinance submit the question of issuing bonds in the aggregate principal amount of not exceeding $2,000,000 for the purpose of altering, constructing and reconstructing the existing courthouse by an addition of two more floors and the equipment and furnishing thereof, and for the purchase of and remodeling of or the construction of a building or buildings in diverse locations of Clark County to be used in conjunction with the Clark County courthouse and the equipment and furnishing thereof, to the qualified electors of the county at any primary or general election or at a special election to be held for that purpose.
2. Nothing herein contained shall be construed as preventing any other bond question from being submitted at the same election at which the question herein authorized is submitted.
Sec. 2. 1. If the bond question is submitted at a primary or general election, the ordinance shall be effective at least 15 days prior to the election, and no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the ordinance shall be effective at least 43 days prior to the election, and the county clerk shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the election, in a newspaper published within the county and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a. m. to 12 m. and from 1 p. m. to 5 p. m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the 5 days preceding the close of registration before such a special election, the office of the county clerk shall be open from 9 a. m. to 5 p. m. and from 7 p. m. to 9 p. m. on Monday through Saturday, with Sunday and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special bond election from and including the 20th day next preceding such election up to but excluding the 10th day next preceding such election and during regular office hours.
6. No special registration shall be held for such a special bond election not held at the same time as a primary or general election if such election is held within 90 days of an election for which a countywide registration was held.
Sec. 3. 1. Following the adoption of an ordinance, as provided in section 1 hereof, designating that the election shall be submitted at the next primary or general election, the county clerk shall cause a notice of the bond election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 3 consecutive weeks by three weekly insertions a week apart, the first publication to be not more than 21 days nor less than 15 days next preceding the election.
κ1963 Statutes of Nevada, Page 434 (CHAPTER 250, AB 431)κ
week for 3 consecutive weeks by three weekly insertions a week apart, the first publication to be not more than 21 days nor less than 15 days next preceding the election.
2. Following the adoption of an ordinance, as provided in section 1 hereof, designating the bond election as a special election, the county clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.
Sec. 4. The notice of election shall contain:
1. The time and places (by specific delineation or general reference) of holding the election.
2. The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
3. The purpose for which the bonds are to be issued.
4. The maximum amount of the bonds.
5. The maximum rate of interest, not to exceed 5 percent per annum.
6. The maximum number of years, not exceeding 30, which the bonds are to run.
Sec. 5. 1. Any qualified elector who is properly registered shall be qualified to vote on such a bond question. Absentee voting shall not be permitted thereon. Voting machines may be used for the submission of such a bond question.
2. The board of county commissioners or other officer so authorized by law may consolidate or otherwise modify voting precincts, shall designate the polling places, shall appoint officers of the election for such precinct in such number as the board or officer may determine, and shall fix their duties and compensation.
3. Except as specifically provided or necessarily implied herein, the bond election and any registration of voters therefor shall be had and conducted in accordance with NRS 350.010 to 350.070, inclusive, and with the general election laws of the State of Nevada, and all laws amendatory thereof and supplemental thereto.
Sec. 6. If a majority of the paper ballots and voting machine ballot labels of each color on the question is in favor of the issuance of the bonds, the proposal to issue the bonds shall have carried, and the board of county commissioners shall proceed at its next regular meeting, or at some subsequent time, to adopt an ordinance or ordinances providing for the issuance of the bonds. If a majority of either the white paper ballots and white ballot labels or the colored paper ballots and colored ballot labels on the question, or a majority of both colors, is against the issuance of the bonds referred to in the proposal, then the proposal shall have failed and the election officers shall certify the result of the election to the board of county commissioners, which shall proceed no further in connection with the proposal.
Sec. 7. 1. Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof.
κ1963 Statutes of Nevada, Page 435 (CHAPTER 250, AB 431)κ
issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
2. General obligation bonds shall specifically pledge the full faith and credit of the county for their payment.
3. General obligation bonds shall not bear interest at a rate or rates exceeding 5 percent per annum.
4. Any general obligation bonds herein authorized to be issued shall bear such date or dates, shall mature in such denomination or denominations at such time or times but in no event commencing later than 3 years or exceeding 30 years from their date, shall bear interest evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year as may be prescribed by ordinance, shall be payable in such medium of payment at such place or places within or without the state, including but not limited to the office of the county treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed.
5. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, and with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
6. Pending preparations of the definite bonds, interim receipts or certificates, in such form and with such provisions as the board may determine, may be issued.
7. The bonds, any interest coupons thereto attached, and such interim receipts or certificates shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
8. Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder:
(a) Provide for the initial issuance of one or more bonds (in the subsection called bond) aggregating the amount of the entire issue or any portion thereof;
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable;
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
κ1963 Statutes of Nevada, Page 436 (CHAPTER 250, AB 431)κ
The board may further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.
9. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:
(a) Proof of ownership;
(b) Proof of loss or destruction;
(c) A surety bond in twice the face amount of the bond and coupons; and
(d) Payment of the cost of preparing and issuing the new bond.
10. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.
11. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the county treasurer.
12. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
13. The county treasurer may cause the countys seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
14. The bonds and coupons, bearing the signature of the officers in office at the time of the signing thereof, shall be valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
15. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 8. 1. Any general obligation bonds issued hereunder shall be sold at public sale, in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest, or at the boards option below par at a discount not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the county of more than 5 percent per annum computed to maturity according to standard tables of bond values.
κ1963 Statutes of Nevada, Page 437 (CHAPTER 250, AB 431)κ
result in a net interest cost to the county of more than 5 percent per annum computed to maturity according to standard tables of bond values.
2. No discount (except as hereinabove provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
3. The board may employ legal, fiscal, engineering and other expert services in connection with any facilities herein authorized and the authorization, issuance and sale of bonds.
Sec. 9. 1. All moneys received from the issuance of any bonds herein authorized shall be used solely for the purpose for which issued, including without limiting the generality of the foregoing, if so authorized, the payment of preliminary expenses.
2. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
3. Any unexpended balance of such bond proceeds remaining after the completion of the facilities for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of such bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
4. The validity of such bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
5. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.
Sec. 10. 1. To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the county, and shall fix a rate of levy, which, when levied upon every dollar of assessed valuation of taxable property within the county, and together with other revenues, will raise the amount required by the county annually to pay in full, when due, all interest on and principal of general obligation bonds of the county, including but not necessarily limited to those bonds issued hereunder. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in subsection 2 of this section 10.
2. The board, in certifying annual levies, shall take into account the maturing general obligation bonds and interest thereon, and deficiencies and defaults of prior years, and shall make ample provisions for the payment thereof. In case the moneys produced from such levies, together with other revenues of the county, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the general obligation indebtedness of the county is fully paid.
κ1963 Statutes of Nevada, Page 438 (CHAPTER 250, AB 431)κ
to be levied until the general obligation indebtedness of the county is fully paid.
Sec. 11. 1. The general obligation bonds authorized to be issued hereunder shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the state, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory limitations now or hereafter existing.
2. It shall be the duty of the board, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of other available revenues and probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due.
3. In any year in which the total taxes levied against the property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the state, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reductions so made shall be in taxes levied by such unit or units, for purposes other than the payment of their bonded indebtedness, and the taxes levied for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 12. Bonds issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 13. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or stamping thereon the word Paid, together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners. The county auditor shall credit the treasurer on his books for the amount so paid.
Sec. 14. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 15. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
κ1963 Statutes of Nevada, Page 439 (CHAPTER 250, AB 431)κ
Sec. 16. This act, without reference to other statutes of the state or to action heretofore taken by the county or its officers, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise provided. The bonds may be issued, and such development, enlargement, reconstruction, improvement and equipment of the county courthouse may be had without adherence to NRS 244.285; and no other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition to and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 17. This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
Sec. 18. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 19. This act shall become effective upon passage and approval.
________
Assembly Bill No. 433Clark County Delegation
CHAPTER 251
AN ACT authorizing Clark County, State of Nevada, to issue general obligation bonds in the aggregate principal amount of $1,000,000 for the purpose of the developing, enlarging, improving and equipping of its public airport known as McCarran Airfield, including the purchase of lands for runways; concerning the issuance of bonds therefor 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 April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. In addition to the powers conferred upon the board of county commissioners of Clark County, Nevada, by the general statutes of the State of Nevada, including, without limiting the generality of the foregoing, NRS 496.010 to 496.290, inclusive, and all laws amendatory thereof or supplemental thereto, the board of county commissioners may by ordinance submit the question of issuing bonds in the aggregate principal amount of not exceeding $1,000,000, for the development, enlargement, improvement and equipment of the countys public airport, sometimes designated as McCarran Airfield near Las Vegas, Nevada, including without limiting the generality of the foregoing, the acquisition of additional land therefor and other rights therein, the installation of runways and parking surfaces, the construction and improvement of such buildings as may be required or desired, and additions and appurtenances thereto, to the qualified electors of the county at any primary or general election or at a special election to be held for that purpose.
κ1963 Statutes of Nevada, Page 440 (CHAPTER 251, AB 433)κ
the development, enlargement, improvement and equipment of the countys public airport, sometimes designated as McCarran Airfield near Las Vegas, Nevada, including without limiting the generality of the foregoing, the acquisition of additional land therefor and other rights therein, the installation of runways and parking surfaces, the construction and improvement of such buildings as may be required or desired, and additions and appurtenances thereto, to the qualified electors of the county at any primary or general election or at a special election to be held for that purpose.
2. Nothing herein contained shall be construed as preventing any other bond question from being submitted at the same election at which the question herein authorized is submitted.
Sec. 2. 1. If the bond question is submitted at a primary or general election, the ordinance shall be effective at least 15 days prior to the election, and no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the ordinance shall be effective at least 43 days prior to the election, and the county clerk shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the election, in a newspaper published within the county and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a. m. to 12 m. and from 1 p. m. to 5 p. m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the 5 days preceding the close of registration before such a special election, the office of the county clerk shall be open from 9 a. m. to 5 p. m. and from 7 p. m. to 9 p. m. on Monday through Saturday, with Sunday and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special bond election from and including the 20th day next preceding such election up to but excluding the 10th day next preceding such election and during regular office hours.
6. No special registration shall be held for such a special bond election not held at the same time as a primary or general election if such election is held within 90 days of an election for which a countywide registration was held.
Sec. 3. 1. Following the adoption of an ordinance, as provided in section 1 hereof, designating that the election shall be submitted at the next primary or general election, the county clerk shall cause a notice of the bond election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 3 consecutive weeks by three weekly insertions a week apart, the first publication to be not more than 21 days nor less than 15 days next preceding the election.
κ1963 Statutes of Nevada, Page 441 (CHAPTER 251, AB 433)κ
2. Following the adoption of an ordinance, as provided in section 1 hereof, designating the bond election as a special election, the county clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.
Sec. 4. The notice of election shall contain:
1. The time and places (by specific delineation or general reference) of holding the election.
2. The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
3. The purpose for which the bonds are to be issued.
4. The maximum amount of the bonds.
5. The maximum rate of interest, not to exceed 5 percent per annum.
6. The maximum number of years, not exceeding 30, which the bonds are to run.
Sec. 5. 1. Any qualified elector who is properly registered shall be qualified to vote on such a bond question. Absentee voting shall not be permitted thereon. Voting machines may be used for the submission of such a bond question.
2. The board of county commissioners or other officer so authorized by law may consolidate or otherwise modify voting precincts, shall designate the polling places, shall appoint officers of the election for such precinct in such number as the board or officer may determine, and shall fix their duties and compensation.
3. Except as specifically provided or necessarily implied herein, the bond election and any registration of voters therefor shall be had and conducted in accordance with NRS 350.010 to 350.070, inclusive, and with the general election laws of the State of Nevada, and all laws amendatory thereof and supplemental thereto.
Sec. 6. If a majority of the paper ballots and voting machine ballot labels of each color on the question is in favor of the issuance of the bonds, the proposal to issue the bonds shall have carried, and the board of county commissioners shall proceed at its next regular meeting, or at some subsequent time, to adopt an ordinance or ordinances providing for the issuance of the bonds. If a majority of either the white paper ballots and white ballot labels or the colored paper ballots and colored ballot labels on the question, or a majority of both colors, is against the issuance of the bonds referred to in the proposal, then the proposal shall have failed and the election officers shall certify the result of the election to the board of county commissioners, which shall proceed no further in connection with the proposal.
Sec. 7. 1. Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
κ1963 Statutes of Nevada, Page 442 (CHAPTER 251, AB 433)κ
2. General obligation bonds shall specifically pledge the full faith and credit of the county for their payment.
3. General obligation bonds shall not bear interest at a rate or rates exceeding 5 percent per annum.
4. Any general obligation bonds herein authorized to be issued shall bear such date or dates, shall mature in such denomination or denominations at such time or times but in no event commencing later than 3 years or exceeding 30 years from their date, shall bear interest evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year as may be prescribed by ordinance, shall be payable in such medium of payment at such place or places within or without the state, including but not limited to the office of the county treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed.
5. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
6. Pending preparations of the definite bonds, interim receipts or certificates, in such form and with such provisions as the board may determine, may be issued.
7. The bonds, any interest coupons thereto attached, and such interim receipts or certificates shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
8. Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder:
(a) Provide for the initial issuance of one or more bonds (in the subsection called bond) aggregating the amount of the entire issue or any portion thereof;
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable;
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
The board may further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.
κ1963 Statutes of Nevada, Page 443 (CHAPTER 251, AB 433)κ
may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.
9. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:
(a) Proof of ownership;
(b) Proof of loss or destruction;
(c) A surety bond in twice the face amount of the bond and coupons; and
(d) Payment of the cost of preparing and issuing the new bond.
10. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.
11. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the county treasurer.
12. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
13. The county treasurer may cause the countys seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
14. The bonds and coupons, bearing the signature of the officers in office at the time of the signing thereof, shall be valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the person whose signatures appear thereon shall have ceased to fill their respective offices.
15. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 8. 1. Any general obligation bonds issued hereunder shall be sold at public sale, in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest, or at the boards option below par at a discount not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the county of more than 5 percent per annum computed to maturity according to standard tables of bond values.
2. No discount (except as hereinabove provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
κ1963 Statutes of Nevada, Page 444 (CHAPTER 251, AB 433)κ
3. The board may employ legal, fiscal, engineering and other expert services in connection with any facilities herein authorized and the authorization, issuance and sale of bonds.
Sec. 9. 1. All moneys received from the issuance of any bonds herein authorized shall be used solely for the purpose for which issued, including without limiting the generality of the foregoing, if so authorized, the payment of preliminary expenses.
2. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
3. Any unexpended balance of such bond proceeds remaining after the completion of the facilities for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of such bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
4. The validity of such bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
5. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.
Sec. 10. 1. To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the county, and shall fix a rate of levy, which, when levied upon every dollar of assessed valuation of taxable property within the county, and together with other revenues, will raise the amount required by the county annually to pay in full, when due, all interest on and principal of general obligation bonds of the county, including but not necessarily limited to those bonds issued hereunder. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in subsection 2 of this section 10.
2. The board, in certifying annual levies, shall take into account the maturing general obligation bonds and interest thereon, and deficiencies and defaults of prior years, and shall make ample provisions for the payment thereof. In case the moneys produced from such levies, together with other revenues of the county, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the general obligation indebtedness of the county is fully paid.
Sec. 11. 1. The general obligation bonds authorized to be issued hereunder shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the state, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory limitations now or hereafter existing.
κ1963 Statutes of Nevada, Page 445 (CHAPTER 251, AB 433)κ
be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory limitations now or hereafter existing.
2. It shall be the duty of the board, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of other available revenues and probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due.
3. In any year in which the total taxes levied against the property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the state, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reductions so made shall be in taxes levied by such unit or units, for purposes other than the payment of their bonded indebtedness, and the taxes levied for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 12. Bonds issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 13. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or stamping thereon the word Paid, together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners. The county auditor shall credit the treasurer on his books for the amount so paid.
Sec. 14. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 15. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 16. This act, without reference to other statutes of the state or to action heretofore taken by the county or its officers, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise provided. The bonds may be issued, and such development, enlargement, improvement and equipment of the countys public airport known as McCarran Airfield, including the purchase of land for runways, may be had without adherence to NRS 496.010 to 496.290, all inclusive; and no other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
κ1963 Statutes of Nevada, Page 446 (CHAPTER 251, AB 433)κ
NRS 496.010 to 496.290, all inclusive; and no other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition to and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing the objectives, and not an exclusive one.
Sec. 17. This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
Sec. 18. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining portions of this act.
Sec. 19. This act shall become effective upon passage and approval.
________
Assembly Bill No. 434Clark County Delegation
CHAPTER 252
AN ACT authorizing Clark County, State of Nevada, to issue general obligation bonds in the aggregate principal amount of $1,200,000 for the purpose of the development, construction, improvement and equipment of a Clark County district board of health building; concerning the issuance of bonds for such purpose 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 April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. In addition to the powers conferred upon the district board of health of Clark County, and upon the board of county commissioners of that county, by the general statutes of the State of Nevada, including, without limiting the generality of the foregoing, NRS 439.280 to 439.410, inclusive, 244.285, and all other laws amendatory thereof or supplemental thereto, the board of county commissioners may by ordinance submit the question of issuing bonds in the aggregate principal amount of not exceeding $1,200,000 for the development, construction, improvement, equipment of and furnishing of the Clark County district board of health building, following the request by resolution of the Clark County district board of health for an annual tax to be levied therefor, to the qualified electors of the county at the next primary or general election or at a special election to be held for that purpose.
κ1963 Statutes of Nevada, Page 447 (CHAPTER 252, AB 434)κ
county at the next primary or general election or at a special election to be held for that purpose.
2. Nothing herein contained shall be construed as preventing any other bond question from being submitted at the same election at which the question herein authorized is submitted.
Sec. 2. 1. If the bond question is submitted at a primary or general election, the ordinance shall be effective at least 15 days prior to the election, and no notice of registration of electors is required other than that required by the general election laws for such election.
2. If the bond question is submitted at a special election, the ordinance shall be effective at least 43 days prior to the election, and the county clerk shall cause to be published at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 30 days nor less than 22 days next preceding the election, in a newspaper published within the county and having a general circulation therein, a notice signed by him to the effect that registration for the special election will be closed on a date designated therein, as hereinafter provided.
3. Except as provided in subsection 4, the office of the county clerk shall be open for such a special election, from 9 a. m. to 12 m. and from 1 p. m. to 5 p. m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector.
4. During the 5 days preceding the close of registration before such a special election, the office of the county clerk shall be open from 9 a.m. to 5 p.m. and from 7 p.m. to 9 p.m. on Monday through Saturday, with Sunday and any legal holidays excepted.
5. The office of the county clerk shall be opened for registration of voters for such a special bond election from and including the 20th day next preceding such election up to but excluding the 10th day next preceding such election and during regular office hours.
6. No special registration shall be held for such a special bond election not held at the same time as a primary or general election if such election is held within 90 days of an election for which a countywide registration was held.
Sec. 3. 1. Following the adoption of an ordinance, as provided in section 1 hereof, designating that the election shall be submitted at the next primary or general election, the county clerk shall cause a notice of the bond election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 3 consecutive weeks by three weekly insertions a week apart, the first publication to be not more than 21 days nor less than 15 days next preceding the election.
2. Following the adoption of an ordinance, as provided in section 1 hereof, designating the bond election as a special election, the county clerk shall cause a notice of the election to be published in some newspaper printed in and having a general circulation in the county at least once a week for 2 consecutive weeks by two weekly insertions a week apart, the first publication to be not more than 14 days nor less than 8 days next preceding the election.
κ1963 Statutes of Nevada, Page 448 (CHAPTER 252, AB 434)κ
Sec. 4. The notice of election shall contain:
1. The time and places (by specific delineation or general reference) of holding the election.
2. The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
3. The purpose for which the bonds are to be issued.
4. The maximum amount of the bonds.
5. The maximum rate of interest, not to exceed 5 percent per annum.
6. The maximum number of years, not exceeding 30, which the bonds are to run.
Sec. 5. 1. Any qualified elector who is properly registered shall be qualified to vote on such a bond question. Absentee voting shall not be permitted thereon. Voting machines may be used for the submission of such a bond question.
2. The board of county commissioners or other officer so authorized by law may consolidate or otherwise modify voting precincts, shall designate the polling places, shall appoint officers of the election for such precinct in such number as the board or officer may determine, and shall fix their duties and compensation.
3. Except as specifically provided or necessarily implied herein, the bond election and any registration of voters therefor shall be had and conducted in accordance with NRS 350.010 to 350.070, inclusive, and with the general election laws of the State of Nevada, and all laws amendatory thereof and supplemental thereto.
Sec. 6. If a majority of the paper ballots and voting machine ballot labels of each color on the question is in favor of the issuance of the bonds, the proposal to issue the bonds shall have carried, and the board of county commissioners shall proceed at its next regular meeting, or at some subsequent time, to adopt an ordinance or ordinances providing for the issuance of the bonds. If a majority of either the white paper ballots and white ballot labels or the colored paper ballots and colored ballot labels on the question, or a majority of both colors, is against the issuance of the bonds referred to in the proposal, then the proposal shall have failed and the election officers shall certify the result of the election to the board of county commissioners, which shall proceed no further in connection with the proposal.
Sec. 7. 1. Any ordinance authorizing any bonds hereunder may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
2. General obligation bonds shall specifically pledge the full faith and credit of the county for their payment.
3. General obligation bonds shall not bear interest at a rate or rates exceeding 5 percent per annum.
4. Any general obligation bonds herein authorized to be issued shall bear such date or dates, shall mature in such denomination or denominations at such time or times but in no event commencing later than 3 years or exceeding 30 years from their date, shall bear interest evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year as may be prescribed by ordinance, shall be payable in such medium of payment at such place or places within or without the state, including but not limited to the office of the county treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed.
