[Rev. 2/28/2019 2:33:31 PM]
κ1963 Statutes of Nevada, Page 705 (CHAPTER 347, AB 502)κ
the city of a police nature, the general laws and the provisions of this charter are rigidly enforced and observed.
Sec. 19. Section 10 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 111, Statutes of Nevada 1953, at page 113, is hereby amended to read as follows:
Section 10. [There shall be a chief of the fire department, who shall be appointed by the mayor, subject to the confirmation of the council. He shall be at least twenty-five years of age and a citizen of the United States. He shall see that all laws, rules, regulations and ordinances concerning the department are carried into effect and observed. He shall diligently observe the condition of all apparatus in use by the department from time to time, shall report to the council with his recommendation for the betterment of the department, and to increase its efficiency. He shall have power, subject to confirmation by the council, to appoint the necessary number of firemen as may be required by the council. He shall exert himself to protect property from fire, and generally to exercise vigilance for the safety of the city against conflagrations. He shall receive such salary or compensation as may be prescribed by the city council.] 1. There shall be a chief of the fire department, who shall be appointed by the mayor, subject to confirmation by the city council as provided in section 2.04 of Article II.
2. The chief of the fire department shall:
(a) Be at least 35 years of age and a citizen of the United States.
(b) Have been employed by a municipality and actively engaged in fire prevention or fire protection work for a period of not less than 5 years continuously and immediately preceding his appointment.
3. The chief of the fire department shall receive such salary or compensation as may be prescribed by the city council.
4. The chief of the fire department shall:
(a) See that all laws, rules, regulations and ordinances concerning the fire department are carried into effect and observed.
(b) Diligently observe the condition of all apparatus in use by the fire department and from time to time report to the city council his recommendations for the betterment of the department and methods of increasing its efficiency.
(c) Have power, subject to confirmation by the city council, to appoint the necessary number of firemen as may be required by the city council.
(d) Exert himself to protect property from fire, and generally exercise vigilance for the safety of the city against conflagrations.
Sec. 20. The title of Article XI of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 399, is hereby amended to read as follows:
[Engineering Department]
Department of Public Works
Sec. 21. Section 11 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 399, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 706 (CHAPTER 347, AB 502)κ
Section 11. [There shall be a city engineer, who shall be appointed by the mayor, subject to the confirmation of the city council. Any person so appointed shall hold a license as a civil engineer and land surveyor issued by the Nevada state board of registered professional engineers.] 1. There shall be a director of the department of public works, who shall be appointed by the mayor, subject to confirmation by the city council as provided in section 2.04 of Article II.
2. At the time of his appointment the director of the department of public works shall:
(a) Hold a valid certificate of registration as a civil engineer pursuant to the provisions of chapter 625 of NRS.
(b) Have held a valid certificate of registration as a civil engineer pursuant to the provisions of chapter 625 of NRS for at least 2 years prior to his appointment.
(c) Have been actively engaged in the practice of civil engineering for a period of at least 5 years prior to his appointment.
Sec. 22. Section 11.01 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 399, is hereby amended to read as follows:
Section 11.01. The [city engineer] director of the department of public works shall supervise the street, sewer and park departments of the city of Sparks, and perform such other duties as may be assigned to him by the city council.
Sec. 23. Section 11.02 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 111, Statutes of Nevada 1953, at page 113, is hereby amended to read as follows:
Section 11.02. [It shall be the duty of the city engineer, when instructed by the city council, to prepare plans, specifications, and cost estimates for all public improvements made within the city, as well as supervise the construction thereof. He shall recommend needed improvements to the mayor and the city council. The city engineer shall cause to be carried out all necessary public improvement work and the engineering incident thereto when directed to proceed with such projects by the mayor and the city council. He shall receive such salary or compensation as may be prescribed by the city council.]
1. The director of the department of public works shall:
(a) When instructed by the city council, prepare plans, specifications and cost estimates for all public improvements made within the city, and supervise the construction thereof.
(b) Recommend needed improvements to the mayor and the city council.
(c) Cause to be carried out all necessary public improvement work and the engineering incident thereto when directed to proceed with such projects by the mayor and the city council.
2. The director of the department of public works shall receive such salary or compensation as may be prescribed by the city council.
Sec. 23.3. Article XI of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 399, is hereby amended by adding thereto a new section designated section 11.03, which shall immediately follow section 11.02, and shall read as follows:
κ1963 Statutes of Nevada, Page 707 (CHAPTER 347, AB 502)κ
Section 11.03. There is in the department of public works a building inspection division which is under the supervision of the director of the department of public works. The building inspection division shall be in complete charge of all building and construction work inspections and of the issuance of all permits required in such work. Additional duties of the building inspection division may be prescribed by the director of the department of public works and by the city council by ordinance.
Sec. 23.5. The title of Article XII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 400, is hereby amended to read as follows:
[BUILDING AND HEALTH INSPECTOR]
CITY HEALTH DEPARTMENT
Sec. 24. Section 14 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 367, Statutes of Nevada 1961, at page 748, is hereby amended to read as follows:
Section 14. The fees, salaries, or other compensations of officers or other persons employed by the city shall be regulated in the case of all elective officers of the city by duly enacted ordinances and as to all appointive officers, such as the police chief, chief of the fire department, and [city engineer,] director of the department of public works, and any other head of a department, by resolutions duly [enacted] adopted by the city council. The compensation of all other city employees shall be fixed by motion of the council. All claims for fees, salaries, and all expenses necessarily incurred in carrying on the legitimate purposes and properly administering the duties of the city government, and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the council at the first regular meeting thereafter of each and every month, and the council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by the majority of the council, the city clerk shall certify all such claims or portions allowed, as the case may be. [, to the mayor, who shall draw a warrant upon the treasurer, and the same shall be paid by him. On paying any warrant, the treasurer shall write or stamp across the face thereof, in red ink, the word Redeemed, with the date of such redemption, and sign his name thereto officially, and the warrant so canceled shall be sufficient voucher for the treasurer in his settlement with the council, which shall take place annually, on the third Monday of December of each year. The council may at any time require a statement and settlement with said treasurer.]
Sec. 25. Section 16 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by a majority of the voters of the city of Sparks voting at the general election held in the State of Nevada in November 1962, pursuant to section 33 of chapter 351, Statutes of Nevada 1961, at page 712, as amended, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 708 (CHAPTER 347, AB 502)κ
Section 16. 1. A primary municipal election shall be held in the city on the first Tuesday after the first Monday in May 1963, and on the same day every 4 years thereafter, at which time there shall be nominated candidates for mayor, city clerk, councilmen as hereinbefore provided, city attorney and police judge. A candidate for any office to be voted for at the primary municipal election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of primary election. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $50 for filing an affidavit of candidacy for the office of mayor, or a filing fee of $25 for filing an affidavit of candidacy for any other office. All filing fees so collected by the city clerk shall be deposited to the credit of the general fund of the city. All candidates, except candidates for councilmen, shall be voted upon by the electors of the city at large. Candidates for councilmen shall be voted upon by the electors of their respective wards to represent the wards in which they reside, in accordance with the provisions of this charter, and from which they file their candidacy. The names of the two candidates receiving the highest number of votes in the primary municipal election shall be placed on the ballot for the general city election.
2. A general municipal election shall be held in the city on the first Tuesday after the first Monday in June 1963, and on the same day every 4 years thereafter, at which time there shall be elected one mayor, one city clerk, councilmen as hereinbefore provided, one city attorney and one police judge. All candidates at the general municipal election shall be voted upon by the electors of the city at large.
3. All elections held under this charter shall be governed by the provisions of the election laws of the state, so far as the same can be made applicable and which are not inconsistent herewith. The conduct and carrying on of all city elections shall be under the control of the city council, and they shall by ordinance provide for the holding of the same, appoint the necessary officers thereof, and do all other or further things required to carry the same into effect.
4. The officers of the city duly elected at the election held on the first Tuesday after the first Monday in May 1959, shall hold office until the first regular meeting of the council next succeeding that in which the canvass of returns is made following the general municipal election to be held in June 1963.
Sec. 26. Section 17 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as last amended by chapter 367, Statutes of Nevada 1961, at page 749, is hereby amended to read as follows:
Section 17. 1. The city council shall appoint a city manager who shall be the chief administrative officer of the city and who shall be responsible to the mayor and city council for the proper administration of the affairs of the city placed within his jurisdiction. Such manager shall be selected on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during the tenure of office he shall actually reside within the city of Sparks.
κ1963 Statutes of Nevada, Page 709 (CHAPTER 347, AB 502)κ
appointment he need not be a resident of the city or state, but during the tenure of office he shall actually reside within the city of Sparks.
The city manager cannot be removed from office except by a majority vote of the council. He shall serve at the will of the council, and in case of his removal he may demand written charges and a public hearing thereon before the council, prior to the date upon which his final removal is to take place; but the decision and action of the council upon such hearing shall be final, and pending such hearing the council may suspend him from duty.
During the absence or disability of the city manager, the council shall designate some properly qualified person to perform his duties. Whenever a vacancy occurs in the office of the city manager, the council shall proceed immediately to appoint a city manager.
The city manager shall receive an annual salary [of not more than $12,000, as may] to be fixed by the council by resolution, and before entering on the performance of his duties shall take the official oath of office.
2. The city manager shall be responsible to the council for the efficient administration of all the affairs of the city. He shall have the power, and it shall be his duty:
(a) To exercise a careful supervision of the citys general affairs.
(b) To see that all laws and ordinances are duly enforced, and he is hereby declared to be beneficially interested in their enforcement and to have the power to sue in the proper court to enforce them.
(c) To exercise control over all departments, divisions and bureaus of the city government and over all the appointive officers and employees thereof.
(d) Except when the council is considering his removal, to attend all regular meetings of the council and its committees, with the right to take part in discussions, but without power to vote. He shall receive notice of all special meetings.
(e) To recommend to the council for adoption such measures and ordinances as he may deem necessary or expedient.
(f) To make investigations into the affairs of the city, or any department or division thereof, or any contract, or the proper performance of any obligation running to the city.
(g) To prepare and submit to the council the annual budget.
(h) To keep the council at all times fully advised as to the financial condition and needs of the city.
(i) To submit to the council, at least once each month, a list of all claims and bills approved for payment by him.
(j) To devote his entire time to the duties and interests of the city.
(k) To perform such other duties as may be prescribed by this charter or be required by ordinance or resolution of the council.
Sec. 27. Section 19.04 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, at page 819, is hereby amended to read as follows:
Section 19.04. The chief of police, the chief of the fire department, the [city engineer] director of the department of public works and the head of any other department to which the provisions of this article are applicable shall maintain at all times in full force and effect and in operation with his respective department the rules and regulations adopted by the commission and applicable to such department.
κ1963 Statutes of Nevada, Page 710 (CHAPTER 347, AB 502)κ
the head of any other department to which the provisions of this article are applicable shall maintain at all times in full force and effect and in operation with his respective department the rules and regulations adopted by the commission and applicable to such department. Such rules and regulations, in the discretion of the commission, may provide for regular efficiency reports upon the members of any department, for courses, tests or examinations to be required within the department, and for any other act or thing necessary or desirable to bring about advancement or promotion within the department of the members thereof, according to merit, to bring about efficiency within the department so that it may be better qualified to serve the public, and to bring about a full and complete operation within the department of the civil service system.
Sec. 28. Section 19.18 of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 463, Statutes of Nevada 1959, at page 822, is hereby amended to read as follows:
Section 19.18. This article shall apply to all employees of the city of Sparks, except the following: elected officials of the city, the city manager, the [city engineer,] director of the department of public works, the chief of police, the chief of the fire department and those temporary employees mentioned in section 19.06 of this article; provided, however, that any employee of the city who has been confirmed in his position by the city council and who receives and accepts appointment as chief of the fire department, chief of the police department or [city engineer] director of the department of public works shall, upon his removal from such office, be restored to his former position within the department; and provided further, that the foregoing proviso shall be construed as prospective only.
Sec. 29. The above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 372, is hereby amended by adding thereto a new section designated section 13.05 of Article XIII, which shall immediately follow section 13.04 of Article XIII and shall read as follows:
Section 13.05. 1. Notwithstanding the provisions of any other section of this charter or any other law, no revenues received by the city as use fees, connection charges and penalties with respect to the use of the municipal sewer system shall be used or expended for or diverted to general municipal purposes, but such revenues shall be used exclusively for the payment of the necessary costs of operation and maintenance of the municipal sewer system, the purchases of necessary equipment and appurtenances therefor, the payment of compensation of city employees (but not city officers) directly employed in connection with the municipal sewer system, and the payment of the interest on and the principal of bonds of the city issued for the construction, installation, betterment and acquisition of such municipal sewer system.
2. Any willful violation of the provisions of this section or any willful failure to comply therewith by any city officer, whether elective or appointive, shall be deemed malfeasance in office, and any person guilty thereof shall be proceeded against as provided in section 14.05 of Article XIV.
κ1963 Statutes of Nevada, Page 711 (CHAPTER 347, AB 502)κ
guilty thereof shall be proceeded against as provided in section 14.05 of Article XIV.
Sec. 30. The above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 372, is hereby amended by adding thereto a new article designated Article XX, which shall immediately follow section 19.18 of Article XIX and shall read as follows:
Article XX
Local Improvements
Section 20. It is hereby declared as a matter of legislative determination:
1. That providing for the city of Sparks to which this article appertains the purposes, powers, duties, rights, disabilities, privileges, liabilities and immunities herein provided will serve a public use and will promote the health, safety, prosperity, security and general welfare of the inhabitants thereof and of the State of Nevada.
2. That the acquisition, improvement, equipment, maintenance and operation of any project herein authorized is in the public interest, is conducive to the public welfare, and constitutes a part of the established and permanent policy of the State of Nevada.
3. That the necessity for this article is a result of the large population growth and intense residential, commercial and industrial development in the city and of the ensuing need for extensive local improvements therein.
4. That the legislature recognizes the duty of the city of Sparks as an instrument of state government to meet adequately the needs for such facilities within its boundaries.
5. That for the accomplishment of these purposes, the provisions of this article shall be broadly construed, and the rule that statutes in derogation of the common law are to be strictly construed shall have no application to this article.
6. That the notices herein provided are reasonably calculated to inform each interested person of his legally protected rights.
7. That the rights and privileges herein granted and the duties, disabilities and liabilities herein provided comply in all respects with any requirement or limitation imposed by any constitutional provision.
Section 20.01. The action and decision of the city council as to all matters passed upon by it in relation to any action, matter or thing provided herein shall be final and conclusive in the absence of fraud.
Section 20.02. Except where the context otherwise requires, the definitions in sections 20.03 to 20.46, inclusive, govern the construction of this Article XX of the charter.
Section 20.03. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the Federal Government, any public body or person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.
κ1963 Statutes of Nevada, Page 712 (CHAPTER 347, AB 502)κ
acquirement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.
Section 20.04. Assessable property means the tracts of land specially benefited by any project the cost of which is wholly or partly defrayed by the city by the levy of assessments, except any tract owned by the Federal Government, the city or any other public body, in the absence of its consent to the assessment of any tract so owned, and except any street or other public right-of-way.
Section 20.05. Assessment or assess means a special assessment, or the levy thereof, against any tract specially benefited by any project, to defray wholly or in part the cost of the project, which assessment shall be made on a front foot, zone, area or other equitable basis, as may be determined by the city council, but in no event shall any assessment exceed the estimated maximum special benefits to the tract assessed or its reasonable market value, as determined by the city council, as provided in section 20.47 hereof.
Section 20.06. Assessment lien means a lien on a tract created by ordinance of the city to secure the payment of an assessment levied against that tract, as provided in section 20.59 hereof.
Section 20.07. Assessment unit means a unit or quasi-improvement district designated by the city council for the purpose of petition, remonstrance and assessment, in the case of a combination of projects pursuant to section 20.33 hereof.
Section 20.08. Clerk means the city clerk upon whom is delegated by law general responsibility for the maintenance of the records of the city.
Section 20.09. Condemnation or condemn means the acquisition by the exercise of the power of eminent domain of property for any facilities, other property, project, or an interest therein, herein authorized. The city may exercise in the state the power of eminent domain, either within or without the city, and, in the manner provided by law for the condemnation of private property for public use, may take any property necessary to carry out any of the objects or purposes hereof, whether such property be already devoted to the same use by any corporate district or other public body, or otherwise, and may condemn any existing works or facilities in the city now or hereafter used. The power of eminent domain vested in the city council shall include the power to condemn, in the name of the city, either the fee simple or any lesser estate or interest in any real property which the city council by resolution shall determine is necessary for carrying out the purposes hereof. Such resolution shall be prima facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.
Section 20.10. Cost or cost of the project, or words of similar import, means all or any part designated by the city council of the cost of any facilities, project, or interest therein, being acquired, which cost, at the option of the city council may include all or any part of the incidental costs pertaining 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, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the city council.
κ1963 Statutes of Nevada, Page 713 (CHAPTER 347, AB 502)κ
preliminary plans, estimates of cost, assessment plats, other preliminaries, the costs of appraising, printing, employing engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the levy of assessments, the issuance of securities, the filing or recordation of instruments, the discounting of bonds, interest on interim warrants, the levy and collection of assessments and installments thereof, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the city council.
Section 20.11. County means Washoe County, Nevada.
Section 20.12. County assessor means the county assessor of Washoe County, Nevada.
Section 20.13. County treasurer means the county treasurer of Washoe County, Nevada.
Section 20.14. Curb and gutter project means any curbs and gutters acquired or improved and appertaining to sidewalks or streets, or both, and all appurtenances and incidentals, including real and other property therefor.
Section 20.15. Drainage project means any natural and artificial watercourses, wells, ditches, lakes, reservoirs, revetments, canals, levees, dikes, walls, embankments, bridges, sewers, culverts, syphons, sluices, flumes, ponds, dams, retarding basins, and other water diversion and storage facilities, pumping stations, stream gauges, rain gauges, flood warning service and appurtenant telephone, telegraph, radio and television service, and all appurtenances and incidentals necessary, useful or desirable for any such facilities (or any combination thereof), including real and other property therefor.
Section 20.16. Engineer means the director of the department of public works or any competent engineer or firm of engineers employed by the city in connection with any facility, property, project or power herein authorized.
Section 20.17. Equipment or equip means the furnishing of all necessary or desirable, related or appurtenant facilities, or any combination thereof, appertaining to any facilities, property, project, or interest therein, herein authorized.
Section 20.18. Federal Government means the United States of America, or any agency, instrumentality or corporation thereof.
Section 20.19. Hereby, herein, hereinabove, hereinafter, hereinbefore, hereof, hereto, and hereunder refer to Article XX of this charter and not solely to the particular portion thereof in which such word is used.
Section 20.20. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized.
Section 20.21. Improvement district means the geographical area within the city designated and delineated by the city council, in which improvement district is located the facilities or project, or an interest therein, the cost of which is to be defrayed wholly or in part by the levy of special assessments, and is located each tract to be assessed therefor.
κ1963 Statutes of Nevada, Page 714 (CHAPTER 347, AB 502)κ
improvement district is located the facilities or project, or an interest therein, the cost of which is to be defrayed wholly or in part by the levy of special assessments, and is located each tract to be assessed therefor. An improvement district may consist of noncontiguous areas. Improvement districts shall be designated by consecutive numbers or in some other manner to identify separately each such district in the city.
Section 20.22. Mailed notice or notice by mail means the giving by the engineer, clerk, or any deputy thereof, as determined by the city council, of any designated written or printed notice addressed to the last-known owner or owners of each tract being assessed or other designated person at his or their last-known address or addresses by deposit, at least 10 days prior to the designated hearing or other time or event, in the United States mails, postage prepaid, as first-class mail. In the absence of fraud the failure to mail any such notice shall not invalidate any assessment nor any other proceedings hereunder. The names and addresses of such property owners shall be obtained from the records of the county assessor or from such other source or sources as the clerk or the engineer deems reliable. Any list of such names and addresses appertaining to any improvement district may be revised from time to time, but such a list need not be revised more frequently than at 12-month intervals. Any mailing of any notice herein required shall be verified by the affidavit or certificate of the engineer, clerk, the deputy, or other person mailing the notice, which verification shall be retained in the records of the city at least until all assessments and bonds appertaining thereto have been paid in full, or any claim is barred by a statute of limitations.
Section 20.23. Member means a councilman.
Section 20.24. Offstreet parking project means parking facilities for the parking of motor vehicles off the public streets, including graded, regarded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sites therefor, driveways, ramps, structures, buildings, elevators, traffic control equipment, and all appurtenances and incidentals necessary, useful or desirable for offstreet parking facilities (or any combination thereof), including real and other property therefor.
Section 20.25. Overpass project means any bridge, viaduct, or other structure or facilities for the transportation of pedestrians, motor and other vehicles and utility lines, over any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such overpass (or any combination thereof), including real and other property therefor.
Section 20.26. Park project means real property, facilities and equipment for parks, including without limitation graded, regarded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, auditoriums, arenas, zoo facilities, golf course facilities, clubhouse, tennis courts, swimming pools, bathhouses, horse-shoe pits, ball fields, boating facilities, swings, slides, other playground equipment, and other recreational facilities, and all appurtenances and incidentals necessary, useful or desirable for any such park property, facilities and equipment.
κ1963 Statutes of Nevada, Page 715 (CHAPTER 347, AB 502)κ
swimming pools, bathhouses, horse-shoe pits, ball fields, boating facilities, swings, slides, other playground equipment, and other recreational facilities, and all appurtenances and incidentals necessary, useful or desirable for any such park property, facilities and equipment.
Section 20.27. Person means any human being, association, partnership, firm or corporation, excluding any public body and the Federal Government.
Section 20.28. Posting means posting in three public places at or near the site of the project designated at least 10 days prior to the designated hearing or other time or event.
Section 20.29. Project means any structure, facility, undertaking or system which the city is herein authorized to acquire, improve, equip, maintain or operate. A project may consist of all kinds of personal and real property.
Section 20.30. Property means real property and personal property.
Section 20.31. Public body means the State of Nevada, or any agency, instrumentality, or corporation thereof, or any unincorporated town, incorporated city, county, school district, other type district, or any other subdivision of the state, excluding the Federal Government.
Section 20.32. Publication or publish means publication in at least one newspaper of general circulation in the city and published at least once a week. Except as herein otherwise expressly provided or necessarily implied, publication or publish also means publication for at least once a week for 3 consecutive weeks by 3 weekly insertions, the first publication being at least 15 days prior to the designated time or event. Unless otherwise so stated, it shall not be necessary that publication be made on the same day of the week in each of the 3 calendar weeks, but not less than 14 days shall intervene between the first publication and the last publication. Any publication herein required shall be verified by the affidavit of the publisher and filed with the clerk.
Section 20.33. Real property means:
1. Land, including land under water.
2. Buildings, structures, fixtures and improvements on land.
3. Any property appurtenant to or used in connection with land.
4. Every estate, interest, privilege, easement, franchise and right in land, legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment, mortgage or otherwise, and the indebtedness secured by such liens.