κ1963 Statutes of Nevada, Page 449 (CHAPTER 252, AB 434)κ
than 3 years or exceeding 30 years from their date, shall bear interest evidenced by one or two sets of coupons, payable annually or semiannually, except that the first coupon or coupons on any bond may represent interest for any period not in excess of 1 year as may be prescribed by ordinance, shall be payable in such medium of payment at such place or places within or without the state, including but not limited to the office of the county treasurer, and at the option of the board may be in one or more series, may be made subject to prior redemption in advance of maturity in such order or by lot or otherwise, at such time or times, without or with the payment of such premium or premiums not exceeding 5 percent of the principal amount of each bond so redeemed.
5. Bonds may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the bonds is not represented by interest coupons the bonds may provide for the endorsing of payments of interest thereon; and the bonds generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the board in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
6. Pending preparations of the definite bonds, interim receipts or certificates, in such form and with such provisions as the board may determine, may be issued.
7. The bonds, any interest coupons thereto attached, and such interim receipts or certificates shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
8. Notwithstanding any other provision of law, the board may in any proceedings authorizing bonds hereunder:
(a) Provide for the initial issuance of one or more bonds (in the subsection called bond) aggregating the amount of the entire issue or any portion thereof;
(b) Make such provision for installment payments of the principal amount of any such bond as it may consider desirable;
(c) Provide for the making of any such bond payable to bearer or otherwise, registrable as to principal, or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond.
The board may further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.
9. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the board:
(a) Proof of ownership;
(b) Proof of loss or destruction;
κ1963 Statutes of Nevada, Page 450 (CHAPTER 252, AB 434)κ
(c) A surety bond in twice the face amount of the bond and coupons; and
(d) Payment of the cost of preparing and issuing the new bond.
10. Any bond shall be executed in the name of and on behalf of the county and signed by the chairman of the board, countersigned by the county treasurer, with the seal of the county affixed thereto and attested by the county clerk.
11. Except for such bonds which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the bonds and shall bear the original or facsimile signature of the county treasurer.
12. Any of such officers, after filing with the secretary of state his manual signature certified by him under oath, may execute or cause to be executed with a facsimile signature in lieu of his manual signature any bond herein authorized, provided that at least one signature required or permitted to be placed thereon shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
13. This county treasurer may cause the countys seal to be printed, engraved, stamped or otherwise placed in facsimile on any bond. The facsimile seal has the same legal effect as the impression of the seal.
14. The bonds and coupons, bearing the signature of the officers in office at the time of the signing thereof, shall be valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons who signatures appear thereon shall have ceased to fill their respective offices.
15. Any officer herein authorized or permitted to sign any bond, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons pertaining thereto, or upon both the bond and such coupons.
Sec. 8. 1. Any general obligation bonds issued hereunder shall be sold at public sale, in accordance with NRS 350.120 to 350.160, inclusive, for not less than the principal amount thereof and accrued interest, or at the boards option below par at a discount not exceeding 5 percent of the principal amount thereof and at a price which will not result in a net interest cost to the county of more than 5 percent per annum computed to maturity according to standard tables of bond values.
2. No discount (except as hereinabove provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly.
3. The board may employ legal, fiscal, engineering and other expert services in connection with any facilities herein authorized and the authorization, issuance and sale of bonds.
Sec. 9. 1. All moneys received from the issuance of any bonds herein authorized shall be used solely for the purpose for which issued, including without limiting the generality of the foregoing, if so authorized, the payment of preliminary expenses.
κ1963 Statutes of Nevada, Page 451 (CHAPTER 252, AB 434)κ
2. Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds, or both interest and principal.
3. Any unexpended balance of such bond proceeds remaining after the completion of the facilities for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of such bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing their issuance.
4. The validity of such bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
5. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the county or any of its officers, agents and employees.
Sec. 10. 1. To levy and collect taxes, the board shall determine, in each year, the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the county, and shall fix a rate of levy, which, when levied upon every dollar of assessed valuation of taxable property within the county, and together with other revenues, will raise the amount required by the county annually to pay in full, when due, all interest on and principal of general obligation bonds of the county, including but not necessarily limited to those bonds issued hereunder. In the event of accruing defaults or deficiencies, an additional levy may be made as provided in subsection 2 of this section 10.
2. The board, in certifying annual levies, shall take into account the maturing general obligation bonds and interest thereon, and deficiencies and defaults of prior years, and shall make ample provisions for the payment thereof. In case the moneys produced from such levies, together with other revenues of the county, are not sufficient punctually to pay the annual installments on such obligations, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the general obligation indebtedness of the county is fully paid.
Sec. 11. 1. The general obligation bonds authorized to be issued hereunder shall be payable from general (ad valorem) taxes levied against all the taxable property in the county, including the net proceeds of mines. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the state, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, to be levied on all such taxable property within the boundaries of the county, and without regard to any statutory limitations now or hereafter existing.
2. It shall be the duty of the board, and of any other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances of other available revenues and probable delinquencies, to assure the prompt payment of all such principal and interest as the same becomes due.
κ1963 Statutes of Nevada, Page 452 (CHAPTER 252, AB 434)κ
to assure the prompt payment of all such principal and interest as the same becomes due.
3. In any year in which the total taxes levied against the property in the county by all overlapping units therein may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the state, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reductions so made shall be in taxes levied by such unit or units, for purposes other than the payment of their bonded indebtedness, and the taxes levied for the payment of such bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article 10 of the constitution of the state.
Sec. 12. Bonds issued hereunder, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 13. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof or stamping thereon the word Paid, together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners. The county auditor shall credit the treasurer on his books for the amount so paid.
Sec. 14. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal of and interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 15. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 16. This act, without reference to other statutes of the state or to action heretofore taken by the county or its officers, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise provided. The bonds may be issued, and such development, enlargement, reconstruction, improvement and equipment of the Clark County district board of health building may be had without adherence to NRS 439.320 to 439.410, inclusive, and 244.285; and no other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition to and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or any part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives, and not an exclusive one.
κ1963 Statutes of Nevada, Page 453 (CHAPTER 252, AB 434)κ
a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 17. This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.
Sec. 18. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining portions of this act.
Sec. 19. This act shall become effective upon passage and approval.
________
Assembly Bill No. 450Committee on Legislative Functions
CHAPTER 253
AN ACT to amend NRS section 238.070, relating to rates for official state and county advertising, by increasing the rate for such advertising; by changing the unit of measurement upon which the rate is based; and by providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 238.070 is hereby amended to read as follows:
238.070 1. All advertising ordered or required by the State of Nevada or by the respective counties of the state shall be paid for by the state or the county ordering or requiring the same at the rate of [20] 25 cents per single column line [nonpareil measurement or the equivalent] 6-point type for the first insertion and 15 cents per single column line for each subsequent insertion; an insertion to be held to be one publication per week whether the newspaper in which such advertising is ordered to be done be published daily or weekly.
2. Nothing contained in this section shall prohibit boards of county commissioners from entering into annual contracts for the entire official printing and advertising of their respective counties when a saving of public funds will be effected thereby.
________
κ1963 Statutes of Nevada, Page 454κ
Assembly Bill No. 456Clark County Delegation
CHAPTER 254
AN ACT to amend NRS section 254.010, relating to the appointment and compensation of county engineers, by increasing the maximum compensation payable to county engineers in counties with a population of 50,000 or more; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 254.010 is hereby amended to read as follows:
254.010 1. The board of county commissioners of any county in this state having a population of [not less than 10,000] less than 50,000 but not less than 10,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, is authorized to appoint a county engineer and to fix his compensation at a sum not to exceed $900 per month.
2. The board of county commissioners of any county in this state having a population of 50,000 or more is authorized to appoint a county engineer and to fix his compensation at a sum not to exceed $1,250 per month.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 460Clark County Delegation
CHAPTER 255
AN ACT to amend NRS section 258.065, relating to the salary for a constables clerk, by removing the limitation of $300 per month upon such salary.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 258.065 is hereby amended to read as follows:
258.065 1. In any township in this state wherein the population at the last preceding federal decennial census was 25,000 or more, the board of county commissioners may appoint for the constable of any such township a clerk, and provide compensation therefor [not to exceed $300 per month,] upon the written nomination and recommendation of the duly elected, qualified and acting constable of the township.
2. The constables clerk shall take the constitutional oath of office and give bond in the sum of $2,000 for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county.
κ1963 Statutes of Nevada, Page 455 (CHAPTER 255, AB 460)κ
3. The constables clerk shall do all clerical work in connection with keeping the records and files of the office, and shall perform such other duties in connection with the office as the constable shall prescribe.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 239Committee on Public Health
CHAPTER 256
AN ACT to amend chapter 450 of NRS, relating to county public hospitals, by adding a new section authorizing boards of hospital trustees to establish interne-training programs in county hospitals; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 450 of NRS is hereby amended by adding thereto a new section which shall read as follows:
A board of hospital trustees may institute and maintain in the county hospital an interne-training program which meets standards for recognition by the American Medical Association.
________
Senate Bill No. 238Committee on Public Health
CHAPTER 257
AN ACT to amend NRS sections 354.010 and 450.230, relating to the method of transaction of county business and to the budgets of county public hospitals, by authorizing the board of hospital trustees of any county public hospital to employ either the cash or accrual method of accounting; and by providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.010 is hereby amended to read as follows:
354.010 After March 28, 1953, the business of every county shall be transacted upon a cash basis and in accordance with the terms of NRS 354.010 to 354.060, inclusive [.] , except that county public hospitals may employ either the cash or accrual method of accounting.
Sec. 2. NRS 450.230 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 456 (CHAPTER 257, SB 238)κ
450.230 1. During the first week in February in each year, the board of hospital trustees shall file with the board of county commissioners a budget as required of all governmental agencies of this state by chapter 354 of NRS, and in the fiscal management of the affairs of the public hospital and all other institutions under the supervision, government and control of the board of hospital trustees, the board of hospital trustees shall be governed by the provisions of chapter 354 of NRS.
2. Nothing in subsection 1 shall be construed to prohibit the board of hospital trustees from employing either the cash or accrual method of accounting, as provided in NRS 354.010, in the fiscal management of the affairs of any county public hospital.
________
Assembly Bill No. 376Washoe County Delegation
CHAPTER 258
AN ACT conveying the title to the Olympic ski chalet on Slide Mountain in Washoe County from the State of Nevada to Washoe County; and providing other matters properly relating thereto.
[Approved April 5, 1963]
Whereas, Pursuant to the provisions of chapter 392, Statutes of Nevada 1957, at pages 750 and 751, and chapter 426, Statutes of Nevada 1959, at pages 696 and 697, the Nevada Olympic Games commission and the Olympic Games fund were created and moneys therefor appropriated by the Nevada legislature; and
Whereas, The Nevada Olympic Games commission caused to be constructed at Slide Mountain in Washoe County, Nevada, on lands belonging to the county, an Olympic ski chalet to be used in conjunction with the Olympic winter games; and
Whereas, By chapter 14, Statutes of Nevada 1961, at page 12, the Nevada Olympic Games commission was abolished and all moneys remaining in the Olympic Games fund reverted to the general fund in the state treasury, and thereafter the control and management of the Olympic ski chalet came under the jurisdiction of the superintendent of the state department of buildings and grounds, who leased same to Washoe County for a nominal consideration; and
Whereas, The Olympic ski chalet is an integral part of Washoe Countys park and recreation system and it is proper that the same be conveyed to Washoe County for such purposes without consideration; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title to that certain building commonly known and referred to as the Olympic ski chalet located on Slide Mountain in Washoe County, Nevada, on lands belonging to the county of Washoe, and constructed with funds appropriated for the support of the abolished Nevada Olympic Games commission is hereby transferred, sold and conveyed to the county of Washoe by the State of Nevada without the payment of any consideration.
κ1963 Statutes of Nevada, Page 457 (CHAPTER 258, AB 376)κ
abolished Nevada Olympic Games commission is hereby transferred, sold and conveyed to the county of Washoe by the State of Nevada without the payment of any consideration.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 164Committee on Banks, Banking and Corporations
CHAPTER 259
AN ACT relating to savings and loan associations; to amend NRS sections 673.018, 673.029, 673.0351, 673.0355, 673.0357, 673.047, 673.070, 673.080, 673.110, 673.112, 673.250, 673.260, 673.273, 673.276, 673.316 to 673.318, inclusive, 673.326, 673.328, 673.329, 673.333, 673.430, 673.750 and 673.840, relating to savings and loan associations, by redefining the terms investment certificate and residential property; defining accumulative, full paid and minimum term investment certificates; increasing the salary and qualifications of the commissioner of savings associations; changing the qualifications for members of the savings associations board; prohibiting other than savings and loan associations the conduct of savings and loan business; authorizing extensions of time in appeal hearings; providing for applications for permission to organize associations and the procedure therefor; authorizing the change of association names; deleting the requirement that an association must be operated from the home office; requiring the commissioner to approve sales of additional permanent capital stock; decreasing the amount of the annual assessments which the commissioner may levy against associations; deleting required ratios relating to total permanent stock, surplus, undivided profits and reserves; authorizing investments in real property for subdivision purposes; adding additional provisions relating to appraisers; authorizing loans for furniture and fixtures; providing for additional classes of savings accounts; and providing additional penalties for chapter violations; to amend chapter 673 of NRS, relating to savings and loan associations, by adding new sections authorizing the issuance of investment certificates and specifying the rights and liabilities of holders thereof; authorizing associations to purchase property for office buildings; providing associations may act as trustees and invest trust funds; defining short term loans and authorizing their making; requiring associations to have annual audits; prohibiting the commissioner, his agents and employees from having an interest in an association or being a borrower therefrom; requiring the commissioner to make annual reports to the governor; and providing certain information obtained by the commissioner to be confidential; to repeal NRS sections 673.0352, 673.0358, 673.100, 673.321, 673.323 and 673.760 to 673.800, inclusive, relating to the qualifications of the commissioner of savings associations, the nomination of persons to fill vacancies on the savings associations board, the renewal of association charters, required applications to the Federal Savings and Loan Insurance Corporation for insurance on accounts, loans on improved real property and the applicability of chapter 673 of NRS to corporations registered under the Investment Company Act of 1940; authorizing a successor commissioner to act on applications filed prior to February 18, 1963; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 673.018 is hereby amended to read as follows:
673.018 [Membership share or investment] 1. Investment certificate means any certificate or contract, either paid up or purchasable on an installment basis, [which matures at a definite time or upon demand thereafter or which matures for a definite amount and] which is issued for the purpose of providing a means of investment or savings.
κ1963 Statutes of Nevada, Page 458 (CHAPTER 259, SB 164)κ
certificate means any certificate or contract, either paid up or purchasable on an installment basis, [which matures at a definite time or upon demand thereafter or which matures for a definite amount and] which is issued for the purpose of providing a means of investment or savings. [or as a means of retiring an indebtedness and more than half of the proceeds from the sale of which are, or are intended to be, invested in or loaned upon real property, real property mortgages, real property deeds of trust, or in bonds, shares or other securities which are principally based for their security or earnings upon real property, or instruments secured by real property.]
2. An accumulative investment certificate is an investment certificate, not full paid and without an expressed date of maturity, upon which the holder has the option of making payment at such times and in such amounts as the holder elects and as the association permits.
3. A full paid investment certificate is an investment certificate, without an expressed date of maturity, for which the association has received the principal amount thereof at or prior to the time of the issuance of the certificate.
4. A minimum term investment certificate is an investment certificate, for which the association has received a single payment equal to the principal amount thereof and which has a date expressed therein before which notice of intention to withdraw cannot be given, or which requires written notice from the holder to the association for a period specified therein before the expiration of which period notice of intention to withdraw cannot be given. On and after such date, or upon and after the expiration of the specified period following such written notice, each such certificate ceases to be a minimum term investment certificate and becomes a full paid investment certificate, subject to the same withdrawal rights and restrictions as a full paid investment certificate.
Sec. 2. Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. An association may issue investment certificates, with or without passbooks. The holders of investment certificates are not liable for debts or assessments, and are entitled upon liquidation of an association to receive payment in full before any payment or distribution is made to shareholders or stockholders. The holders of investment certificates have no right to participate in the profits of the association.
2. Investment certificates may be issued as full paid investment certificates, accumulative investment certificates, minimum term investment certificates or other types of certificates approved by the commissioner.
Sec. 3. NRS 673.029 is hereby amended to read as follows:
673.029 Residential property means a building or buildings [not exceeding 30 units,] the residential use of which is substantial and permanent and not merely transitory.
Sec. 4. NRS 673.0351 is hereby amended to read as follows:
673.0351 The commissioner shall:
κ1963 Statutes of Nevada, Page 459 (CHAPTER 259, SB 164)κ
1. Be appointed by and serve at the pleasure of the governor.
2. Have had experience in the savings and loan field.
3. Receive an annual salary of [$9,460.] $15,000, which salary shall be paid from the savings and loan fund, the source of which is moneys collected under the provisions of this chapter from foreign and domestic associations, companies and corporations governed by this chapter.
[3.] 4. Receive the per diem expense allowance and travel expenses as fixed by law.
Sec. 5. NRS 673.0355 is hereby amended to read as follows:
673.0355 1. The board shall consist of five members appointed by the governor. Members of the board shall be citizens of the United States and residents of this state.
2. The members shall be representative businessmen [but not more than one may be actively engaged in the operation and management of an association.] and at least one but not more than two shall be experienced in the savings and loan industry.
3. The governor shall designate one of the members as chairman of the board.
Sec. 6. NRS 673.0357 is hereby amended to read as follows:
673.0357 Any vacancy occurring during a term shall be filled by appointment by the governor for the balance of the unexpired term. The governor shall give consideration to proportional regional representation on the board from areas in which associations are located.
Sec. 7. NRS 673.047 is hereby amended to read as follows:
673.047 1. Any association aggrieved by any action of the commissioner or by his failure to act under the provisions of this chapter may appeal therefrom to the board. The association shall file a written statement of objections with the chairman of the board within 30 days after the action of the commissioner or after his failure to act. A copy of the statement of objections shall be filed simultaneously with the commissioner.
2. Within 10 days after the filing of such statement of objections with the chairman, the board shall fix a date for a hearing on the objections. Written notice shall be given to the objecting association and to the commissioner stating the date of the hearing. The date of the hearing shall not be earlier than 15 days nor later than 30 days after the date of the notice, unless the board determines that an earlier hearing is necessary or advisable. Upon written agreement between the parties the board may extend the time for the hearing to the time agreed upon by the parties.
3. At the hearing, the association may be represented by an attorney, and may show by its directors, officers, employees and other witnesses the reasons why it deems itself aggrieved by the commissioners action or failure to act. The commissioner may be represented by an attorney, and shall be heard in defense of his action or his failure to act. Other interested persons who may be affected by the boards decision may be permitted to appear and testify.
4. Upon the conclusion of the hearing, the board shall excuse the representatives of the association, the commissioner and all other persons present, and shall determine the facts.
κ1963 Statutes of Nevada, Page 460 (CHAPTER 259, SB 164)κ
persons present, and shall determine the facts. The board may, in writing, either approve, disapprove or modify the action of the commissioner or approve or disapprove of his failure to act.
5. The boards written findings and decision shall be subject to review by the state board of finance if written demand therefor is filed with the secretary of the state board of finance within 30 days after the rendition of the findings and decision of the savings association board.
6. Any association shall have the right to appeal to the courts of the State of Nevada from any decision of the board after review thereof by the state board of finance as provided in subsection 5.
Sec. 8. NRS 673.070 is hereby amended to read as follows:
673.070 1. Building and loan associations and savings and loan associations and companies and joint-stock associations and companies and other associations and companies, except banks, trust companies, [and] licensed brokers [,] and credit unions, whose principal and primary business is to borrow, loan and invest money, and [companies and associations] which issue membership shares or investment certificates, [may] shall be incorporated under the provisions of this chapter. For that purpose all of the provisions of chapter 78 of NRS (Private Corporations) which are not in conflict with this chapter are hereby adopted as parts of this chapter, and all the rights, privileges and powers and all the duties and obligations of such domestic corporations and of the officers and stockholders thereof shall be as provided in chapter 78 of NRS except as otherwise provided in this chapter.
2. No person, firm, partnership, association or corporation except a savings and loan association incorporated under this chapter shall conduct or carry on the business of soliciting or advertising for the savings of shareholders, stockholders, members or investors and of loaning such savings. This subsection shall not apply to banks, trust companies, licensed brokers, credit unions and licensees under chapter 675 of NRS.
Sec. 9. NRS 673.080 is hereby amended to read as follows:
673.080 1. The secretary of state shall not issue any certificate to any such association or company authorizing it to do business until the articles of association, agreement or incorporation are approved by the commissioner.
2. No amendment to such articles of any such organization may be filed by the secretary of state without the written approval thereof by the commissioner.
3. No association may sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the commissioner [a license authorizing it so to do.
4. The application shall be:
(a) In writing.
(b) Verified.
κ1963 Statutes of Nevada, Page 461 (CHAPTER 259, SB 164)κ
(c) Accompanied by a fee of $500, no part of which shall be refunded.
(d) Filed with the commissioner.
5. In the application the association shall set forth:
(a) The names and addresses of its officers.
(b) The location of its office.
(c) An itemized account of its financial condition.
(d) The amount and character of its stock and shares.
(e) A copy of all minutes of any proceedings of its directors, shareholders or stockholders relating to or affecting the issue of such stock.
(f) Such additional information concerning the association, its condition and affairs as the commissioner may require.
6. Upon the filing of the application the commissioner shall examine it and the other papers and documents filed therewith. If he finds that the proposed issue will not mislead the public as to the nature of the investment or will not work a fraud upon the purchaser thereof, the commissioner may issue to the association a license authorizing it to issue and dispose of its stock in such amounts as the commissioner may in the license provide; otherwise he shall deny the application and notify the association in writing of his decision.
7. No association shall sell, offer for sale, negotiate for the sale of, take subscriptions for, or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a building and loan or savings and loan association under the laws of this state, and until it has, subsequent to obtaining such license, applied for and secured insurance under the rules and regulations of the Federal Savings and Loan Insurance Corporation.
8. Prior to approval of any application for a new or a branch office license the commissioner shall notify all associations doing business within a radius of 50 miles of the principal place of business of the applicant. Any association so notified may, within 20 days, protest in writing the granting of the application. After receipt of such written protest, the commissioner shall fix a date for a hearing upon the protest within 30 days after the receipt thereof.] approval of an application for permission to organize as provided for in this section.
4. (a) Persons who desire to organize an association under this chapter shall first execute in triplicate an application, in the form prescribed by the commissioner, for permission to organize such an association before taking any other action in connection therewith.
(b) Upon execution of an application for permission to organize by seven responsible citizens (hereinafter in this section referred to as applicants), the original and two copies thereof shall be submitted to the commissioner. The applicants shall submit with their application the names and addresses of the applicants, the location of the proposed office, an itemized account of the financial condition of the proposed association and of the applicants, the amount and character of the proposed stock and shares, statements, exhibits, maps and such additional information as the commissioner may require, together with an affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief.
κ1963 Statutes of Nevada, Page 462 (CHAPTER 259, SB 164)κ
affidavit that the representations made thereby are consistent with the facts to the best of the applicants information and belief. This data shall be sufficiently detailed and comprehensive to enable the commissioner to pass upon the application as to:
(1) The character and responsibility of the applicants;
(2) The need for such association in the community to be served;
(3) Reasonable probability of its usefulness and success; and
(4) Whether or not such an association can be established without undue injury to any properly conducted existing savings and loan institutions.
(c) If the commissioner approves the application he shall, within 30 days, notify all associations within 100 miles of the community where the applicant intends to establish an association. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of such written protest, the commissioner shall fix a date for a hearing upon the protest, which hearing shall be held not earlier than 30 days nor more than 60 days from the date of receipt of written notice by registered mail by the parties.
(d) The commissioner shall approve or deny the application within 90 days from the date of the conclusion of the hearing and shall give all parties written notice of his decision on or before such date.
(e) If the commissioner approves the application, he shall establish as conditions to be met prior to the issuance of a charter requirements as to:
(1) Minimum number of shares of permanent capital stock to be subscribed to the associations permanent capital, at least 75 percent of which in number of stockholders and dollar amount of capital must be subscribed by bona fide residents of the State of Nevada;
(2) Minimum amount of paid-in surplus;
(3) Minimum amount of investment certificates to be paid into the associations savings accounts upon issuance of a charter to it;
(4) Such other requirements as he deems necessary or desirable. Approval of an application for permission to organize an association shall not in any manner obligate the commissioner to issue a charter, except that when all requirements of this chapter and of the commissioner have been fulfilled, he shall issue a charter.
5. Prior to the issuance of a charter for a branch office of an existing association, the commissioner shall notify all associations doing business within a radius of 100 miles of the principal place of business of the applicant, and within a radius of 100 miles of the proposed branch office. Any association so notified may, within 20 days, protest in writing the granting of the application. Within 30 days after receipt by the commissioner of such written protest, the commissioner shall fix a date for a hearing upon the protest, which hearing shall be held not earlier than 60 days nor more than 90 days from the date of receipt of written notice by registered mail by the parties.
κ1963 Statutes of Nevada, Page 463 (CHAPTER 259, SB 164)κ
6. No association shall sell or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it to operate as a savings and loan association under the laws of this state and until it has applied for and secured insurance of accounts under the rules and regulations of the Federal Savings and Loan Insurance Corporation.
7. The commissioner may extend the time for any hearing provided for in this section, to the time agreed upon by the parties.
8. Every application for permission to organize, as provided for in this section, shall be accompanied by a fee of $500, no part of which shall be refunded.
9. The commissioner may impose conditions requiring the impoundment of proceeds from the sale of any stock, limiting the expense in connection with the sale of stock, and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the permission to organize.
10. Every permission to organize issued by the commissioner shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the organization or of the stock permitted to be issued.
11. Any corporation making application under this section or authorized to organize or authorized to establish a savings and loan association shall provide for a minimum par value of its permanent capital stock of at least $1 in its articles of incorporation.
12. The removal of any office of an association to any other location from its then-existing location requires prior approval of the commissioner.
13. No association shall pay any commissions or other compensation for the subscription to or sale of its stock.
Sec. 9.5. Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. If the commissioner denies an application after it has been submitted, or, if an application has been submitted and a hearing has been held thereon as provided for in this chapter and the application has thereafter been denied, the applicant may, within 10 days from the date of the denial by the commissioner, appeal therefrom to the district court in and for the county in which the party or the majority of the parties adversely affected by the commissioners decision resides or reside, by:
(a) Serving upon the commissioner a notice of such appeal and a demand in writing for a certified transcript of all the papers on file in the office of the commissioner affecting or relating to the commissioners action and all the evidence taken on the hearing; and
(b) Paying not more than 25 cents for each folio of the transcript and $1 for the certification thereof.
2. Thereupon the commissioner or, in his absence or inability to act, his deputy, shall, within 30 days, make and certify such transcript, and the applicant shall, within 5 days after receiving the same, file the transcript and the notice of appeal with the clerk of the court.
κ1963 Statutes of Nevada, Page 464 (CHAPTER 259, SB 164)κ
transcript and the notice of appeal with the clerk of the court. A copy of the notice of appeal shall be mailed to all existing savings and loan associations within 5 days after receipt of the notice by the commissioner.
3. Upon the hearing of the appeal the burden of proof shall be upon the appellant and the court shall receive and consider any pertinent evidence, whether oral or documentary, concerning the action of the commissioner from which the appeal is taken, but shall be limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the commissioner in making such a decision.
Sec. 10. NRS 673.110 is hereby amended to read as follows:
673.110 Any domestic association, which [, on March 28, 1955, had] has the words [building and loan] savings and loan in its name, may, by filing with the commissioner written notice thereof authorized by its board of directors and by complying otherwise with its articles of incorporation, [change the word building in its name to the word savings.] remove the words and loan from its name.
Sec. 11. NRS 673.112 is hereby amended to read as follows:
673.112 1. A branch office is a legally established place of business of an association, other than the home office, authorized by the board of directors and approved by the commissioner, and at which any and all association business may be conducted.
2. [Each association shall be operated from the home office.] All branch offices shall be subject to direction from the home office.
3. No association may establish or maintain a branch office without prior written approval of the commissioner. Each application for approval of the establishment and maintenance of a branch office shall:
(a) State the proposed location thereof, the need therefor, the functions to be performed therein, the estimated annual expense thereof and the mode of payment therefor.
(b) Be accompanied by a fee of $250, no part of which shall be refunded.
(c) Be accompanied by a budget of the association for the current dividend period and for the next succeeding semiannual period, which reflects the estimated additional expense of the maintenance of such branch office.
4. After receipt of an application the commissioner shall determine:
(a) Whether the establishment and maintenance of the branch office will unduly injure any properly conducted existing association in the community where such branch office is proposed to be established or in any neighboring community; and
(b) Whether or not the establishment and maintenance of the branch office will serve the public interest.
5. If the commissioner finds that no undue injury is likely to result, that the establishment and maintenance of such branch office is advisable and will serve the public interest, he may approve the application.
6. For good cause and after notice to the association, the commissioner may revoke his approval for the maintenance of a branch office.
κ1963 Statutes of Nevada, Page 465 (CHAPTER 259, SB 164)κ
Such revocation may be appealed by the association pursuant to the provisions of NRS 673.047.
Sec. 12. Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.
Sec. 13. An association may purchase property for its office buildings or construct its office buildings on property purchased by it, providing that the total cost of land and improvements does not exceed 70 percent of the sum of the associations capital, surplus and reserves.
Sec. 14. 1. An association is authorized and empowered to act as:
(a) Trustee within the contemplation of subsection (d) (1) of section 2 of the Federal Self-Employed Individual Tax Retirement Act of 1962; and
(b) Custodian within the contemplation of subsection (f) (1) of the same act.
2. An association subscribing to trustee and custodial power authorized by this section shall be required to segregate all funds held in such fiduciary capacity from the general assets of the association and keep a separate set of books and records showing in proper detail all transactions engaged in under the authority of this section.
3. Provided individual records are kept of each self-employed individual retirement plan, all funds held in such trust or custodial capacity by the association may be commingled for appropriate purposes of investment.
4. No funds held in such fiduciary capacity shall be used by the association in the conduct of its business, although funds held in such fiduciary capacity may be invested in the savings accounts of the institution if the trust or custodial retirement plan does not prohibit such investment.
Sec. 15. NRS 673.250 is hereby amended to read as follows:
673.250 1. No association may sell [, offer for sale, negotiate for the sale of, take subscriptions for,] or issue any of its permanent stock until it has first applied for and secured from the commissioner a license authorizing it so to do [.] as provided in NRS 673.080.
2. Every such license shall recite in bold type that the issuance thereof is permissive only and does not constitute a recommendation or endorsement of the stock permitted to be issued.
3. Before the sale of any additional permanent capital stock, the association shall have the written approval of the commissioner. No sale of additional permanent capital stock shall be approved for a price less than the book value of the permanent capital stock except with the approval of the commissioner.
4. The commissioner may impose conditions requiring the impoundment of the proceeds from the sale of [the] any stock, limiting the expense in connection with the sale and such other conditions as are reasonable and necessary or advisable to insure the disposition of the proceeds from the sale of the stock in the manner and for the purposes provided in the license.
Sec. 16. NRS 673.260 is hereby amended to read as follows:
673.260 1. The license mentioned in NRS 673.250 shall authorize the company, association or corporation to whom it is issued to sell its approved securities and contracts within this state for the remainder of the fiscal year ending on June 30 next succeeding.
κ1963 Statutes of Nevada, Page 466 (CHAPTER 259, SB 164)κ
its approved securities and contracts within this state for the remainder of the fiscal year ending on June 30 next succeeding. Each license shall be renewable, under like restrictions, annually thereafter.
2. For the issuing of any license provided for in NRS 673.250 and for any renewal thereof, the fee of the commissioner shall be:
(a) For each home office, $200 plus 15 cents for each $1,000 of gross assets of the company, association or corporation as of December 31 of each year.
(b) For each branch office, $100.
3. If the commissioner finds that moneys in the savings and loan fund will be insufficient for the operation of the department, he may, annually, levy and collect an assessment from each company, association or corporation, the total of which shall not exceed [35] 15 cents per each $1,000 of gross assets as of December 31 of each year. Assessments shall be prorated among such companies, associations and corporations on the basis of their gross assets. Notice of an assessment and the amount thereof shall be given to each company, association or corporation by registered or certified mail to the address of such company, association or corporation on file with the commissioner. The assessment shall be due and payable at the time provided in NRS 673.430.
4. All sums so received by the commissioner shall be forthwith delivered to the state treasurer and shall be paid into the savings and loan fund in the state treasury.
Sec. 17. NRS 673.273 is hereby amended to read as follows:
673.273 1. The total permanent stock subscribed and paid [shall at all times be at least 1 percent of the savings capital of an association. Such stock] plus the total of the surplus, undivided profits and all reserves available for losses shall not at any time be less than 5 percent of the aggregate certificate value of the outstanding investment certificates of the association. [Any association which has not attained the ratio required by this section on March 30, 1959, shall attain such ratio within 5 years in the following percentages and on the following dates:
(a) On October 31, 1959, 3.2 percent.
(b) On December 31, 1959, 3.4 percent.
(c) On June 30, 1960, 3.6 percent.
(d) On December 31, 1960, 3.8 percent.
(e) On June 30, 1961, 4 percent.
(f) On December 31, 1961, 4.2 percent.
(g) On June 30, 1962, 4.4 percent.
(h) On December 31, 1962, 4.6 percent.
(i) On June 30, 1963, 4.8 percent.
(j) On December 31, 1963, 5 percent.]
2. No dividends shall be declared on permanent stock until the total of the permanent stock, surplus, undivided profits and all reserves available for losses is equal to 5 percent of the outstanding investment certificates and if payment of such dividends would reduce the capital structure to an amount below 5 percent.
κ1963 Statutes of Nevada, Page 467 (CHAPTER 259, SB 164)κ
3. Subject to the provisions of this chapter, permanent stock shall be entitled to the rate of dividend, if earned, fixed by the board of directors.
4. Stock dividends may be payable out of otherwise unallocated surplus or undivided profits.
Sec. 18. NRS 673.276 is hereby amended to read as follows:
673.276 1. An association shall have the power to invest in:
(a) Without limit, obligations of, or obligations guaranteed as to principal and interest by, the United States or [this] any state.
(b) Stock of a federal home-loan bank of which it is eligible to be a member.
(c) Any obligations or consolidated obligations of any federal home-loan bank or banks.
(d) Stock or obligations of the Federal Savings and Loan Insurance Corporation.
(e) Stock or obligations of a national mortgage association or any successor or successors thereto.
(f) Demand, time or savings deposits with any bank or trust company, the deposits of which are insured by the Federal Deposit Insurance Corporation.
(g) Stock or obligations of any corporation or agency of the United States or [this] any state, or in deposits therewith to the extent that such corporation or agency assists in furthering or facilitating the associations purposes or powers.
(h) Savings accounts of any insured state-licensed association and of any federal savings and loan association.
(i) Bonds, notes or other evidences of indebtedness which are general obligations of any city, town, county, school district or other municipal corporation or political subdivision of [this] any state.
2. An association may invest any portion of its funds in loans to its borrowing members secured by first lien deeds of trust or mortgages upon real property. Additional loans or advances on the same property, without intervening liens, shall be deemed to be first liens for the purpose of this chapter, but no one loan can be made in excess of 2 percent of the total assets of the association.
3. An association may create loans by investment in real property within 100 miles of its home office, and such investment may include the subdivision and development of such real property principally for residential use. No association shall have investments under this subsection at any time greater than 5 percent of its assets. No investment made pursuant to this subsection may be held by an association for more than 3 years except with the permission of the commissioner.
Sec. 19. NRS 673.316 is hereby amended to read as follows:
673.316 1. Nothing in this chapter requires any association to sell, transfer or dispose of any investment or loan made or purchased by such association before March 30, 1959. Any association may:
(a) Renew, extend the time of payment of, or rewrite any loan made before such date.
(b) Make additional advances or loans for the purpose of preserving the security of such loan or for the purpose of protecting the property securing such loan.
κ1963 Statutes of Nevada, Page 468 (CHAPTER 259, SB 164)κ
the security of such loan or for the purpose of protecting the property securing such loan.
(c) Make any such renewal, extension, advance or loan to the borrower or to any successor in interest in the property securing the loan.
(d) Make loans on property sold by an association or extend credit thereon for the purpose of facilitating the sale of such property regardless of any other provision of this chapter.
2. No advance or loan may be made under the provisions of this section if such advance or loan would increase the total liability [of] to the association making such advance or loan to more than 2 percent of total assets [.] , except with the approval of the commissioner.
3. For the purpose of preserving the security of any loan or of protecting the property securing any loan made in compliance with this chapter, an association may make additional advances or loans to the borrower or any successor in interest in the property securing the loan. Regardless of any other provision of this chapter an association may make loans or extend credit for the purpose of facilitating the sale of property acquired by foreclosure or by conveyance in lieu of foreclosure.
Sec. 20. NRS 673.317 is hereby amended to read as follows:
673.317 No loan may be made upon the appraisement of, nor shall compensation for any appraisement be paid to any appraiser, officer or member of any committee who has not been first approved in writing by the commissioner for the association. The approval is subject to such limitations as the commissioner provides, and may be revoked for cause by the commissioner, after giving due notice to the appraiser and the association and holding a hearing. The association shall give notice in writing to the commissioner of the termination of the services of any appraiser within 15 days of such termination.
Sec. 21. NRS 673.318 is hereby amended to read as follows:
673.318 Every association shall appraise each parcel of real estate at the time of acquisition thereof. The report of each such appraisal shall be submitted in writing to the board of directors and shall be kept in the records of the association. The commissioner may require the appraisal of real estate securing loans [which are delinquent more than 6 months.] by an appraiser selected by the commissioner. The association whose securities are appraised under this section shall pay the expense of such appraisal to the commissioner upon demand. Copies of appraisals shall be furnished to the association.
Sec. 22. NRS 673.326 is hereby amended to read as follows:
673.326 An association may make real property loans for the purpose of construction to eligible members on the straight mortgage plan without amortization of principal but with interest payable at least semiannually; but such loans may be made for an amount not in excess of 80 percent of the value and for a term of not more than [1 year.] 18 months.
Sec. 23. Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 24 and 25 of this act.
Sec. 24. An association may make short-term real property loans to eligible members under the direct reduction loan plan in accordance with NRS 673.006 and 673.324, and the initial loan contract may provide for monthly installments of an amount more than 50 percent larger than any previous monthly installment.
κ1963 Statutes of Nevada, Page 469 (CHAPTER 259, SB 164)κ
to eligible members under the direct reduction loan plan in accordance with NRS 673.006 and 673.324, and the initial loan contract may provide for monthly installments of an amount more than 50 percent larger than any previous monthly installment.
Sec. 25. Short-term loan means a direct reduction loan for a term of 3 years or less.
Sec. 26. NRS 673.328 is hereby amended to read as follows:
673.328 An association may make loans of the types enumerated in this section on the security of first liens on improved real property only when the resulting aggregate amount of the following investments does not exceed 30 percent of the associations assets:
1. Loans in excess of [$35,000,] $50,000, after deducting each part of any such loan if secured by a blanket mortgage, which is apportionable in an amount not exceeding [$35,000] $50,000 to each home or combination of home and business property and residential property which is part of the security or one-fourth of 1 percent of the associations assets, whichever is the greater.
2. Loans on improved real property other than homes or combination homes and business property and residential property.
3. Loans on improved real property located outside the regular lending area of the association unless such loans are protected by insurance as provided in the National Housing Act, or the Servicemens Readjustment Act of 1944, as now or hereafter amended.
4. Noninstallment or straight mortgage loans, except construction loans.
5. Loans on one-family, owner-occupied homes, in an amount between 80 percent and 90 percent, inclusive, of the value, providing:
(a) Impounds are collected for taxes and insurance; and
(b) There is no secondary financing; and
(c) The loan does not exceed 90 percent of the first $25,000 of value and 80 percent of the additional value; and
(d) The total loan does not exceed $26,500.
Sec. 27. NRS 673.329 is hereby amended to read as follows:
673.329 1. An association may make loans for property alteration, repair or improvement without the security of a lien upon such property if such loans are accepted for insurance under the provisions of the National Housing Act, as now or hereafter amended, or for insurance or guarantee under the provisions of the Servicemens Readjustment Act of 1944, as now or hereafter amended, and if:
[1.] (a) The net proceeds of any such loan do not exceed [$5,000.] $10,000.
[2.] (b) The property is located in the associations regular lending area.
[3.] (c) Each such loan is evidenced by one or more negotiable notes, bonds, or other written evidences of debt.
[4.] (d) The resulting aggregate amount of all such loans does not exceed an amount equal to 15 percent of the associations assets.
In addition to the foregoing, the association may make loans for property alterations, repair or improvements with the security of at least a second deed of trust upon such property if the net proceeds of any such loan do not exceed [$5,000.]
κ1963 Statutes of Nevada, Page 470 (CHAPTER 259, SB 164)κ
least a second deed of trust upon such property if the net proceeds of any such loan do not exceed [$5,000.] $10,000.
2. An association may make loans for furniture, furnishings, fixtures and equipment for use on an apartment, motel and hotel property on which the association has a first lien. These loans shall be secured by a chattel mortgage and a second deed of trust. The loan shall be repaid in installments, but the term of repayment shall not be longer than 5 years. The total of all loans of this type shall be limited to 5 percent of assets.
Sec. 28. Chapter 673 of NRS is hereby amended be adding thereto a new section which shall read as follows:
No association shall loan any of its funds upon the security of its own stock.
Sec. 29. NRS 673.333 is hereby amended to read as follows:
673.333 1. The apportionment of earnings or payment of interest by declaration of the board of directors shall be made semiannually on June 30 and December 31 of each year, or quarterly on such dates, plus March 31 and September 30 of each year.
2. The percentage rate of the declaration shall be determined by the board of directors as it shall deem expedient for the safety and security of all members and investors; but if such percentage rate is excessive, unjust or inequitable, it shall be subject to disapproval of, and reduction by, the commissioner. However, the association may appeal any disapproval or reduction by the commissioner to the board.
3. No association shall be required to pay or credit [dividends or] interest on accounts of $10 or less.
4. Except as otherwise provided in this chapter, [dividends or] interest shall be declared on the participation value of each account at the beginning of the [dividend] interest period, plus payments thereon made during the [dividend or] interest period, less amounts withdrawn, which for [dividend or] interest purposes shall be deducted from the latest previous payments thereon, computed at the [dividend] rate for the time invested, determined as provided in this section.
5. The date of investment shall be the date of actual receipt by the association, except that the board of directors may fix a date, which shall not be later than the [15th] 20th day of the month, for determining the date of investment on which [dividends or] interest shall be computed. The board of directors may permit investments [of $500 or more] to receive [dividends] interest calculated from the date of actual receipt. [The final determination date shall not be later than the 15th day of the month unless it falls on a nonbusiness day.]
6. In addition to the classes of savings accounts provided for in this chapter, an association may, with the approval of its board of directors, authorize additional classes of savings accounts, providing the information about such additional classes of accounts is made available to all savings account holders.
Sec. 30. NRS 673.430 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 471 (CHAPTER 259, SB 164)κ
673.430 1. Each such foreign or domestic association, company or corporation doing business in this state shall cause to be filed annually with the commissioner on or before March 1, a sworn statement in two sections.
2. One section of the annual report shall contain, in such form and detail as the commissioner may prescribe, the following:
(a) The amount of authorized capital by classes and the par value of each class of shares.
(b) A statement of its assets and liabilities at the close of its last fiscal year.
(c) Salaries paid to each of its officers and to its manager, if any, during its last fiscal year.
(d) The total of its liability to [Nevada] investors at the close of its last fiscal year.
(e) Any other facts which the commissioner may require.