Section 20.34. Sanitary sewer project means facilities appertaining to the city sanitary sewerage system for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil, and industrial wastes, including without limitation a sewerage treatment plant, sewerage purification and treatment works and disposal facilities, drying beds, pumping plant and station, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, conduits, ditches, pipes, and transmission lines, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof), including real and other property therefor.
κ1963 Statutes of Nevada, Page 716 (CHAPTER 347, AB 502)κ
sewerlines, conduits, ditches, pipes, and transmission lines, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation, treatment, purification and disposal of sewage, liquid wastes, solid wastes, night soil and industrial wastes (or any combination thereof), including real and other property therefor.
Section 20.35. Sidewalk project means any sidewalk, including without limitation graded, regarded, graveled, surfaced, macadamized and paved pedestrian rights-of-way, artificial lights and lighting equipment, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
Section 20.36. State means the State of Nevada, or any agency, instrumentality or corporation thereof.
Section 20.37. Storm sewer project means facilities appertaining to the city storm sewer system for the collection, interception, transportation and disposal of rainfall and other storm waters, including without limitation inlets, connections, laterals, other collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, force mains, waterlines, sewerlines, canals, pipes, transmission lines, natural and artificial watercourses, wells, ditches, reservoirs, revetments, engines, valves, pumps, meters, apparatus, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the collection, interception, transportation and disposal of rainfall and other storm waters (or any combination thereof), including real and other property therefor.
Section 20.38. Street means any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, but excluding a sidewalk designed primarily for use by pedestrians.
Section 20.39. Street project means any street, including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, driveway approaches, curb cuts, curbs, gutters, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, street name signs, and all appurtenances and incidentals (or any combination thereof), including real and other property therefor.
Section 20.40. Taxes means general (ad valorem) taxes pertaining to any project herein authorized.
Section 20.41. Tract means any tract, lot or other parcel of land for assessment purposes, whether platted or unplatted, regardless of lot or land lines. Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded plat thereof; and all lands, platted and unplatted, shall be designated by a definite description.
Section 20.42. Treasurer means the city clerk or ex officio city treasurer upon whom is delegated by law general responsibility for the maintenance of the moneys and other funds of the city.
Section 20.43. Underpass project means any tunnel, tube or other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, under any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such underpass (or any combination thereof), including real and other property therefor.
κ1963 Statutes of Nevada, Page 717 (CHAPTER 347, AB 502)κ
other structure or facilities for the transportation of pedestrians, motor and other vehicles, and utility lines, under any street, stream, railroad tracks, and any other way or place, approaches, ramps, structures, crosswalks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment, ventilating equipment, and all appurtenances and incidentals necessary, useful or desirable for any such underpass (or any combination thereof), including real and other property therefor.
Section 20.44. Water project means facilities appertaining to the city water system for the collection, transportation, treatment, purification and distribution of water, including without limitation springs, wells, other raw water sources, basin cribs, dams, reservoirs, towers, other storage facilities, pumping plants and stations, filter plant, purification system, water treatment facilities, powerplant, waterworks plant, valves, standpipes, connections, hydrants, conduits, flumes, sluices, canals, ditches, water transmission and distribution mains, pipes, lines, laterals, and service pipes, engines, boilers, pumps, meters, apparatus, tools, equipment, fixtures, structures, buildings, and all appurtenances and incidentals necessary, useful or desirable for the acquisition, transportation, treatment, purification and distribution of potable water or untreated water for domestic, commercial and industrial use and irrigation (or any combination thereof), including real and other property therefor.
Section 20.45. For the purpose of computing any period of time prescribed herein, including but not limited to publications, the day of the first publication, other act or designated time shall be excluded and the day of the last publication, other act or designated time shall be included.
Section 20.46. Whenever such construction is applicable, words used herein importing singular or plural number may be constructed so that one number includes both; and words importing masculine gender shall be construed to apply to the feminine gender as well; but these rules of construction shall not apply to any part hereof containing express provisions excluding such construction or where the subject matter or context is repugnant thereto.
Section 20.47. The city council, upon behalf of the city and in its name, without any election, shall have power from time to time to acquire, improve, equip, operate and maintain, within or without the city, or both within and without the city:
1. A curb and gutter project;
2. A drainage project;
3. An offstreet parking project;
4. An overpass project;
5. A park project;
6. A sanitary sewer project;
7. A sidewalk project;
8. A storm sewer project;
9. A street project;
10. An underpass project; and
11. A water project.
κ1963 Statutes of Nevada, Page 718 (CHAPTER 347, AB 502)κ
Section 20.48. The city council, upon behalf of the city and in its name, for the purpose of defraying all the cost of acquiring or improving, or acquiring and improving, any project herein authorized, or any portion of the cost thereof not to be defrayed with moneys available therefor from the general fund, any special fund, or otherwise, shall have power hereunder:
1. To levy assessments against assessable property within the city and to cause the assessments so levied to be collected.
2. To levy from time to time and cause to be collected taxes against all taxable property within the city, without limitation as to rate or amount, except for the limitation in section 2 of article 10 of the constitution of the State of Nevada, to pay the principal of and interest on bonds to the extent assessments are insufficient therefor.
3. To pledge the proceeds of any assessments and taxes levied hereunder to the payment of special assessment bonds and to create liens on such proceeds to secure such payments.
4. To issue special assessment bonds as herein provided.
5. To make all contracts, execute all instruments and do all things necessary or convenient in the exercise of the powers granted herein, or in the performance of the citys covenants or duties or in order to secure the payment of its bonds, provided no encumbrance, mortgage or other pledge of property (excluding any money) of the city is created thereby, and provided no property (excluding money) of the city is liable to be forfeited or taken in payment of such bonds.
Section 20.49. The procedure for acquiring or improving or acquiring and improving any project can be initiated in one of the following ways:
1. Provisional order method; or
2. Petition method.
Section 20.50. 1. Whenever the city council shall be of the opinion that the interest of the city requires any project, the city council, by resolution, shall direct the engineer to prepare:
(a) Preliminary plans showing:
(1) A typical section of the contemplated improvement.
(2) The type or types of material, approximate thickness and wideness.
(3) A preliminary estimate of the cost of the project, including incidental costs.
(b) An assessment plat showing:
(1) The area to be assessed.
(2) The amount of maximum benefits estimated to be assessed against each tract in the assessment area.
2. The resolution may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as to such engineer may seem most desirable for the improvement complete in place.
3. The resolution shall describe the project in general terms.
4. The resolution shall state:
κ1963 Statutes of Nevada, Page 719 (CHAPTER 347, AB 502)κ
(a) What part or portion of the expense thereof is of special benefit and therefore shall be paid by assessments.
(b) What part, if any, has been or is proposed to be defrayed with moneys derived from other than the levy of assessments.
(c) The basis by which the cost will be apportioned and assessments levied.
5. In case the assessment is not to be made according to front feet, the resolution shall:
(a) By apt description designate the improvement district, including the tracts to be assessed.
(b) Describe definitely the location of the project.
(c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.
6. In case the assessment is to be upon the abutting property upon a frontage basis, it shall be sufficient for the resolution so to state and to define the location of the project to be made.
7. It shall not be necessary in any case to describe minutely in the resolution each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.
8. The engineer shall forthwith prepare and file with the clerk:
(a) The preliminary plans; and
(b) The assessment plat.
9. Upon the filing of the plans and plat, the city council shall examine the same; and if the plans and plat be found to be satisfactory, the city council shall make a provisional order by resolution to the effect that such project shall be acquired or improved, or both acquired and improved.
Section 20.51. Whenever the owner or owners of lands to be assessed for not less than 90 percent of the entire cost of any project, including all incidental expenses, constituting at least 66 2/3 percent in frontage, in area or other property basis used for the computation of assessments as therein provided, as the case may be, by written petition, initiates the acquisition of any project which the city council is authorized to initiate, subject to the following limitations:
1. The city council may incorporate such project in any improvement district or districts.
2. The city council need not proceed with the acquisition of any such project or any part thereof after holding a hearing thereon, pursuant to section 20.55 hereof, and all provisions thereof thereunto enabling, if the city council shall determine that it is not for the public interest that the proposed project, or a part thereof, be then ordered to be made.
3. Any particular kind of project, or any material therefor, or any part thereof, need not be acquired or located, as provided in the petition, if the city council shall determine that such is not for the public interest.
4. The city council need not take any proceedings or action upon receiving any such petition, if the city council shall thereupon determine by resolution that the acquisition of the designated project probably is not feasible for a reason or reasons stated in such resolution, and if the resolution requires a cash deposit or a pledge of property in at least an amount or value therein designated and found therein by the city council probably to be sufficient to defray the expenses and costs incurred by the city taken preliminary to and in the attempted acquisition of the project designated in the petition, and if such deposit or pledge is not made with the treasurer within 20 days after one publication in a newspaper of general circulation in the city of a notice of the resolutions adoption and of its content in summary form.
κ1963 Statutes of Nevada, Page 720 (CHAPTER 347, AB 502)κ
receiving any such petition, if the city council shall thereupon determine by resolution that the acquisition of the designated project probably is not feasible for a reason or reasons stated in such resolution, and if the resolution requires a cash deposit or a pledge of property in at least an amount or value therein designated and found therein by the city council probably to be sufficient to defray the expenses and costs incurred by the city taken preliminary to and in the attempted acquisition of the project designated in the petition, and if such deposit or pledge is not made with the treasurer within 20 days after one publication in a newspaper of general circulation in the city of a notice of the resolutions adoption and of its content in summary form. An additional deposit or pledge may from time to time be similarly so required as a condition precedent to the continuation of action by the city. Whenever such deposit or pledge is so made and thereafter the city council shall determine that such acquisition is not feasible within the reasonable period of time, the city council may require that all or any portion of the costs theretofore incurred in connection therewith by the city after its receipt of the petition shall be defrayed from such deposit or the proceeds of such pledged property in the absence of such defrayment of costs by petitioners or other interested persons within 20 days after the determination by resolution of the amount so to be defrayed and after such published notice thereof.
Section 20.52. Upon the filing of such a petition, the city council shall proceed in the same manner as is provided for hereby where proceedings are initiated by the city council, except as otherwise expressly provided or necessarily implied in section 20.51 hereof.
Section 20.53. 1. More than one project may be combined in one improvement district when the city council determines such projects may be combined together in an efficient and economical improvement district.
2. If in the combination of projects, they shall be separate and distinct by reason of substantial difference in their character or location, or otherwise, each such project shall be considered as a unit or quasi-improvement district for the purpose of petition, remonstrance and assessment.
3. In case of such combination, the city council shall designate the project and area constituting each such unit, and in the absence of an arbitrary and unreasonable abuse of discretion, its determination that there is or is not such a combination and its determination of the project and area constituting each such unit shall be final and conclusive.
4. The costs of acquiring or improving each such project shall be segregated for the levy of assessments and an equitable share of the incidental costs shall be allocated to each such unit.
Section 20.54. 1. Any estimate of cost required or authorized herein shall not constitute a limitation upon such cost nor a limitation upon the rights and powers of the city council or of any officers, agents or employees of the city, except as herein otherwise expressly stated.
κ1963 Statutes of Nevada, Page 721 (CHAPTER 347, AB 502)κ
2. No assessment, however, shall exceed the amount of the estimate of maximum special benefits to the tract assessed from any project.
Section 20.55. 1. In the provisional order the city council shall set a time at least 20 days thereafter and place at which the owners of the tracts to be assessed, or any other persons interested therein, may appear before the city council and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered, as to:
(a) The estimated cost thereof.
(b) The estimated amount thereof to be assessed against each tract in the improvement district.
2. Notice shall be given:
(a) By publication.
(b) By mail.
(c) By posting.
3. Proof of publication shall be by affidavit of the publisher.
4. Proof of mailing and proof of posting shall be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.
5. Proof of publication, proof of mailing and proof of posting shall be maintained in the records of the city until all the assessments appertaining thereto shall have been paid in full, principal, interest, any penalties, and any collection costs.
6. The notice shall describe:
(a) The kind of project or projects proposed (without mentioning minor details or incidentals).
(b) The estimated cost of the projects, or the estimated total amount of projects, and the part or portion, if any, to be paid from sources other than assessments.
(c) The basis for apportioning the assessments, which assessments shall be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.
(d) The number of installments and time in which the assessments will be payable.
(e) The maximum rate of interest on unpaid installments of assessments.
(f) The extent of the improvement district to be assessed (by boundaries or other brief description).
(g) The time and place when and where the city council will consider the ordering of the proposed projects and hear all complaints, protests and objections that may be made in writing and filed with the clerk at least 3 days prior thereto, or verbally at the hearing, concerning the same, by the owner of any tract to be assessed or any person interested.
(h) The fact that the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be seen and examined at the office of the clerk during business hours, at any time, by any person so interested.
κ1963 Statutes of Nevada, Page 722 (CHAPTER 347, AB 502)κ
and examined at the office of the clerk during business hours, at any time, by any person so interested.
(i) The fact, in general terms, that unless there be no substantial change, a substantial change in certain existing street elevations or grades will result from the project or projects proposed, without necessarily including any statement in detail of the extent or location of any such change.
7. The notice shall also state:
(a) That regardless of the basis used for apportioning assessments, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
(b) That if, within the time specified in the notice, complaints, protests and objections in writing, i.e., all written remonstrances, against acquiring or improving the project proposed by initiation of the city council shall be filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein shall not be acquired or improved:
(1) Except in case the city shall pay one-half or more of the total cost of the project with funds derived from other than the levy or assessments; or
(2) Except in the case of any project authorized hereunder constituting not more than 1,320 feet (including intersections) remaining unimproved in any street (including an alley) between improvements already made to the same street, in which case the city council may on its own motion cause the intervening and unimproved part of the street to be improved and the improvements shall not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the city council in its sole discretion, shall deem such written complaints, protests and objections proper to cause the improvement to be stayed or prevented; provided, that at least 50 percent of the total number of tracts of property to be assessed for the improvements to the unimproved part of the street shall contain a permanent structure or building, or any other type of improvement of a permanent nature.
8. Nothing herein contained shall be construed as requiring the notice to state either or both exceptions stated in subparagraphs (1) and (2), of paragraph (b) of subsection 7 of this section 20.55, unless either or both exceptions are determined by the city council to be relevant to the proposed improvement district to which the notice appertains.
9. All proceedings may be modified or rescinded wholly or in part by resolution adopted by the city council at any time prior to the passage of the ordinance adopted pursuant to section 20.59 hereof, creating the improvement district, and authorizing the project.
10. No substantial change in the improvement district, details, preliminary plans or specifications or estimates shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
κ1963 Statutes of Nevada, Page 723 (CHAPTER 347, AB 502)κ
preliminary plans or specifications or estimates shall be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except for the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.
11. The engineer, however, shall have the right to make minor changes in time, plans and materials entering into the work at any time before its completion.
Section 20.56. 1. On the date and at the place fixed for such hearing any and all property owners interested in such project may, by written complaints, protests or objections, present their views in respect to the proposed projects to the city council, or present them orally, and the city council may adjourn the hearing from time to time.
2. After the hearing has been concluded, after all written complaints, protests and objections have been read and duly considered, and after all persons desiring to be heard in person have been heard, the city council shall consider the arguments, if any, and any other relevant material put forth.
3. Thereafter, if the city council shall determine that it is not for the public interest that the proposed project, or a part thereof, be made, the city council shall make an order by resolution to that effect, and thereupon the proceeding for the project, or the part thereof, determined against by such order, shall stop and shall not be begun again until the adoption of a new resolution.
4. Any complaint, protest or objection to the regularity, validity and correctness of the proceedings and instruments taken, adopted or made prior to the date of the hearing shall be deemed waived unless presented in writing at the time and in the manner herein specified.
Section 20.57. Any person filing a written complaint, protest or objection as provided in section 20.56 hereof, shall have the right, within 30 days after the city council has finally passed on such complaint, protest or objection by resolution as provided in subsection 3 of section 20.56 hereof, or by ordinance as provided in subsection 1 of section 20.59 hereof, to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination, but thereafter all actions or suits attacking the validity of the proceedings and the amount of benefits shall be perpetually barred.
Section 20.58. 1. After the hearing, after the city council has disposed of all complaints, protests and objections, verbal and in writing, and after the city council has determined that there exists either or both exceptions stated in subparagraphs (1) and (2) of paragraph (b) of subsection 7 of section 20.55 hereof, or that there were not filed with the clerk complaints, protests and objections in writing and signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as stated in the provisional order, of the tracts to be assessed in the improvement district or in the assessment unit, if any, and the city council has jurisdiction to proceed, the city council shall determine whether to proceed with the improvement district, and with each assessment unit, if any, except as herein otherwise provided.
κ1963 Statutes of Nevada, Page 724 (CHAPTER 347, AB 502)κ
determine whether to proceed with the improvement district, and with each assessment unit, if any, except as herein otherwise provided.
2. If the city council desires to proceed and desires any modification, by motion or resolution it shall direct the engineer to prepare and present to the city council:
(a) A revised and detailed estimate of the total cost, including, without limiting the generality of the foregoing, the cost of acquiring or improving each proposed project and of each of the incidental costs, which revised estimate shall not constitute a limitation for any purpose.
(b) Full and detailed plans and specifications for each proposed project designed to permit and encourage competition among the bidders, if any project is to be acquired by construction contract.
(c) A revised map and assessment plat showing, respectively, the location of each project and the tracts to be assessed therefor, not including any area or project not before the city council at a provisional order hearing.
3. The resolution, a separate resolution, or the ordinance creating the improvement district may combine or divide the proposed project or projects into suitable construction units for the purpose of letting separate and independent contracts, regardless of the extent of any project constituting an assessment unit and regardless of whether a portion or none of the cost of any project is to be defrayed other than by the levy of special assessments.
4. Nothing, however, herein contained shall be construed as not requiring the segregation of costs of unrelated projects for assessment purposes as herein provided.
Section 20.59. 1. When an accurate estimate of costs, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the city council, it shall, by ordinance, create the district and order the proposed project or projects to be acquired or improved.
2. The ordinance shall prescribe:
(a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.
(b) The kind and location of each project proposed (without mentioning minor details).
(c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.
(d) The character and extent of any construction units.
3. The engineer may further revise such cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended prior to letting any construction contract therefor and prior to any work being done other than by independent contract let by the city.
4. The ordinance, as amended, if amended, shall order the work to be done as hereinafter provided.
κ1963 Statutes of Nevada, Page 725 (CHAPTER 347, AB 502)κ
Section 20.60. 1. Any construction work for any project shall be done in any one or more of the following three ways:
(a) By independent contract.
(b) By use of city-owned or leased equipment and city officers, agents and employees.
(c) By another public body or the Federal Government acquiring or improving a project or any interest therein which is herein authorized, which results in general benefits to the city and in special benefits to the assessable property being assessed therefor by the city within its boundaries.
2. Any project or any interest therein not involving construction work appertaining to a capital improvement may be acquired or improved pursuant to any appropriate contract, or otherwise, including, without limiting the generality of the foregoing, the condemnation or other acquisition of real property. In such case nothing herein in subsection 1 of this section 20.60 nor in sections 20.61 to 20.63, inclusive, hereof shall be applicable.
3. Notwithstanding a project herein authorized or any interest therein may not be owned by the city nor be directly acquired or improved, nor the costs thereof directly incurred, by the city, and notwithstanding the project herein authorized or any interest therein may be located on land, an easement or other interest therein, or other real property owned by the Federal Government or a public body other than the city, the city shall have the power:
(a) To acquire or improve, or both acquire and improve, or to cooperate in the acquisition or improvement of, or both the acquisition and improvement of, the project, or any interest therein, with the Federal Government or any public body (other than the city), pursuant to agreement between or among the city and such other bodies corporate and politic, so long as the project or the interest therein acquired or improved, or both acquired and improved results in general benefits to the city and in special benefits to the assessable property being assessed therefor by the city within its boundaries.
(b) To levy special assessments on such assessable property to defray all or any part of the costs of the project or any interest therein, or to defray all or any part of the citys share of such costs if all costs are not being defrayed by the city.
(c) To issue bonds and to exercise other powers herein granted and appertaining to such acquisition or improvement, or both.
Section 20.61. 1. No contract for doing construction work for acquiring or improving the project contemplated shall be made or awarded, nor shall the city council incur any expense or liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications and notices, until after the provisional order hearing and notice thereof provided for herein have been given and had.
2. Nothing contained in this section shall be construed as preventing the city council from advertising by publication for proposals for doing the work whenever the city council sees fit, but the contract shall not be made or awarded before the time stated in subsection 1.
κ1963 Statutes of Nevada, Page 726 (CHAPTER 347, AB 502)κ
3. In the case of construction work done by independent contract for any project, or portion thereof, in any improvement district, the city shall request competitive bids and publish notice stating that bids will be received at a time and place designated therein.
4. The city may contract only with the responsible bidder submitting the lowest and best bid upon proper terms.
5. The city shall have the right to reject any and all bids and to waive any irregularity in any bid.
6. Any contract may be let on a lump sum or on a unit basis.
7. No contract shall be entered into for such work unless the contractor shall give an undertaking with a sufficient surety or sureties approved by the city council and in an amount fixed by it for the faithful performance of the contract.
8. Upon default in the performance of any contract, any designated official, as directed by motion of the city council, may advertise and relet the remainder of the work without further ordinance or resolution and deduct the cost from the original contract price and recover any excess cost by suit on the original bond, or otherwise.
9. All contracts shall provide among other things that the person entering into the contract with the city will pay for all materials furnished and services rendered for the performance of the contract, and that any person furnishing the materials or rendering the services may maintain an action to recover for the same against the obligor in the undertaking as though the person was named therein.
10. If any contract or agreement shall be made in violation of the provisions of this section, it shall be voidable, and no action shall be maintained thereon by any party thereto against the city.
11. To the extent the city makes any payment thereunder, such contract or agreement shall be valid, and any such payment may be included in any cost defrayed by the levy of assessments, unless theretofore the city elects to void the contract or agreement in its entirety and to recover any such payment from the party to whom made.
12. The city council, except as expressly limited in this section, may, in the letting of contracts, impose such conditions upon bidders with regard to bonds and securities, and such guaranties of good and faithful performance and completion of any work and the keeping of the same in repair, and providing for any further matter or thing in connection therewith, as may be considered by the city council to be advantageous to the city and to all interested.
Section 20.62. 1. In the case of construction work done by the use of city-owned or leased equipment and city officers, agents and employees for any project, or portion thereof, in any improvement district, supplies and materials may be purchased or otherwise acquired therefor.
2. All supplies and materials purchased by the city for any improvement district costing $500 or more shall be purchased only after the city has given notice by publication therefor.
3. The city shall accept the lowest bid, kind, quality and material being equal, but the city shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid.
κ1963 Statutes of Nevada, Page 727 (CHAPTER 347, AB 502)κ
being equal, but the city shall have the right to reject any and all bids, to waive any irregularity in any bid, and to select a single item from any bid.
4. The provision as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a noncompetitive market or solely by a manufacturers authorized dealer.
Section 20.63. 1. In the case of construction work done by agreement with one or more public bodies or the Federal Government, or both, for any project, or portion thereof, in any improvement district, the city may enter into and carry out any contract or establish or comply with the rules and regulations concerning labor and materials and other related matters in connection with any project or portion thereof as the city may deem desirable or as may be requested by the Federal Government or any public body other than the city which other public body is a party to any such contract with the city, that may assist in the financing of any project or any part thereof, regardless of whether the city is a party to any construction contract or other contract appertaining to incurring costs of the project.
2. Any project or projects, any portion of the cost of which may be defrayed by the city by the levy of special assessments hereunder, may be acquired with the cooperation and assistance of, or under a contract or contracts let by, or with labor, or supplies and materials, and all of such furnished by, any one or more such public bodies or the Federal Government, or both.
3. Advantage may be taken of any offer from any source to complete any project or projects on a division of expense or responsibility.
4. The engineer on behalf of and in the name of the city is authorized to acquire or improve any such project or projects in such a manner, when so authorized by the ordinance creating the improvement district or any amendment thereto.
Section 20.64. After the provisional order hearing and at the time of the passage of the ordinance creating any improvement district and any projects for the improvement district, or any amendment thereof, if any tract or any railway company to be assessed in the improvement district has the whole or any part of the proposed projects, conforming to the general plan, the same may be adopted in whole or in part, or may be changed to conform to the general plan, if deemed practical, and the owner of such real estate shall, when the assessment is made, be credited with the amount which is saved by reason of adapting or adopting such existing improvements.
Section 20.65. 1. For the purpose of paying any contractor or otherwise defraying any costs of the project as the same become due from time to time until moneys are available therefor from the levy and collection of assessments and any issuance of bonds, the city council may issue interim warrants.
2. Any interim warrants issued for any construction work shall be issued only upon estimates of the engineer.
κ1963 Statutes of Nevada, Page 728 (CHAPTER 347, AB 502)κ
3. Any interim warrants shall bear such date or dates, shall mature in such denomination or denominations at such time or times, or at any time upon call, shall bear interest at a rate or rates not exceeding 7 percent per annum, and shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the county treasurer, as the city council may determine.
4. Any interim warrants may be issued with privileges for registration for payment as to principal only, or as to both principal and interest, may be negotiable or nonnegotiable, may be general obligations for the payment of which the city council pledges the full faith and credit of the city, or may be special obligations payable from designated special assessments, any bond proceeds, and any other moneys designated to be available for the redemption of such interim warrants, and generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the city council by ordinance.
Section 20.66. 1. After the making of any construction contract, or after the determination of the net cost to the city, but not necessarily after the completion of the project, the city council, by resolution, shall:
(a) Determine the cost of the project to be paid by the assessable property in the improvement district.
(b) Order the engineer to make out an assessment roll containing, among other things:
(1) The name of each last-known owner of each tract to be assessed, or if not known, that the name is unknown.
(2) A description of each tract to be assessed, and the amount of the proposed assessment thereon, apportioned upon the basis for assessments stated in the provisional order for the hearing on the project.
(c) Cause a copy of the resolution to be furnished by the clerk to the engineer.
2. In fixing the amount or sum of money that may be required to pay the costs of the project, the city council need not necessarily be governed by the estimates of the costs of such project provided for herein, but the city council may fix such other sum, within the limits prescribed, as it may deem necessary to cover the cost of such project.
3. If by mistake or otherwise any person is improperly designated in the assessment roll as the owner of any tract, or if the same is assessed without the name of the owner, or in the name of a person other than the owner, such assessment shall not for that reason be vitiated but shall, in all respects, be as valid upon and against such tract as though assessed in the name of the owner thereof; and when the assessment roll has been confirmed, such assessment shall become a lien on such tract and be collected as provided by law.
Section 20.67. 1. If the assessment is made upon the basis of frontage, the engineer shall assess each tract with such relative portion of the whole amount to be levied as the length of front of such premises bears to the whole frontage of all the tracts to be assessed, and the frontage of all tracts to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the engineer.
κ1963 Statutes of Nevada, Page 729 (CHAPTER 347, AB 502)κ
frontage, the engineer shall assess each tract with such relative portion of the whole amount to be levied as the length of front of such premises bears to the whole frontage of all the tracts to be assessed, and the frontage of all tracts to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the engineer.
2. If the assessment is directed to be according to another basis, the engineer shall assess upon each tract such relative portion of the whole sum to be levied as is proportionate to the estimated benefit according to such basis.
3. Regardless of the basis used, in cases of wedge or V or any other irregularly shaped tracts, an amount apportioned thereto shall be in proportion to the special benefits thereby derived.
4. No assessment shall exceed the amount of the estimate of maximum special benefits to the tract assessed, as provided in subsection 2 of section 20.54 hereof.
5. No assessment for any one project shall exceed the reasonable market value of the tract assessed, as determined by the city council.
6. Any amount which would be assessed against any tract in the absence of both limitations provided in subsections 4 and 5 of this section 20.67 shall be defrayed by other than the levy of assessments.
Section 20.68. The city council shall determine what amount or part of every expense shall be charged as an assessment and the tracts upon which the same shall be levied; and as often as the city council deems it expedient, it shall require all of the several tracts chargeable therewith respectively to be reported by the clerk to the engineer for assessment.
Section 20.69. 1. Upon receiving the copy of the resolution mentioned in section 20.66 hereof, the engineer shall make an assessment roll and state a proposed assessment therein upon each tract so reported to him, and he shall thereby defray the whole amount or amounts of all charges so directed to be levied upon each of such tracts respectively. When completed, he shall report the assessment roll to the city council.
2. When any assessment is reported by the engineer to the city council, as directed in this section, the same shall be filed in the office of the clerk and numbered.
3. Such report shall be signed by the engineer and made in the form of a certificate endorsed on the assessment roll as follows:
(Form of Certificate)
|
State of Nevada
County of Washoe |
} |
ss. |
To the City Council of the City of Sparks, Washoe County, Nevada:
I hereby certify and report that the foregoing is the assessment roll and assessments made by me pursuant to your resolution adopted (give date), for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for ....................................
κ1963 Statutes of Nevada, Page 730 (CHAPTER 347, AB 502)κ
(give date), for the purpose of paying that part of the cost which you decided should be paid and borne by special assessments for .................................... Improvement District No. .....................; that in making such assessments, I have, as near as may be, and according to my best judgment, conformed in all things to the direction contained in your resolution hereinbefore referred to.
.......................................................................
Engineer
Dated............................................., Nevada, .............................., 19..........
Section 20.70. 1. Upon receiving the assessment roll, the city council, by resolution, shall:
(a) Fix a time and place when and where complaints, protests and objections that may be made in writing or verbally concerning the same, by the owner of any tract or any person interested, may be heard.
(b) Order the clerk to give notice of the hearing.
2. The clerk shall give notice by publication and by mail of the time and place of such hearing, which notice shall also state:
(a) That the assessment roll is on file in his office.
(b) The date of filing the same.
(c) The time and place when and where the city council will hear all complaints, protests and objections that may be made in writing or verbally to the assessment roll and to the proposed assessments by the parties thereby aggrieved.
(d) That any complaint, protest or objection to the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, shall be deemed waived unless filed in writing with the clerk at least 3 days prior to the assessment hearing.
Section 20.71. 1. At the time and place so designated, the city council shall hear and determine any written complaint, protest or objection, filed as provided in section 20.70 hereof, any verbal views expressed in respect to the proposed assessments, assessment roll or assessment procedure, and the city council may adjourn the hearing from time to time.
2. The city council, by resolution, shall have power, in its discretion, to revise, correct, confirm or set aside any assessment and to order that such assessment be made de novo.
Section 20.72. 1. After the assessment roll is in final form and is so confirmed by resolution, the city by ordinance shall, by reference to such assessment roll as so modified, if modified, and as confirmed by such resolution, levy the assessments in the roll.
2. Such decision, resolution and ordinance shall be a final determination of the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract and parcel of land.
3. Such determination by the city council shall be conclusive upon the owners of the property assessed.
4. The roll, when endorsed by the clerk as the roll designated in the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
κ1963 Statutes of Nevada, Page 731 (CHAPTER 347, AB 502)κ
the assessment ordinance, shall be prima facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and the validity of the assessments and the assessment roll.
Section 20.73. 1. Within the 15 days immediately succeeding the publication of the assessment ordinance, any person who has filed a complaint, protest or objection in writing, as hereinbefore provided, shall have the right to commence an action or suit in any court of competent jurisdiction to correct or set aside such determination.
2. Thereafter all actions or suits attacking the regularity, validity and correctness of the proceedings, of the assessment roll, of each assessment contained therein, and of the amount thereof levied on each tract, including, without limiting the generality of the foregoing, the defense of confiscation, shall be perpetually barred.
Section 20.74. The city council shall have power to assess, against the property of any railroad or street railroad occupying or abutting any street ordered to be improved, the whole cost of the street improvements between or under the rails and tracks of the roadbed or street railroad, and 2 feet on each side of the track or tracks, and shall have power by ordinance to levy an assessment upon the property of the railroad or street railroad, including its roadbed, ties, rails, fixtures, chattels, rights and franchises, which shall constitute an assessment lien, which may be enforced either by foreclosure of the lien and sale of the property in the manner provided by law for taxes or by suit against the owner.
Section 20.75. 1. The cost of improvements in street intersections may be segregated.
2. Such cost, except the share assessable to street or other railway companies, may be assessed upon all frontage of the street improved (excluding an alley) and on intersecting streets within a distance of one-half block in each direction from such intersections, in proportion to the frontage of each lot or tract on the street improved (excluding an alley) or on an intersecting street, or on both within such distance.
3. The cost of the improvement of an alley intersection may be assessed upon the assessable property in the same block extending to the nearest street intersection and half the length of the block along its sides. However where the sides of blocks are of unequal length, the city council may determine the limit of assessment.
4. In the alternative, the cost of improving street intersections (including alley intersections) may be treated as one of the costs of any project without separately segregating such intersection cost. In such case the total cost of any project shall be assessed as provided in subsections 1, 2 and 3 of this section 20.75 upon the basis determined without any separate assessment for intersection costs.
Section 20.76. 1. All assessments made in pursuance of the assessment ordinance shall be due and payable without demand within 30 days after the effective date of the assessment ordinance.
2. All such assessments may at the election of the owner be paid in installments with interest as hereinafter provided, whenever the city council so authorizes the payment of assessments.
κ1963 Statutes of Nevada, Page 732 (CHAPTER 347, AB 502)κ
in installments with interest as hereinafter provided, whenever the city council so authorizes the payment of assessments.
3. Failure to pay the whole assessment within such period of 30 days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or otherwise, to pay in installments the amount of the assessment then unpaid.
4. All persons so electing to pay in installments shall be conclusively considered and held as consenting to such projects, and such election shall be conclusively considered and held as a waiver of any and all rights to question the power or jurisdiction of the city to acquire or improve the projects, the quality of the work, the regularity or sufficiency of the proceedings or the validity or correctness of the assessment.
5. The owner of any tract assessed may at any time pay the whole unpaid principal with the interest accrued to the next interest payment date, together with penalties, if any.
6. Subject to the foregoing provisions, all installments, both of principal and interest, shall be payable at such times as may be determined in and by the assessment ordinance.
Section 20.77. 1. Failure to pay any installment, whether principal or interest, when due shall ipso facto cause the whole amount of the unpaid principal to become due and payable immediately at the option of the city, the exercise of such option to be indicated by the commencement of foreclosure proceedings.
2. At any time prior to the day of sale, the owner may pay the amount of delinquent installments, with accrued interest, all penalties, and costs of collection accrued, including but not necessarily limited to any attorneys fees, and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been made.
Section 20.78. 1. In case of such election to pay in installments, the assessment shall be payable in not less than two nor more than 20 substantially equal annual installments, or not less than four nor more than 40 substantially equal semiannual installments, or not less than eight nor more than 80 quarter-annual installments of principal.
2. Interest in all cases on the unpaid principal accruing from the effective date of the assessment ordinance until the respective installments due dates shall be payable annually, or semiannually, or quarter-annually, at a rate or rates not exceeding 7 percent per annum.
3. Nothing herein contained shall be construed as limiting the discretion of the city council in determining whether assessments shall be payable in installments and the time the first installment of principal or interest, or both, and any subsequent installments thereof, shall become due.
4. The city council in the assessment ordinance shall state the number of installments in which assessments may be paid, the period of payment, the rate or rates of interest upon the unpaid installments of principal to their respective due dates, any privileges of making prepayments and any premium to be paid to the city for exercising any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
κ1963 Statutes of Nevada, Page 733 (CHAPTER 347, AB 502)κ
any such privilege, the rate of interest upon unpaid principal and accrued interest after any delinquency at a rate not exceeding 1 percent per month, and any penalties and collection costs payable after delinquency.
Section 20.79. 1. The payment of the amount so assessed, including each installment thereof, the interest thereon, and any penalties and collection costs, shall be secured by an assessment lien upon the tract assessed from the effective date of the assessment ordinance.
2. Each such lien upon each tract assessed shall:
(a) Be coequal with the latest lien thereon to secure the payment of general taxes.
(b) Not be subject to extinguishment by the sale of any property on account of the nonpayment of general taxes.
(c) Be prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes.
3. No statute of limitations shall begin to run against any assessment nor the assessment lien to secure its payment until after the last installment of principal thereof shall become due.
Section 20.80. 1. Should any tract be divided after a special assessment thereon has been levied and divided into installments and before the collection of all the installments, the city council may require the county assessor to apportion the uncollected amounts upon the several parts of land so divided.
2. The report of such apportionment, when approved, shall be conclusive on all the parties, and all assessments thereafter made upon such tract shall be according to such subdivision.
Section 20.81. 1. Should any assessment prove insufficient to pay for the project or work for which it is levied and the expense incident thereto, the amount of such deficiency shall be paid from the general fund of the city.
2. If a greater amount has been collected than was necessary, the excess shall be refunded ratably to those by whom it was paid.
Section 20.82. 1. Whenever any assessment is, in the opinion of the city council, invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction adjudges such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any parts of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made.
2. All the proceedings for such reassessment and for the collecting thereof shall be conducted in the same manner as provided for the special assessment herein.
Section 20.83. Whenever any sum or part thereof levied upon any tracts in the assessment so set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment of the tracts.
Section 20.84. 1. When any assessment is so levied by ordinance and is payable, the city council shall direct the clerk:
κ1963 Statutes of Nevada, Page 734 (CHAPTER 347, AB 502)κ
(a) To report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.
(b) To require the county treasurer to collect the several sums so assessed as a tax upon the several tracts to which they were assessed.
2. Thereupon the amount so levied in the assessment roll shall be collected in the manner provided in the ordinance levying the assessments, and enforced, both before and after delinquency, by the county treasurer and other county officers, as provided by law, with the other taxes in the general assessment roll of the county, and in the same manner.
3. Such amount shall continue to be a lien upon the tracts assessed until paid, as provided in section 20.79 hereof.
4. When such amount shall be collected, it shall be credited to the proper funds.
5. Nothing herein shall be construed as preventing the city from collecting any assessment by suit in the name of the city council; and the assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.
Section 20.85. 1. Whenever by mistake, inadvertence or for any cause any tract otherwise subject to assessment, within any improvement district, shall have been omitted from the assessment roll for such project, the city council may, upon its own motion or upon the application of the owner of any tract within such improvement district charged with the lien of an assessment for any project, assess the same in accordance with the special benefits accruing to such omitted property by reason of such project, and in proportion to the assessments levied upon other tracts in such improvement district.
2. In any such case, the city council shall first pass a resolution setting forth that certain tract therein described was omitted from such assessment, and notifying all persons who may desire to object thereto to appear at a meeting of the city council at a time specified in such resolution and present their objection thereto, and directing the engineer to report to the city council at or prior to the date fixed for such hearing the amount which should be borne by each such tract so omitted, which notice resolution shall be published and given by mail to the last-known owner or owners of each such tract.
3. At the conclusion of such hearing or any adjournment thereof, the city council shall consider the matter as though the tract had been included upon the original roll, and may confirm the same or any portion thereof by ordinance.
4. Thereupon, the assessment or assessments on such roll of each omitted tract shall be collected, the payment of which shall be secured by an assessment lien, as other assessments.
Section 20.86. 1. Whenever the city council has made any contract for any project provided herein or shall hereafter make any assessment against any tract within any improvement district for any purpose authorized herein, and has in making such contract or assessment acted in good faith and without fraud, or shall hereafter act in good faith and without fraud, the contract and assessment shall be valid and enforcible as such, and the assessment shall be a lien upon the tract upon which the same purports to be a lien.
κ1963 Statutes of Nevada, Page 735 (CHAPTER 347, AB 502)κ
any purpose authorized herein, and has in making such contract or assessment acted in good faith and without fraud, or shall hereafter act in good faith and without fraud, the contract and assessment shall be valid and enforcible as such, and the assessment shall be a lien upon the tract upon which the same purports to be a lien.
2. It shall be no objection to the validity of such contract, assessment or lien that:
(a) The contract for such project was not awarded in the manner or at the time required hereby, or otherwise,
(b) The assessment was made by an unauthorized officer or person, if the same shall have been confirmed by the city council.
(c) The assessment is based upon an improper basis of benefits to the tract within such improvement district, unless it shall be made to appear that the city council acted fraudulently or oppressively in making such assessment.
3. All assessments heretofore or hereafter made which are made by the city council in good faith are hereby declared to be valid and in full force and effect, and to be collectible in the manner which is now or may hereafter be provided by law for the collection of assessments for the purposes specified in this section.
Section 20.87. Whenever any assessment, or installment thereof, shall be paid, or any delinquency therefor be redeemed, or any judgment therefor be paid by any joint owner of any property assessed for any improvement, such joint owner may, after demand and refusal, by an action brought in the district court, recover from each of his coowners the respective amounts of such payment which each such coowner should bear, with interest thereon at 10 percent per annum from the date of such payments, and costs of the action, and the joint owner making such payment shall have a lien upon the undivided interest of his coowners in and to such property from date of such payment.
Section 20.88. Whenever, through error or inadvertence, any person shall pay any assessment, or installment thereof, upon the lands of another, such payor may, after demand and refusal, by an action in the district court, recover from the owner of such lands the amount so paid and costs of the action.
Section 20.89. If in any action it appears that the assessment has not been properly made against the defendant, or the tract sought to be charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the defendant, or the tract in question, render judgment for the amount properly chargeable against such defendant or upon such tract.
Section 20.90. The city council shall likewise have power to issue negotiable coupon bonds in an amount not exceeding the total unpaid assessments levied to pay the cost of any project, howsoever acquired, as hereinafter provided.
Section 20.91. If any improvement district bonds or any deed made pursuant to a foreclosure sale shall recite that the proceedings with reference to making any project have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the tract described therein have been performed, such recitals shall be conclusive evidence of the facts so recited.
κ1963 Statutes of Nevada, Page 736 (CHAPTER 347, AB 502)κ
with reference to making any project have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the tract described therein have been performed, such recitals shall be conclusive evidence of the facts so recited.
Section 20.92. 1. Any bonds issued pursuant hereto may be sold in such manner as may be approved by the city council 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 city council, below par at a discount not exceeding 7 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 7 percent per annum computed to maturity according to standard tables of bond values if the maximum or any lesser amount of discount permitted by the city council shall have been capitalized as a cost of the project.
3. No bond interest rate shall at any time exceed the interest rate (or lower or lowest rate if more than one) borne by the special assessments, but any such bond interest rate may be the same as or less than any assessment interest rate, subject to the aforesaid limitation, as the city council may determine.
4. 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.
5. The city council may employ legal, fiscal, engineering and other expert services in connection with any project herein authorized and the authorization, issuance and sale of bonds.
6. 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.
7. Any unexpended balance of such bond proceeds remaining after the completion of the project for which such bonds were issued 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 the proceedings authorizing their issuance.
8. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued.
9. The purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the city or any of its officers, agents and employees.
10. The city council may enter into a contract to sell special assessment bonds at any time; but, any other provisions hereof notwithstanding, if the city council so contracts before it awards a construction contract or otherwise contracts for acquiring or improving the project, the city council may terminate the contract to sell the bonds, if, before the awarding of the construction contract or otherwise contracting for the acquisition or improvement of the project, it determines not to acquire or improve the project, and if the city council has not elected to proceed under subsection 2 or 3 of section 20.60 hereof, but has elected to proceed under subsection 1 thereof.
κ1963 Statutes of Nevada, Page 737 (CHAPTER 347, AB 502)κ
council has not elected to proceed under subsection 2 or 3 of section 20.60 hereof, but has elected to proceed under subsection 1 thereof.
11. If the city council ceases to have jurisdiction to proceed, because the owners of more than one-half of the frontage to be assessed, or of such area, zone or other assessment basis, file written complaints, protests and objections to the project, as provided in section 20.55 hereof, or for any other reason, any contract to sell special assessment bonds shall thereupon be terminated and inoperative.
Section 20.93. The assessments, when levied, shall be and remain a lien on the respective tracts of land assessed until paid, as provided herein, and, when collected, shall be placed in a special fund and as such shall at all times constitute a sinking fund for and be deemed specially appropriated to the payment of the assessment bonds and interest thereon, and shall not be used for any other purpose until the bonds and interest thereon are fully paid, except for the assessments paid during the 30-day payment period provided in section 20.76 hereof and applied directly to the costs of the project.
Section 20.94. 1. If the special fund created by the proceeds of the assessments is insufficient to pay such bonds and interest thereon as they become due, the deficiency shall be paid out of the general fund of the city.
2. If the general fund shall be insufficient to pay any such deficiency promptly, the city council shall levy, and it shall be its duty to levy, general (ad valorem) taxes upon all property in the city which is by law taxable for state, county and city purposes, without regard to any charter tax limitation now or hereafter existing, and without limitation as to rate or amount, fully sufficient, after making due allowance for probable delinquencies, to provide for the prompt payment of such bonds as they become due, both principal and interest, but subject to the limitation of section 2 of article 10 of the constitution of the state.
3. 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.
Section 20.95. 1. Bonds issued pursuant hereto shall not be a debt of the city, and the city shall not be liable thereon, nor shall it thereby pledge its full faith and credit for their payment. Assessment bonds shall not be payable out of any funds other than assessments and general tax proceeds.
2. Each such bond issued hereunder shall recite in substance that such bonds and the interest thereon are payable solely from the assessments and general tax proceeds pledged to the payment thereof.
3. The payment of bonds shall not be secured by an encumbrance, mortgage or other pledge of property of the city, except for the assessments and general tax proceeds pledged for the payment of bonds. No property of the city, subject to such exceptions, shall be liable to be forfeited or taken in payment of the bonds.
Section 20.96. 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 738 (CHAPTER 347, AB 502)κ
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.
Section 20.97. Assessment bonds shall not bear interest at a rate or rates exceeding 7 percent per annum.