This section of the annual report shall be furnished in duplicate, one copy, duly certified as such, to be returned to the reporting organization, which, with the exception of paragraph (c) of subsection 2, shall be published at least two times in some newspaper having a general circulation in the county in which the association maintains an office. Publication shall be completed on or before May 1, and proof thereof shall be filed in the office of the commissioner.
3. One section of the annual report shall contain such other information as the commissioner may require to be furnished therein. This section need not be published and shall be treated as confidential by the commissioner.
4. At the time of filing of its annual report, every association shall be required to pay to the commissioner for supervision and examination:
(a) An annual fee of $200 for each home office, and an annual assessment on its gross assets computed per $1,000 as of December 31 of the preceding year at the rate of 15 cents per $1,000 of gross assets.
(b) An annual fee of $100 for each branch office.
(c) Any assessment levied pursuant to the provisions of subsection 3 of NRS 673.260.
5. At the time of filing its annual report, every foreign savings and loan association, company or corporation, doing business in this state, whether or not doing business by and through agents or representatives in this state, except federally chartered savings and loan associations having their home offices located within the State of Nevada, shall be required to obtain a license to do business within the State of Nevada. The license shall be issued by the commissioner in accordance with the provisions of NRS 673.080 and shall be subject to the provisions of NRS 673.260.
Sec. 31. Chapter 673 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Each association shall, at least once each year, cause its books and accounts to be audited at its own expense by a certified public accountant or firm of such accountants selected by the association and approved by the commissioner.
κ1963 Statutes of Nevada, Page 472 (CHAPTER 259, SB 164)κ
accountant or firm of such accountants selected by the association and approved by the commissioner.
2. The commissioner may prescribe the scope of the audit.
3. A certified copy of the audit shall be furnished to the commissioner.
Sec. 32. NRS 673.750 is hereby amended to read as follows:
673.750 Every federal savings and loan association incorporated under the provisions of the Home Owners Loan Act of 1933, being c. 64, 48 Stat. 128, and also designated as 12 U.S.C. §§ 1461 to 1468, inclusive, as now or hereafter amended, and having its principal place of business in the State of Nevada, and the holders of shares or share accounts issued by any such association, respectively, shall have all the rights, powers and privileges, and shall be entitled to the same exemptions and immunities granted, respectively, to building and loan associations organized under the laws of this state and to the holders of investment certificates, membership shares or guaranty stock of such state associations.
Sec. 33. NRS 673.840 is hereby amended to read as follows:
673.840 Any person, firm, copartnership or corporation doing business in this state, as described in NRS 673.070, selling or offering for sale within this state any securities of any company, association or corporation which has not received the license provided for in NRS 673.080 and 673.250, or who shall not himself have secured the license provided for in NRS 673.270, or who shall not have paid the fees and obtained the license as provided in NRS 673.430, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment [.] , for each such violation.
Sec. 34. Chapter 673 of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 38, inclusive, of this act.
Sec. 35. All notices shall be in writing. All notices issued or required to be issued by the commissioner shall be sent by registered or certified mail and shall become effective upon deposit of the notice in the mails.
Sec. 36. Neither the commissioner nor any deputy, attorney, examiner, accountant or appraiser appointed or employed by the commissioner shall:
1. Be interested, directly or indirectly, in any association.
2. Be or become indebted, directly or indirectly, as borrower, endorser, surety or guarantor, or sell or otherwise dispose of any loan or investment to any association under the commissioners supervision or subject to the commissioners examination.
Sec. 37. 1. The commissioner shall make an annual report to the governor on or before July 1 of each year. The report shall:
(a) Show the condition of all associations reporting to or examined by the commissioner.
(b) Be accompanied by a detailed statement of all moneys received by the commissioner since his last report and the disposition of such moneys.
κ1963 Statutes of Nevada, Page 473 (CHAPTER 259, SB 164)κ
2. Copies of the reports shall be furnished to each association or company licensed under the provisions of this chapter.
Sec. 38. All information and data required by the commissioner to be furnished to him under this chapter or which may be otherwise obtained by him, including information and data relative to earnings or revenue of an existing association or an applicant for a permit or license, shall be confidential and shall not be revealed in whole or in part, except:
1. In the course of the necessary administration of this chapter.
2. Upon the lawful order of a court of competent jurisdiction.
Sec. 39. Any successor commissioner shall:
1. Consider and act upon any pending application to operate a savings and loan association on which a hearing has been held or a pending branch application for an existing association together with any evidence submitted in connection therewith at any hearing thereon which was filed with any predecessor commissioner prior to February 18, 1963.
2. Consider an application to operate a savings and loan association which prior to February 18, 1963, was authorized to be submitted and the fee paid thereon prior to such date, but the commissioner shall not act on such application until notice has been given and a hearing has been held thereon in the manner required by chapter 673 of NRS.
Sec. 40. NRS 673.0352, 673.0358, 673.100, 673.321, 673.323 and 673.760 to 673.800, inclusive, are hereby repealed.
Sec. 41. This act shall become effective upon passage and approval.
________
Senate Bill No. 26Committee on Public Health
CHAPTER 260
AN ACT to amend chapter 639 of NRS, relating to pharmacists and pharmacy, by adding new sections declaring the practice of pharmacy to be a profession and authorizing the state board of pharmacy to adopt rules of professional conduct for registered pharmacists; to amend NRS sections 639.030, 639.070, 639.120 and 639.220, relating to pharmacists and pharmacy, by changing the terms of office of members of the state board of pharmacy; by requiring that an applicant for registration as a pharmacist be a graduate of a school of pharmacy approved by the National Association of Boards of Pharmacy and the state board of pharmacy; by authorizing the state board of pharmacy to allow licensed pharmacies to be without a pharmacist for limited periods to allow the pharmacist to take meals; to repeal NRS section 639.110, relating to the compounding and dispensing of emergency prescriptions by general dealers in rural districts; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1963 Statutes of Nevada, Page 474 (CHAPTER 260, SB 26)κ
Sec. 2. The legislature hereby declares the practice of pharmacy to be a profession.
Sec. 3. 1. The board may by rule or regulation adopt, amend or repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession.
2. Every registered pharmacist shall be governed and controlled by the rules of professional conduct adopted by the board.
3. The rules of professional conduct adopted by the board shall be printed as a part of the application blanks for registration and for renewals thereof, and every applicant shall subscribe thereto when making an application.
4. Nothing contained in section 2 and this section shall be construed as authorizing the board to adopt rules of professional conduct relating to prices or fees or to advertising and promotion of commodities or services.
Sec. 4. NRS 639.030 is hereby amended to read as follows:
639.030 1. [Within 30 days after his appointment, each member of the board shall take and subscribe, before the county clerk in the county in which he resides, an oath to discharge faithfully and impartially the duties prescribed by this chapter.
2. Members of the board shall hold office for a term of 4 years and until their successors are appointed and have qualified.
3. Vacancies occurring shall be filled by the governor by appointment for the remainder of the term only.] The terms of the two members of the board appointed by the governor prior to the effective date of this act whose terms would expire on December 19, 1965, and January 5, 1966, shall expire on July 1, 1964. The term of the member of the board appointed by the governor prior to the effective date of this act whose term would expire on December 12, 1966, shall expire on July 1, 1965. The terms of the two members of the board appointed by the governor prior to the effective date of this act whose terms would expire on January 8, 1967, shall expire on July 1, 1966.
2. Upon the expiration of the terms as provided in subsection 1, all appointments thereafter shall be made for terms of 4 years by the governor.
3. Vacancies occurring shall be filled by appointment for the unexpired term.
4. Within 30 days after his appointment, each member of the board shall take and subscribe, before the county clerk in the county in which he resides, an oath to discharge faithfully and impartially the duties prescribed by this chapter. The county clerk shall transmit the oath to the secretary of state, who shall file the same.
Sec. 5. NRS 639.070 is hereby amended to read as follows:
639.070 The board shall have power:
1. To make such bylaws and regulations, [including a code of ethics,] not inconsistent with the laws of this state, as may be necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.
2. To regulate the practice of pharmacy.
κ1963 Statutes of Nevada, Page 475 (CHAPTER 260, SB 26)κ
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. 6. NRS 639.120 is hereby amended to read as follows:
639.120 An applicant to become a registered pharmacist in this state must:
1. Be a citizen of the United States of America.
2. Be of good moral character.
3. Be a graduate of a school or college of pharmacy approved by the National Association of Boards of Pharmacy [or] and by the Nevada state board of pharmacy.
4. Satisfactorily pass an examination prepared, given and graded by the Nevada state board of pharmacy.
5. Comply with such rules or regulations, or both, of the Nevada state board of pharmacy as the board may adopt, from time to time, concerning applications to become a registered pharmacist in this state.
Sec. 7. NRS 639.220 is hereby amended to read as follows:
639.220 1. Except as provided in subsection 2, a registered pharmacist, physically present therein, shall be in charge of every store, dispensary, pharmacy, laboratory or office, except a duly licensed hospital, when it is open for business for:
(a) The sale, dispensing or compounding of drugs, medicines or chemicals; or
(b) The dispensing of prescriptions of medical, dental, chiropody or veterinarian practitioners.
2. The requirement of subsection 1 shall not [interfere with the registered pharmacist being absent each day for a total period of not to exceed 2 hours for the purpose of taking meals, but the registered pharmacist shall be on call during such absence.] prohibit the board from authorizing the absence of the registered pharmacist each day for a total period of not to exceed 2 hours for the purpose of taking meals if such registered pharmacist is on call during such absence.
Sec. 8. NRS 639.110 is hereby repealed.
________
κ1963 Statutes of Nevada, Page 476κ
Assembly Bill No. 250Miss Herr, Messrs. Manning and Godbey
CHAPTER 261
AN ACT to amend chapter 244 of NRS, relating to county government, commissioners and managers, by adding a new section authorizing boards of county commissioners to enact ordinances requiring physical examinations for food handlers; limiting the cost of physical examinations by food handlers during any one 12-month period; and providing other matters properly relating thereto.
[Approved April 5, 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:
1. Subject to the limitations contained in subsection 2, any board of county commissioners may by ordinance require that any food handler, as defined in NRS 446.030, submit to physical examination as a prerequisite to engaging in or continuing to engage in such occupation.
2. Any ordinance enacted pursuant to the provisions of subsection 1 shall provide that no food handler shall be required to pay in excess of $2 for any or all required physical examinations in any one 12-month period.
________
Assembly Bill No. 344Committee on Ways and Means
CHAPTER 262
AN ACT to amend chapter 353 of NRS, relating to state financial administration, by adding a new section requiring that every state agency, department and institution deposit all moneys received from the Federal Government, counties and other sources in the state treasury to work program accounts or holding accounts; providing for transfers therefrom and reversions thereof; excepting the University of Nevada and the Nevada state museum; and providing other matters properly relating thereto.
[Approved April 5, 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:
1. Every agency, department and institution of the State of Nevada shall deposit all moneys received from the Federal Government, the counties or other sources, in the state treasury as provided in NRS 353.250 unless otherwise provided by law. These deposits may be made to work program accounts directly or to holding accounts. Nothing in this subsection shall be construed to require any agency, department or institution to deposit any moneys in the state treasury which are not required by law to be so deposited.
κ1963 Statutes of Nevada, Page 477 (CHAPTER 262, AB 344)κ
department or institution to deposit any moneys in the state treasury which are not required by law to be so deposited.
2. Transfers from holding accounts must be made to support approved work programs, and shall be accomplished not later than the last working day of the month following each fiscal quarter. No provision of this chapter shall be construed to authorize or direct the transfer, expenditure or reversion of any moneys received from the Federal Government contrary to the conditions upon which the same were received or to any federal law or regulation respecting the accountability therefor.
3. On or before the last working day of the month following the 4th quarter of each fiscal year, transfers shall be made so that all federal, county or other funds that have been matched or otherwise earned for the completed fiscal period shall have been moved to the proper work program account.
4. Any balance remaining in such work program accounts shall revert to the major state fund source supporting the agency, department or institution.
5. This section shall not apply to the board of regents of the University of Nevada and the Nevada state museum.
________
Assembly Bill No. 143Committee on State, County and City Affairs
CHAPTER 263
AN ACT to amend NRS section 281.230, relating to unlawful commissions and compensation of officers, deputies and employees of the State of Nevada, counties and municipalities, by increasing penalties.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.230 is hereby amended to read as follows:
281.230 1. No state, county or municipal officer of the State of Nevada nor any deputy or employee of any state, county or municipal officer of the State of Nevada shall in any manner, directly or indirectly, receive any commission, personal profit, or compensation of any kind or nature, inconsistent with loyal service to the people, resulting from any contract or other transaction in which the state, county or municipality is in any way interested or affected.
2. Any contract or transaction prohibited by this section entered into with any of the persons designated in subsection 1, with the knowledge of the party so entering into the same, shall be void.
3. Every person violating any of the provisions of this section shall [be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than $25 nor more than $500, or by imprisonment in the county jail not exceeding 6 months, and shall be removed or dismissed immediately from service.]
κ1963 Statutes of Nevada, Page 478 (CHAPTER 263, AB 143)κ
imprisonment in the county jail not exceeding 6 months, and shall be removed or dismissed immediately from service.] , upon conviction, forfeit his office or employment, 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 such fine and imprisonment.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 147Committee on Ways and Means
CHAPTER 264
AN ACT to amend NRS section 281.160, relating to traveling expenses and subsistence allowances of state officers and employees, by allowing transportation expenses within the municipality where the office of the officer or employee is located; by decreasing the travel allowance for use of private vehicles used as a matter of convenience in conducting state business; and by providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 281.160 is hereby amended to read as follows:
281.160 1. 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 are funds received from the Federal Government of the United States or any branch or agency thereof, or from private or any other sources, shall be entitled to receive his expenses in the transaction of public business outside the municipality or other area in which his principal office is located, such person shall be paid up to $15 for each 24-hour period during which he is away from such office.
2. Such person may receive expenses for a period of less than 24 hours in accordance with regulations of the state board of examiners.
3. [Such persons] Any person enumerated in subsection 1 may [also] receive an allowance for transportation [.] pursuant to public business, whether within or without the municipality or other area in which his principal office is located. 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 [.] , except that if a private conveyance is used for reasons of personal convenience in transaction of state business, the allowance for travel is 6 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.
κ1963 Statutes of Nevada, Page 479 (CHAPTER 264, AB 147)κ
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 are not approved by the director of the budget shall be considered by the state board of examiners at a regular meeting.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 254Mr. Harris
CHAPTER 265
AN ACT to amend NRS section 354.400, relating to unlawful contracts of a city, town, municipality or school district, by expanding the area in which such political entities may contract without previously budgeted funds; and by providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 354.400 is hereby amended to read as follows:
354.400 1. [It] Except as otherwise provided in this section, it shall be unlawful for any governing board or any member thereof, or any officer of any city, town, municipality or school district to authorize, allow or contract for any expenditure [, except for the purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof,] unless the money for the payment thereof has been specially set aside for such payment by the budget. The provisions of this section do not apply to:
κ1963 Statutes of Nevada, Page 480 (CHAPTER 265, AB 254)κ
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by chapter 278 of NRS.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
2. Upon the request of the attorney general or upon the complaint of any interested person, any member of any governing board or any officer violating the provisions of this section shall be removed from office in a suit to be instituted by the city attorney in the case of cities, and by the district attorney in cases of towns and school districts, wherein such officer or member of the governing board resides.
________
Assembly Bill No. 410Committee on State, County and City Affairs
CHAPTER 266
AN ACT to amend NRS section 474.200, relating to the levy, collection and use of taxes for fire protection districts, by subjecting all property, except livestock and certain farm equipment, to the tax levy of county fire protection districts; and by providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 474.200 is hereby amended to read as follows:
474.200 1. At the time of making the levy of county taxes for that year, the boards of county commissioners shall levy the tax certified upon all [the real] property, [together with the improvements thereon,] with the exception of livestock of all classes, farm machinery and farm vehicles and implements, in the district.
2. When levied, the tax shall be entered upon the assessment rolls and collected in the same manner as state and county taxes.
3. When the tax is collected it shall be placed in the treasury of the county in which the greater portion of the district is located, to the credit of the current expense fund of the district, and shall be used only for the purpose for which it was raised.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 481κ
Assembly Bill No. 416Committee on Roads, Transportation and Aviation
CHAPTER 267
AN ACT to amend NRS section 483.330, relating to examination of applicants for operators or chauffeurs licenses, by authorizing the department of motor vehicles to accept reports of ophthalmologists, oculists, or optometrists in lieu of eye tests by drivers license examiners; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 483.330 is hereby amended to read as follows:
483.330 1. The department shall examine every applicant for an operators or chauffeurs license, except as otherwise provided in this section. Such examination shall be held in the county where the applicant resides within 30 days from the date application is made. It shall include a test of the applicants eyesight, his ability to read and understand highway signs regulating, warning and directing traffic, his knowledge of the traffic laws of this state, and shall include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle and such further physical and mental examination as the department finds necessary to determine the applicants fitness to operate a motor vehicle safely upon the highways.
2. Notwithstanding the provisions of subsection 1, the department may provide by regulation for the acceptance of a report from an ophthalmologist, oculist, or optometrist in lieu of an eye test by a drivers license examiner.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 457Clark County Delegation
CHAPTER 268
AN ACT to amend NRS section 484.080, relating to speed limits in unincorporated towns and cities, by authorizing boards of county commissioners to fix the maximum speed limit at 50 miles per hour; and by providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.080 is hereby amended to read as follows:
484.080 Pursuant to the power granted in NRS 269.185, the boards of county commissioners of the various counties may, by ordinance, limit the speed of motor vehicles in any unincorporated town or city in the county as may be deemed proper, but the maximum speed of any motor vehicle within the boundaries of any unincorporated town or city in this state shall not exceed [30] 50 miles per hour under any such ordinance.
κ1963 Statutes of Nevada, Page 482 (CHAPTER 268, AB 457)κ
motor vehicle within the boundaries of any unincorporated town or city in this state shall not exceed [30] 50 miles per hour under any such ordinance.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 488Committee on State Institutions and Libraries
CHAPTER 269
AN ACT to amend NRS section 433.090, relating to the qualification and selection of the superintendent of the Nevada state hospital, by decreasing the prior administrative experience requirement; and by providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 433.090 is hereby amended to read as follows:
433.090 1. The superintendent shall:
(a) Hold a degree of doctor of medicine from a medical school accredited by the American Medical Association.
(b) Be fully licensed to practice medicine in Nevada.
(c) Have training and experience in the field of psychiatry.
(d) Have at least [5] 3 years of demonstrated successful experience in the administration of a state mental institution or of a comparable private sanitarium.
2. He shall be selected on the basis of his training, experience, capacity and interest in the care of mentally ill persons, and in the administration of mental institutions.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 499Committee on State, County and City Affairs
CHAPTER 270
AN ACT to amend an act entitled An Act to amend an act entitled An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith, approved March 28, 1949, as amended, approved April 6, 1961; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 33 of the above-entitled act, being chapter 351, Statutes of Nevada 1961, at page 712, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 483 (CHAPTER 270, AB 499)κ
Section 33. 1. At the general election to be held in the State of Nevada in November 1962, the question of whether the city of Sparks shall be governed by a council-manager form of government, and the question whether city councilmen shall be elected at large at city general elections, shall be submitted separately to the registered voters of such city. The city council shall canvass the returns and declare the results of the election.
2. If a majority of such voters voting at such election approve both such questions, all sections of this act except sections 18.1 and 18.2 shall become effective immediately upon completion of the canvass and declaration of the results, and sections 18.1 and 18.2 shall not become effective. On such date the term of office of the incumbent mayor of the City of Sparks shall expire and a mayor shall be selected as provided in section 1 of this act.
3. If a majority of such voters voting at such election approve the council-manager form of government and disapprove election of city councilmen at large at city general elections, all sections of this act except sections 18 and 18.2 shall become effective immediately upon completion of the canvass and declaration of the results, and sections 18 and 18.2 shall not become effective. On such date the term of office of the incumbent mayor of the City of Sparks shall expire and a mayor shall be selected as provided in section 1 of this act.
4. If a majority of such voters voting at such election approve election of city councilmen at large at city general elections and disapprove the council-manager form of government, [all sections of this act except sections 18 and 18.1 shall become effective immediately upon completion of the canvass and declaration of the results, and sections 18 and 18.1 shall not become effective.] section 18.2 shall become effective immediately upon the completion of the canvass and declaration of the results, and all other sections of this act shall not become effective.
5. If a majority of such voters voting at such election disapprove both such questions, this act shall not become effective.
Sec. 2. The legislature finds and declares that at the general election held in the State of Nevada in November 1962, a majority of the voters of the City of Sparks, Nevada, voting at such election on the questions submitted pursuant to the provisions of section 33 of chapter 351, Statutes of Nevada 1961, approved the election of city councilmen at large at city general elections and disapproved the council-manager form of government, and as a result thereof only section 18.2 of chapter 351, Statutes of Nevada 1961, became effective immediately upon the completion of the canvass and declaration of the results, and that all other sections of chapter 351, Statutes of Nevada 1961, did not become effective.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 484κ
Assembly Bill No. 225Mr. Pozzi
CHAPTER 271
AN ACT to amend chapter 284 of NRS, relating to the state department of personnel, by adding a new section providing that the provisions of such chapter do not apply to agencies and officers of the legislative and judicial departments of the state government; to amend chapter 333 of NRS, relating to the State Purchasing Act, by adding a new section allowing agencies and officers of the legislative and judicial departments to use the facilities of the state department of purchasing on a voluntary basis; to amend chapter 353 of NRS, relating to the State Budget Act, by adding a new section providing that the provisions of such chapter do not apply to agencies and officers of the legislative and judicial departments of the state government, and providing for the submission of budgets of such agencies and officers to the legislature; to amend NRS sections 218.690 218.700, 218.760, 284.010 to 284.020, inclusive, 284.105, 284.125, 284.130, 284.139, 284.140, 284.147, 284.150, 333.020, 333.440, 333.480, 353.185, 353.195 to 353.230, inclusive, and 353.245, relating to the salary of the legislative counsel, appointment of employees of the legislative counsel, the salary of the legislative auditor, legislative declaration of the purposes of the chapter governing the state department of personnel, definitions of terms used in such chapter, duties of state officers and employees, duties of the director of the state department of personnel, composition of the unclassified service and the classified service, investigations, assistance of state and local officers, definitions of terms used in the State Purchasing Act, department of purchasing agencies, purchase of federal surplus material by the director of the state department of purchasing, general powers and duties of the director of the budget, examination of accounts and investigations of work duplication of state departments by the director of the budget, the state budget, submission to the director of the budget of estimates of expenditure requirements of state departments, submission to the governor of work programs of state departments, revision of work programs, reserve funds, reviews of estimates, and submission of budgets of state departments making requests for federal funds, by limiting the applicability of the State Purchasing Act, the State Budget Act, and the provisions relating to the state department of personnel to the executive department of the state government; to repeal NRS sections 218.750 and 218.765, relating to classification of the position of legislative auditor, the creation and salary of the office of deputy legislative auditor; and providing other matters properly relating thereto.