Section 20.98. 1. Any assessment bonds:
(a) Shall bear such date or dates;
(b) Shall mature in such denomination or denominations at such time or times, but in no event commencing later than 1 year nor exceeding 20 years from their date;
(c) Shall bear interest which may be 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;
(d) Shall be payable in such medium of payment at such place or places within and without the state, including but not limited to the office of the county treasurer; and
(e) At the option of the city council, 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,
as provided by ordinance.
2. 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, with such provisions for conversion into bonds of other denominations, and with such other details, as may be provided by the city council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
3. Pending preparations of the definitive bonds, interim or temporary bonds, in such form and with such provisions as the city council may determine, may be issued.
4. Except for payment provisions herein expressly provided, the bonds, any interest coupons thereto attached, and such interim or temporary bonds shall be fully negotiable within the meaning of and for all the purposes of chapter 92 of NRS (The Negotiable Instruments Law).
5. Notwithstanding any other provisions of law, the city council, in any proceedings authorizing bonds hereunder, may:
(a) Provide for the initial issuance of one or more bonds (in this subsection 5 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.
κ1963 Statutes of Nevada, Page 739 (CHAPTER 347, AB 502)κ
(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 payment of interest on such bond.
(d) 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 both principal and interest, or either, at the option of the holder.
6. If lost or completely destroyed, any bond may be reissued in the form and tenor of the lost or destroyed bond upon the owners furnishing, to the satisfaction of the city council:
(a) Proof of ownership.
(b) Proof of loss or destruction.
(c) A surety bond in twice the face amount of the bond and coupons.
(d) Payment of the cost of preparing and issuing the new bond.
7. Any bond shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the clerk, with the seal of the city affixed thereto.
8. 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 clerk.
9. 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.
10. The 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.
11. 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.
12. 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.
Section 20.99. 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.
Section 20.100. 1. All cases in which there may arise a question of validity of any power herein granted or of any other provision hereof shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.
κ1963 Statutes of Nevada, Page 740 (CHAPTER 347, AB 502)κ
hereof shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment.
2. The courts shall be open at all times for the purposes hereof.
Section 20.101. In any case where a notice is provided for herein, if the city council or court finds for any reason that due notice was not given, the city council or court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or abated, but the city council or court shall order due notice to be given and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.
Section 20.102. It shall be legal for the state and any of its agencies, departments or political subdivisions, or any other public body, to invest funds or moneys in the custody thereof in any of the bonds authorized to be issued pursuant to the provisions hereof.
Sec. 31. All proceedings and actions taken under law, or under color of law, preliminary to and in the exercise of any power granted in section 30 of this act, are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power, authority or otherwise, other than constitutional, of the city council, and notwithstanding any defects and irregularities, other than constitutional, in such proceedings and actions.
Sec. 32. 1. The adoption of section 30 of this act shall not be construed to repeal or in any way affect or modify:
(a) Any substantive or vested right.
(b) Any law authorizing the issuance of any outstanding special assessment local improvement district bonds of the city of Sparks.
(c) Any law pursuant to which special assessments levied by the city of Sparks have not been paid in full, principal, interest and any penalties.
(d) The running of the statute of limitations in force at the time this act becomes effective.
2. All incomplete proceedings had and taken by the city of Sparks, under the provisions of sections 3.11 to 3.34, inclusive, of Article III of chapter 180, Statutes of Nevada 1949, as amended, repealed herein by the provisions of section 34 of this act, preliminary to and in the acquisition or improvement of any project, the creation of any improvement district, the levy and collection of any assessment, or the issuance of any interim or temporary bond, or any definitive bond, which proceedings are in substantial compliance herewith, may, at the option of the city council, be completed hereunder the same as if such incomplete proceedings had been had and taken pursuant to the provisions of section 30 of this act.
Sec. 33. 1. Section 30 of this act, without reference to other statutes of the state, except as therein otherwise expressly provided, shall constitute full authority for the exercise of powers therein granted, including but not limited to the authorization and issuance of bonds thereunder.
κ1963 Statutes of Nevada, Page 741 (CHAPTER 347, AB 502)κ
2. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts authorized to be done in section 30, shall be construed as applying to any proceedings taken hereunder or acts done pursuant thereto.
3. No board, agency, bureau or official other than the city council of the city of Sparks shall have authority to fix, prescribe, modify, supervise or regulate the levy or collection of special assessments or taxes authorized in section 30 of this act, except as therein expressly provided or necessarily implied, nor to supervise or regulate the acquisition or improvement of any project therein authorized.
4. The provisions of no other law, either general, special or local, except as provided in section 30, shall apply to the doing of the things therein authorized to be done, and no public body other than the city council of the city of Sparks proceeding thereunder shall have authority or jurisdiction over the doing of any of the acts therein authorized to be done.
5. The powers conferred by section 30 of this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by section 30 of this act shall not affect the powers conferred by, any other law.
Sec. 34. The following sections of Article III of the above-entitled act, being chapter 180, Statutes of Nevada 1949, are hereby expressly repealed: Sections 3.11 to 3.34, both inclusive, at pages 378 to 386, inclusive, as amended. Section 12 of Article XII of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as amended by chapter 367, Statutes of Nevada 1961, at page 748, is hereby expressly repealed. Section 14.02 of Article XIV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 403, is hereby expressly repealed.
Sec. 35. 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. 36. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 742κ
Senate Bill No. 151Committee on Finance
CHAPTER 348
AN ACT to amend NRS sections 538.100, 538.150, 538.180, 538.190, 538.210, 538.220, 538.240 to 538.260, inclusive, relating to the Colorado River commission, by changing procedures for payment of claims; by providing that the compensation of legal advisers may be fixed by contract; that power shall not be sold for less than actual cost to the state without determination of the Secretary of the Interior; that revenue from certain sources shall be deposited in the Colorado River commission fund and the Colorado River commission research and development fund created by this act; that the commission is empowered to request installation of water service facilities and electrical generating machinery and equipment; and that revenues may be disbursed to other entities; eliminating approval of disbursement vouchers by the state board of examiners; further limiting the power of the commission concerning contracts with other entities; to repeal NRS section 538.200, relating to the Nevada state power fund; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 538.100 is hereby amended to read as follows:
538.100 1. Each commissioner shall receive as compensation $15 for each day actually employed on the work of the commission. Each commissioner and employee of the commission shall be allowed the per diem expense allowance and travel expenses as provided by law.
2. [The commission shall audit all bills, claims for per diem expense allowances and travel expenses of the commissioners and employees, and when the same shall have been certified to by the chairman and secretary, the secretary shall file the same with the state board of examiners for its action, and the same shall be paid out of any moneys appropriated for that purpose.] The secretary shall certify all bills and claims for per diem expense allowances and travel expenses of the commissioners and employees, and shall file the same with the state board of examiners for its action. Such bills and claims shall be paid from the Colorado River commission fund.
Sec. 2. NRS 538.150 is hereby amended to read as follows:
538.150 1. The attorney general and his duly appointed assistants and deputies shall be the legal advisers for the commission.
2. In order to compensate the office of attorney general for services rendered, the commission is directed, on or before the 1st day of each month, to authorize the state controller to draw his warrant in the sum [of $500] fixed by contract in favor of the state treasurer, such sum of money to be taken from the Colorado River commission 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 attorney generals office.
3. The mileage and living expenses away from the office of the attorney general at the regular statutory state rate, together with the telephone and telegraph charges incurred by the attorney generals office on behalf of the commission, shall be charged directly against the Colorado River commission fund.
κ1963 Statutes of Nevada, Page 743 (CHAPTER 348, SB 151)κ
office on behalf of the commission, shall be charged directly against the Colorado River commission fund.
Sec. 3. NRS 538.180 is hereby amended to read as follows:
538.180 1. The commission shall hold and administer all rights and benefits pertaining to the distribution of the power mentioned in NRS 538.040 to 538.260, inclusive, for the State of Nevada, and is empowered to lease, sublease, let, sublet, contract or sell the same on such terms as the commission shall determine.
2. Every applicant for power to be used within the State of Nevada shall, before the application is approved, provide an indemnifying bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of such lease, sublease, contract or other agreement.
3. The power shall not be sold for less than the actual cost to the State of Nevada. [as determined by the Secretary of the Interior of the United States.]
4. Before any such sale or lease is made, the same shall be advertised in two papers of general circulation published in the State of Nevada for a period of once a week for 2 weeks; and the commission shall require any person desiring to make objection thereto to file the objection with the secretary of the commission within 10 days after the date of the last publication of the notice. If any objection shall be filed pursuant to such notice then the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.
5. Any such lease, sublease, contract or sale, either of the water or power mentioned in NRS 538.040 to 538.260, inclusive, shall not become binding upon the State of Nevada until ratified and approved by the governor.
Sec. 4. NRS 538.190 is hereby amended to read as follows:
538.190 [All] 1. Except as provided in subsection 2, all revenues derived from the sale, lease or use of [the] water or power [derived from the Colorado River or its tributaries mentioned in NRS 538.040 to 538.260, inclusive, and all revenues] which shall become due and owing to the State of Nevada under any [such] lease, contract or sale, or otherwise, of water or power obtained from [within] the Colorado River power and water system, and from other sources, shall be received, collected and paid directly to the state treasurer and deposited by him in a fund, hereby created, to be known as and called the Colorado River commission fund.
2. There is hereby created in the state treasury the Colorado River commission research and development fund for the purpose of defraying the costs of engineering studies, analysis, negotiation and such other efforts as may, in the opinion of the commission, be necessary and proper for the protection of the interests of the State of Nevada in the development and acquisition of sources of water and power along and related to the Colorado River and elsewhere. The charge for water and power included in any lease or contract executed after the effective date of this act between the commission and water or power users shall be sufficient in amount to maintain the Colorado River commission research and development fund in addition to defraying the cost to the commission of water and power delivered.
κ1963 Statutes of Nevada, Page 744 (CHAPTER 348, SB 151)κ
and power included in any lease or contract executed after the effective date of this act between the commission and water or power users shall be sufficient in amount to maintain the Colorado River commission research and development fund in addition to defraying the cost to the commission of water and power delivered. When collected, such additional revenues shall be paid directly to the state treasurer and deposited by him in the Colorado River commission research and development fund.
Sec. 5. NRS 538.210 is hereby amended to read as follows:
538.210 The commission is authorized to adopt such written rules and regulations governing the procedure described in NRS [538.160] 538.130 to 538.200, inclusive, as may be just and reasonable.
Sec. 6. NRS 538.220 is hereby amended to read as follows:
538.220 1. Notwithstanding anything in NRS 538.040 to 538.260, inclusive, to the contrary, the commission is authorized to request, on behalf of the State of Nevada, [in accordance with general regulations promulgated by the Secretary of the Interior of the United States on May 20, 1941, or to be hereafter promulgated by that officer, for generation and sale of power in accordance with the Boulder Canyon Project Adjustment Act,] from the Secretary of the Interior of the United States the installation of [such] water service facilities and electrical generating machinery and equipment or water service facilities or electrical generating machinery and equipment as the commission in its discretion may deem necessary or convenient to meet and serve the future water and power demands and requirements of the State of Nevada, and the commission is authorized and directed to negotiate for and obtain and enter into and execute and cause to be executed such contracts, documents and instruments as are appropriate and requisite to carry such requests into effect.
2. In the event of the installation of any water service facilities and electrical generating machinery and equipment or water service facilities or electrical generating machinery and equipment pursuant to a request therefor by the commission, the faith and credit of the State of Nevada hereby is and shall be irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract heretofore or hereafter entered into with the United States of America.
Sec. 7. NRS 538.240 is hereby amended to read as follows:
538.240 1. Revenues received from the sale of power or water or otherwise shall be disbursed by the commission as follows:
(a) To the payment to the Federal Government of the cost of water and the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the Secretary of the Interior of the United States.
(b) To the payment to other entities of the cost of water and the cost of electrical energy and the generation thereof or the cost of water or the cost of electrical energy and the generation thereof in accordance with bills rendered by such entities.
κ1963 Statutes of Nevada, Page 745 (CHAPTER 348, SB 151)κ
(c) To the payment of compensation and expenses of the commission and all other obligations incurred through performance by the commission of the duties designated in NRS 538.040 to 538.260, inclusive.
[(c)] (d) To the repayment to the State of Nevada of any moneys advanced or appropriated to the commission, such repayment to be placed in and to be a part of the general fund of the state.
2. All vouchers for the disbursement of such funds shall [, before payment, be submitted to and approved by the state board of examiners and] be paid out of the Colorado River commission fund [or the Nevada state power fund, as the case may be,] upon warrants to be drawn by the state controller and paid by the state treasurer.
Sec. 8. NRS 538.250 is hereby amended to read as follows:
538.250 The state controller is authorized and required to draw his warrants on the Colorado River Commission fund [, or the Nevada state power fund, as the case may be,] for payment of all claims against such fund, [when approved in the manner specified in NRS 538.240,] and the state treasurer is authorized and required to pay the same.
Sec. 9. NRS 538.260 is hereby amended to read as follows:
538.260 1. No power or authority which is granted to or which may be exercised by the commission shall be binding upon either the commission or the State of Nevada unless the same shall have the approval in writing of the governor.
2. Any and all acts or contracts entered into by the commission pertaining to the water of the Colorado River belonging or allotted to or contracted by the State of Nevada and the electrical power developed at Boulder Dam, or elsewhere on the Colorado River, or acts or contracts entered into pertaining to power and water or power or water belonging, allotted to or contracted by the State of Nevada from other entities shall not be binding upon the State of Nevada until approved by the governor.
Sec. 10. NRS 538.200 is hereby repealed.
Sec. 11. This act shall become effective upon passage and approval.
________
Senate Bill No. 75Senators Dial and Slattery
CHAPTER 349
AN ACT to amend NRS section 616.070, relating to volunteer firemen covered by the Nevada Industrial Insurance Act, by increasing from $200 to $300 the theoretical wage upon which benefits of volunteer firemen are based.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.070 is hereby amended to read as follows:
616.070 Volunteer firemen belonging to a regular organized and recognized fire department, while engaged in their duties in any voluntary community service which they may undertake, and while acting under the direction of the fire chief or any of his assistants in the protection of life or property, during fire, flood, earthquake, windstorm, ambulance service or other rescue work, shall be deemed, for the purpose of this chapter, employees of the city, town, county or district so recognizing them, at the wage of [$200] $300 per month, and shall be entitled to the benefits of this chapter upon such city, town, county or district complying therewith.
κ1963 Statutes of Nevada, Page 746 (CHAPTER 349, SB 75)κ
under the direction of the fire chief or any of his assistants in the protection of life or property, during fire, flood, earthquake, windstorm, ambulance service or other rescue work, shall be deemed, for the purpose of this chapter, employees of the city, town, county or district so recognizing them, at the wage of [$200] $300 per month, and shall be entitled to the benefits of this chapter upon such city, town, county or district complying therewith.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 255Committee on Aviation, Transportation and Highways
CHAPTER 350
AN ACT to amend NRS section 484.670, relating to display of red flags on loads carried on vehicles, by requiring the driver of a vehicle carrying a load extending 4 feet or more beyond the end of the vehicle to attach two red lights to such load at night and a red flag in the daytime; and by providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.670 is hereby amended to read as follows:
484.670 1. [The driver of every vehicle carrying a load extending beyond the end of the vehicle shall attach to the rear of the load a red flag of sufficient size to show the end of the load.] The driver of every vehicle operating a half hour after sunset to a half hour before sunrise and carrying a load extending 4 feet or more beyond the end of the vehicle shall attach at the extreme end of the load two red lights plainly visible under normal atmospheric conditions from a distance of not less than 500 feet from the rear and sides. At any other time the driver shall attach at the extreme end of such load a red flag or cloth at least 16 inches square.
2. The driver of every vehicle carrying 50 pounds of explosives or more shall attach to the rear of such vehicle a red flag at least 12 inches square.
________
κ1963 Statutes of Nevada, Page 747κ
Assembly Bill No. 392Committee on Public Health and Public Morals
CHAPTER 351
AN ACT to amend chapter 446 of NRS, relating to food and drink establishments, by adding new sections defining terms; providing for the sale of only unadulterated, wholesome, properly branded food; regulating the sources of food; establishing sanitation standards for food, food protection, food service personnel, food service operations, equipment and utensils, sanitary facilities and controls; requiring permits for the operation of food service establishments; regulating the issuance of such permits; regulating the inspection, grading and regrading of such establishments; providing for the examination and condemnation of food; providing for notice and hearings regarding actions by the state health officer; and authorizing the state board of health to promulgate and adopt regulations; to amend NRS sections 446.010, 446.020, 446.050, 446.080, 446.100, 446.170 to 446.190, inclusive, 446.630 and 446.640, relating to food and drink establishments, by making technical changes necessitated by the addition of such new sections; providing penalties; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 446 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 62, inclusive, of this act.
Sec. 2. As used in sections 3 to 62, inclusive, of this act, unless the context requires otherwise, the words and terms defined in sections 3 to 27, inclusive, of this act shall have the meanings ascribed to them in sections 3 to 27, inclusive, of this act.
Sec. 3. Adulterated means the condition of a food:
1. If it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health.
2. If it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established.
3. If it consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption.
4. If it has been processed, prepared, packed or held under insanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
5. If it is in whole or in part the product of a diseased animal, or an animal which has died otherwise than by slaughter.
6. If its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
Sec. 4. Approved means acceptable to the health authority based on his determination as to conformance with appropriate standards and good public health practice.
Sec. 5. Closed means fitted together snugly, leaving no openings large enough to permit the entrance of vermin.
Sec. 6. Corrosion-resistant material means a material which maintains its original surface characteristics under prolonged influence of food, cleaning compounds and sanitizing solutions which may contact it.
κ1963 Statutes of Nevada, Page 748 (CHAPTER 351, AB 392)κ
of food, cleaning compounds and sanitizing solutions which may contact it.
Sec. 7. Easily cleanable means readily accessible, of such material and finish, and so fabricated, that residue may be completely removed by normal cleaning methods.
Sec. 8. Employee means any person working in a food service establishment who transports food or food containers, who engages in food preparation or service, or who comes in contact with any food utensils or equipment.
Sec. 9. Equipment means all stoves, ranges, hoods, meatblocks, tables, counters, refrigerators, sinks, dishwashing machines, steamtables and similar items, other than utensils, used in the operation of a food service establishment.
Sec. 10. Food means any raw, cooked or processed edible substance, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.
Sec. 11. Food contact surfaces means the surfaces of equipment and utensils with which food normally comes in contact, and the surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.
Sec. 12. Food processing establishment means a commercial establishment in which food is processed or otherwise prepared and packaged for human consumption.
Sec. 13. Food service establishment means any fixed or mobile restaurant, coffeeshop, cafeteria, short-order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, roadside stand, industrial feeding establishment, private, public or nonprofit organization or institution routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
Sec. 14. Health authority means the state health officer or his designated representative.
Sec. 15. Kitchenware means all multiuse utensils other than tableware used in the storage, preparation, conveying or serving of food.
Sec. 16. Misbranded means the presence of any written, printed or graphic matter, upon or accompanying food or containers of food, which is false or misleading or which violates any applicable state or local labeling requirements.
Sec. 17. Perishable food means any food of such type or in such condition as may spoil.
Sec. 18. Person means an individual, firm, partnership, company, corporation, trustee, association or any public or private entity.
Sec. 19. Potentially hazardous food means any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms.
κ1963 Statutes of Nevada, Page 749 (CHAPTER 351, AB 392)κ
Sec. 20. Safe temperatures, as applied to potentially hazardous food, means temperatures of 45° F. or below, and 140° F. or above.
Sec. 21. Sanitize means effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health authority as being effective in destroying micro-organisms, including pathogens.
Sec. 22. Sealed means free of cracks or other openings which permit the entry or passage of moisture.
Sec. 23. Single-service articles means cups, containers, lids, closures, plates, knives, forks, spoons, stirrers, paddles, straws, place mats, napkins, doilies, wrapping material and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufactures and generally recognized by the public as for one usage only, then to be discarded.
Sec. 24. Tableware means all multiuse eating and drinking utensils, including knives, forks and spoons.
Sec. 25. Temporary food service establishment means any food service establishment which operates at a fixed location for a temporary period of time, not to exceed 2 weeks, in connection with a fair, carnival, circus, public exhibition, celebration or similar transitory gathering.
Sec. 26. Utensil means any tableware and kitchenware used in the storage, preparation, conveying or serving of food.
Sec. 27. Wholesome means in sound condition, clean, free from adulteration, and otherwise suitable for use as human food.
Sec. 28. All food in food service establishments shall be from sources approved or considered satisfactory by the health authority, and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. No hermetically sealed, nonacid or low-acid food which has been processed in a place other than a commercial food processing establishment shall be used.
Sec. 29. 1. All food while being stored, prepared, displayed, served or sold at food service establishments, and during transportation to or from such establishments, shall be protected from contamination. All perishable food shall be stored at such temperatures as will protect it against spoilage. All potentially hazardous food shall be maintained at safe temperatures, except during necessary periods of preparation and service. Raw fruits and vegetables shall be washed before use. Stuffing, poultry, stuffed meats and poultry, and pork and pork products shall be thoroughly cooked before being served. Individual portions of food, except wrapped food which has not been unwrapped and which is wholesome, once served to a customer shall not be served again.
2. Only such poisonous and toxic materials as are required to maintain sanitary conditions and for sanitization purposes may be used or stored in food service establishments. Poisonous and toxic materials shall be identified, and shall be used only in such manner and under such conditions as will not contaminate food or constitute a hazard to employees or customers.
κ1963 Statutes of Nevada, Page 750 (CHAPTER 351, AB 392)κ
and under such conditions as will not contaminate food or constitute a hazard to employees or customers.
Sec. 30. 1. No person, while affected with any disease in a communicable form, while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, may work in any area of a food service establishment in any capacity in which there is a likelihood that such person may contaminate food or food contact surfaces with pathogenic organisms, or transmit disease to other individuals. No person known or suspected to be affected with any such disease or condition shall be employed in such an area or capacity.
2. Any manager or person in charge of such establishment who knows or has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease shall notify the health authority immediately.
Sec. 31. All employees shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices while on duty. They shall wash their hands thoroughly in an approved hand-washing facility before starting work, and as often as may be necessary while at work in order to remove soil and contamination. No employee may resume work after visiting the toilet room without first washing his hands.
Sec. 32. 1. All equipment and utensils used by any food service establishment shall be so designed and of such material and workmanship as to be smooth, easily cleanable and durable, and shall be in good repair. The food contact surfaces of such equipment and utensils shall be easily accessible for cleaning, nontoxic, corrosion resistant and relatively nonabsorbent, but where approved by the health authority, exceptions may be made to the above materials requirements for equipment such as cutting boards, blocks and bakers tables.
2. All such equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas.
3. Equipment in use on the effective date of this act which does not meet fully the above requirements, may be continued in use if it is in good repair, capable of being maintained in a sanitary condition and has nontoxic food contact surfaces.
4. Single-service articles shall be made from nontoxic materials.
Sec. 33. 1. All eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage.