[Approved April 5, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.690 is hereby amended to read as follows:
218.690 1. The legislative commission shall appoint a person of skill and training in the art of government and government finance as legislative counsel, and he shall be responsible to the commission. [The legislative counsel shall be appointed on the basis of merit under the provisions of the state merit and personnel system and shall be in the classified service.]
2. The legislative counsel shall receive an annual salary which shall be fixed [in accordance with the pay plan adopted by the state merit and personnel system.] by the legislative commission, and when so fixed shall be deemed to be fixed by law.
3. The legislative counsel shall receive the per diem expense allowance and travel expenses as provided by law.
κ1963 Statutes of Nevada, Page 485 (CHAPTER 271, AB 225)κ
Sec. 2. NRS 218.700 is hereby amended to read as follows:
218.700 1. The legislative counsel, as executive head of the legislative counsel bureau, shall direct and supervise all its administrative and technical activities.
2. The legislative counsel shall [appoint] , within the limits of legislative appropriations, appoint and fix the salaries of such professional, technical, clerical and operational staff as the execution of his duties and the operation of the legislative counsel bureau may require, [the appointments to be made in accordance with the provisions of the state merit and personnel system.] and may contract for the services of independent contractors.
3. All personnel of the legislative counsel bureau shall be exempt from the provisions of chapter 284 of NRS.
Sec. 3. NRS 218.760 is hereby amended to read as follows:
218.760 1. The legislative auditor shall receive an annual salary which shall be fixed [in accordance with the pay plan adopted by the state merit and personnel system.] by the legislative commission, and when so fixed shall be deemed to be fixed by law.
2. The legislative auditor shall receive the per diem expense allowance and travel expenses as provided by law.
3. The legislative counsel shall provide necessary office space, clerical help and assistance, supplies and equipment.
Sec. 4. (There is no section of this number.)
Sec. 5. Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:
The provisions of this chapter do not apply to agencies, bureaus, commissions, officers or personnel in the legislative department or the judicial department of the state government. Terms and conditions of employment of such personnel, including salaries and leaves of absence, shall be fixed by the appointing or employing authority within the limits of legislative appropriations.
Sec. 6. NRS 284.010 is hereby amended to read as follows:
284.010 1. The legislature declares that the purpose of this chapter is:
(a) To provide all citizens a fair and equal opportunity for public service;
(b) To establish conditions of service which will attract officers and employees of character and ability;
(c) To establish uniform job and salary classifications; and
(d) To increase the efficiency and economy of the [governmental departments and] agencies in the executive department of the state government by the improvement of methods of personnel administration.
2. The legislature declares that, in its considered judgment, the proper administration of the executive department of our state government requires the enactment of this chapter.
Sec. 7. NRS 284.015 is hereby amended to read as follows:
284.015 As used in this chapter:
1. Commission means the advisory personnel commission.
2. Department means the state department of personnel.
κ1963 Statutes of Nevada, Page 486 (CHAPTER 271, AB 225)κ
3. Director means the director of the state department of personnel.
4. Public service means positions providing service for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law, and supported in whole or in part by any public funds, whether such public funds are funds received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
Sec. 8. NRS 284.020 is hereby amended to read as follows:
284.020 1. All officers and employees [of this state] in the executive department of the state government shall:
(a) Conform to, comply with and aid in all proper ways in carrying into effect the provisions of this chapter and the rules and regulations prescribed hereunder.
(b) Furnish any records or information which the director or the commission may request for any purpose of this chapter.
2. This chapter shall not be construed to limit the power and authority of elective officers and heads of departments to conduct and manage the affairs of their departments as they see fit.
Sec. 9. NRS 284.105 is hereby amended to read as follows:
284.105 1. As executive head of the department, the director shall direct and supervise all administrative and technical activities of the department. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. In addition to the duties imposed upon him elsewhere in this chapter, the director shall:
(a) Apply and carry out this chapter and the rules and regulations adopted hereunder.
(b) Attend all meetings of the commission.
(c) Report to the governor and the commission upon all matters concerning the administration of his office, and he shall request the advice and counsel of the commission on matters concerning the policy thereof; but the director shall be responsible for the conduct of the department and its administrative functions unless otherwise provided by law.
(d) Establish and maintain a roster of all employees in the public service. The roster shall set forth, as to each employee:
(1) The class title of the position held.
(2) The salary or pay.
(3) Any change in class title, pay or status.
(4) Other pertinent data.
(e) In cooperation with appointing authorities and others, foster and develop programs for the improvement of employee effectiveness and morale, including training, grievances and hearings thereon.
(f) Encourage and exercise leadership in the development of effective personnel administration within the several departments in the [state] public service, and he shall make available the facilities of the department personnel to this end.
κ1963 Statutes of Nevada, Page 487 (CHAPTER 271, AB 225)κ
(g) Make to the commission and to the governor a biennial report regarding the work of the department and such special reports as he may consider desirable.
(h) Maintain a continuous program of recruiting for the public service.
(i) Perform any other lawful acts which he may consider necessary or desirable to carry out the purposes and provisions of this chapter.
Sec. 10. NRS 284.125 is hereby amended to read as follows:
284.125 1. When requested by the governor, the legislature, or their duly authorized representatives, the director of personnel shall have authority:
(a) To investigate duplication of personnel work of departments, institutions and agencies in the executive department of the state government.
(b) To study the personnel organization and administration of such departments, institutions and agencies.
(c) To formulate plans for better and more effective personnel management.
2. He shall prepare and report any personnel data or statistics which the governor or the legislature may require.
3. The director is authorized and directed to cooperate with the heads of departments and agencies in making similar personnel studies in their respective departments and agencies.
Sec. 11. NRS 284.130 is hereby amended to read as follows:
284.130 The director may request [state] officers and employees in the executive department of the state government or local officers or employees to aid in carrying out the provisions of this chapter, and insofar as it may be consistent with their other duties, such officers and employees shall give such aid upon the written request of the director.
Sec. 12. NRS 284.139 is hereby amended to read as follows:
284.139 As used in NRS 284.140, agency means every board and commission in the executive department of the state government the members of which, or some of such members, are required by law to be appointed.
Sec. 13. NRS 284.140 is hereby amended to read as follows:
284.140 The unclassified service of the State of Nevada shall be comprised of positions held by state officers or employees in the executive department of the state government as follows:
1. Persons chosen by election or appointment to fill an elective office.
2. Members of boards and commissions, and heads of departments, agencies and institutions required by law to be appointed.
3. At the discretion of the elective officer or head of each department, agency or institution, one deputy and one chief assistant in such department, agency or institution.
4. All employees in the office of the governor and all persons required by law to be appointed by the governor or heads of departments or agencies appointed by the governor or by boards.
5. [Officers and employees of the Nevada legislature.
κ1963 Statutes of Nevada, Page 488 (CHAPTER 271, AB 225)κ
6.] Officers and members of the teaching staff and the agricultural extension department and experiment station staffs of the University of Nevada, or any other state institution of learning, and student employees of such institutions; but custodial, clerical or maintenance employees of such institutions shall be in the classified service. The board of regents shall assist the director in carrying out the provisions of this chapter applicable to the University of Nevada.
[7.] 6. Officers and members of the Nevada National Guard.
[8.] 7. Persons engaged in public work for the state but employed by contractors when the performance of such contract is authorized by the legislature or other competent authority.
[9. Persons temporarily employed or designated by the legislature or by a legislative committee to make or conduct a special inquiry, investigation or examination.
10.] 8. Patient and inmate help in state charitable, penal, mental and correctional institutions.
[11.] 9. Part-time professional personnel who are paid for any form of medical, nursing or other professional service, and who are not engaged in the performance of administrative duties.
Sec. 14. NRS 284.147 is hereby amended to read as follows:
284.147 Unless otherwise provided by law, elective officers and the heads of the several state departments, agencies and institutions in the executive department of the state government are authorized to employ deputies and employees necessary to fill the unclassified positions authorized by law for their departments, and to fix the salaries of such deputies and employees within the limits of appropriations made by law.
Sec. 15. NRS 284.150 is hereby amended to read as follows:
284.150 1. The classified service of the State of Nevada shall be comprised of all positions in the public service now existing or hereafter created which are not included in the unclassified service, and which provide services for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law and supported in whole or in part by any public funds, whether the public funds are funds received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
2. Appointments in the classified service shall be made according to merit and fitness from eligible lists prepared upon the basis of examination, which shall be open and competitive, except as otherwise provided in this chapter.
3. No person shall be appointed, transferred, promoted, demoted or discharged as an officer, clerk, employee or laborer in the classified service in any manner or by any means other than those prescribed in this chapter and the rules and regulations adopted in accordance therewith.
4. No person shall be discriminated against on account of his religious opinions or affiliations or race.
Sec. 16. Chapter 333 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1963 Statutes of Nevada, Page 489 (CHAPTER 271, AB 225)κ
1. Any agency, bureau, commission or officer of the legislative department or the judicial department of the state government may obtain supplies, materials and equipment on a voluntary basis through the facilities of the state department of purchasing.
2. From time to time the director shall issue bulletins to all of such agencies, bureaus, commissions and officers indicating the supplies, materials and equipment available and the prices thereof.
Sec. 17. 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 in the executive department of the state government 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 funds 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. 18. NRS 333.440 is hereby amended to read as follows:
333.440 1. On the recommendation of the director, the governor may prescribe for the providing of materials, supplies and equipment by a central purchasing agency in any [department or] using agency:
(a) In which the volume of transactions is sufficient to justify such action; or
(b) In which the needs are highly specialized and peculiar to that department or agency with respect to scientific apparatus, materials of instruction, textbooks and other articles and equipment.
2. Such department purchasing agencies shall operate under procedures and standards prescribed by the director or his designated agent and subject to his supervision and control.
Sec. 19. 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 in the executive department of the state government, volunteer fire departments 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, volunteer fire departments and other agencies or political subdivisions that may be available from the General Services Administration or any other governmental agency dealing in war surplus material or donable war surplus material.
2. The provisions of subsection 1 shall not apply to the school lunch program as administered by the state board of education.
κ1963 Statutes of Nevada, Page 490 (CHAPTER 271, AB 225)κ
Sec. 20. Chapter 353 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Except as provided in subsection 3 of NRS 353.210, the provisions of NRS 353.150 to 353.245, inclusive, do not apply to agencies, bureaus, commissions and officers of the legislative and the judicial departments of the state government. They shall submit their budgets to the legislature in such form as shall be prescribed by the legislative commission.
Sec. 21. NRS 353.185 is hereby amended to read as follows:
353.185 The powers and duties of the director of the budget shall be:
1. To appraise the quantity and quality of services rendered by each [department and] agency [,] in the executive department of the state government, and the needs for such services and for any new services.
2. To develop plans for improvements and economies in organization and operation of [departments,] the executive department, and to install such plans as are approved by the respective heads of [departments,] the various agencies of such department, or as are directed to be installed by the governor or the legislature.
3. To cooperate with the state planning board in developing comprehensive, long-range plans for capital improvements and the means for financing them.
4. To devise and prescribe the forms of operation reports to be required periodically from the several [departments and] agencies [,] in the executive department, and to require the several [departments and] agencies to make such reports.
5. To prepare the executive budget report for the governors approval and submission to the legislature.
6. To prepare a [state] budget for the executive department of the state government for the next 2 fiscal years, which budget shall:
(a) Present a complete financial plan for the next 2 fiscal years;
(b) Set forth all proposed expenditures for the administration, operation and maintenance of the departments, institutions and agencies of the executive department of the state government, including those operating on funds designated for specific purposes by the constitution or otherwise;
(c) Set forth all interest and debt redemption charges during the next 2 fiscal years;
(d) Set forth all expenditures for capital projects to be undertaken and executed during the next 2 fiscal years; and
(e) Set forth the anticipated revenues of the state government, and any other additional means of financing the expenditures proposed for the next 2 fiscal years.
7. To examine and approve work programs and quarterly allotments to the several [departments,] agencies in the executive department, and changes therein.
8. To examine and approve all statements and reports on the financial condition and estimated future financial condition and the operations of the agencies in the executive department of the state government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication.
κ1963 Statutes of Nevada, Page 491 (CHAPTER 271, AB 225)κ
government and the several budget units, before any such reports are released to the governor, to the legislature, or for publication.
9. To receive and deal with all requests for information as to financial conditions and operations of the state.
10. To prepare such statements of unit costs and other cost statistics as may be required from time to time, or requested by the governor or the legislature.
11. To do and perform such other and further duties relative to the development and submission of an adequate budget for the executive department of the state government of the State of Nevada as the governor may require.
Sec. 22. NRS 353.195 is hereby amended to read as follows:
353.195 1. The director is authorized:
(a) To examine all public accounts [.] of agencies in the executive department of the state government.
(b) To administer an oath to and examine under oath, when he deems it necessary, any public official in the executive department of the state government in relation to or concerning his books and accounts.
2. Each such officer shall allow the director full access to and inspection of his books or of the accounts therein contained, or any records or data pertaining to the conduct of his office, and shall install and maintain the system of accounting as provided for in NRS 353.150 to 353.245, inclusive.
Sec. 23. NRS 353.200 is hereby amended to read as follows:
353.200 The director of the budget shall have authority:
1. To investigate duplication of work of departments, institutions and agencies in the executive department of the state government.
2. To investigate and study the organization and administration of [state] departments, institutions and agencies [.] in the executive department of the state government.
3. To formulate plans for better and more effective management.
4. To prepare and report to the governor or the legislature, when requested, any information, financial data or statistics which he or it may require, such as monthly or quarterly estimates of the states income and cost figures and information on the current operation of [departments, institutions or agencies.] the executive department of the state government.
Sec. 24. NRS 353.205 is hereby amended to read as follows:
353.205 The state budget for each fiscal year shall be set up in three parts, namely:
1. Part 1 shall consist of a budget message by the governor which shall outline the financial policy of the executive department of the state government for the next 2 fiscal years, describing in connection therewith the important features of the financial plan. It shall also embrace a general budget summary setting forth the aggregate figures of the budget in such manner as to show the balanced relations between the total proposed expenditures and the total anticipated revenues, together with the other means of financing the budget for the next 2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress.
κ1963 Statutes of Nevada, Page 492 (CHAPTER 271, AB 225)κ
2 fiscal years, contrasted with the corresponding figures for the last completed fiscal year and fiscal year in progress. The general budget summary shall be supported by explanatory schedules or statements, classifying the expenditures contained therein by organization units, objects and funds, and the income by organization units, sources and funds.
2. Part 2 shall embrace the detailed budget estimates both of expenditures and revenues as provided in NRS 353.150 to 353.245, inclusive. It shall also include statements of the bonded indebtedness of the state government, showing the debt redemption requirements, the debt authorized and unissued, and the condition of the sinking funds. In addition thereto, it shall contain any statements relative to the financial plan which the governor may deem desirable, or which may be required by the legislature.
3. Part 3 shall include the general appropriation bill authorizing, by departments, institutions and agencies, and by funds, all expenditures of the executive department of the state government for the next 2 fiscal years, and may include complete drafts of such other bills as may be required to provide the income necessary to finance the budget and to give legal sanction to the financial plan if and when adopted by the legislature.
Sec. 25. NRS 353.210 is hereby amended to read as follows:
353.210 1. On or before September 1 of each even-numbered year, all departments, institutions and other agencies of the executive department of the state government, and all agencies of the executive department of the state government receiving state funds, fees or other moneys under the authority of the state, including those operating on funds designated for specific purposes by the constitution or otherwise, shall prepare, on blanks furnished them by the director of the budget, and submit to the director estimates of their expenditure requirements, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.
2. The expenditure estimates shall be classified to set forth the data of funds, organization units, character and objects of expenditures. The organization units may be subclassified by functions and activities, or in any other manner at the discretion of the director. If any department, institution or other agency of the executive department of the state government, whether its funds be derived from state funds or from other moneys collected under the authority of the state, shall fail or neglect to submit estimates of its expenditure requirements as herein provided, the director shall have power and authority, from any data at hand in his office or which, in his discretion, he may examine or obtain elsewhere, to make and enter an arbitrary budget for such department, institution or agency in accordance with such data as he may have at hand or obtain.
3. Agencies, bureaus, commissions and officers of the legislative department and the judicial department of the state government shall, at the request of the director, submit to him for his information in preparing the executive budget the budgets which they propose to submit to the legislature.
κ1963 Statutes of Nevada, Page 493 (CHAPTER 271, AB 225)κ
at the request of the director, submit to him for his information in preparing the executive budget the budgets which they propose to submit to the legislature.
4. On or before October 1 of each even-numbered year, the director shall deliver copies of the expenditure estimates to the legislative auditor, together with such other information as required by subsection 1.
Sec. 26. NRS 353.215 is hereby amended to read as follows:
353.215 1. Not later than June 1 of each year the governor shall require the head of each department, institution and agency of the executive department of the state government to submit to him through the director a work program for the ensuing fiscal year. Such program shall:
(a) Include all appropriations or other funds from any source whatever made available to the department, institution or agency for its operation and maintenance and for the acquisition of property.
(b) Show the requested allotments of appropriations or other funds by quarters for the entire fiscal year.
2. The governor, with the assistance of the director, shall review the requested allotments with respect to the work program of each department, institution or agency, and the governor shall, if he deems it necessary, revise, alter or change such allotments before approving the same. The aggregate of such allotments shall not exceed the total appropriations or other funds from any source whatever made available to the department, institution or agency for the fiscal year in question.
3. The director shall transmit a copy of the allotments as approved by the governor to the head of the department, institution or agency concerned, to the state treasurer, and to the state controller.
4. All expenditures to be made from the appropriations or other funds from any source whatever shall be made on the basis of such allotments and not otherwise, and shall be broken down into such classifications as the director may require.
Sec. 27. NRS 353.220 is hereby amended to read as follows:
353.220 1. The head of any department, institution or agency of the executive department of the state government, whenever he shall deem it necessary by reason of changed conditions, may revise the work program of his department, institution or agency at the beginning of any quarter during the fiscal year, and submit such revised program to the governor through the director with a request for revision of the allotments of the remaining quarters of that fiscal year.
2. Every such request for revision shall be submitted to the director at least 15 days prior to the commencement of the quarter when such revision, if approved, is to become effective. Within 10 days after submission to him the director of the budget shall transmit the request for revision with his recommendations in writing to the governor. Within 5 days thereafter the governor shall approve or disapprove such request in writing.
κ1963 Statutes of Nevada, Page 494 (CHAPTER 271, AB 225)κ
3. The governor shall promptly transmit a copy of such approval or disapproval to the director, the state controller and to the head of the department, institution or agency making the request.
Sec. 28. NRS 353.225 is hereby amended to read as follows:
353.225 1. In order to provide some degree of flexibility to meet emergencies arising during each fiscal year in the expenditures for operation and maintenance of the various departments, institutions and agencies of the executive department of the state government, the director, with the approval in writing of the governor, may require the head of each such department, institution or agency, in making the original allotments, to set aside a reserve in such amount as the director may determine, out of the total amount appropriated or out of other funds available from any source whatever to the department, institution or agency.
2. At any time during the fiscal year this reserve or any portion of it may be returned to the appropriation or other fund to which it belongs and may be added to any one or more of the allotments, provided the governor shall deem such action necessary and shall so certify in writing, delivering a copy of the certificate to the director, the state treasurer and the state controller.
3. Any unexpended and unencumbered balances of allotments at the end of each quarter shall be credited to the reserve set up for the fiscal year.
Sec. 29. NRS 353.230 is hereby amended to read as follows:
353.230 1. The director shall review the estimates, altering, revising, increasing or decreasing the items of the estimates as he may deem necessary in view of the needs of the various departments, institutions and agencies in the executive department of the state government and the total anticipated income of the state government and of the various departments, institutions and agencies thereof during the next fiscal year.
2. The director shall then prepare a budget, in accordance with NRS 353.150 to 353.245, inclusive, and shall deliver the same to the governor prior to the fifth day of the regular legislative session. The governor shall transmit such budget to the legislature not later than the 10th day of the regular legislative session.
3. During the consideration of the general appropriation bill, the special appropriation bills and the bills authorizing budgeted expenditures by the departments, institutions and agencies operating on funds designated for specific purposes by the constitution or otherwise, submitted by the governor with the budget, the governor or his representative shall have the right to appear before and be heard by the appropriation committees of the legislature in connection with the appropriation bill or bills, and to render any testimony, explanation or assistance required of him.
Sec. 30. NRS 353.245 is hereby amended to read as follows:
353.245 Every department, institution and agency of the executive department of the state government, when making requests for budgets to be submitted to the Federal Government for funds, equipment, material or services, shall have such request or budget filed in the office of the director of the budget before submitting it to the proper federal authority.
κ1963 Statutes of Nevada, Page 495 (CHAPTER 271, AB 225)κ
office of the director of the budget before submitting it to the proper federal authority. When such federal authority has approved the request or budget, in whole or in part, the department, institution or agency of the state government shall resubmit it to the director of the budget for recording before any allotment or encumbrance of the federal funds can be made.