2. All kitchenware and food contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of food or drink, and all food storage utensils, shall be thoroughly cleaned after each use. Cooking surfaces of equipment shall be cleaned at least once a day. All utensils and food contact surfaces of equipment used in the preparation, service, display or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use. Nonfood-contact surfaces of equipment shall be cleaned at such intervals as may be required in order to keep them in a clean and sanitary condition.
κ1963 Statutes of Nevada, Page 751 (CHAPTER 351, AB 392)κ
3. Immediately after being cleaned, and until used again, all food contact surfaces of equipment and utensils shall be so stored and handled as to be protected from contamination.
4. All single-service articles shall be stored, handled and dispensed in a sanitary manner, and shall be used only once.
5. Food service establishments which do not have adequate and effective facilities for cleaning and sanitizing utensils shall use single-service articles.
Sec. 34. 1. The water supply for all food service establishments shall be adequate, of a safe, sanitary quality and from an approved source. Hot and cold running water under pressure shall be provided in all areas where food is prepared, or equipment, utensils or containers are washed.
2. Water, if not piped into the establishment, shall be transported and stored in approved containers and shall be handled and dispensed in a sanitary manner.
3. Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, transported and handled in a sanitary manner.
Sec. 35. All sewage shall be disposed of in a public sewerage system or, in the absence thereof, in a manner approved by the health authority.
Sec. 36. Plumbing shall be so sized, installed and maintained as:
1. To carry adequate quantities of water to required locations throughout the establishment.
2. To prevent contamination of the water supply.
3. To convey properly sewage and liquid wastes from the establishment to the sewerage or sewage disposal system.
4. Not to constitute a source of contamination of food, equipment or utensils, or to create an insanitary condition or nuisance.
Sec. 37. Each food service establishment shall be provided with adequate, conveniently located toilet facilities for its employees. Toilet fixtures shall be of sanitary design and readily cleanable. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered. Where the use of nonwater-carried sewage disposal facilities have been approved by the health authority, such facilities shall be separate from the establishment. Where toilet facilities are provided for patrons, such facilities shall meet the requirements of this subsection.
Sec. 38. Each food service establishment shall be provided with adequate, conveniently located hand-washing facilities for its employees, including a lavatory or lavatories equipped with hot and cold or tempered running water, hand-cleansing soap or detergent, and approved sanitary towels or other approved hand-drying devices. Such facilities shall be kept clean and in good repair.
Sec. 39. All garbage and rubbish containing food wastes shall, prior to disposal, be kept in leakproof, nonabsorbent containers, which shall be kept covered with tight-fitting lids when filled, stored, or not in continuous use; but such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a food-waste refrigerator.
κ1963 Statutes of Nevada, Page 752 (CHAPTER 351, AB 392)κ
prior to disposal, be kept in leakproof, nonabsorbent containers, which shall be kept covered with tight-fitting lids when filled, stored, or not in continuous use; but such containers need not be covered when stored in a special vermin-proofed room or enclosure, or in a food-waste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, areas and containers used shall be adequate for the storage of all food waste and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room or area shall be thoroughly cleaned after the emptying or removal of garbage and rubbish. Food-waste grinders, if used, shall be installed in compliance with state and local standards and shall be of suitable construction. All garbage and rubbish shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance.
Sec. 40. Effective measures shall be taken to protect each food service establishment against the entrance into the establishment, or the breeding or presence on the premises, of vermin.
Sec. 41. 1. The floor surfaces in kitchens, in all other rooms and areas in which food is stored or prepared or in which utensils are washed, and in walk-in refrigerators, dressing or locker rooms and toilet rooms, shall be of smooth, nonabsorbent materials, and so constructed as to be easily cleanable, but the floors of nonrefrigerated, dry-food-storage areas need not be nonabsorbent. All floors shall be kept clean and in good repair.
2. Floor drains shall be provided in all rooms where floors are subjected to flooding-type cleaning or where normal operations release or discharge water or other liquid waste on the floor.
3. All exterior areas where food is served shall be kept clean and properly drained, and surfaces in such areas shall be finished so as to facilitate maintenance and minimize dust.
4. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls of rooms or areas in which food is prepared or utensils or hands are washed shall be easily cleanable, smooth and light colored, and shall have washable surfaces up to the highest level reached by splash or spray.
Sec. 42. All areas in which food is prepared or stored or utensils are washed, all hand-washing areas, dressing rooms, locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well lighted. During all cleanup activities, adequate light shall be provided in the area being cleaned, and upon or around equipment being cleaned.
Sec. 43. All rooms in which food is prepared or served or utensils are washed, dressing rooms, locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well ventilated. Ventilation hoods and devices shall be designed to prevent grease or condensate from dripping into food or onto food preparation surfaces. Filters, where used, shall be readily removable for cleaning or replacement. Ventilation systems shall comply with applicable state and local fire-prevention requirements and shall, when vented to the outside air, discharge in such a manner as not to create a nuisance.
κ1963 Statutes of Nevada, Page 753 (CHAPTER 351, AB 392)κ
Sec. 44. Adequate facilities shall be provided for the orderly storage of employees clothing and personal belongings. Where employees routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be located outside of the food preparation, storage and serving areas, and the utensil-washing and storage areas, but where approved by the health authority, such an area may be located in a storage room where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept clean.
Sec. 45. All parts of the establishment and its premises shall be kept neat, clean and free of litter and rubbish. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food contact surfaces. None of the operations connected with a food service establishment may be conducted in any room used as living or sleeping quarters. Soiled linens, coats and aprons shall be kept in suitable containers until removed for laundering. No live birds or animals shall be allowed in any area used for the conduct of food service establishment operations, except that guide dogs accompanying blind persons may be permitted in dining areas.
Sec. 46. A temporary food service establishment shall comply with all the provisions of this act which are applicable to its operation. The health authority may:
1. Augment such requirements when needed to assure the service of safe food.
2. Prohibit the sale of certain potentially hazardous food.
3. Modify specific requirements for physical facilities when in his opinion no imminent health hazard will result.
Sec. 47. It is unlawful for any person to operate a food service establishment who does not possess a valid permit issued to him by the health authority. Only a person who complies with the requirements of this act shall be entitled to receive and retain such a permit. Permits shall not be transferable from person to person or from place to place. A valid permit shall be posted in every food service establishment. Permits for temporary food service establishments shall be issued for a period of time not to exceed 14 days.
Sec. 48. 1. Any person desiring to operate a food service establishment shall make written application for a permit on forms provided by the health authority. Such application shall include:
(a) The applicants full name and post office address.
(b) A statement whether such applicant is an individual, firm or corporation, and, if a partnership, the names of the partners, together with their addresses.
(c) A statement of the location and type of the proposed food establishment.
(d) The signature of the applicant or applicants.
2. An application for a permit to operate a temporary food service establishment shall also include the inclusive dates of the proposed operation.
κ1963 Statutes of Nevada, Page 754 (CHAPTER 351, AB 392)κ
establishment shall also include the inclusive dates of the proposed operation.
3. Upon receipt of such application, the health authority shall make an inspection of the food service establishment to determine compliance with the provisions of this act. When inspection reveals that the applicable requirements of this act have been met, a permit shall be issued to the applicant by the health authority.
Sec. 49. 1. Permits issued under the provisions of this act may be suspended temporarily by the health authority for failure of the holder to comply with the requirements of this act.
2. Whenever a permitholder or operator has failed to comply with any notice issued under the provisions of this act, the permitholder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended, or the establishment downgraded, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health authority by the permitholder.
3. Notwithstanding any other provision of this act, whenever the health authority finds insanitary or other conditions in the operation of a food service establishment which, in his judgment, constitute a substantial hazard to the public health, he may without warning, notice or hearing issue a written notice to the permitholder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken. Such order may state that the permit is immediately suspended, and all food operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith. Upon written petition to the health authority, such person shall be afforded a hearing as soon as possible.
4. Any person whose permit has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within 10 days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health authority shall make a reinspection. If the applicant is complying with the requirements of this act, the permit shall be reinstated.
5. For serious or repeated violations of any of the requirements of this act, or for interference with the health authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the health authority. Prior to such action, the health authority shall notify the permitholder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of 5 days following service of such notice, unless a request for a hearing is filed with the health authority by the permitholder within such 5-day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.
6. The hearings provided for in this section shall be conducted by the health authority at a time and place designated by him.
κ1963 Statutes of Nevada, Page 755 (CHAPTER 351, AB 392)κ
by the health authority at a time and place designated by him. Based upon the record of such hearing, the health authority shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permitholder by the health authority.
Sec. 50. 1. At least once every year, the health authority shall inspect each food service establishment located in the state.
2. He shall make as many additional inspections and reinspections as are necessary for the enforcement of this act.
Sec. 51. 1. The health authority, after proper identification, shall be permitted to enter, at any reasonable time, any food service establishment within the state for the purpose of making any inspection to determine compliance with this act. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received or used, and persons employed.
2. Whenever the health authority makes an inspection of a food service establishment, he shall record his findings on an inspection report form provided for this purpose. The health authority shall furnish the original of such inspection report form to the permitholder or operator. Such form shall summarize the requirements of this act and shall set forth demerit point values for each such requirement, in accordance with PHS Form 4006. Upon completion of an inspection, the health authority shall total the demerit point values for all requirements in violation, such total becoming the demerit score for the establishment.
Sec. 52. Whenever the health authority makes an inspection of a food service establishment and discovers that any of the requirements of this act have been violated, he shall notify the permitholder or operator of such violations by means of an inspection report form or other written notice. Such notice shall:
1. Set forth the specific violations found, together with the demerit score of the establishment.
2. Establish a specific and reasonable period of time for the correction of the violations found, in accordance with the following provisions:
(a) If the demerit score of the establishment is 20 or less, all violations of two or four demerit points must be corrected by the time of the next routine inspection.
(b) If the demerit score of the establishment is more than 20 but not more than 40, all items of two or four demerit points must be corrected within a period of time not to exceed 30 days.
(c) If one or more six-demerit point items are in violation, regardless of demerit score, such items must be corrected within a period of time not to exceed 10 days.
(d) If the demerit score of the establishment is more than 40, the permit is immediately suspended.
(e) In the case of temporary food service establishments, violations must be corrected within a specified period of time not to exceed 24 hours.
κ1963 Statutes of Nevada, Page 756 (CHAPTER 351, AB 392)κ
24 hours. Failure to comply with such notice shall result in immediate suspension of the permit.
3. State that failure to comply with the requirements of any notice issued in accordance with the provisions of this act may result in immediate suspension of the permit in downgrading of the establishment.
4. State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the health authority within the period of time established in the notice for correction.
Sec. 53. Notices provided for in section 52 of this act shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permitholder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last-known address of the permitholder. A copy of such notice shall be filed with the records of the health authority.
Sec. 54. Every food service establishment in the state shall display, in a place designated by the health authority, a placard approved by the health authority stating the grade received at the time of the most recent inspection of the establishment, but temporary food service establishments shall not be subject to grading.
Sec. 55. 1. Grades of establishments shall be as follows:
(a) Grade A. An establishment having a demerit score of not more than 10.
(b) Grade B. An establishment having a demerit score of more than 10 but not more than 20.
(c) Grade C. An establishment having a demerit score of more than 20 but not more than 40.
2. Notwithstanding the grade criteria established in subsection 1, whenever a second consecutive violation of any item of two or four demerit points is discovered, the permit for such establishment may be suspended, or in lieu thereof, the establishment shall be downgraded to the next lower grade.
3. Immediately following each inspection, the health authority shall post the appropriate grade based upon the inspection findings, and shall issue an appropriate notice in accordance with the provisions of section 52 of this act.
Sec. 56. The permitholder or operator of any establishment, the grade of which has been lowered, may at any time request an inspection for the purpose of regarding the establishment. Within 10 days following receipt of a request including a signed statement that the conditions responsible for the lowering of the grade have, in the applicants opinion, been corrected, the health authority shall make an inspection and thereafter as many additional inspections as he may deem necessary to assure himself that the applicant is complying with the higher grade requirements, and if the findings indicate compliance, shall award the higher grade.
κ1963 Statutes of Nevada, Page 757 (CHAPTER 351, AB 392)κ
Sec. 57. 1. Food may be examined or sampled by the health authority as often as may be necessary to determine freedom from adulteration or misbranding. The health authority may, upon written notice to the owner or person in charge, place a hold order on any food which he determines is or has probable cause to believe to be unwholesome or otherwise adulterated or misbranded.
2. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice or tag placed on food by the health authority. Neither such food nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of or destroyed without permission of the health authority, except by order of a court of competent jurisdiction.
3. After the owner or person in charge has had a hearing as provided for in section 52 of this act, and on the basis of evidence produced at such hearing, or on the basis of his examination in the event a written request for a hearing is not received within 10 days, the health authority may vacate the hold order, or may by written order direct the owner or person in charge of the food which was placed under the hold order to denature or destroy such food or to bring it into compliance with the provisions of this act. Such order of the health authority to denature or destroy such food or bring it into compliance with the provisions of this act shall be stayed if the order is appealed to a court of competent jurisdiction within 3 days.
Sec. 58. Food from food service establishments outside the jurisdiction of the health authority of the State of Nevada may be sold within the State of Nevada if such food service establishments conform to the provisions of this act or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the health authority may accept reports from responsible authorities in the jurisdictions where such food service establishments are located.
Sec. 59. If a food service establishment is hereafter constructed or extensively remodeled, or if an existing structure is converted for use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or alteration showing layout, arrangement and construction materials of work areas and the location, size and type of fixed equipment and facilities shall be submitted to the health authority for approval before such work is begun. Where full-time city, county or district health departments exist, such plans and specifications shall be submitted to such health authorities for approval before such work is begun.
Sec. 60. 1. When the health authority has reasonable cause to suspect the possibility of disease transmission from any employee of a food service establishment, the health authority shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take appropriate action.
2. The health authority may require any or all of the following measures:
κ1963 Statutes of Nevada, Page 758 (CHAPTER 351, AB 392)κ
(a) The immediate exclusion of the employee from all food service establishments.
(b) The immediate closure of the food service establishment concerned until, in the opinion of the health authority, no further danger of disease outbreak exists.
(c) Restriction of the employees services to some area of the establishment where there would be no danger of transmitting disease.
(d) Adequate medical and laboratory examinations of the employee, of other employees, and of his and their body discharges.
Sec. 61. This act shall be enforced by the health authority in accordance with the interpretations thereof contained in the compliance provisions of regulations, hereby authorized to be adopted by the state board of health, detailing the requirements of this act.
Sec. 62. Any person who violates any of the provisions of this act is guilty of a misdemeanor. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation.
Sec. 63. NRS 446.010 is hereby amended to read as follows:
446.010 Unless the context otherwise requires, the definitions set forth in [this chapter] NRS 446.020 to 446.060, inclusive, govern the construction of [this chapter.] NRS 446.020 to 446.630, inclusive.
Sec. 64. NRS 446.020 is hereby amended to read as follows:
446.020 1. Food establishment means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food product intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food product is sold, offered or displayed for sale, or served.
2. This definition shall not be construed to include:
(a) Private homes.
(b) Fraternal or social clubhouses attendance at which is limited to club members.
(c) Any establishment the sanitation of which is specifically governed by sections 2 to 62, inclusive, of this act or other laws or rules and regulations of the state board of health.
(d) Vehicles operating on common carriers engaged in interstate commerce.
(e) Premises on which religious, charitable and other nonprofit organizations sell food products for the purpose of raising funds.
Sec. 65. NRS 446.050 is hereby amended to read as follows:
446.050 Health officer means the state health officer and includes any of his assistants, deputies, inspectors or any other official representative or member of the state health officers staff who is charged with the enforcement of [this chapter.] NRS 446.010 to 446.640, inclusive.
Sec. 66. NRS 446.080 is hereby amended to read as follows:
446.080 1. The health officer shall:
(a) Enforce all the provisions of [this chapter.] NRS 446.010 to 446.640, inclusive.
(b) Have authority to enter and inspect all food establishments within the state and to inspect all food products, utensils, equipment and all portions of buildings and basements connected therewith.
κ1963 Statutes of Nevada, Page 759 (CHAPTER 351, AB 392)κ
within the state and to inspect all food products, utensils, equipment and all portions of buildings and basements connected therewith.
2. It shall be unlawful for any person to interfere with the health officer in the performance of his duty.
Sec. 67. NRS 446.100 is hereby amended to read as follows:
446.100 1. Notice shall be sent immediately to the health officer or any county health officer by the food establishment manager, or by any employee concerned, if he or any food handler contracts any infectious, contagious or communicable disease or has a fever, a skin eruption, a cough lasting more than 3 weeks, or any other symptom of disease. Any such food handler shall notify the food establishment manager immediately when any of such conditions obtain, and if neither the manager nor the food handler concerned notify the health officer immediately when any of such conditions obtain they shall be held jointly and severally to have violated [this chapter.] NRS 446.010 to 446.640, inclusive.
2. A placard containing this section shall be posted in all food establishments.
Sec. 68. NRS 446.170 is hereby amended to read as follows:
446.170 1. It shall be unlawful for any person to operate a food establishment, after an inspection by a health officer, which does not possess an unrevoked permit from the health officer.
2. This section shall apply to temporary or itinerant, as well as to permanently operated, food establishments.
3. Only persons who comply with the requirements of [this chapter] NRS 446.010 to 446.640, inclusive, shall be entitled to receive and retain such a permit.
Sec. 69. NRS 446.180 is hereby amended to read as follows:
446.180 1. The permit required by [this chapter] NRS 446.010 to 446.640, inclusive, may be revoked by the health officer upon the violation by the holder of any of the requirements of [this chapter,] NRS 446.010 to 446.640, inclusive, or at any time when in the judgment of the health officer the food establishment has become a public health menace.
2. The holder of a permit shall, after complying with such revocation, have the right of appeal to the local health department in whose territory the establishment is located or to the state board of health.
Sec. 70. NRS 446.190 is hereby amended to read as follows:
446.190 No license under any license ordinance of a city, county or other licensing authority shall be issued for the operation of a food establishment to any person owning or operating such food establishment unless the permit required by [this chapter] NRS 446.010 to 446.640, inclusive, has first been granted by the health officer.
Sec. 71. NRS 446.630 is hereby amended to read as follows:
446.630 Any person violating any of the provisions of [this chapter] NRS 446.010 to 446.620, inclusive, or any of the provisions of the interpretive code established pursuant to NRS 446.390 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
κ1963 Statutes of Nevada, Page 760 (CHAPTER 351, AB 392)κ
fine not exceeding $500, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.
Sec. 72. NRS 446.640 is hereby amended to read as follows:
446.640 The district attorneys of the several counties shall prosecute violations of [this chapter] NRS 446.010 to 446.620, inclusive, or of the interpretive code established pursuant to NRS 446.390.
Sec. 73. This act shall become effective upon passage and approval.
________
Assembly Bill No. 324Committee on Roads, Transportation and Aviation
CHAPTER 352
AN ACT to amend chapter 483 of NRS, relating to operators and chauffeurs licenses, by adding a new section which permits a former nonresident to use his out-of-state drivers license until such time as his vehicle must be registered in the State of Nevada; by authorizing the department of motor vehicles to waive examinations or issue Nevada licenses under certain conditions; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. When a person who owns a motor vehicle required to be registered under the provisions of chapter 482 of NRS, and who was formerly a nonresident, becomes a resident, he may continue to use a valid license from another jurisdiction until such time as it becomes necessary for him to register such motor vehicle in this state. At that time he shall be required to obtain a Nevada license as a prerequisite to operation of any motor vehicle in the State of Nevada.
2. Where a person who applies for a license has a valid operators license from a state which has requirements for issuance of operators licenses comparable to those of the State of Nevada, the department may:
(a) Waive the examination for such person and issue a Nevada license which shall expire no later than the license from such other state; or
(b) Issue a Nevada license under the same terms and conditions applicable to a renewal of a license in this state.
________
κ1963 Statutes of Nevada, Page 761κ
Assembly Bill No. 514Mr. Viani
CHAPTER 353
AN ACT to amend an act entitled An Act authorizing and empowering the board of county commissioners of Mineral County, Nevada, to sell that certain property commonly known as and called the Mineral County power system, providing the method of making such sale and the minimum offer authorized to be accepted, prohibiting said commissioners in the management of said power system from engaging in any business other than that of selling or distributing electric energy to consumers, providing for the bonding of employees entrusted with money, and prohibiting said commissioners from using any of the proceeds from the management of said power system for any use other than the purchase of power, the payment of interest on bonds and redemption of bonds, and the actual operating and maintenance expense of said system, authorizing the commissioners to sell certain property, authorizing the county commissioners to transfer surplus proceeds to the general fund of Mineral County, and other matters properly connected therewith or appertaining thereto, approved March 26, 1929, as amended.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 139, Statutes of Nevada 1929, at page 178, as amended by chapter 89, Statutes of Nevada 1931, at page 146, is hereby amended to read as follows:
Section 1. The county commissioners of Mineral County, Nevada, are hereby empowered and authorized to sell, [at private or public sale.] after open negotiation with one or more qualified public utilities authorized to serve consumers within the State of Nevada under the jurisdiction of the public service commission of the State of Nevada, as they may deem best, and subject to the approval of the public service commission of the State of Nevada, all or any part of the property belonging to said Mineral County known as and commonly called the Mineral County power system, consisting of power lines, stations, machinery, equipment, and all other property used in and for said system and necessary for the use and operation thereof. Said sale shall be made in the manner following:
The board of county commissioners may, by resolution duly passed and entered in the minutes, [advertise for bids for the sale of any of said property. Such advertisement shall specify what portion is intended to be sold, and said advertisement shall be by publication in a newspaper in said county for four weeks, giving date for opening of bids. Any person or persons desiring to object to or protest any bid or offer shall have thirty days from and after the date of opening of said bids in which to file objections. The county commissioners shall have the right to reject any or all bids for the sale of any property advertised. The ratification or rejection of any sale under the provisions of this act may be submitted to the people of said county upon petition signed by citizens of said county equal in number of thirty (30%) per cent of the vote cast for congressman in said county at the last preceding election.] authorize the sale of said Mineral County power system or any part thereof at a price negotiated by said commissioners, subject to the approval of said sale by a majority of the qualified electors voting at a general election or a special election called for that purpose on a date fixed by the board of county commissioners by resolution duly passed.
κ1963 Statutes of Nevada, Page 762 (CHAPTER 353, AB 514)κ
system or any part thereof at a price negotiated by said commissioners, subject to the approval of said sale by a majority of the qualified electors voting at a general election or a special election called for that purpose on a date fixed by the board of county commissioners by resolution duly passed.
Sec. 2. The above-entitled act, being chapter 139, Statutes of Nevada 1929, at page 178, is hereby amended by adding thereto a new section to be designated section 1.5, which shall immediately follow section 1 and shall read as follows:
Section 1.5. 1. Whenever the board of county commissioners of Mineral County, Nevada, shall propose to sell the Mineral County power system by resolution duly passed and entered in the minutes, the proposal for the approval of said sale shall be submitted to the qualified electors of Mineral County at a general election or at a special election called for that purpose.
2. The election officers of the County of Mineral who are charged with the duty of providing for and conducting elections as set forth in NRS 293.217 shall follow the procedure set forth in said section and shall provide printed ballots for the use of the voters entitled to vote at the election. There shall be printed on all ballots:
(a) Instructions respecting the manner of marking the ballots.
(b) A statement of the proposal to be voted upon.
3. In the event a special election is called for the purpose of approving the sale of the Mineral County power system, and immediately upon receipt by the county clerk of a certified copy of the resolution of the board of county commissioners of Mineral County authorizing said sale, and fixing a date for such election, the county clerk shall publish a notice of special election in a newspaper of general circulation in the County of Mineral once a week for 2 successive weeks with the date of the last publication being at least 15 days prior to the election. If no such newspaper is published in the County of Mineral, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county. The notice shall contain:
(a) The date of the election.
(b) The location of the polling places.
(c) The hours during which the polling places will be open for voting.
(d) A statement of the proposal to be voted upon.
4. The county clerk shall forward to each justice of the peace, except those in incorporated cities, within the county one written or printed notice for each precinct or voting district. Each justice of the peace to whom such notice is delivered shall post the same in a public place in each precinct or voting district in his township or district at least 15 days prior to the date of the special election.
5. The election officers of Mineral County who are charged with the duty of providing for and conducting the election shall provide one ballot box at each polling place for the purpose of the election.
κ1963 Statutes of Nevada, Page 763 (CHAPTER 353, AB 514)κ
If the approval election is held in conjunction with a general election, the same single ballot box shall be used at each polling place.
6. Every citizen of the United States 21 years of age or over who has resided in the state 6 months, in the county 30 days, and in the precinct 10 days next preceding the election shall be entitled to vote at the election, if he has complied with the registration laws of this state.
7. Immediately after the closing of the polls the election officers shall proceed to canvass the ballots. The results disclosed by the canvass shall be certified by the election officers to the board of county commissioners.
8. If a majority of the ballots cast are in favor of the sale as proposed by the board of county commissioners of Mineral County of the Mineral County power system, the proposal to sell the Mineral County power system shall have been carried and the proper officers of Mineral County shall be authorized to complete the sale of such Mineral County power system.
9. If a majority of the ballots are against the sale of the Mineral County power system, the proposal to sell the Mineral County power system shall have failed, the proper officers of the Mineral County power system shall proceed no further with the sale of the said Mineral County power system, and all acts or agreements theretofore made by said board of county commissioners in relation to said sale shall be considered null and void and of no effect.
10. Where not specifically provided for in this act, the general election laws of the State of Nevada shall govern where applicable.
Sec. 3. Section 3 of the above-entitled act, being chapter 139, Statutes of Nevada 1929, at page 179, is hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 764κ
Assembly Bill No. 486Washoe County Delegation
CHAPTER 354
AN ACT to amend chapter 541 of NRS, relating to water conservancy districts, by adding new sections authorizing boards of directors of water conservancy districts to accomplish irrigation, flood control, drainage, safety and health projects pursuant to petitions filed by counties, municipalities, irrigation districts, persons or corporations; providing for the financing of such projects; enumerating the powers of such boards concerning the management, control, operation and use of such projects; to amend NRS sections 541.030 to 541.050, inclusive, 541.140 to 541.160, inclusive, and 541.340, relating to declaration of benefits accruing from water conservancy districts, jurisdiction of district courts to establish such districts, establishment of districts, powers of the boards of directors of such districts and subdistricts, levy and collection of special assessments by such boards, and the procedure for creating indebtedness for the construction of improvements by water conservancy districts, by adding urban use of water or development of water resources by flood control to the benefits to be achieved by water conservancy districts; authorizing boards of directors of such districts to contract with the State of Nevada for the construction of certain projects, including ditches and waterways, and to borrow money from the State of Nevada; by authorizing water conservancy subdistricts to levy and collect taxes to pay costs of surveys and plans; by authorizing boards of directors of certain water conservancy districts to levy and collect special assessments for the accomplishment of irrigation, flood control, drainage, safety and health projects undertaken by such districts; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 541 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. To levy and collect special assessments upon lands under class E as herein provided, the board shall examine the land in the district and determine the benefits which will accrue to each parcel of land from the construction or purchase of the works proposed for the district. The cost of such works shall be apportioned or distributed over such parcels of land in proportion to such benefits.
2. Any county, municipality, irrigation district, person or corporation which desires a board to undertake any irrigation, flood control, drainage, safety or health project may file a petition requesting the accomplishment of any such project with the board of the district in which such project is desired to be accomplished.
3. Every such petition shall be issued pursuant to an ordinance adopted by the county or municipality which desires the accomplishment of the project, or, if the petitioner is other than a county or municipality, by the county or municipality in which the petitioner resides, and shall set forth:
(a) The name of the petitioner.
(b) The nature of the project desired to be accomplished.
(c) The estimated cost and extent of such project.
4. The secretary of the board shall cause notice of the filing of the petition to be published, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice and, in writing, show cause, if any, why the petition should not be granted.
κ1963 Statutes of Nevada, Page 765 (CHAPTER 354, AB 486)κ
such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice and, in writing, show cause, if any, why the petition should not be granted. The board, at the time and place mentioned in the notice, or at such time or times to which the hearing may be adjourned, shall hear the petition and objections thereto. The failure of any person to show cause in writing why the petition should not be granted shall be deemed an assent on his part to the granting of the petition. The board may, in its discretion, accept or reject the petition, but if it finds that it will be in the best interest of the district that the petition be granted, it shall enter an order to that effect granting the petition and fixing annual special assessments on the land within the district apportioned as provided in subsection 1.
5. If the petition is granted, the board shall cause a certified copy of the order granting the petition to be recorded in the county in which the lands are located, and thereafter the annual special assessments shall be a perpetual lien upon such lands. The board shall, between March 1 and March 15 of each year, certify to the county assessor of the county within the district in which such lands are located the amount of the annual special assessments, plus a fair proportionate amount of the estimated operating and maintenance charges apportioned to the lands for the next-succeeding year, and the county assessor shall extend the amount so certified on the tax roll as a flat special assessment against such lands.
Sec. 3. The board shall have the following powers concerning the management, control, operation and use of any irrigation, flood control, drainage, safety or health project:
1. To make and enforce all reasonable rules and regulations for the management, control, operation and use of any such project.
2. To restrict or suspend the right of any person or corporation to benefit from any such project if such person or corporation has violated any rule or regulation prescribed by the board as provided in subsection 1.
3. To withhold service upon or maintenance of any such project upon which there are any defaults or delinquencies of payments.
Sec. 4. NRS 541.030 is hereby amended to read as follows:
541.030 1. It is declared that to provide for the conservation and development of the water and land resources of the State of Nevada and for the greatest beneficial use of water within this state, the organization of water conservancy districts and the construction of works as herein defined by such districts are a public use and will:
(a) Be essentially for the public benefit and advantage of the people of the State of Nevada;
(b) Indirectly benefit all industries of the state;
(c) Indirectly benefit the State of Nevada in the increase of its taxable property valuation;
(d) Directly benefit residents of the State of Nevada by providing adequate supplies of water for domestic, municipal and industrial use;
(e) Directly benefit lands to be irrigated or drained from works to be constructed;
κ1963 Statutes of Nevada, Page 766 (CHAPTER 354, AB 486)κ
(f) Directly benefit lands now under irrigation by stabilizing the flow of water in streams and by increasing flow and return flow of water to such streams; [and]
(g) Directly benefit urban use of water or development of water resources by flood control; and
(h) Promote the comfort, safety and welfare of the people of the State of Nevada.
2. It is therefore declared to be the policy of the State of Nevada:
(a) To control, make use of and apply to beneficial use unappropriated waters in this state to a direct and supplemental use of such waters for domestic, manufacturing, irrigation, power and other beneficial uses.
(b) To cooperate with the United States and agencies thereof under the federal reclamation laws or other federal laws now or hereafter enacted and to construct and finance works within or without the State of Nevada as herein defined and to operate and maintain the same.
Sec. 5. NRS 541.040 is hereby amended to read as follows:
541.040 The district court sitting in and for any county in this state is hereby vested with jurisdiction, power and authority, when the conditions stated in NRS 541.050 are found to exist, to establish water conservancy districts, which may be entirely within or partly within and partly without the judicial district in which the court is located, [for conserving, developing and stabilizing supplies of water for domestic, irrigation, power, manufacturing and other beneficial uses as herein provided;] for the purposes enumerated in NRS 541.030; but the terms of this chapter shall not be construed to confer upon such district court jurisdiction in proceedings provided for herein to hear, adjudicate and settle questions concerning the priority of appropriation of water between districts organized under this chapter and ditch companies and other owners of ditches drawing water for irrigation purposes from the same stream or its tributaries.
Sec. 6. NRS 541.050 is hereby amended to read as follows:
541.050 1. Before any water conservancy district shall be established under this chapter, a petition shall be filed in the office of the clerk of the court vested with jurisdiction, in a county in which all or part of the lands embraced within such proposed water conservancy district are situated. The petition shall, in a case where the proposed district is situated in one county only, be signed by not fewer than 20 percent of the owners of land (as hereinafter defined) within the proposed district not embraced within the limits of any incorporated or unincorporated city or town; and be also signed by not fewer than 5 percent, or 100 (whichever is the lesser), of the owners of land embraced within the limits of each incorporated or unincorporated city or town situated within the proposed district. In a case where the proposed district is situated in more than one county, the petition shall be signed by not fewer than 10 percent, or 500 (whichever is the lesser), of the owners of land (as hereinafter defined) in each county, or portion thereof, within the proposed district not embraced within the limits of any incorporated or unincorporated city or town; and be also signed by not fewer than 5 percent, or 100 (whichever is the lesser), of the owners of land embraced within the limits of each incorporated or unincorporated city or town situated in the proposed district.
κ1963 Statutes of Nevada, Page 767 (CHAPTER 354, AB 486)κ
of any incorporated or unincorporated city or town; and be also signed by not fewer than 5 percent, or 100 (whichever is the lesser), of the owners of land embraced within the limits of each incorporated or unincorporated city or town situated in the proposed district. Opposite the signature of each petitioner there shall be set forth a brief description or designation by county assessors record or otherwise of the land owned by him and a statement of the acreage thereof.
The term owners of land, as used in this subsection with reference to persons outside the limits of an incorporated or unincorporated city or town within the district, shall mean those persons who own 5 acres or more of real estate; and the term owners of land, as used in this subsection with reference to persons within an incorporated or unincorporated city or town, shall mean those persons who own real estate, including any improvements thereon, having an assessed valuation of $300 or more.
2. If a petitioner shall sign such petition both as owner of land situated within, and of land situate without, an incorporated or unincorporated city or town, his name shall be counted only as an owner of land situated without an incorporated or unincorporated city or town. A signing petitioner shall not be permitted, after the filing of the petition, to withdraw his name therefrom.
3. No district shall be formed under this chapter unless the assessed valuation of the land, together with improvements thereon, within the proposed district, exceeds $500,000 and unless the signing petitioners have lands, together with improvements thereon, of an assessed value of at least $50,000.
4. The petition shall set forth:
(a) The proposed name of the district.
(b) That the property within the proposed district will be benefited by the accomplishment of the purposes enumerated in NRS [541.040.] 541.030.
(c) A general description of the purpose of the contemplated improvement and of the territory to be included in the proposed district. The description need not be given by metes and bounds or by legal subdivisions, but shall be sufficient to enable a property owner to ascertain whether his property is within the territory proposed to be organized as a district. The territory need not be contiguous, provided it is so situated that the organization of a single district of the territory described is calculated to promote one or more of the purposes enumerated in NRS 541.030.
(d) That the assessed value of all land, together with the improvements thereon, within the boundaries of the proposed district exceeds $500,000.
(e) A general designation of the divisions of the district, any one or more of which may, if so provided in the petition, be constituted of an existing irrigation or other district organized under the laws of the State of Nevada or of an incorporated city or town, or combination of incorporated cities or towns, within the water conservancy district.
κ1963 Statutes of Nevada, Page 768 (CHAPTER 354, AB 486)κ
(f) The name of the principal subcontracting agency or agencies with which it is proposed the water conservancy district shall enter into a contract or contracts.
(g) The number of directors of the proposed district which may, in addition to one director for each division thereof, include as director a representative of the proposed principal subcontracting agency named in the petition, or, if more than one such agency be named in the petition, then one representative of each principal subcontracting agency named therein.
(h) A prayer for the organization of the district by the name proposed.
5. No petition with the requisite signatures shall be declared void on account of alleged defects, but the court may at any time permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed shall be considered by the court the same as though filed with the first petition placed on file.
6. In determining whether the requisite number of landowners have signed the petition, the court shall be governed by the names as they appear upon the tax roll, which shall be prima facie evidence of such ownership.
Sec. 7. NRS 541.140 is hereby amended to read as follows:
541.140 The board shall have power on behalf of the district:
1. To have perpetual succession.
2. To take by appropriation, grant, purchase, bequest, devise or lease, and to hold and enjoy water, waterworks, water rights and sources of water supply and any and all real and personal property of any kind within or without the district or within or without the State of Nevada necessary or convenient to the full exercise of its powers; and to sell, lease, encumber, alienate or otherwise dispose of water, waterworks, water rights and sources of supply of water for use within and without the district and within and without the State of Nevada; also, to acquire, construct, operate, control and use any and all works, facilities and means necessary or convenient to the exercise of its power, both within and without the district, and within and without the State of Nevada, and to do and perform any and all things necessary or convenient to the full exercise of the powers herein granted.
3. To have and to exercise the power of eminent domain, and, in the manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers herein granted.
4. To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant public lands, which public lands are now, or may become, the property of the State of Nevada, and to construct works and establish and maintain facilities across any stream of water or watercourse in accordance with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof.
κ1963 Statutes of Nevada, Page 769 (CHAPTER 354, AB 486)κ
or watercourse in accordance with the laws of the State of Nevada, provided that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to impair completely or unnecessarily the usefulness thereof. The grant of the right to use such vacant state land shall be effective upon the filing by such district with the state land registrar of an application showing the boundaries, extent and locations of the lands, rights-of-way or easements desired for such purposes. If the lands, rights-of-way or easements for which application shall be made are for the construction of any aqueduct, ditch, pipeline, conduit, tunnel or other works for the conveyance of water, or for roads, or for poles or towers, and wires for the conveyance of electrical energy or for telephonic or telegraphic communication, no compensation shall be charged the district therefor, unless in the opinion of the state land registrar the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsalable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsalable, at a rate not exceeding $2.50 per acre. If the lands for which application is made are for purposes other than the construction of roads or works for the conveyance of water, or electricity or telephonic or telegraphic communication, such district shall pay the state for such lands at a rate not exceeding $2.50 per acre. Upon filing such application, accompanied by a map or plat showing the location or proposed location of such works and facilities, the fee title to so much of such state lands as shall be necessary or convenient to enable such district efficiently and without interference to construct, maintain and operate its works and to establish, maintain and operate its facilities shall be conveyed to the district by patent. If an easement or right-of-way only over such lands be sought by the district, such easement or right-of-way shall be evidenced by a permit or grant executed by or on behalf of the state land registrar. The state land registrar may reserve easements and rights-of-way in the public across any lands in such patents, grants or permits described for streets, roads and highways, established according to law. Before any such patent, grant or permit shall be executed, any compensation due to the state under the provisions hereof must be paid. No fee shall be exacted from the district for any patent, permit or grant so issued or for any service rendered hereunder. In the use of streets the district shall be subject to the reasonable rules and regulations of the county, city or town where such streets lie, concerning excavation and the refilling of excavation, the re-laying of pavements and the protection of the public during periods of construction; but the district shall not be required to pay any license or permit fees, or file any bonds. The district may be required to pay reasonable inspection fees.
5. To contract with the Government of the United States or any agency thereof, the State of Nevada or any of its cities, counties or other governmental subdivisions, for the construction, preservation, operation and maintenance of tunnels, drains, pipelines, reservoirs, ditches and waterways, regulating basins, diversion canals and works, dams, powerplants and all necessary works incident thereto within and without the State of Nevada, and to acquire perpetual rights to the use of water and electrical energy from such works; to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private within or without the State of Nevada.
κ1963 Statutes of Nevada, Page 770 (CHAPTER 354, AB 486)κ
operation and maintenance of tunnels, drains, pipelines, reservoirs, ditches and waterways, regulating basins, diversion canals and works, dams, powerplants and all necessary works incident thereto within and without the State of Nevada, and to acquire perpetual rights to the use of water and electrical energy from such works; to sell and dispose of perpetual rights to the use of water and electrical energy from such works to persons and corporations, public and private within or without the State of Nevada.
6. To list in separate ownership the lands within the district which are susceptible of irrigation from district sources and to make an allotment of water to all such lands, which allotment of water shall not exceed the maximum amount of water that the board determines could be beneficially used on such lands; to levy assessments, as hereinafter provided, against the lands within the district to which water is allotted on the basis of the value per acre-foot of water allotted to the lands within the district; but the board may divide the district into units and fix a different value per acre-foot of water in the respective units, and, in such case, shall assess the lands within each unit upon the same basis of value per acre-foot of water allotted to lands within such unit.
7. To fix rates at which water not allotted to lands, as hereinbefore provided, shall be sold, leased or otherwise disposed of; but rates shall be equitable although not necessarily equal or uniform for like classes of service throughout the district.
8. To enter into contracts, employ and retain personal services and employ laborers; to create, establish and maintain such offices and positions as shall be necessary and convenient for the transaction of the business of the district; and to elect, appoint and employ such officers, attorneys, agents and employees therefor as shall be found by the board to be necessary and convenient.
9. To adopt plans and specifications for the works for which the district was organized, which plans and specifications may at any time be changed or modified by the board. Such plans shall include maps, profiles, and such other data and descriptions as may be necessary to set forth the location and character of the works, and a copy thereof shall be kept in the office of the district and open to public inspection.
10. To appropriate and otherwise acquire water and water rights within or without the state; to develop, store and transport water; to subscribe for, purchase and acquire stock in canal companies, water companies, and water users associations; to provide, sell, lease, and deliver water for municipal and domestic purposes, irrigation, power, milling, manufacturing, mining, metallurgical and any and all other beneficial uses, and to derive revenue and benefits therefrom; to fix the terms and rates therefor; and to make and adopt plans for and to acquire, construct, operate and maintain dams, reservoirs, ditches, waterways, canals, conduits, pipelines, tunnels, powerplants and any and all works, facilities, improvements and property necessary or convenient therefor, and in the doing of all such things to obligate itself and execute and perform such obligations according to the tenor thereof.
κ1963 Statutes of Nevada, Page 771 (CHAPTER 354, AB 486)κ
11. To generate electric energy and to contract for the generation, distribution and sale of such energy.
12. To invest any surplus money in the district treasury, including such money as may be in any sinking fund established for the purpose of providing for the payment of the principal or interest of any contract, or other indebtedness, or for any other purpose, not required for the immediate necessities of the district, in treasury notes or bonds of the United States, or of this state, or of any state, county or municipal corporation. Any bonds or treasury notes thus purchased and held may, from time to time, be sold and the proceeds reinvested in bonds or treasury notes as above provided. Sales of any bonds or treasury notes thus purchased and held shall from time to time be made in season so that the proceeds may be applied to the purposes for which the money with which the bonds or treasury notes were originally purchased was placed in the treasury of the district. The functions and duties authorized by this subsection shall be performed under such rules and regulations as shall be prescribed by the board.
13. To borrow money from the State of Nevada or other sources and incur indebtedness and to pledge revenues of the district to secure the [same.] repayment of any money so borrowed.
14. To adopt bylaws not in conflict with the constitution and laws of the state for carrying on the business, objects and affairs of the board and of the district.
15. To construct works for the drainage of lands within the district and to levy special assessments against the lands drained by such works for the repayment of the costs thereof.
Sec. 8. NRS 541.150 is hereby amended to read as follows:
541.150 1. Subdistricts may be organized upon the petition of the owners of real property within, or partly within and partly without, the district, which petition shall be in substantially the same form and shall fulfill the same requirements concerning the subdistricts as the petition outlined in NRS 541.050 is required to fulfill concerning the organization of the main district. The petition shall also contain a statement of the minimum quantity of water which the subdistrict proposes to acquire from the district for perpetual use and the court shall, prior to the entry of its decree organizing a subdistrict, require that the petitioners attach to the petition written evidence of the consent of the board of directors of the water conservancy district to furnish to such subdistrict the perpetual use of water for the purpose therein specified.
2. Petitions for the organization of subdistricts shall be filed with the clerk of the court and shall be accompanied by a bond as provided for in NRS 541.060. The procedure for the organization of subdistricts shall be the same as for the organization of districts.
3. A subdistrict shall be a separate entity within the district and shall have authority to contract with the district for the furnishing of water and for other purposes.
4. Within 30 days after entering the decree incorporating a subdistrict, the court shall appoint a board of directors of the district consisting of not exceeding seven persons who are owners of real property in the subdistrict, and who may be directors of the district.
κ1963 Statutes of Nevada, Page 772 (CHAPTER 354, AB 486)κ
consisting of not exceeding seven persons who are owners of real property in the subdistrict, and who may be directors of the district. The provisions of NRS 541.100, except as to the number of directors, shall be applicable to subdistricts. The board of directors of a subdistrict shall have all of the powers, rights and privileges granted to a district board under the provisions of this chapter, including specifically, but not limited to, the right of the subdistrict board to levy and collect taxes and assessments referred to in NRS 541.140, 541.160 and 541.240 to carry out its separate purposes. Such taxes and assessments may be levied and collected by the subdistrict notwithstanding the fact that taxes and assessments are being levied and collected by the district in which such subdistrict may lie, to carry out the district purposes; but the only purpose for which a subdistrict may levy and collect taxes pursuant to NRS 541.160 shall be to pay the expense of its organization and administration, and for surveys and plans, and such taxes shall not exceed 10 cents on $100 assessed valuation of the property within the subdistrict.
Sec. 9. NRS 541.160 is hereby amended to read as follows:
541.160 In addition to the other means of providing revenue for such districts as herein provided, the board shall have power and authority to levy and collect taxes and special assessments for maintaining and operating such works and paying the obligations and indebtedness of the district by any one or more of the methods or combinations thereof, classified as follows:
1. Class A. To levy and collect taxes upon all property within the district as hereinafter provided.
2. Class B. To levy and collect assessments for special benefits accruing to property within municipalities for which use of water is allotted as hereinafter provided.
3. Class C. To levy and collect assessments for special benefits accruing to lands within irrigation districts for which use of water is allotted as hereinafter provided.
4. Class D. To levy and collect assessments for special benefits accruing to lands for which use of water is allotted as hereinafter provided.
5. Class E. In the case of any subdistrict located in a county with a population of 75,000 or more and less than 120,000, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, to levy and collect assessments for special benefits accruing to lands from irrigation, flood control, drainage, safety and health resulting or to result from projects undertaken by the district.