Sec. 31. NRS 218.750 and 218.765 are hereby repealed.
Sec. 32. Notwithstanding any other provision of this act, any officer or employee in the legislative or judicial department of the state government who has accrued annual or sick and disability leave on the effective date of this act shall be entitled to retain and use such leave.
Sec. 33. This act shall become effective upon passage and approval.
________
Assembly Bill No. 312Messrs. Von Tobel, Gibson and Bunker
CHAPTER 272
AN ACT to amend NRS section 205.130, relating to issuance of checks, drafts or orders without sufficient funds or with intent to defraud, by providing that the issuance of such an instrument or instruments in an amount of $100 or more is a felony under certain circumstances; by providing penalties; and by providing other matters properly relating thereto.
[Approved April 8, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 205.130 is hereby amended to read as follows:
205.130 1. Every person who for himself, or as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, shall make, pass, utter or publish any bill, note, check or other instrument in writing for the payment of money or for the payment of any labor claim or claims, or delivery of other valuable property, directed to or drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when in fact such person shall have no money, property or credit, or shall have insufficient money, property or credit with the drawee of such instrument to meet and make payment of the same in full upon its presentation, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by imprisonment in the county jail for not more than 6 months, or by a fine not to exceed $500, or both such fine and imprisonment [; but any] , unless such instrument, or a series of such instruments passed in the state during a period of 90 days, is in the amount of $100 or more, in which case such person shall be guilty of a felony and shall, upon conviction thereof be punished by imprisonment in the state prison for not less than 1 year or more than 5 years. Any person having been previously convicted three times of [this offense,] a misdemeanor under the provisions of this section, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years.
κ1963 Statutes of Nevada, Page 496 (CHAPTER 272, AB 312)κ
section, or of any offense of a similar nature, in this state or any other state, or in a federal jurisdiction, who shall violate this section shall be guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not less than 1 year nor more than 5 years.
2. The word credit as used herein shall be construed to be an arrangement or understanding with the person, firm, corporation, bank or depositary for the payment of such check, order or draft.
3. As against the maker or drawer thereof, the making, drawing, uttering or delivering of any check for the purpose of obtaining money, merchandise, property, credit, thing of value or payment of obligation upon any bank, depositary, person, firm or corporation, payment of which is refused by the drawee when presented in the usual course of business because of insufficient funds, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in or credit with such bank or other depositary, if such maker or drawer shall not have paid the holder thereof the amount due thereon, together with the protest fees, within 10 days after notice has been sent to the maker or drawer that such check, draft or order has not been paid by the drawee. Such notice shall be sent to the maker or drawer by registered mail, return receipt requested, at the address on the check, draft or order. Return of the notice because of nondelivery to the maker or drawer raises a rebuttable presumption of intent to defraud. Refusal of payment by the drawee because of a nonexistent account is prima facie evidence of intent to defraud.
4. If, pursuant to the provisions of this section, a complainant causes a criminal action to be commenced against a person charging such person with a violation of this section, and thereafter the complainant refuses to testify in such action, it shall be presumed from such fact or facts that the complainant has engaged in an act of malicious prosecution or abuse of process.
5. A notice in boldface type clearly legible and in substantially the following form shall be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:
The issuance of a check or checks without funds or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $500, or by both such fine and imprisonment, and the issuance of such a check or checks in an amount of $100 or more or by a person who previously has been convicted three times of this or a similar offense is punishable by imprisonment in the state prison for not less than 1 year nor more than 5 years.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of state printing. The superintendent of state printing shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.
________
κ1963 Statutes of Nevada, Page 497κ
Assembly Bill No. 230Miss Dungan, Messrs. Young, Posin, Gibson, Bunker and Hafen
CHAPTER 273
AN ACT to amend chapter 62 of NRS, relating to the juvenile court, by adding new sections giving such court jurisdiction over adults incidental to its jurisdiction over children; regulating the issuance and service of orders; and providing penalties; to amend NRS sections 62.200 and 62.240, relating to orders which may be made by the juvenile court, by empowering the court to order persons to refrain from conduct or neglect bringing a child within the provisions of the Juvenile Court Act; by making a technical correction; and providing other matters properly relating thereto.
[Approved April 8, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 62 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. The court shall have such jurisdiction over adults as is incidental to its jurisdiction over children, but any adult subject to the jurisdiction of the court has available to him all of the rights, remedies and writs guaranteed by the constitution and the laws of this state to a defendant who is charged with having committed a criminal offense in this state.
Sec. 3. An order directed to a parent or person, other than a child, shall not become effective:
1. Unless an opportunity for a hearing has been given to such parent or other person pursuant to summons or other notice, at which hearing he may be represented by counsel, witnesses may be produced and examined in his behalf, and he may have the right to cross-examine any witness giving testimony affecting him.
2. Until a copy of such summons or other notice has been served on such person personally or by registered mail to his last-known address, unless service has been waived in writing.
Sec. 4. Any person, except a child, who willfully violates, neglects or refuses to obey the terms of any order of disposition made by the court under the provisions of this chapter is guilty of a misdemeanor and may also be punished for contempt as provided in chapter 22 of NRS.
Sec. 5. NRS 62.200 is hereby amended to read as follows:
62.200 1. If the court shall find that the child is within the purview of this chapter, it shall so decree and may, by order duly entered, proceed as follows:
(a) Place the child under supervision in his own home or in the custody of a suitable person elsewhere, upon such conditions as the court shall determine.
(b) Commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children, or place him in a family home. In committing a child to a private institution or agency the court shall select one that is approved by the state welfare department, or, if such institution or agency is in another state, by the analogous department of that state.
κ1963 Statutes of Nevada, Page 498 (CHAPTER 273, AB 230)κ
state welfare department, or, if such institution or agency is in another state, by the analogous department of that state.
(c) Order such medical, psychiatric, psychologic or other care and treatment as the court may deem to be for the best interests of the child, except as herein otherwise provided.
(d) Order the parent, guardian, custodian or any other person to refrain from continuing the conduct or neglect which, in the opinion of the court, has caused or tended to cause the child to come within or remain under the provisions of this chapter.
2. At any time, either on its own volition or for good cause shown, the court may terminate its jurisdiction concerning the child.
3. No adjudication by the court upon the status of any child shall operate to impose any of the civil disabilities ordinarily resulting from conviction, nor shall any child be deemed a criminal by reason of such adjudication, nor shall such adjudication be deemed a conviction, nor shall any child be charged with crime or convicted in any court, except as provided in NRS 62.080. This disposition of a child or any evidence given in the court shall not operate to disqualify the child in any future civil service application or appointment; nor shall the name or race of any such child in connection with any proceedings under this chapter be published in any newspaper without a written order of the court.
4. Whenever the court shall commit a child to any institution or agency it shall transmit at the time the child is received at the institution or prior thereto a summary of its information concerning the child. The institution or agency shall give to the court such information concerning such child as the court may at any time require.
Sec. 6. NRS 62.240 is hereby amended to read as follows:
62.240 1. The court may cause any [person] child adjudged to be within its jurisdiction to be examined by a physician, psychiatrist, psychologist or other qualified person.
2. Whenever a child concerning whom a petition has been filed appears to be in need of nursing, medical, surgical or other care, the court may order the parent or other person responsible for the care and support of the child to provide such care. If the parent or other person fails to provide such care, the court may, after due notice, enter an order therefor, and the expense thereof, when approved by the court, shall be a charge upon the county; but the court may adjudge that the person having the duty under the law to support the child pay part or all of the expenses of such care in the manner provided in NRS 62.230.
________
κ1963 Statutes of Nevada, Page 499κ
Assembly Bill No. 389Mr. Harris
CHAPTER 274
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved April 8, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10.235 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, at page 425, is hereby amended to read as follows:
Section 10.235. The city council of the city of Reno shall have the power, in order to decrease and prevent fire, the spread of fire, and fire waste, loss of life from fire and loss of life or damage to property, to prevent unsafe or improper construction or design or use of buildings, to provide for the inspection of the inside and outside of all buildings and premises and structures of any sort or nature; to create within the fire department of the city of Reno a bureau of fire prevention and to place the same under the direction of a [captain] fire prevention marshal of the fire department; to provide and require that the owner or occupant of any building shall remove any combustible or explosive or inflammable matter upon order of the captain of the bureau of fire prevention, and to provide for penalties for disobedience of such orders; to provide that the said bureau may close unsafe buildings or premises pending such removal and, if the owner or occupant fails to obey such order, the council may impose penalties for such failure and may have the necessary work done at the expense of the city and said expense shall be a lien on the parcel of real property on which said building is situate and if the cost thereof not be paid upon the completion of the work shall be made the subject of a special assessment roll in accordance with the provisions of this charter relating to special assessments and shall be collected in the same manner as taxes in accordance with the provisions of section 10c second of this charter; to require the installation and maintenance in such buildings as shall be designated of portable fire apparatus, such as axes, pikes, poles, hose reels, ladders, chemical extinguishers, a portable pump, and other similar appliances; to require the installation and maintenance in such buildings as shall be designated of standpipes, sprinkling systems, hose lines and other similar appliances; to provide for the keeping of all halls, doors, stairways, passageways, aisles, fire escapes, and exits in such repair, and so free from obstruction, as to provide in case of fire, full, free, safe and adequate means of escape for those people who use, frequent, or are employees in such buildings or other structures and to provide that such bureau may prohibit the use of such buildings so long as such requirements are not fulfilled.
To provide regulations for the manufacture, transportation, storage, sale or use of all fire works, gun powder, dynamite and other explosives, gas under pressure, all inflammable substances, inflammable liquids and all other inflammables and all other products, drugs, chemicals, and generally, all substances which may be dangerous or likely to cause fire or injury to life or property in case of fire.
κ1963 Statutes of Nevada, Page 500 (CHAPTER 274, AB 389)κ
sale or use of all fire works, gun powder, dynamite and other explosives, gas under pressure, all inflammable substances, inflammable liquids and all other inflammables and all other products, drugs, chemicals, and generally, all substances which may be dangerous or likely to cause fire or injury to life or property in case of fire.
Any owner, agent, or occupant interested, who may feel himself aggrieved by an order of said bureau of fire prevention, which requires a substantial alteration or repair, or the removal of any substantial portion or portions of any building, may within ten (10) days after the service of the order as hereinafter provided, present his petition to the city council of the city of Reno and the said city council shall fix a time for a hearing and may suspend such order pending hearing and thereafter at the time fixed for the hearing the said city council shall hear and determine the said appeal and make such order as right and justice may require.
All orders issued by the bureau of fire prevention directed to the owner of any premises shall be served by affixing a copy of such order to a conspicuous place on the building referred to in such order and by the prepaid mailing of a copy thereof to the owner or owners whose address is known or may be ascertained by said department. If, after a reasonably diligent search, the address or addresses of the owner or owners cannot be ascertained, said order shall, in addition to posting, be served upon the agent or the tenant or a tenant, or other responsible occupant of said building. All orders directed to the occupant shall be served in the manner above specified, and, in addition thereto, by handing a copy thereof to the occupant of the premises, if there be one.
________
Assembly Bill No. 316Messrs. Swanson, Parraguirre and Miss Dungan
CHAPTER 275
AN ACT to amend NRS section 62.040, relating to the exclusive original jurisdiction of the juvenile court, by deleting a provision which excludes motor vehicle violations from the jurisdiction of such court.
[Approved April 8, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except as otherwise provided in this chapter, the court shall have exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county:
(1) Whose parent or other person legally responsible for the care and support of such child neglects or refuses, when able so to do, to provide proper or necessary support or education as required by law, or medical, surgical or other care necessary for his well-being; or who is abandoned by his parent or other custodian; or who is otherwise without proper care, custody or support.
κ1963 Statutes of Nevada, Page 501 (CHAPTER 275, AB 316)κ
(2) Whose occupation, behavior, environment or associations are injurious to his welfare.
(3) Who deserts his home or who is habitually disobedient or beyond the control of his parent or other custodian.
(4) Who, being required by law to attend school, habitually and willfully violates rules thereof or absents himself therefrom.
(5) Who violates any state law or municipal ordinance, or any other rule or regulation having the force of law.
(b) Concerning any person over the age of 18 years and under the age of 21 years charged with having violated any provision of subparagraph (5) of paragraph (a) prior to having become 18 years of age. Such a minor shall be dealt with under the provisions of this chapter relating to children.
(c) For the care or commitment to an institution of a mentally defective or mentally disordered child.
2. Nothing contained in this chapter shall deprive other courts of the right to determine the custody of children upon writs of habeas corpus, or to determine the custody or guardianship of children in divorce or domestic relations cases.
[3. Nothing contained in this chapter shall deprive justices courts of original jurisdiction to try matters involving misdemeanor actions involving violations of chapters 482 to 486, inclusive, of NRS, nor shall the provisions of this chapter deprive municipal courts of original jurisdiction to try matters involving violation of municipal ordinances concerning operation of motor vehicles. In each such case, however, upon request of the childs parent or guardian, prior to hearing of the matter in the justices court or municipal court, the matter shall be referred to the juvenile division of the district court.]
________
Assembly Bill No. 412Committee on Social Welfare (by request)
CHAPTER 276
AN ACT to amend chapter 422 of NRS, relating to the state welfare department, by adding a new section providing that the attorney general and his legal staff shall be the legal advisers for the state welfare department; providing for partial compensation from the state welfare fund for services rendered by the office of the attorney general; providing that certain other necessary expenses incurred by the office of the attorney general in rendering services to the department shall be paid from the state welfare fund; and providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The attorney general and his duly appointed assistants and deputies shall be legal advisers for the department.
κ1963 Statutes of Nevada, Page 502 (CHAPTER 276, AB 412)κ
2. In order to compensate the office of the attorney general for services rendered, the department shall, on or before the 1st day of each month, authorize the state controller to draw his warrant in favor of the state treasurer in an amount budgeted for that purpose, such sum of money to be taken from the state welfare fund. The state treasurer shall place such sum of money in the salary fund of the office of the attorney general to be used to pay partially for the services of the office of the attorney general.
3. The mileage and living expenses away from the office of the attorney general at the regular statutory state rate, together with telephone and telegraph charges incurred by the office of the attorney general on behalf of the department, shall be charged directly against the state welfare fund.
________
Assembly Bill No. 72Messrs. Swanson, Parraguirre, McNamee and Swobe
CHAPTER 277
AN ACT to amend chapter 236 of NRS, relating to holidays and days of observance, by adding a new section providing that May 1 of each year shall be designated as Law Day U.S.A.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 236 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. May 1 of each year shall be designated as Law Day U.S.A.
2. It is not the purpose of this section to declare a legal holiday, but a day to declare solemn allegiance to the principles of democracy and respect for law.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 30Committee on Judiciary
CHAPTER 278
AN ACT to amend NRS sections 432.020 to 432.040, inclusive, relating to powers of the state welfare department and maintenance and special services for children, by allowing the state welfare department to provide maintenance and special services for children referred by the Nevada girls training center; and by providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 432.020 is hereby amended to read as follows:
432.020 The department is hereby authorized and empowered:
1. To provide maintenance and special services to:
κ1963 Statutes of Nevada, Page 503 (CHAPTER 278, SB 30)κ
(a) Unmarried mothers and children awaiting adoptive placement.
(b) Handicapped children who are receiving specialized care, training or education.
(c) Children who are placed by court order in the custody of the department, and who are placed in foster homes or group care facilities, but payment for children who are placed in the Nevada state childrens home shall be made in accordance with the provisions of NRS 423.210.
(d) Children under the jurisdiction and in the custody of the Nevada youth training center or the Nevada girls training center who are referred to the department as requiring foster home care upon being paroled from such school.
2. To accept moneys from and cooperate with the United States or any of its agencies in carrying out the provisions of this chapter and of any federal acts pertaining to public child welfare and youth services, including those related to the prevention and treatment of juvenile delinquency and other matters of mutual concern, insofar as such acceptance may be legally delegated by the legislature to the department.
Sec. 2. NRS 432.030 is hereby amended to read as follows:
432.030 Nothing in this or any other law shall be construed as authorizing any employee of the department to provide maintenance and special services for any child except:
1. Upon the request of a child whom the department determines to be emancipated; or
2. Pursuant to court order or request; or
3. Upon referral of appropriate law enforcement officials for emergency care; or
4. Upon referral by the Nevada youth training center or Nevada girls training center for foster home care.
Sec. 3. NRS 432.040 is hereby amended to read as follows:
432.040 1. In the case of placement of a child under the provisions of paragraph (c) of subsection 1 of NRS 432.020, 100 percent of the nonfederal share of all expenses for special services, and 66 2/3 percent of the nonfederal share of all expenses for maintenance, shall be paid from moneys which may be provided to the department by direct legislative appropriation. Thirty-three and one-third percent of the nonfederal share of all expenses for maintenance shall be paid by the county from which the child was placed.
2. In the case of unmarried mothers, children awaiting adoptive placement, children referred by the Nevada youth training center or Nevada girls training center as requiring foster home care and handicapped children who are receiving specialized care, training or education, 100 percent of the nonfederal share of expenses for maintenance and special services shall be paid from moneys which may be provided to the department by direct legislative appropriation.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 504κ
Senate Bill No. 146Committee on Judiciary
CHAPTER 279
AN ACT to amend NRS section 598.030, relating to the right of merchants to request that persons keep merchandise in their possession in full view, by allowing merchants to detain persons for the purpose of recovering merchandise which the merchant has probable cause to believe has been wrongfully taken; requiring the posting of notices by merchants to entitle them to immunity from liability; and providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 598.030 is hereby amended to read as follows:
598.030 1. As used in this section:
(a) Merchandise means any personal property, capable of manual delivery, displayed, held or offered for sale by a merchant.
(b) Merchant means an owner or operator, and the agent, consignee, employee, lessee, or officer of an owner or operator, of any merchants premises.
(c) Premises means any establishment or part thereto wherein merchandise is displayed, held or offered for sale.
2. [Subject to the provisions of subsection 3, any] Any merchant shall have the right to request any individual on his premises to place or keep in full view any merchandise such individual may have removed, or which the merchant has reason to believe he may have removed, from its place of display or elsewhere, whether for examination, purchase or for any other purpose. [Any merchant may also request that such individual pay for such merchandise, produce a receipt for its purchase, or return it to the place from which it was removed. If such individual refuses to pay for such merchandise, produce a receipt for its purchase, or return it, the merchant may detain him in a reasonable manner and for a reasonable time for the purpose of informing a peace office of the circumstances.] No merchant shall be criminally or civilly liable on account of having made such a request. [or of having so detained such an individual.
3. No merchant shall be entitled to the immunity from liability provided for in subsection 2 unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
Any person on the premises of a merchant who refuses, at the request of the merchant or his agent, to pay for any article of merchandise in his possession, produce a receipt for its purchase, or return it, may be detained by the merchant or his agent for the purpose of notifying a peace officer. Nevada Revised Statutes, section 598.030.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of state printing. The superintendent of state printing shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.]
κ1963 Statutes of Nevada, Page 505 (CHAPTER 279, SB 146)κ
3. Any merchant who has probable cause for believing that merchandise has been wrongfully taken by an individual and that he can recover such merchandise by taking such individual into custody and detaining him may, for the purpose of attempting to effect such recovery or for the purpose of informing a peace officer of the circumstances of such detention, take the individual into custody and detain him, on the premises, in a reasonable manner and for a reasonable length of time. Such taking into custody and detention by a merchant shall not render such merchant criminally or civilly liable for false arrest, false imprisonment, slander or unlawful detention unless such taking into custody and detention are unreasonable under all the circumstances.
4. No merchant shall be entitled to the immunity from liability provided for in this section unless there is displayed in a conspicuous place on his premises a notice in boldface type clearly legible and in substantially the following form:
Any merchant or his agent who has probable cause for believing that merchandise has been wrongfully taken by a person may detain such person on the premises of the merchant for the purpose of notifying a peace office. Nevada Revised Statutes, section 598.030.
Such notice shall be prepared and copies thereof supplied on demand by the superintendent of state printing. The superintendent of state printing shall be entitled to charge a fee based on cost for each copy of such notice supplied to any person.
________
Assembly Bill No. 9Mr. Pozzi
CHAPTER 280
AN ACT to amend NRS sections 333.310 and 333.470, relating to advertising for bids for state purchasing contracts and to the availability of the facilities of the state department of purchasing to political subdivisions, by requiring that the specifications for bids for items to be purchased through such department by such subdivisions be written so that all suppliers of the market in the industry or business concerned are given an opportunity to bid; by changing the notice requirements for such bids; and by providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 333.470 is hereby amended to read as follows:
333.470 1. Counties, municipalities, irrigation districts and school districts in the State of Nevada may obtain supplies, materials and equipment on a voluntary basis through the facilities of the state department of purchasing.
2. The director shall issue bulletins from time to time to all state, county and municipal agencies, and to all school districts in the State of Nevada, indicating the supplies, materials and equipment available and the prices thereof.
κ1963 Statutes of Nevada, Page 506 (CHAPTER 280, AB 9)κ
county and municipal agencies, and to all school districts in the State of Nevada, indicating the supplies, materials and equipment available and the prices thereof.
3. The specifications for all bids for supplies, materials or equipment to be furnished any political subdivision pursuant to the provisions of subsection 1 shall be so written that all suppliers of the market in the industry or business concerned are given an opportunity to bid pursuant to notice as provided for in this chapter.
4. Prior to receiving any bid or awarding any contract or order pursuant to the provisions of this section, the state department of purchasing shall publish a call for bids in a newspaper of general circulation in the political subdivision or district proposing to obtain such supplies, materials or equipment not less than 15 days prior to the date fixed for submission of bids.
Sec. 2. NRS 333.310 is hereby amended to read as follows:
333.310 1. The advertisements shall contain general descriptions of the classes of commodities for which bids are wanted and shall state:
(a) The names and locations of the departments or institutions for which the purchases are to be made.