Sec. 10. NRS 541.340 is hereby amended to read as follows:
541.340 1. Whenever the board of a district incorporated under this chapter shall, by resolution adopted by a majority of the board, determine that the interests of the district and the public interest or necessity demand the acquisition, construction or completion of any source of water supply, waterworks, or other improvements, or facility, or the making of any contract with the United States, the State of Nevada, or other persons or corporations, to carry out the objects or purposes of the district, wherein the indebtedness or obligations shall be created, to satisfy which shall require a greater expenditure than the ordinary annual income and revenue of the district shall permit, the board shall order the submission of the proposition of issuing such obligation or indebtedness, for the purposes set forth in the resolution, to such qualified electors of the district as shall have paid a tax on property in the district in the year preceding such election, at an election held for that purpose.
κ1963 Statutes of Nevada, Page 773 (CHAPTER 354, AB 486)κ
Nevada, or other persons or corporations, to carry out the objects or purposes of the district, wherein the indebtedness or obligations shall be created, to satisfy which shall require a greater expenditure than the ordinary annual income and revenue of the district shall permit, the board shall order the submission of the proposition of issuing such obligation or indebtedness, for the purposes set forth in the resolution, to such qualified electors of the district as shall have paid a tax on property in the district in the year preceding such election, at an election held for that purpose. In the order submitting such propositions to the electors the board shall, if it is proposed that the indebtedness be secured by pledge of any revenues of the district, so state, and shall designate the revenues to be so pledged.
2. Any election held for the purpose of submitting any proposition or propositions of incurring such obligation or indebtedness may be held separately, or may be consolidated or held concurrently with any other election authorized by law at which such qualified electors of the district shall be entitled to vote.
3. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite:
(a) The objects and purposes for which the indebtedness is proposed to be incurred.
(b) The estimated cost of the works or improvements, as the case may be.
(c) The amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness.
4. The resolution shall also:
(a) Fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness.
(b) Fix the compensation to be paid the officers of the election and shall designate the precincts and polling places and shall appoint for each polling place, from each precinct from the electors thereof, the officers of such election, which officers shall consist of three judges, one of whom shall act as clerk, who shall constitute a board of election for each polling place.
5. The description of precincts may be made by reference to any order or orders of the board of county commissioners of the county or counties in which the district or any part thereof is situated, or by reference to any previous order or resolution of the board or by detailed description of such precincts. Precincts established by the boards of the various counties may be consolidated for special elections held hereunder.
6. If any such election shall be called to be held concurrently with any other election or shall be consolidated therewith, the resolution calling the election hereunder need not designate precincts or polling places or the names of officers of election, but shall contain reference to the act or order calling such other election and fixing the precincts and polling places and appointing election officers therefrom.
κ1963 Statutes of Nevada, Page 774 (CHAPTER 354, AB 486)κ
places or the names of officers of election, but shall contain reference to the act or order calling such other election and fixing the precincts and polling places and appointing election officers therefrom.
Sec. 11. This act shall become effective upon passage and approval.
________
Assembly Bill No. 370Mr. Manning
CHAPTER 355
AN ACT to amend NRS section 611.100, relating to the employment agency fund, by authorizing the labor commissioner, subject to some provisions of the state budget act, to use the moneys in such fund for investigations of applicants for licenses, and to apply any excess of the administration of the office of labor commissioner; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 611.100 is hereby amended to read as follows:
611.100 1. At the end of each month the labor commissioner shall make an itemized account of all moneys received by him as license fees under the provisions of NRS 611.020 to 611.320, inclusive, and shall pay the moneys to the state treasurer. Such moneys shall be held in a separate fund to be known as the employment agency fund. [and shall be used for expenses incurred in printing blanks, books and receipts to be furnished to licensed employment agencies by the labor commissioner.]
2. Subject to the provisions of NRS 353.210 to 353.220, inclusive, the labor commission may use the moneys in such fund:
(a) To print blanks, books and receipts to be furnished to licensed employment agencies by the labor commissioner.
(b) To cover the costs of investigating applicants for licenses required under NRS 611.030.
(c) To defray the costs of the administration of the office of labor commissioner, to the extent that any excess remains in such fund after payment of the expenses enumerated in paragraphs (a) and (b).
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 775κ
Assembly Bill No. 164Messrs. Christensen and Valentine
CHAPTER 356
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 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 15 of Article XV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 403, is hereby amended to read as follows:
Section 15. [The city shall have the power to acquire and purchase water, light, gas, and power systems and any public utility, and to hold, manage and operate the same when acquired, for the public use and benefit of the people of the city. The council, when deemed advisable, shall submit a proper resolution and the same may be voted upon by the people in all respects as provided herein for special elections.] The city shall have the power to grant franchises and to acquire by purchase, installment purchase, construction, reconstruction, lease, option to purchase, lease with option to purchase, gift, grant, endowment, bequest, devise, installation, condemnation or in any other manner (or any combination thereof), water, sewer, sewage disposal, light, gas and power systems and any other public utility, city halls, fire stations, engine houses for the fire department, and other necessary public buildings, parks, recreation centers, and necessary equipment for departments of the city (such acquisitions hereafter sometimes referred to in this article as the facilities or as the project), and to hold, manage and operate the same either alone or jointly with the Federal Government, 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 other political subdivision of the state.
Sec. 2. Section 15.01 of Article XV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 404, is hereby amended to read as follows:
Section 15.01. [The council shall have the power by ordinance to grant any franchise or create any city or municipal bonded indebtedness but no ordinance for such purpose or purposes shall be valid or effective for any purpose unless] 1. The city council shall have the power to borrow money from time to time to defray, wholly or in part, the cost of acquiring the facilities, or for any other public purpose as determined by the city council, notwithstanding that such purpose is not otherwise enumerated in this charter or any other general or special act, and to issue debentures, warrants, bonds, interim receipts, temporary certificates, temporary bonds and notes (hereafter sometimes collectively referred to in this article as securities) to evidence such borrowing.
κ1963 Statutes of Nevada, Page 776 (CHAPTER 356, AB 164)κ
2. The council may pledge the full faith and credit of the city for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the general obligations of the city payable from the proceeds of general (ad valorem) taxes (hereafter sometimes referred to in this section as tax proceeds) levied without limitation of rate or amount, except for constitutional limitations, and from any other revenues of the city other than tax proceeds available therefor (hereafter sometimes referred to in this section as other revenues of the city). Their payment may be additionally secured by a specific pledge of other revenues of the city, or part thereof (subject to any prior pledges), and the council may cause to be deposited such other revenues of the city so pledged in any fund or funds created to pay the securities or created additionally to secure their payment.
3. The council may directly pledge other revenues of the city, or any part thereof (subject to the prior payment of the operation and maintenance expenses, if any, incurred by the city or its instrumentalities in producing such revenues and to any other prior pledges) for the payment of any securities, the interest thereon, any prior redemption premium or premiums, or any other charges appertaining thereto. Such securities shall constitute the special obligations of the city payable directly from the other revenues of the city so pledged, and their payment may be additionally secured by a specific pledge of tax proceeds to be utilized in such amounts and in such manner as the council may determine. Securities issued pursuant to this subsection 3 or the next-preceding subsection 2 of this section 15.01 shall not be construed to be a debt within the meaning of any statutory or charter limitation.
4. (a) Each series of securities shall be authorized by ordinance and shall bear such date or dates, shall be in such convenient denomination or denominations, shall mature at any time or times from and after such date or dates, but in no event exceeding 35 years thereafter, 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 securities may represent interest for any period not in excess of 1 year, as may be prescribed by the authorizing ordinance; and such securities 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 securities, 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 such securities so redeemed as determined by the council.
(b) Each series of securities issued pursuant to subsection 2 of this section 15.01 shall mature, insofar as practicable, in substantially equal annual installments of principal, or upon an amortization plan for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities 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 such outstanding securities of the city; 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.
κ1963 Statutes of Nevada, Page 777 (CHAPTER 356, AB 164)κ
for such securities so that substantially equal annual tax levies shall be required for the payment of the principal of and the interest on such securities, or upon an amortization plan for all general obligation securities 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 such outstanding securities of the city; 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.
(c) Each series of securities issued pursuant to subsection 3 of this section 15.01 may mature without limitation as to time, manner or amount but not exceeding the maximum term heretofore specified.
(d) Securities may be issued with privileges for registration for payment as to principal, or both principal and interest, and where interest accruing on the securities is not represented by interest coupons, the securities may provide for the endorsing of payments of interest thereon; and the securities generally shall be issued in such manner, in such form, with such recitals, terms, covenants and conditions, with such provisions for conversion into securities of other denominations, and with such other details, as may be provided by the council in the ordinance or ordinances authorizing the securities, except as herein otherwise provided.
(e) Pending preparation of the definitive securities, interim or temporary securities, in such form and with such provisions as the council may determine, may be issued.
(f) Except for payment provisions herein expressly provided, the securities, any interest coupons thereto attached, and such interim or temporary securities shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
(g) Notwithstanding any other provision of law, the council, in any proceedings authorizing securities hereunder:
(1) May provide for the initial issuance of one or more securities (in this paragraph (g) called bond) aggregating the amount of the entire issue or any portion thereof.
(2) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable.
(3) May 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.
(4) 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 securities of smaller denominations, which securities of smaller denominations may in turn be either coupon securities or securities registrable as to principal, or both principal and interest, or either, at the option of the holder.
κ1963 Statutes of Nevada, Page 778 (CHAPTER 356, AB 164)κ
(h) If lost or completely destroyed, any security may be reissued in the form and tenor of the lost or destroyed security upon the owners furnishing, to the satisfaction of the council:
(1) Proof of ownership.
(2) Proof of loss or destruction.
(3) A surety bond in twice the face amount of the security and coupons.
(4) Payment of the cost of preparing and issuing the new security.
(i) Any security shall be executed in the name of and on behalf of the city and signed by the mayor, countersigned by the treasurer, with the seal of the city affixed thereto and attested by the clerk.
(j) Except for such securities which are registrable for payment of interest, interest coupons payable to bearer shall be attached to the securities and shall bear the original or facsimile signature of the treasurer.
(k) 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 security 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 security (excluding any interest coupon) shall be manually subscribed, and his facsimile signature has the same legal effect as his manual signature.
(l) The clerk may cause the seal of the municipality to be printed, engraved, stamped or otherwise placed in facsimile on any security. The facsimile seal has the same legal effect as the impression of the seal.
(m) The securities 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 have ceased to fill their respective offices.
(n) Any officer herein authorized or permitted to sign any security, 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 security or coupons pertaining thereto, or upon both the security and such coupons.
(o) The securities shall otherwise be issued in such manner, 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.
5. Any ordinance authorizing the issuance of securities pursuant to subsection 2 or 3 of this section 15.01 or any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred hereby), in order to secure the payment of such securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
κ1963 Statutes of Nevada, Page 779 (CHAPTER 356, AB 164)κ
securities, in agreement with the holders and owners of such securities, as to any one or more of the following:
(a) 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 any revenue-producing project, 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.
(b) The acquisition, improvement or equipment of all or any part of any revenue-producing project.
(c) The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any securities or of operation and maintenance expenses of any revenue-producing project, 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.
(d) A fair and reasonable payment by the city from its general fund or other available moneys to the account of a designated project for any facilities or commodities furnished or services rendered thereby to the city or any of its departments, boards or agencies.
(e) The purpose or purposes to which the proceeds of the sale of securities may be applied, and the custody, security, use, expenditure, application and disposition thereof.
(f) The payment of the principal of and interest on any securities, and the sources and methods thereof, the rank or priority of any securities as to any lien or security for payment, or the acceleration of any maturity of any securities, or the issuance of other or additional securities payable from or constituting a charge against or lien upon any revenues pledged for the payment of securities and the creation of future liens and encumbrances thereagainst, and limitations thereon.
(g) 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.
(h) The determination or definition of revenues from any revenue-producing project 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.
(i) The insurance to be carried by the city and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to any project or funds, or both, and the use and disposition of any proceeds of such securities.
(j) Books of account, the inspection and audit thereof, and other records appertaining to a revenue-producing project herein authorized.
(k) The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of a revenue-producing project or any securities having or which may have a lien on any part of any revenues of the project.
κ1963 Statutes of Nevada, Page 780 (CHAPTER 356, AB 164)κ
(l) 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 any revenue-producing project.
(m) The vesting in a corporate or other trustee or trustees of 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 securities, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
(n) The payment of costs or expenses incident to the enforcement of the securities or of the provisions of the ordinance or of any covenant or contract with the holders of the securities.
(o) The procedure, if any, by which the terms of any covenant or contract with, or duty to, the holders of securities may be amended or abrogated, the amount of securities the holders of which must consent thereto, and the manner in which such consent may be given or evidenced.
(p) 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.
(q) The terms and conditions upon which the holders of the securities or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.
(r) The terms and conditions upon which the holders of the securities 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 revenue-producing project, 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.
(s) A procedure by which the terms of any ordinance authorizing securities, or any other contract with any holders of securities, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of securities the holders of which must consent thereto and the manner in which such consent may be given.
(t) The terms and conditions upon which any or all of the securities 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.
(u) All such acts and things as may be necessary or convenient or desirable in order to secure the citys securities, or in the discretion of the council tend to make the securities 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 securities and for their security except as herein specifically limited.
6. The council is hereby authorized to sell such securities 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 781 (CHAPTER 356, AB 164)κ
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. No discount or commission shall be allowed or paid on or for any such sale to any purchaser or bidder, directly or indirectly; but the council may employ legal, fiscal, engineering and other expert services in connection with the authorization, issuance and sale of such securities.
7. Except as hereinafter provided, the question of the issuance of such securities shall be submitted to, and carried by a majority vote of, both the real property owners and their spouses and also the other qualified electors of the city voting thereon at a general or special election called for that purpose in the manner prescribed by the provisions of NRS 350.020 to 350.070, inclusive, and the general laws of the state; but the council may dispense with the requirement for an election by the unanimous vote of all members of the council (excluding the mayor) and submit a resolution authorizing the securities to the referendum procedure hereafter provided. In that event, and in the case of every franchise (no election being required on franchises except as hereafter provided), the council shall first pass a resolution which shall set forth fully, and in detail, the purpose or purposes of the proposed [bonded indebtedness,] securities, the terms, amount, maximum rate of interest, and time within which redeemable and on what fund; or the applicant for, the purpose and character of, terms, time, and conditions of the proposed franchise, as the case may be. Such resolution shall be published in full in some newspaper published in the city or county, for at least two publications in the [two] 2 weeks succeeding its passage. On the first regular meeting of the council, after the expiration of the period of such publication, the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the issuing of the [bonds,] securities, or the granting of the franchise, as the case may be; provided, that such [bonds] securities shall be issued [or municipal indebtedness created,] or franchise granted, as the case may be, only on substantially the same terms and conditions [in all respects] as expressed in the resolution as published; otherwise such ordinance shall be null and void. [; and provided further, that the council shall dispose of said bonds or franchise, as the case may be, only to the person or persons offering the best and most advantageous terms to the city.]
Sec. 3. Section 15.02 of Article XV of the above-entitled act, being chapter 180, Statutes of Nevada 1949, at page 404, is hereby amended to read as follows:
Section 15.02. The ordinance passed, as in the next preceding section provided for, shall be valid to all intents and purposes as other ordinances fully and legally passed by the council, and any [municipal bonded indebtedness created, bonds] securities issued, or franchise granted thereby, shall be in all respects valid and legal; provided, that if at any time within [twelve] 12 days from the date of the first publication of the resolution mentioned in the preceding section, a petition signed by not less than [one hundred residents and taxpayers in said city, representing not less than one-tenth of the taxable property of said city, according to the next preceding assessment roll,] 100 residents of the city over the age of 21 years shall be presented to the council, praying for a special election in [said] the city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the council to call a special election as soon as practicable; and notice shall be given in some newspaper published in the city or county, which notice shall refer to the resolution hereinbefore mentioned; and the notice shall be published at least three [(3)] times during the period of the [two] 2 weeks preceding such election.
κ1963 Statutes of Nevada, Page 782 (CHAPTER 356, AB 164)κ
petition signed by not less than [one hundred residents and taxpayers in said city, representing not less than one-tenth of the taxable property of said city, according to the next preceding assessment roll,] 100 residents of the city over the age of 21 years shall be presented to the council, praying for a special election in [said] the city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the council to call a special election as soon as practicable; and notice shall be given in some newspaper published in the city or county, which notice shall refer to the resolution hereinbefore mentioned; and the notice shall be published at least three [(3)] times during the period of the [two] 2 weeks preceding such election. The council shall in due time make provision for holding such special election, and the city clerk shall prepare, at the expense of the city, suitably printed stationery for use as ballots. All elections to determine the issuance or nonissuance of bonds shall conform to the requirements of [chapter 70 of the 1937 Statutes of Nevada as said chapter is or may be amended.] NRS 350.020 to 350.070, inclusive, and the general laws of the state insofar as the same may be applicable.
Sec. 4. 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 securities hereunder. No other statute, law or provision with regard to the authorization or issuance of securities 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 provision. 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 for the city 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. This act shall have no application and shall not operate as a limitation on special assessment or local improvement securities issued pursuant to any general or special act.
Sec. 5. 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. 6. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 783κ
Senate Bill No. 283Committee on Finance
CHAPTER 357
AN ACT appropriating $95,000 from the general fund in the state treasury to the legislative fund.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. There is hereby appropriated from the general fund in the state treasury to the legislative fund existing pursuant to the provisions of NRS 218.085 the sum of $95,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 237Committee on Finance
CHAPTER 358
AN ACT to amend NRS section 488.075, relating to the application and issuance of motorboat numbers and the boat licensing fund, by providing for expenditures from the boat licensing fund to the extent authorized by the legislature; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 488.075 is hereby amended to read as follows:
488.075 1. The owner of each motorboat requiring numbering by this state shall file an application for number with the department on forms approved by it accompanied by such evidence of ownership as the department may require.
2. The application shall be signed by the owner of the motorboat and shall be accompanied by a fee of $5. All fees received under the provisions of this chapter for original and renewal registration and for transfer of registration shall be deposited in the state treasury to the credit of the boat licensing fund which is hereby created. All expenses incurred in the administration of the licensing provisions of this chapter shall be paid, to the extent authorized by the legislature, from the boat licensing fund. The boat licensing fund shall be a continuing fund and no moneys in such fund shall revert to the general fund in the state treasury at any time. Upon receipt of the application in approved form, the department shall:
(a) Enter the same upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat and the name and address of the owner and legal owner.
(b) Immediately give written notice to the county assessor of the county wherein such motorboat is situated, which notice shall contain the name and address of the owner and identifying information concerning such motorboat.
κ1963 Statutes of Nevada, Page 784 (CHAPTER 358, SB 237)κ
the name and address of the owner and identifying information concerning such motorboat.
3. The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by rules and regulations of the department in order that it may be clearly visible. The number shall be maintained in legible condition. If an agency of the United States Government has in force an overall system of identification numbering for motorboats within the United States, the regulations of the department as to size, color and type of number shall be in conformity therewith.
4. The certificate of number shall be pocket size and shall be available at all times for inspection on the motorboat for which issued, whenever such motorboat is in operation.
5. The department shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by such manufacturers and dealers in connection with the demonstration, sale or exchange of such motorboats. The fee for each such number shall be $5.
________
Senate Bill No. 141Committee on Judiciary
CHAPTER 359
AN ACT to amend NRS section 80.240, relating to the acquisition of loans secured by real property situated in this state by foreign corporations not qualified to do business in the state and service of process on such corporations, by clarifying terms; by providing for notice to any such foreign corporation of any process against it served upon the secretary of state; and by providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 80.240 is hereby amended to read as follows:
80.240 1. Any corporation or insurance association organized under the laws of any other state, district or territory of the United States, or foreign government, which does not maintain an office in this state for the transaction of business, may carry on any one or more of the following activities:
(a) The acquisition of loans, notes or other evidences of indebtedness secured by mortgages, deeds or deeds of trust on real property situated in this state, by purchase or assignment [,] from, or by participation with, a domestic lender, pursuant to the commitment agreement or arrangements made prior to or following the origination, creation or execution of such loans, notes or other evidences of indebtedness.
(b) The ownership, modification, renewal, extension or transfer of such loans, notes or other evidences of indebtedness, the foreclosure of such mortgages or deeds of trust, or the acceptance of additional obligors thereon.
κ1963 Statutes of Nevada, Page 785 (CHAPTER 359, SB 141)κ
such mortgages or deeds of trust, or the acceptance of additional obligors thereon.
(c) The maintaining or defending of any action or suit relative to such loans, notes, mortgages or deeds of trust.
(d) The maintaining of bank accounts in Nevada banks in connection with the collection or securing of such loans.
(e) The making, collection or servicing of such loans.
(f) The acquisition of title to property under foreclosure sale or from owners in lieu of foreclosure, and the management, rental, maintenance, sale or otherwise dealing or disposing of such real property.
(g) The physical inspection and appraisal of all property in Nevada which is to be given as security for such loans and negotiations for the purchase of such loans.
2. Any corporation or association carrying on the activities enumerated in subsection 1 of this section shall, for the purpose of this section, be deemed to have appointed the secretary of state as its agent [for all purposes for which corporate resident agents are required under the general corporation laws of this state and] upon whom all lawful process in any action or legal proceeding against it relative to any loan, mortgage or deed of trust enumerated in subsection 1 of this section or any cause of action arising in this state may be served, and any such lawful process against it which may be served upon the secretary of state as provided in this section shall be of the same force and validity as if served upon the corporation or association.
3. Process authorized by subsection 2 of this section shall be served by delivering to and leaving with the secretary of state duplicate copies of such process with payment of a fee in the sum of $2, and service thereof upon the secretary of state shall be deemed service upon the corporation or association. The secretary of state shall forthwith forward one copy of each such process by registered mail prepaid to the corporation or association, or in the case of a corporation or association organized under the laws of a foreign government, to the United States manager or last appointed United States general agent of the corporation or association, giving the day and the hour of such service. Service of such process shall not be complete until the copy thereof has been so mailed and received by the corporation or association, and the registry receipt shall be prima facie evidence of the completion of such service. If service of summons is made upon the secretary of state in accordance with the provisions of this section, the time within which the corporation or association is required to appear shall be deemed to be extended 10 days.
4. Any corporation or association carrying on the activities enumerated in subsection 1 of this section shall, on or before June 30 of each year, file a list of officers and directors and shall pay a fee of $50 for filing the list of officers and directors and the fee shall be in lieu of any fees or charges otherwise imposed on corporations under the laws of this state. The filing of such annual list shall not constitute the maintenance of an office for the transaction of business within this state for the purposes of subsection 1 of this section.
κ1963 Statutes of Nevada, Page 786 (CHAPTER 359, SB 141)κ
maintenance of an office for the transaction of business within this state for the purposes of subsection 1 of this section.