(b) Where and how specifications and quotation forms may be obtained.
(c) The date and time not later than which bids must be filed.
(d) The date and time when bids will be opened.
The director or his designated agent shall pass upon the copy for the advertisement.
2. Each such advertisement shall be published in one or more newspapers of general circulation in the state. The selection of the newspapers to carry such advertising shall be made in the manner provided by this chapter for other purchases, on the basis of the lowest price to be secured in relation to the paid circulation; except that whenever such advertising relates to any supplies, materials or equipment to be obtained at the request of any county, municipality, irrigation district or school district, such advertising [must] shall be published in the [county or counties in which such requesting agency is located, or, in lieu thereof, a true copy of such advertisement, certified to by the director, shall be forthwith filed with the county auditor of such county or counties.] manner provided in NRS 333.470.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 507κ
Assembly Bill No. 482Clark County Delegation
CHAPTER 281
AN ACT to amend chapter 350 of NRS, relating to borrowing and bonds of counties, municipalities and districts, by adding new sections authorizing counties, cities, towns, school and other districts to issue bonds for the purpose of refunding general obligation bonds and for the payment of expenses in connection with the refunding of such bonds; providing that an election shall not be required on the question of the issuance of such bonds; providing the form and details of such bonds; providing that payment of such bonds may be additionally secured by pledges of revenue; providing conditions of exchange and sale and the application of the net proceeds of sales; authorizing the State of Nevada and others to invest moneys in such bonds; and providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.
Sec. 2. 1. Any county, incorporated city, unincorporated town, school district or quasi-municipal district (including, without limitation, cities organized under the provisions of special legislative acts or special charters, and all districts governed by Title 25 of NRS), may issue bonds under this act for the purpose of:
(a) Refunding any general obligation bonds theretofore issued; and
(b) Paying any redemption premiums upon bonds so refunded and such legal, fiscal and other expenses incurred in connection with the authorization, issuance and sale or exchange of such refunding bonds as the governing body of the issuing authority may in its discretion deem reasonable and proper for the purpose of carrying out the provisions of this act.
2. No election on the issuance of such refunding bonds shall be required.
Sec. 3. 1. Refunding bonds issued under this act:
(a) May be in denominations of $1,000 or $5,000.
(b) May be executed with the facsimile signature of any official authorized by law to sign or to execute such bonds, but each bond shall be manually signed by at least one such official.
(c) May be printed with a facsimile of the official seal of the issuing authority, and it shall not be necessary in such case to impress such seal physically upon the bonds.
(d) Shall have such other details, shall bear such rate or rates of interest, and shall be otherwise issued and secured as provided by the governing body of the issuing authority.
2. In the discretion of the governing body of the issuing authority the payment of such refunding bonds may be additionally secured by a pledge of all or part of the revenues derived from the operation of any facility or utility previously acquired with the bonds to be refunded, including the revenues derived from any enlargement, extension or improvement thereof, theretofore or thereafter made notwithstanding the absence of a pledge of any such revenues for the payment of the bonds to be refunded or that any outstanding pledge in that connection is thereby modified.
κ1963 Statutes of Nevada, Page 508 (CHAPTER 281, AB 482)κ
payment of the bonds to be refunded or that any outstanding pledge in that connection is thereby modified.
Sec. 4. 1. Refunding bonds issued under this act may be exchanged for no less than a like principal amount of the bonds to be refunded, may be sold in such manner as may be authorized by resolution of the governing body of the issuing authority, or may be exchanged in part and sold in part. If sold, the net proceeds shall either be applied to the retirement of the bonds to be refunded, or such proceeds in whole or in part or the obligations in which such proceeds thereof are invested as permitted in this section, shall be placed in escrow to be held and applied to the payment of the bonds to be refunded, including applicable redemption premiums, if any.
2. Where refunding bonds are sold pursuant to this act, the net proceeds thereof, together with moneys derived from sources pledged to the payment of the bonds to be refunded, including sinking funds and reserve funds, may, in the discretion of the governing body of the issuing authority, be invested in obligations issued by the United States Government or one of its agencies, or obligations fully guaranteed by the United States Government as to principal and interest, but the obligations so purchased must have such maturities and bear such rates of interest payable at such times as will assure the existence of money sufficient to pay the bonds to be refunded when due or when redeemed, pursuant to call for redemption, together with interest and redemption premiums, if any.
3. The term net proceeds as used in this section means the gross proceeds of the refunding bonds after deduction therefrom of all accrued interest and the legal, fiscal and other expenses incurred in connection with the authorization, issuance and sale or exchange of the bonds and the refunding of the outstanding bonds.
4. All obligations so purchased with refunding bond proceeds shall be deposited in trust with a banking corporation or association doing business in Nevada which is a member of the Federal Deposit Insurance Corporation, to be held for the payment and redemption of bonds to be refunded as such refunded bonds become due or subject to redemption under call for redemption previously made, or upon earlier voluntary surrender thereof with the consent of the governing body of the issuing authority. The determination of the governing body issuing refunding bonds that the limitations imposed by this act upon the issuance of refunding bonds have been made shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion.
Sec. 5. No bonds may be refunded under this act unless they are either payable under their terms, or are optional for redemption under their terms, within 15 years from the date of the issuance of the refunding bonds, or unless the holder or holders of the bonds voluntarily surrender them for exchange or payment.
Sec. 6. It is specifically declared that bonds of any school district or educational district abolished by NRS 386.020 are bonds which may be refunded under the provisions of this act. Whether or not such debt of an abolished district has been assumed prior to the issuance of refunding bonds, refunding bonds shall be authorized by the board of trustees of the county school district or joint county school district in which the territory of the abolished district is located at the time of the issuance of the refunding bonds.
κ1963 Statutes of Nevada, Page 509 (CHAPTER 281, AB 482)κ
trustees of the county school district or joint county school district in which the territory of the abolished district is located at the time of the issuance of the refunding bonds. If the indebtedness of the abolished school district has not been assumed prior to the issuance of the refunding bonds, the refunding bonds shall be the obligation of the territory within the abolished district and the board of county commissioners shall levy and assess a special tax in the same manner as provided in subsection 1 of NRS 387.515, sufficient to pay in full the principal of and interest on the refunding bonds.
Sec. 7. This act, without reference to any other statutes of the state, shall constitute full authority for the authorization and issuance of refunding bonds under this act and for the doing of all other acts authorized in this act to be done or performed. No other provision of law with regard to the authorization or the issuance of bonds or refunding bonds or with regard to the doing of any other act authorized in this act to be done or which in any way impedes or restricts the carrying out of the acts authorized by this act to be done shall be applicable to any proceeding or proceedings taken under this act or any act or acts done pursuant thereto and all acts may be done, except as specifically otherwise provided in this act, without the adoption of any proceeding or the performing of any act by any governing authority other than the adoption of an appropriate resolution. No notice need be given and no publications made other than those expressly required in this act, nor shall any approval or any election not expressly required in this act be necessary to the carrying out of any of the powers vested by this act in any governing authority. It is intended that this act shall provide a separate, complete and independent method of accomplishing its objectives and not an exclusive one and that refunding bonds may be issued under this act without adherence to any requirement contained within NRS 350.010 to 350.240, inclusive, or within Titles 25 or 34 of NRS. However, the provisions of NRS 350.250 shall in all cases be fully applicable to all refunding bonds issued pursuant to the authority contained in this act.
Sec. 8. It shall be legal for the State of Nevada and any of its agencies, departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 9. If any one or more sections, paragraphs or provisions of this act or the application thereof to any person or circumstance is held to be invalid by final decision in any court of competent jurisdiction, such invalidity shall not affect the other sections, paragraphs and provisions of this act which can be given effect without the section, paragraph or provision so held to be invalid or the application of which is held to be invalid, and shall not affect the application of such section, paragraph or provision to other persons or circumstances, and to this end, the provisions of this act are declared to be severable.
Sec. 10. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 510κ
Senate Bill No. 210Committee on Judiciary
CHAPTER 282
AN ACT to amend NRS section 7.260, relating to fees and expenses of attorneys appointed by courts, by limiting the amount of fees for attorneys appointed by the courts where the defendant is charged with a crime; and providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 7.260 is hereby amended to read as follows:
7.260 1. An attorney appointed by a court to defend a person charged with any offense by indictment or information is entitled to receive from the county treasury a fee [, not to exceed $300,] to be set at the discretion of the district judge [.] , but the fee shall not be set at more than $300 unless the crime is punishable by death, in which event the fee shall not be set at more than $1,000.
2. If an attorney is called by a court into a county other than the county in which he has his office, he shall be allowed in addition to the fee provided in subsection 1:
(a) His actual living expenses not to exceed $5 per diem while away from the place in which he has his office and engaged on such case; and
(b) Actual and necessary traveling expenses as may be allowed by the court not to exceed 7 1/2 cents per mile traveled.
3. Compensation for services and expenses shall be paid by the county treasurer out of any moneys in the county treasury not otherwise appropriated, upon the certificate of the judge of the court that such attorney has performed the services required and incurred the expenses claimed.
4. An attorney cannot, in such case, be compelled to follow a case to another county or into the supreme court, and if he does so, he may recover an enlarged compensation to be graduated on a scale corresponding to the sums allowed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 445Mr. Giomi
CHAPTER 283
AN ACT to amend NRS sections 309.070, 309.090, 309.100, 312.150, 312.160, 474.130 and 474.140, relating to elections of directors of local improvement districts, power districts, and county fire protection districts, by providing that such elections shall be held in conjunction with general elections; and by providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 309.070 is hereby amended to read as follows:
309.070 1. The regular elections of local improvement districts shall be held [on the 1st Tuesday after the 1st Monday in April of the second calendar year after the completion of the organization thereof and on the same day biennially thereafter.]
κ1963 Statutes of Nevada, Page 511 (CHAPTER 283, AB 445)κ
shall be held [on the 1st Tuesday after the 1st Monday in April of the second calendar year after the completion of the organization thereof and on the same day biennially thereafter.] in conjunction with each general election, and shall be known as the biennial election of the district. The first such election shall not be held sooner than the second calendar year after the completion of the organization.
2. The directors elected at the organization election shall be selected by lot so that one, two or three directors, according to whether there are in all three, five or seven on the board, shall hold office until their successors are elected at the next regular election and qualify; and two, three or four directors, as the case may be, shall hold office until their successors are elected at the second regular election after organization and qualify; and at the regular election biennially thereafter directors shall be elected, to replace the directors whose terms expire, for terms of 4 years, or until their successors are elected and qualify. Directors so elected shall have the qualifications prescribed in this chapter for directors elected at the time of organization.
3. Nominations for the offices of directors shall be made by filing a declaration with the secretary [within 50 days before the date of election and not later than 10 days before such election.] not later than 60 days before any such election, and the secretary shall, not later than 30 days before any such election, certify such nominations to the county clerk, or clerks if the district is composed of territory in more than one county. If a nominee does not withdraw his name before the secretary certifies the nomination to the county clerk, his name shall be placed on the ballot. The secretary shall give notice of the election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidate or candidates, according to the number of directors to be elected, receiving the most votes shall be elected.
Sec. 2. NRS 309.090 is hereby amended to read as follows:
309.090 [1. Not less than 15 nor more than 20 days before any election held under this chapter subsequent to the organization of the district, the secretary shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors.
2. Prior to the time for posting the notice, the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct and shall also appoint two clerks of election for each precinct. If the board of directors fail to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held.
κ1963 Statutes of Nevada, Page 512 (CHAPTER 283, AB 445)κ
3. The secretary shall be ex officio district registrar of the district and shall at least 4 weeks before any election appoint a deputy registrar in each election precinct whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he shall have authority to demand of the elector all information and to administer all oaths required by this chapter. Such registrar and deputy registrars shall be governed in the performance of their duties by the general election laws of this state as far as they are applicable and shall be at their places of registration to receive applications for registration from 9 a. m. until 9 p. m. on each of three Wednesdays next preceding the date of election.
4. The registrars shall require registrants to take] No person shall be permitted to vote in any biennial election of the district unless the secretary certifies that such person has taken the following oath, in substance: I am, or have declared by intention to become a citizen of the United States, am over the age of 21 years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title, as defined in NRS 309.030, to land within the boundaries of the ............... improvement district, and such holding is for all purposes and not simply for this election or matters connected therewith. The president or vice president of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice president thereof in writing. The registrar shall require registrants on behalf of a corporation to take the following oath, in substance: I am over the age of 21 years and the (president or vice president) of (naming the corporation) or have been duly authorized in writing to register on behalf of (naming the corporation); that the corporation is organized under or has qualified under the laws of Nevada to transact business therein and is the holder of title or evidence of title to land as defined in chapter 309 of NRS within the boundaries of the ............... improvement district.
[5. No election for any purpose except for organization shall be held in any improvement district without such registration, and only electors duly registered shall be entitled to vote thereat.
6. Registration of voters for any regular or special election shall close on the Wednesday preceding such election. The registration oath may be taken before the registrars or deputy registrars, or any officer authorized by law to administer oaths.]
Sec. 3. NRS 309.100 is hereby amended to read as follows:
309.100 [1. Before opening the polls each inspector and each clerk must take and subscribe to an oath to perform faithfully the duties imposed upon him by law. Any elector of the precinct may administer and certify such oath. Any elector of the precinct may administer and certify such oath. Vacancies occurring during the progress of the election may be filled by the remaining inspector or inspectors, and any inspector of election may administer and certify oaths. The time of opening and closing the polls, the manner of conducting the election, canvassing and announcing the result, the keeping of the tally list and the making and certifying of such result, and the disposition of the ballots after election, shall be the same, as nearly as may be, as provided for elections under the general election law of this state.
κ1963 Statutes of Nevada, Page 513 (CHAPTER 283, AB 445)κ
list and the making and certifying of such result, and the disposition of the ballots after election, shall be the same, as nearly as may be, as provided for elections under the general election law of this state.
2. Registrars and election officers may receive such compensation for their services as the board shall prescribe, not exceeding the amount paid for similar services at general elections.
3. The returns shall be delivered to the secretary of the district and no list, tally paper or returns from any election shall be set aside or rejected for want of form if it can be satisfactorily understood.
4. The board of directors shall meet at its usual place of meeting on the 2nd Monday after an election to canvass the returns, and it shall proceed in the same manner and with like effect, as nearly as may be, as the board of county commissioners in canvassing the returns of general elections, and when it shall have declared the result the secretary shall make full entries in his record in like manner as is required of the county clerk in general elections.
5. The board of directors must declare elected the person or persons having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person or persons a certificate of election signed by him and authenticated with the seal of the board.
6.] Within 10 days after receiving the certificate of his election, each director shall take and subscribe to an official oath and file the same with the secretary of the board of directors. Each member of the board of directors shall execute an official bond in the sum of $2,000, which shall be approved by the judge of the district court in and for the county where such organization is effected. Such bonds shall be recorded in the office of the county recorder and filed with the secretary of the board.
Sec. 4. NRS 312.150 is hereby amended to read as follows:
312.150 1. When a district shall have provided for the election of directors, the regular elections of such district shall be held [on the 1st Tuesday after the 1st Monday in April of the 2nd calendar year following the organization election, and biennially thereafter.
2. Not less than 15 nor more than 20 days before any regular election, the secretary of the board shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors. Prior to the time for posting the notice the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct, and shall also appoint two clerks of election for each precinct. If the board of directors fails to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held.
3. The secretary of the board of directors shall be ex officio district registrar of the district, and may, at least 4 weeks before any election, appoint a deputy registrar in each election precinct, whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he shall have authority to demand of the elector all information and to administer all oaths required by this chapter.
κ1963 Statutes of Nevada, Page 514 (CHAPTER 283, AB 445)κ
registrar of the district, and may, at least 4 weeks before any election, appoint a deputy registrar in each election precinct, whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he shall have authority to demand of the elector all information and to administer all oaths required by this chapter. Such registrar and deputy registrars shall be governed in the performance of their duties by the general election laws of this state as far as they are applicable, and shall be at their places of registration to receive applications for registration from 9 a. m. until 9 p. m. on each of three Wednesdays next preceding the date of election. The registrars shall require registrants to take] in conjunction with each general election, and shall be known as the biennial election of the district. The first such election shall not be held sooner than the second calendar year following the organization election.
2. Nominations for the office of director shall be made by filing a declaration with the secretary not later than 60 days before any such election, and the secretary shall, not later than 30 days before any such election, certify such nominations to the county clerk, or clerks if the district is composed of territory in more than one county. If a nominee does not withdraw his name before the secretary certifies the nomination to the county clerk, his name shall be placed on the ballot. The secretary shall give notice of the election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidate or candidates, according to the number of directors to be elected, receiving the most votes shall be elected.
3. No person shall be permitted to vote in any biennial election of the district unless the secretary certifies that such person has taken the following oath in substance: I am or have declared my intention to become a citizen of the United States, and am over the age of 21 years, and am a qualified elector residing in the ............... power district.
4. Only qualified electors duly registered [as provided in this chapter] shall be entitled to vote at any such election. [If an elector has voted at the last preceding election, he shall not be required to reregister in order to vote at the next succeeding election. In all other cases he shall be required to register or reregister.
5. In all poll books and lists of registered electors prepared for any election hereunder, the names of electors who have registered or reregistered for such election shall be distinguished from the names of those who voted at the last preceding district election, but who have not so registered or reregistered, by the letter R enclosed in parentheses placed before each of the names of the former and the omission thereof in connection with the names of the latter. Registration of voters for any regular or special election shall close on the Wednesday preceding such election. The registration oath may be taken before the registrars or deputy registrars, any member of an election board, or any officer authorized by law to administer oaths.
κ1963 Statutes of Nevada, Page 515 (CHAPTER 283, AB 445)κ
All oaths taken before the election board shall be by them preserved and returned with the ballots.]
Sec. 5. NRS 312.160 is hereby amended to read as follows:
312.160 1. [Before opening the polls each inspector and each clerk must take and subscribe to an oath to faithfully perform the duties imposed upon him by law. Any elector of the precinct may administer and certify such oath. Vacancies occurring during the progress of the election may be filled by the remaining inspector or inspectors, and any inspector of election may administer and certify oaths.
2. The time of opening and closing the polls, the manner of conducting the election, canvassing and announcing the result, the keeping of the tally list, and the making and certifying of such result, and the disposition of the ballots after election, shall be the same, as near as may be, as provided for elections under the general election law of this state.
3. Registrars and election officers may receive such compensation for their services as the board shall prescribe, not exceeding the amount paid for similar services at general elections.
4. The returns shall be delivered to the secretary of the district, and no list, tally paper, or returns from any election shall be set aside or rejected for want of form if it can be satisfactorily understood.
5. From and after the organization election the board of directors shall meet at its usual place of meeting on the 2nd Monday after an election to canvass the returns, and it shall proceed in the same manner and with like effect, as near as may be, as the board of county commissioners in canvassing the returns of general elections, and when it shall have declared the result the secretary shall make full entries in his record in like manner as is required of the county clerk in general elections.
6. The board of directors must declare elected the person or persons having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person or persons a certificate of election, signed by him and authenticated with the seal of the board.
7.] Within 10 days after receiving the certificate of his election, each director shall take and subscribe to an official oath and file the same with the secretary of the board of directors.
Sec. 6. NRS 474.130 is hereby amended to read as follows:
474.130 1. The directors elected at the election organizing the district shall immediately enter upon their duties. At the first meeting, the first board of directors shall so classify themselves by lot that one of their number shall go out of office on the [2nd Monday of April of the year next succeeding the first election, one thereof on the 2nd Monday of April of the second year succeeding, and one thereafter on the 2nd Monday of April on the third year succeeding.
2. Thereafter, directors shall hold their offices for terms of 3 years from and after their election and until their successors are elected and qualified.] 1st Monday in January following the next succeeding biennial election, and two of their number on the 1st Monday in January following the second succeeding biennial election.
κ1963 Statutes of Nevada, Page 516 (CHAPTER 283, AB 445)κ
biennial election, and two of their number on the 1st Monday in January following the second succeeding biennial election.
2. Thereafter, directors shall hold their offices for terms of 4 years from and after the 1st Monday in January following their election and until their successors are elected and qualified.
Sec. 7. NRS 474.140 is hereby amended to read as follows:
474.140 1. [Except as provided in subsection 2, after the first election, an election shall be held each year on the last Friday in March, at which one director shall be elected.
2. The board of directors shall have power, by resolution duly passed, to change the date for holding an election to a date to be named by the board, but not more than 120 days after the last Friday in March.
3. Notice of an election shall be given by the board of directors by posting in three public places within the district for at least 2 weeks before the election.
4. The board of directors shall appoint the officers of election and, wherever practicable, the polling places used for school elections shall be designated.
5. Except as otherwise provided in this chapter, the elections shall be conducted in accordance with the provisions of the general election laws of the state.
6. Within 24 hours after holding an election, the officers of election shall make returns and certify the votes and the names of the persons voted for to the board of directors. Within 5 days after the returns have been received by the board of directors, the board shall:
(a) Count the votes.
(b) Determine who has been elected.
(c) Forthwith issue certificates of election to the persons elected.] At the next general election and in conjunction therewith after the organization of any district, and in conjunction with every general election thereafter, an election shall be held which shall be known as the biennial election of the district.
2. Not later than 60 days before any such election, nominations may be filed with the secretary of the board, who shall not later than 30 days before any such election certify such nominations to the county clerk. If a nominee does not withdraw his name before the secretary certifies the nominations to the county clerk, his name shall be placed on the ballot. The secretary of the district shall give notice of election by publication, and shall arrange such other details in connection therewith as the board may direct. The returns of the election shall be certified to and shall be canvassed as provided by the general law concerning elections. The candidate or candidates, according to the number of directors to be elected, receiving the most votes, shall be elected. Any new member of the board shall qualify in the same manner as members of the first board qualify.
Sec. 8.1. Notwithstanding any other provision of this act, the terms of office of incumbent elected directors of local improvement districts and power districts organized pursuant to the provisions of chapters 309 and 312, respectively, of NRS shall expire as follows:
κ1963 Statutes of Nevada, Page 517 (CHAPTER 283, AB 445)κ
and power districts organized pursuant to the provisions of chapters 309 and 312, respectively, of NRS shall expire as follows:
(a) The terms of office of directors elected at the biennial election of the district next preceding July 1, 1963, shall expire on the 1st Monday in January 1967.
(b) The terms of office of directors elected at the biennial election of the district next preceding the election referred to in paragraph (a) shall expire on the 1st Monday in January 1965.
2. Notwithstanding any other provision of this act, the terms of office of incumbent directors of county fire protection districts organized pursuant to the provisions of chapter 474 of NRS shall expire as follows:
(a) The term of office of the director elected at the annual election of the district next preceding July 1, 1963, shall expire on the 1st Monday in January 1967.
(b) The terms of the other two directors shall expire on the 1st Monday in January 1965.
________
Assembly Bill No. 194Committee on Roads, Transportation and Aviation
CHAPTER 284
AN ACT to amend NRS section 482.280, relating to expiration and renewal of vehicle registration, by permitting registration of certain trucks and trailers for half years under certain circumstances; and providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.280 is hereby amended to read as follows:
482.280 1. Every vehicle registration under this chapter shall expire at midnight on June 30 each year. The department shall mail annually to each holder of a valid registration certificate an application form for renewal registration for the following year. Such forms shall be mailed by the department in sufficient time to allow all applicants to mail the applications to the office or agent of the department in the counties in which they reside and to receive new registration certificates and license plates, stickers, tabs or other suitable devices by mail prior to expiration of subsisting registrations. An applicant may, if he chooses, present the application in person to the agent or office of the department in the county in which he resides.
2. The department shall insert in each application form mailed as required by subsection 1 of this section the amount of personal property tax to be collected for the county under the provisions of NRS 482.260.
κ1963 Statutes of Nevada, Page 518 (CHAPTER 284, AB 194)κ
3. Such renewal shall take effect on July 1 of each year. The certificate of registration issued under this chapter shall be valid during the registration year only for which it was issued, and the certificate of ownership shall remain valid until canceled by the department upon a transfer of any interest shown therein and need not be renewed annually.
4. An owner who has made proper application for renewal of registration previous to July 1 but who has not received the number plate or plates or registration card for the ensuing year shall be entitled to operate or permit the operation of such vehicle upon the highways upon displaying thereon the number plate or plates issued for the preceding year for such time as may be prescribed by the department as it may find necessary for issuance of such new plate or plates or registration card.
5. Registration of a [motor vehicle,] truck or trailer having an unladened weight of 3,650 pounds or more for a half year [may] shall be permitted if the applicant files with the department an affidavit showing that [the motor vehicle] such truck or trailer has not in fact been operated on the highways in this state [prior to January 1.] during the first 6 months of the registration period.
6. No fee shall be required for the month of June for a new car delivered in good faith during that month, and the department shall provide such new car with a temporary registration placard of a size which shall be plainly visible for a distance of 100 feet during daylight, such placard to be valid only during the month of June.
________
Assembly Bill No. 463Clark County Delegation
CHAPTER 285
AN ACT to amend NRS section 244.125, relating to the appointment, salary and removal from office of county managers, by providing that boards of county commissioners in counties having a population of 120,000 or more may fix the compensation of the county managers; and providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.125 is hereby amended to read as follows:
244.125 1. [The] Except as provided in subsection 2, the county commissioners of any county are authorized to appoint a county manager and to fix the compensation for such county manager at a salary not to exceed $15,000 per year.
2. In each 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, the county commissioners are authorized to appoint a county manager and to fix the compensation for such county manager.
κ1963 Statutes of Nevada, Page 519 (CHAPTER 285, AB 463)κ
3. The county manager shall hold his office at the pleasure of the board of county commissioners, and may be removed from office by the board at any time.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 470Clark County Delegation
CHAPTER 286
AN ACT to amend an act entitled An Act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1911, as amended.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 145, is hereby amended by adding thereto a new section which shall be designated as section 31.4 of Chapter II, which shall immediately follow section 31.3 of Chapter II, and shall read as follows:
Section 31.4. The legislature finds and declares that the treatment and rehabilitation of female alcoholics is a proper governmental purpose and municipal function and that the costs thereof are proper municipal expenditures. The board of commissioners may expend city funds for the treatment and rehabilitation of female alcoholics in city facilities or by individuals or private or public institutions, corporations and associations.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 428Committee on Labor
CHAPTER 287
AN ACT to amend chapter 616 of NRS, relating to industrial insurance, by adding a new section providing that persons engaged in selling or delivering newspapers, magazines and periodical publications pursuant to an agreement or contract shall be deemed employees of the publisher or distributor with whom such agreement or contract exists at a wage of $50 per month for purposes of industrial insurance; and providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 616 of NRS is hereby amended by adding thereto a new section which shall read as follows:
κ1963 Statutes of Nevada, Page 520 (CHAPTER 287, AB 428)κ
Any person engaged in vending, selling, offering for sale or delivering directly to the public any newspaper, magazine or periodical pursuant to an agreement or contract with the publisher or distributor thereof, acting under the control of such publisher or distributor and receiving a wage, commission or other compensation based upon his sales of such newspaper, magazine or periodical shall be deemed, for the purposes of this chapter only, an employee of such publisher or distributor receiving a wage of $50 per month, and shall be entitled to the benefits of this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 418Messrs. Bastian and Knisley
CHAPTER 288
AN ACT to amend NRS section 212.160, relating to furnishing weapons, drugs or intoxicants to prisoners in the state prison or state prison farm, by broadening the applicability of the section to include any place where prisoners are authorized to be or are assigned by the warden; and by providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 212.160 is hereby amended to read as follows:
212.160 1. Any person, not authorized by law, who knowingly shall furnish, or attempt to furnish, or aid or assist in furnishing or attempting to furnish to any prisoner confined in the state prison, [or] state prison farm, conservation honor camp, or any other place where prisoners are authorized to be or are assigned by the warden, any deadly weapon, explosives, any deleterious narcotic or other drug or deleterious substance or intoxicating liquor, shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the state prison for not more than 2 years.
2. Knowingly leaving or causing to be left any such article where it may be obtained by any such prisoner shall be held to be, within the meaning of this section, the furnishing of such article to such prisoner.
________
κ1963 Statutes of Nevada, Page 521κ
Assembly Bill No. 393Mr. Giomi
CHAPTER 289
AN ACT to amend NRS section 463.320, relating to collection and disposition of gambling license fees, by allowing boards of county commissioners to apportion among incorporated and unincorporated cities and towns and the county gambling license fees based on number of games operated; and by providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370 to 463.390, inclusive, and all acts amendatory thereof or supplemental thereto shall be collected and disposed of as herein provided.
2. All state gaming license fees and penalties shall be collected by the commission and paid over immediately to the state treasurer to be disposed of as follows:
(a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 shall be deposited for credit to the general fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 collected after April 2, 1957, shall, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. [In counties in which the total number of voters who voted at the last preceding general election was 1,000 or more, such fees shall be deposited by the county treasurer in the county general fund and shall be expended for county purposes.
In counties in which the total number of voters who voted at the last preceding general election was less than 1,000, such] Such fees, except as otherwise provided herein, shall be deposited by the county treasurer in the county general fund and shall be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more incorporated or unincorporated cities or towns within the county, the board of county commissioners shall, annually, prior to the preparation of the city or town budget or budgets as required by NRS 354.350, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution the percentage so apportioned and allocated shall be converted to a dollar figure and included in city or town budget or budgets as an estimated receipt for the next fiscal year as required by subsection 5 of NRS 354.370. Quarterly upon receipt of the moneys from the state, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining shall be deposited in the county general fund and shall be expended for county purposes.
κ1963 Statutes of Nevada, Page 522 (CHAPTER 289, AB 393)κ
balance remaining shall be deposited in the county general fund and shall be expended for county purposes. If any future action of the legislature results in an increase in the state gaming license fees provided for in NRS 463.380, then the provisions of this paragraph shall become inoperative and all such state gaming license fees shall be disposed of as provided in paragraph (a).
3. (a) County license fees shall be collected by the sheriff, and no license money paid to the sheriff shall be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.
(b) The sheriff in his county shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
(c) On or before the 5th day of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
(d) All moneys received for county gaming licenses under this chapter shall be paid: 25 percent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
(1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such remaining moneys, and the incorporated city or town shall receive 50 percent of such remaining moneys, which shall be paid into the general fund of such incorporated city or town.
(2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.
________
κ1963 Statutes of Nevada, Page 523κ
Assembly Bill No. 400Mr. Swanson
CHAPTER 290
AN ACT to amend chapter 281 of NRS, relating to public officers and employees, by adding a new section requiring that public officers and employees accept photographic, photostatic, microfilm or other similar reproductions as originals; and providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 281 of NRS is hereby amended by adding thereto a new section which shall read as follows:
If any business, institution or member of a profession or calling has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event and has caused any or all of such records to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, such reproduction shall be accepted by all public officers and employees for examination, filing, copying or any other purpose as if it were the original, whether or not the original is then in existence.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 330Mr. Jones
CHAPTER 291
AN ACT to amend NRS section 49.050, relating to certification by public officers as to the authenticity of originals or copies of public records received in evidence, by eliminating the requirement that the official seal of such officers be affixed to such certification; and by providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 49.050 is hereby amended to read as follows:
49.050 The original, or a microfilm or photostatic copy, or a copy of any record, other than a judicial record, document or paper in the custody of a public officer of this state, or of the United States, certified [under the official seal of] by such officer to be the original or to be a photostat or microfilm, or to be a true, full and correct copy, of the original in his custody, may be received in evidence in any action or proceeding in the courts of this state, in like manner and with the like effect as the original could be if produced. A public record or document in the custody of a public officer of this state, in a public office, may be proved and admitted in evidence in any court by the certificate of the legal keeper or custodian thereof that it is genuine and authentic.
κ1963 Statutes of Nevada, Page 524 (CHAPTER 291, AB 330)κ
in the custody of a public officer of this state, in a public office, may be proved and admitted in evidence in any court by the certificate of the legal keeper or custodian thereof that it is genuine and authentic. [, and by his seal, if there be one annexed.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 325Committee on Roads, Transportation and Aviation
CHAPTER 292
AN ACT to amend chapter 706 of NRS, relating to motor carriers, by adding new sections defining terms; providing for joint and several liability of lessors and lessees of motor vehicles for taxes, fees, penalties and interest; and exempting tow cars from certain provisions; to amend NRS sections 706.400, 706.520 to 706.540, inclusive, 706.650 and 706.670, relating to certificates of public convenience and necessity and licensing of motor carriers, by eliminating consideration of rates in hearings on applications for motor carrier certificates of public convenience and necessity; by establishing special license fees for ambulances, hearses and tow cars; by eliminating the requirement of annual weighing of carrier motor vehicles; by clarifying language relating to transfers of certificates of public convenience and necessity; by requiring certificates and licenses for certain carriers operating within incorporated cities; and by eliminating some exemptions from the motor carrier laws and creating others; preserving existing rights of city and town draymen; to repeal NRS sections 706.470 and 706.610, relating to substitutions and additions of contracts by motor carriers and standby equipment; and providing other matters properly relating thereto.
[Approved April 9, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.1 to 4, inclusive, of this act.
Sec. 1.1. Ambulance means a motor vehicle designed and used primarily for the transportation of injured or sick persons or dead bodies on stretchers, cots, beds or other devices for carrying persons in a prone position.
Sec. 1.2. Farm vehicle means any motor vehicle or combination of motor vehicles used exclusively to transport livestock and farm products raised, grown and owned by the owner of such motor vehicle, and for transportation of merchandise and supplies of such owner for his own use.
Sec. 1.3. Hearse means a motor vehicle designed and used primarily for transporting dead bodies.
Sec. 2. Tow car means a motor vehicle which is designed or altered and equipped for and is used exclusively in the business of towing disabled vehicles by means of a crane, hoist, tow bar, tow line or dolly, or is otherwise exclusively used to render assistance to disabled vehicles.
κ1963 Statutes of Nevada, Page 525 (CHAPTER 292, AB 325)κ
Sec. 3. 1. For the purposes of this chapter, the operator of a motor vehicle which comes within the provisions of this chapter, whether as a single motor vehicle or as part of a fleet, shall be deemed to be the owner of such vehicle.
2. The lessee and lessor of such a motor vehicle are jointly and severally liable for any fees, taxes, penalties or interest owed to the state under the provisions of this chapter.
Sec. 4. The provisions of NRS 706.390 requiring certificates of public convenience and necessity for common carriage, and of NRS 706.440 requiring contract carrier permits for contract carriage, do not apply to the operation of tow cars with an unladened weight of less than 9,000 pounds.
Sec. 5. NRS 706.440 is hereby amended to read as follows:
706.440 1. Upon the filing of an application for a certificate of public convenience and necessity, the commission shall fix a time and place for hearing thereon, and shall proceed in the manner according to the provisions of the laws of this state made applicable thereto.
2. Before granting a certificate of public convenience and necessity to an applicant, the commission shall take into consideration:
(a) Other existing transportation facilities in the territory for which a certificate is sought; and
(b) The public necessity and convenience to be accorded by the service [and rates] offered by such applicant.
3. The commission, in its discretion, may dispense with the hearing on the application if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the certificate has been filed by or in behalf of any interested person.
Sec. 6. NRS 706.520 is hereby amended to read as follows:
706.520 1. Except as provided in subsection 5, every person operating motor vehicles in the carriage of persons or property for hire, or as a private carrier, shall, before commencing the operation thereof and annually thereafter, secure from the department a license for each and every such motor vehicle to be operated, and make payments therefor as provided in NRS 706.010 to 706.700, inclusive.
2. The license herein provided for shall be secured on or before January 1 of each year and shall become delinquent on January 1 of each year.
3. The license fee imposed by NRS 706.010 to 706.700, inclusive, shall be reduced one-twelfth for each month which shall have elapsed since the beginning of each calendar year, on all motor vehicles to be licensed after the end of January of each year, except taxicabs, motor convoy carriers, ambulances, hearses, tow cars and private carriers of property who are eligible to secure the annual license for $25 as provided in NRS 706.010 to 706.700, inclusive.
4. On and after July 1 of each year, taxicabs and private carriers of property who are eligible to secure the annual license for $25, as provided in NRS 706.010 to 706.700, inclusive, shall pay $12.50.
5. Common and contract motor carriers of property whose vehicles are operated exclusively within the corporate limits of any city or town and an area 5 miles outside such limits, and whose vehicles are required to be licensed under the provisions of this section may secure distinctive license plates permitting such vehicles to operate within such cities and towns and such 5-mile area upon payment of fees amounting to one-half of the fees set forth in NRS sections 706.530 and 706.540.
κ1963 Statutes of Nevada, Page 526 (CHAPTER 292, AB 325)κ
town and an area 5 miles outside such limits, and whose vehicles are required to be licensed under the provisions of this section may secure distinctive license plates permitting such vehicles to operate within such cities and towns and such 5-mile area upon payment of fees amounting to one-half of the fees set forth in NRS sections 706.530 and 706.540. Any person operating a carrier licensed pursuant to the provisions of this subsection shall, in addition to any other penalties provided by law, immediately become liable for the full amount of the fees set forth in NRS 706.530 and 706.540 for the full licensing period if such carrier is apprehended in operation outside such 5-mile area.
Sec. 7. NRS 706.530 is hereby amended to read as follows:
706.530 The payments for the licenses provided in NRS 706.010 to 706.700, inclusive, shall be made in accordance with the following schedule of fees:
1. For each motor vehicle used in the carrying of passengers or passengers and light express up to 500 pounds, $50 flat rate, plus $10 for each passenger-carrying capacity of such vehicle, up to and including 10 passengers; over 10 passengers $50 flat rate, plus $12 for each passenger-carrying capacity of such vehicle, exclusive of the driver as rated by the manufacturer thereof; but for each motor vehicle operated by a taxicab motor carrier a flat fee of $25 only. No unladened weight license fee provided for in NRS 706.540 shall be assessed on passenger-carrying vehicles.
2. For each motor vehicle, except as otherwise provided in NRS 706.010 to 706.700, inclusive, carrying property or both property and passengers, other than those described above in subsection 1, $20 flat rate.
3. For each trailer, $20 flat rate.
4. For each semitrailer and automobile tractor, $20 flat rate. Each semitrailer and automobile tractor shall be deemed two operating units for the purposes of the flat rate fee and the unladened weight fee provided for in NRS 706.540.
5. For each motorcycle with sidecar attached used in the carriage of property, $20 flat rate; but no unladened weight license fee shall be assessed.
6. For each ambulance or hearse, $25; for each tow car with an unladened weight of less than 9,000 pounds, $25; 9,000 pounds to 15,000 pounds, inclusive, $50; and more than 15,000 pounds, $100. Such fees shall be reduced by one-half for vehicles licensed after July 1 of any year. No unladened weight license fee provided for in NRS 706.540 shall be assessed on ambulances, hearses or tow cars.
Sec. 8. NRS 706.540 is hereby amended to read as follows:
706.540 1. In addition to the flat rate provided in NRS 706.530, a license fee based upon the unladened weight or major fraction per 100 pounds thereof of the motor vehicle is hereby fixed according to the following schedule of fees, and shall be paid, at the same time as, and in addition to, the flat rates, on all motor vehicles, except motorcycles with sidecars attached and motor vehicles used exclusively in the carrying of passengers, or passengers and light express up to 500 pounds:
κ1963 Statutes of Nevada, Page 527 (CHAPTER 292, AB 325)κ
the carrying of passengers, or passengers and light express up to 500 pounds:
Up to and including 5,000 pounds, per
...... 100 pounds unladened................................................. $1.65
5,001 pounds and not over 10,000 pounds,
...... per 100 pounds unladened............................................. 1.71
10,001 pounds and not over 11,000 pounds,
...... per 100 pounds unladened............................................. 1.76
11,001 pounds and not over 12,000 pounds,
...... per 100 pounds unladened............................................. 1.82
12,001 pounds and not over 13,000 pounds,
...... per 100 pounds unladened............................................. 1.87
13,001 pounds and not over 14,000 pounds,
...... per 100 pounds unladened............................................. 1.93
14,001 pounds and not over 15,000 pounds,
...... per 100 pounds unladened............................................. 1.98
15,001 pounds and not over 16,000 pounds,
...... per 100 pounds unladened............................................. 2.04
16,001 pounds and not over 17,000 pounds,
...... per 100 pounds unladened............................................. 2.09
17,001 pounds and not over 18,000 pounds,
...... per 100 pounds unladened............................................. 2.15
18,001 pounds and not over 19,000 pounds,
...... per 100 pounds unladened............................................. 2.20
19,001 pounds and over, per 100 pounds unladened....... 2.31
2. No combination of vehicles shall pay a total fee in excess of $800. Notwithstanding any other provisions of NRS 706.010 to 706.700, inclusive, the number of trailers to be licensed shall be a number equivalent to the number usually towed by the power units licensed.
3. Such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and property.
4. The weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by a public weighmaster as provided in NRS 706.310. Should any motor vehicle within the terms of NRS 706.010 to 706.700, inclusive, be changed in any respect after the weighing thereof, which change shall increase the unladened weight thereof, the department may require another weighing thereof and additional fees paid thereon.
[5. Every vehicle required to be weighed by the provisions of NRS 706.010 to 706.700, inclusive, shall be weighed annually at the time of the securing of the license therefor, and a certificate of the unladened weight shall accompany the application for the annual license, and also upon the commencing of operations by any person not theretofore licensed under NRS 706.010 to 706.700, inclusive.]
Sec. 9. NRS 706.650 is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 528 (CHAPTER 292, AB 325)κ
706.650 1. All motor carriers coming within the terms of NRS 706.010 to 706.700, inclusive, except such carriers or persons as mentioned in NRS 706.670, to whom shall have been issued the certificates, permits and licenses provided by NRS 706.010 to 706.700, inclusive, may transfer [, lease or assign] such certificates, permits and licenses to another qualified under NRS 706.010 to 706.700, inclusive, but no such transfer [, lease or assignment] shall be valid for any purpose unless and until application for permit to make such transfer [or lease] shall be made to the commission by the transferor, [or lessor,] accompanied by an application of the transferee [or lessee] to be substituted for the transferor of such certificates, permits and licenses, the subject of such transfer. [or lease.]
2. The commission, in its discretion, may direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner as other hearings before the commission.
3. If the commission shall determine that a transfer [, lease or assignment] of any certificate, permit or license permitted herein to be transferred [, leased or assigned] will not operate to defeat the purposes of NRS 706.010 to 706.700, inclusive, or deny to the State of Nevada reasonable compensation for the use of its highways as provided in NRS 706.010 to 706.700, inclusive, the commission shall order such transfer to be made when it is satisfied that the purposes of NRS 706.010 to 706.700, inclusive, will not be defeated by the transfer [or lease] of the certificate, permit or license.
4. No transfer [or lease] shall be valid beyond the life of the certificate, permit or license transferred.
5. The department may, under such rules and regulations as it may deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof; but new license plates shall be secured from the department and a fee of $2 shall be paid for each set of plates so secured.
Sec. 10. NRS 706.670 is hereby amended to read as follows:
706.670 1. None of the provisions of NRS 706.010 to 706.700, inclusive, shall apply to:
(a) Any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada, except [those operated for the moving of new and used furniture and household effects for hire,] motor vehicles operated as for-hire carriers of property, to which all such provisions except NRS 706.520 to 706.650, inclusive, shall apply, but if the corporate limits of any such city or town shall be extended or changed to include within such corporate limits any route, area, public highway or terminus lawfully serviced, used or employed at the time of such extension or change of such corporate limits by any common or contract motor carrier of property or passengers, or taxicab motor carrier, to which a certificate of convenience and necessity, permit or license has been issued, the provisions of this chapter shall apply, while any such common carrier or taxicab motor carrier servicing, using or employing such route, area, public highway or terminus in accordance with such certificate,