[3.] 5. No corporation or association carrying on the activities stated in subsection 1 of this section shall be required to qualify or comply with any provision of NRS 80.010 to 80.230, inclusive, or Title 55 of NRS.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 444Washoe County Delegation
CHAPTER 360
AN ACT conveying a certain parcel of real property and improvements thereon located in Reno, Nevada, and commonly known as and called the state building, from the State of Nevada to Washoe County, Nevada, on the express condition that the Nevada historical society will be provided a minimum of 13,000 square feet of rent-free space and quarters therein as long as the Nevada historical society may require the same; to repeal chapters 40 and 195, Statutes of Nevada 1925, chapter 149, Statutes of Nevada 1927, chapter 215, Statutes of Nevada 1929, chapter 129, Statutes of Nevada 1931, and chapter 203, Statutes of Nevada 1947; to repeal NRS section 419.030, relating to quarters in the state building in Reno for veterans organizations; to repeal all other acts and parts of acts in conflict herewith; and providing other matters properly relating thereto.
[Approved April 18, 1963]
Whereas, In anticipation of the opening of the Nevada Transcontinental Highways Exposition in Reno, Nevada, in 1926, the legislature enacted chapter 40, Statutes of Nevada 1925, at pages 45 to 47, inclusive, which act authorized the construction and equipment of a Nevada building (sometimes known as the Nevada state building and state building in subsequent legislation) in the City of Reno at the expense of the State of Nevada; and
Whereas, By enactment of chapter 195, Statutes of Nevada 1925, at pages 342 and 343, that certain piece and parcel of land, situated in the City of Reno, known as Powning Park, and described as that piece and parcel of land bounded on the north by Mill Street; on the east by South Center Street; on the south by State Street and on the west by South Virginia Street in the City of Reno, and facing about 150 feet more or less on South Virginia Street, and 306 feet more or less on Mill Street was set apart and dedicated to the public as a site for the Nevada building without consideration by the City of Reno and the County of Washoe, the city and county being authorized to execute all conveyances necessary to transfer title to the land hereinbefore described to the State of Nevada; and
Whereas, In 1929, by the enactment of chapter 215, Statutes of Nevada 1929, at pages 411 and 412, the legislature declaring that the State of Nevada had no further use for the Nevada state building, the expense of maintaining and caring for the building being a sore burden upon the taxpayers of the State of Nevada, authorized a lease of such building to the City of Reno for a term of 99 years, and the State of Nevada thereby assumed the bonded indebtedness on the Nevada state building, which 1929 act was amended by chapter 129, Statutes of Nevada 1931, at pages 212 and 213; and
κ1963 Statutes of Nevada, Page 787 (CHAPTER 360, AB 444)κ
burden upon the taxpayers of the State of Nevada, authorized a lease of such building to the City of Reno for a term of 99 years, and the State of Nevada thereby assumed the bonded indebtedness on the Nevada state building, which 1929 act was amended by chapter 129, Statutes of Nevada 1931, at pages 212 and 213; and
Whereas, By lease dated June 11, 1929, the State of Nevada leased to the City of Reno the Nevada state building for a term of 99 years, the city in turn subleasing the building to Washoe County, which sublease occasioned the enactment of chapter 203, Statutes of Nevada 1947, at pages 679 and 680, authorizing a modification of the master lease; and
Whereas, Thereafter and prior to 1958 the City of Reno surrendered and abandoned the lease and the State of Nevada again took possession of the Nevada state building, which possession it today maintains under the supervision of the superintendent of the state department of buildings and grounds; and
Whereas, An emergency appropriation by the legislature was required in 1959 to defray the cost of maintenance, operation and repairs to the state building occasioned by its return to possession by the state, which appropriation was provided by chapter 481, Statutes of Nevada 1959, at page 857; and
Whereas, Because of the history of the state building hereinbefore in this preamble related and the attendant expensive costs of maintenance and operation by the state of a building which serves only a limited useful state purpose, it is proper that the State of Nevada convey the same to Washoe County subject to the conditions herein contained; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. Subject to the express condition contained in subsection 2, the State of Nevada hereby conveys to the County of Washoe, Nevada, in consideration of the matters hereinafter recited in subsection 2, that piece and parcel of land situate in the City of Reno, County of Washoe, State of Nevada, that is bounded on the north by Mill Street, on the east by South Center Street, on the south by State Street, and on the west by South Virginia Street in the City of Reno, and facing about 150 feet, more or less on South Virginia Street and 306 feet, more or less, on Mill Street, together with all buildings and appurtenances thereunto belonging or in anywise appertaining.
2. The conveyance of the property described in subsection 1 is made upon the express condition that the County of Washoe shall provide to the Nevada historical society, a state institution, for so long as the Nevada historical society may require, a minimum of 13,000 square feet, rent-free space and quarters in the building herein conveyed or in any remodeled, reconstructed or new building erected on all or a portion of the premises described in subsection 1, and a breach of this express condition by the County of Washoe shall cause the premises conveyed by this act to revert to the State of Nevada.
κ1963 Statutes of Nevada, Page 788 (CHAPTER 360, AB 444)κ
conveyed by this act to revert to the State of Nevada. The State of Nevada shall have the right of immediate reentry upon the premises in the event of any such breach.
Sec. 2. The following acts are hereby expressly repealed:
1. Chapter 40, Statutes of Nevada 1925, at page 45, entitled An act authorizing the construction and equipment of a Nevada building in the city of Reno, and the collection of exhibits to be placed therein; authorizing a bond issue and a tax levy for same; and other mattes properly relating thereto, approved March 2, 1925.
2. Chapter 195, Statutes of Nevada 1925, at page 342, entitled An Act to provide a site for the construction and maintenance of a Nevada building, in the city of Reno, for a continuous exhibit of state and county resources and relics collected by the Nevada historical society, and authorizing the city of Reno and county of Washoe to execute necessary conveyances to the State of Nevada, approved March 21, 1925.
3. Chapter 149, Statutes of Nevada 1927, at page 232, entitled An Act to repeal section 3 of an act entitled An Act authorizing the construction and equipment of a Nevada building in the city of Reno, and the collection of exhibits to be placed therein; authorizing a bond issue and a tax levy for same and other matters properly relating thereto, approved March 2, 1925, approved March 25, 1927.
4. Chapter 215, Statutes of Nevada 1929, at page 411, entitled An Act authorizing and directing the board of capitol commissioners of the State of Nevada to lease to the city of Reno for a period of ninety-nine years the Nevada state building situated in the city of Reno, subject to certain conditions and reservations, and other matters relating thereto, approved April 2, 1929.
5. Chapter 129, Statutes of Nevada 1931, at page 212, entitled An Act to amend section 1 of an act entitled An act authorizing and directing the board of capitol commissioners of the State of Nevada to lease to the city of Reno for a period of ninety-nine years the Nevada state building situated in the city of Reno, subject to certain conditions and reservations, and other matters relating thereto, approved April 2, 1929, approved March 24, 1931.
6. Chapter 203, Statutes of Nevada 1947, at page 679, entitled An Act authorizing the board of capitol commissioners of the State of Nevada to modify that certain lease granted to the city of Reno and authorizing the city of Reno to modify that certain lease granted to the county of Washoe under an act entitled An act authorizing and directing the board of capitol commissioners of the State of Nevada to lease to the city of Reno for a period of ninety-nine years the Nevada state building situated in the city of Reno, subject to certain conditions and reservations, and other matters relating thereto, approved April 2, 1929, and other matters relating thereto, approved March 31, 1947.
Sec. 3. NRS 419.030 and all other acts and parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 789κ
Assembly Bill No. 354Messrs. Gibson, Bunker, Posin, Gray, Hafen, Bishop, Godbey, Christensen, Tyson, Petrini, Viani, Giomi, Parraguirre, Von Tobel, Jacobsen, Manning, Delaney, Ames, Harris, McNamee, Misses Dungan and Herr
CHAPTER 361
AN ACT to amend NRS sections 62.200, 62.230 and 210.580, relating to procedure of the juvenile court upon entry of an order, compensation for care of juveniles, and commitment of delinquent female minors, by providing for commitment of female minors to private institutions within the state at state expense within the limits of legislative appropriations; by requiring approval by the superintendent of the Nevada girls training center or the Nevada youth training center prior to commitment of children to private institutions; and by providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 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] licensed by the state welfare department [,] to care for such children, or, if such institution or agency is in another state, by the analogous department of that state. The court shall not commit a female child to a private institution without prior approval of the superintendent of the Nevada girls training center, and shall not commit a male child to a private institution without prior approval of the superintendent of the Nevada youth training center.
(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 conviction 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.
κ1963 Statutes of Nevada, Page 790 (CHAPTER 361, AB 354)κ
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. 2. NRS 62.230 is hereby amended to read as follows:
62.230 1. Whenever a child is committed by the court to custody other than that of its parents, and no provision is otherwise made by law for the support of the child, compensation for the care of the child, when approved by order of the court, shall be a charge upon the county where the child has a legal residence. If a female child is committed to a private institution within the state, any compensation for the care of the child which is not paid by a parent shall be paid by the state from moneys budgeted for by and appropriated to the Nevada girls training center. No commitment shall be made to such a private institution until the court has ascertained from the superintendent of such school that sufficient moneys are available to pay such compensation. Nothing in this subsection shall be construed to prohibit payment of compensation by the Nevada girls training center from moneys appropriated for that purpose to schools outside the state to which female children are committed pursuant to the provisions of NRS 210.580.
2. Notwithstanding any provision made by the law of this state for the support of such children, after the parent has been given a reasonable opportunity to be heard, the court may order and decree that the parent shall pay, in such manner as the court may direct and within the parents ability to pay, a sum of money as will cover in whole or in part the support of the child. If the parent shall willfully fail or refuse to pay the sum, the court may proceed against him for contempt of court.
3. Whenever the court shall order the parent or parents of a child to pay for the support of a child, as herein provided, the same shall be paid to the superintendent or fiscal officer of the institution to which the child is committed.
Sec. 3. NRS 210.580 is hereby amended to read as follows:
210.580 1. It shall be lawful for the courts to commit to the school female minor persons between the ages of 8 and 18 years whom they have found to be delinquents as provided by law. Before any such person is conveyed to the school it shall be ascertained from the superintendent whether adequate facilities are available to provide the necessary care to such person. The superintendent shall fix the time at which such person shall be delivered, unless there are not adequate facilities available to provide the necessary care, or there are not adequate funds available for the support of the school, or, in the opinion of the superintendent, such person is not suitable for admission to the school. Upon the written request of the superintendent, at any time either before or after commitment to the school, the court may order commitment to a school approved by the board outside of the State of Nevada [.]
κ1963 Statutes of Nevada, Page 791 (CHAPTER 361, AB 354)κ
court may order commitment to a school approved by the board outside of the State of Nevada [.] , or to a private institution within the State of Nevada.
2. The court may order, when committing a female minor to the care, custody and control of the school, that the expense of her support and maintenance be paid in whole or in part by her parents, guardian or other person liable for her support and maintenance. The moneys so ordered paid shall be paid to the superintendent, who shall immediately deposit the sum in the state treasury to be credited to the general fund.
3. The court shall order, before commitment, that such female minor person be given a physical examination, which examination shall include a blood test, X-ray examination for tuberculosis, urinalysis, and an examination for venereal disease by some licensed physician. The physician shall, within 5 days after such examination, make a written report of the results thereof to the superintendent. Such examination shall be paid for by the county wherein such commitment was ordered.
________
Assembly Bill No. 268Messrs. Swobe, Bailey, Swanson, Johnson, Christensen and Wood
CHAPTER 362
AN ACT to amend chapter 244 of NRS by adding a new section providing that county fair and recreation boards in certain counties shall not conduct real property transactions without approval of the board of county commissioners; to amend NRS sections 244.335, 244.645, 244.685 and 268.095, relating to county fair and recreation boards and business license taxes of counties and cities, by changing the composition of county fair and recreation boards in certain counties; by providing that county fair and recreation boards may sue and be sued; by providing that business license taxes for county fair and recreation board purposes constitute liens; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 244.645 is hereby amended to read as follows:
244.645 1. Whenever the board of county commissioners of any county desires the powers granted in NRS 244.640 to 244.780, inclusive, to be exercised, it shall, by resolution, determine that the interest of the county and the public interest, necessity or desirability require the exercise of such powers and the creation of a county fair and recreation board therefor, pursuant to the provisions of NRS 244.640 to 244.780, inclusive. After approval of the resolution, the county clerk shall:
(a) Cause a copy of the resolution to be published promptly once in a newspaper published in and of general circulation in the county; and
(b) Cause a certified copy of the resolution to be mailed by registered mail to the mayor or other chief executive officer of each incorporated city within the county.
κ1963 Statutes of Nevada, Page 792 (CHAPTER 362, AB 268)κ
mail to the mayor or other chief executive officer of each incorporated city within the county.
2. In counties having a population of [30,000] 120,000 or more, each incorporated city within the county shall be represented on the county fair and recreation board by one member for each 25,000 population or fraction thereof within the city, but no city shall have more than three members on a board. In counties having a population of 30,000 or more and less than 120,000, the most populous incorporated city in the county shall be represented on the county fair and recreation board by two members, and the next most populous incorporated city by one member. In counties having a population of 11,000 or more and less than 30,000, and in which there is one or more incorporated city, each incorporated city, except an incorporated city which is the county seat, shall be represented by one member [. Any] and any incorporated city which is the county seat shall be represented by four members. Within 30 days after the day of publication of the resolution or the day on which the last of the copies of the resolution was mailed, whichever day is later, the mayor or other chief executive officer shall, with the approval of the legislative body of the city, appoint a member or members of the city council or board of trustees to serve on the board for the remainder of his or their terms of office. The clerk or secretary of the city shall promptly certify the appointment by registered mail to the county clerk. In counties having a population of 9,000 or more and less than 11,000, any incorporated city which is the county seat shall be represented by one member, who shall be appointed and certified as provided in this section, and the board of county commissioners shall apopint three representatives as follows:
(a) One member to represent the motel operators in the county.
(b) One member to represent the hotel operators in the county.
(c) One member to represent the other commercial interests in the county.
3. In counties having a population of 120,000 or more, three members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of 30,000 or more [,] and less than 120,000, two members of the board of county commissioners shall be appointed by the board of county commissioners to serve on the board for the remainder of their terms of office. In counties having a population of 9,000 or more and less than 30,000, one member of the board of county commissioners shall be appointed by the county commissioners to serve on the board for the remainder of his term of office.
Sec. 2. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Notwithstanding any other provision of law, no county fair and recreation board in a county having a population of 30,000 or more and less than 120,000 shall acquire, purchase, lease, sell, or dispose of any real property or engage in any other transaction relating to real property without prior approval of the board of county commissioners.
κ1963 Statutes of Nevada, Page 793 (CHAPTER 362, AB 268)κ
Sec. 3. NRS 244.685 is hereby amended to read as follows:
244.685 In addition to powers elsewhere conferred, the county fair and recreation board of any county, upon behalf of the county and in connection with the recreational facilities herein authorized, is authorized and empowered:
1. To establish, construct, purchase, lease, rent, acquire by gift, grant, bequest, devise, or otherwise acquire, reconstruct, improve, extend, better, alter, repair, equip, furnish, regulate, maintain, operate and manage recreational facilities, including personal property, real property, lands, improvements and fixtures thereon, property of any nature appurtenant thereto or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.
2. To insure or provide for the insurance of any recreational facility against such risks and hazards as the board may deem advisable.
3. To arrange or contract for the furnishing by any person, agency, association or corporation, public or private, of services, privileges, works or facilities for, or in connection with, a recreational facility; and to hire and retain officers, agents and employees, including a fiscal advisor, engineers, attorneys, or other professional or specialized personnel.
4. To direct the board of county commissioners, with the concurrence of the board, to acquire by the exercise of the power of eminent domain any real property which the county fair and recreation board may deem necessary for its purposes under NRS 244.640 to 244.780, inclusive, after the adoption by the board of a resolution declaring that its acquisition is necessary for such purposes. This power shall be exercised in the manner provided by any applicable statutory provisions and laws of the State of Nevada. Title to property so acquired shall be taken in the name of the county.
5. To sell, lease, exchange, transfer, assign or otherwise dispose of any real or personal property, or any interest therein acquired for the purpose of NRS 244.640 to 244.780, inclusive, including the lease of any recreational facility acquired by the county under the provisions of NRS 244.640 to 244.780, inclusive, which is to be operated and maintained as a public project and recreational facility.
6. To fix, and from time to time increase or decrease, rates, tolls or charges for services or facilities furnished in connection with any recreational facility, and to take such action as necessary or desirable to affect their collection, and, with the consent of the board of county commissioners, to provide for the levy by the board of county commissioners of ad valorem taxes, the proceeds thereof to be used in connection with the recreational facilities.
7. To receive, control, invest and order the expenditure of any and all moneys and funds pertaining to any recreational facility or related properties.
8. To exercise all or any part or combination of the powers herein granted to such county, except as herein otherwise provided.
9. To sue and be sued.
κ1963 Statutes of Nevada, Page 794 (CHAPTER 362, AB 268)κ
10. To do and perform any and all other acts and things necessary, convenient, desirable or appropriate to carry out the provisions of NRS 244.640 to 244.780, inclusive.
Sec. 4. NRS 244.335 is hereby amended to read as follows:
244.335 1. Except as provided in subsection 2, the board of county commissioners shall have power and jurisdiction in their respective counties to:
(a) Regulate all character of lawful trades, callings, industries, occupations, professions and business conducted in their respective counties, outside of the limits of incorporated cities and towns.
(b) Fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on such trades, callings, industries, occupations, professions and business.
2. The county license boards shall have the exclusive power and jurisdiction in their respective counties to regulate the business of conducting a billiard or pool hall, dancing hall, bowling alley, theater, soft drink establishment, gambling game or device permitted by law, or other place of amusement, entertainment or recreation, outside of an incorporated city or incorporated town. The county license boards shall have the power and jurisdiction to fix, impose and collect license taxes for revenue or for regulation, or for both revenue and regulation, on such businesses.
3. Any license tax levied for the purposes of NRS 244.640 to 244.780, inclusive, shall constitute a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien shall be enforced in the same manner as liens for ad valorem taxes on real and personal property. The board of county commissioners may delegate the power and authority to enforce such liens to the county fair and recreation board.
Sec. 5. NRS 268.095 is hereby amended to read as follows:
268.095 1. The city council or other governing body of each incorporated city or town in the State of Nevada, whether or not organized under general law or special charter, shall have the power and jurisdiction:
(a) To fix, impose and collect for revenues or for regulation, or both, a license tax on all character of lawful trades, callings, industries, occupations, professions and businesses conducted within its corporate limits.
(b) To assign the proceeds of any one or more such license taxes to the county within which such city or town is situated for the purpose or purposes of making such proceeds available to the county:
(1) As a pledge as additional security for the payment of any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive;
(2) For redeeming any general obligation bonds issued pursuant to NRS 244.640 to 244.780, inclusive;
(3) For defraying the costs of collecting or otherwise administering any such license tax so assigned, of the county fair and recreation board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
κ1963 Statutes of Nevada, Page 795 (CHAPTER 362, AB 268)κ
board and of officers, agents and employees hired thereby, and of incidentals incurred thereby;
(4) For operating and maintaining recreational facilities under the jurisdiction of the county fair and recreation board;
(5) For improving, extending and bettering recreational facilities authorized by NRS 244.640 to 244.780, inclusive; and
(6) For constructing, purchasing or otherwise acquiring such recreational facilities.
2. Any license tax levied under the provisions of this section shall constitute a lien upon the real and personal property of the business upon which the tax was levied until the tax is paid. The lien shall be enforced in the same manner as liens for ad valorem taxes on real and personal property. The city council or other governing body of each incorporated city or town may delegate the power and authority to enforce such liens to the county fair and recreation board.
3. The powers conferred by this section shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this section shall not affect the powers conferred by, any other law. No part of this section shall repeal or affect any other law or any part thereof, it being intended that this section shall provide a separate method of accomplishing its objectives, and not an exclusive one.
Sec. 6. On July 1, 1963, the membership of each member representing an incorporated city on a county fair and recreation board in a county having a population of 30,000 or more and less than 120,000 shall terminate, and members shall be appointed as provided in NRS 244.645.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 279Clark County Delegation
CHAPTER 363
AN ACT appropriating moneys for the support of the Spring Mountain Youth Camp in Clark County, Nevada, established pursuant to the provisions of NRS 244.297; providing a procedure for the expenditure of such moneys and the purposes for which they shall be expended; and providing other matters properly relating thereto.
[Approved April 18, 1963]
Whereas, In accordance with the provisions of NRS 244.297 the board of county commissioners of Clark County has established and is maintaining and operating a juvenile forestry camp known as the Spring Mountain Youth Camp; and
Whereas, The State of Nevada is benefited by the operation of such camp because it transfers a substantial financial burden from the Nevada youth training center in Elko County, Nevada; and
κ1963 Statutes of Nevada, Page 796 (CHAPTER 363, AB 279)κ
Whereas, It is a proper governmental function of the State of Nevada to contribute to the support of such juvenile forestry camp; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. There is hereby created in the state treasury the 1963 juvenile forestry camp fund. Moneys in such fund shall be expended by the director of the state department of conservation and natural resources for the following purposes and in the following order:
(a) To construct housing and mess facilities for the boys committed to the Spring Mountain Youth Camp in Clark County, Nevada, and for the employed personnel of such camp.
(b) To establish vocational, educational and training facilities at such camp.
(c) To establish farming and conservation projects at such camp.
2. Moneys in the 1963 juvenile forestry camp fund shall be expended on claims approved by the director of the state department of conservation and natural resources and paid as other claims against the state are paid.
3. The board of county commissioners of Clark County shall cooperate with the director of the state department of conservation and natural resources in carrying out the provisions of this act.
Sec. 2. There is hereby appropriated from the general fund in the state treasury to the 1963 juvenile forestry camp fund the sum of $50,000. When such sum has been expended in accordance with the provisions of this act, the 1963 juvenile forestry camp fund shall cease to exist.
________
Assembly Bill No. 261Messrs. Knisley, Young and Glaser
CHAPTER 364
AN ACT to amend NRS sections 534.040, 534.140 and 534.150, relating to employment of well supervisors, licenses for well drilling, and the well drillers advisory board, by providing that license fees may be used to pay the compensation and expenses of the members of the board; by providing for the levy of a special tax to pay compensation and expenses of the board if fees from licensing are insufficient; by providing compensation of $25 per day; and by providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 534.040 is hereby amended to read as follows:
534.040 1. Upon the initiation of the administration of NRS 534.010 to 534.190, inclusive, in any particular basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters of such basin, the state engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in NRS 534.010 to 534.190, inclusive, under the direction of the state engineer.
κ1963 Statutes of Nevada, Page 797 (CHAPTER 364, AB 261)κ
supervision over the waters of such basin, the state engineer may employ a well supervisor and other necessary assistants, who shall execute the duties as provided in NRS 534.010 to 534.190, inclusive, under the direction of the state engineer. The salaries of the well supervisor and his assistants shall be fixed by the state engineer.
2. The board of county commissioners shall levy a special tax annually, or at such time as the same is needed, upon all taxable property situated within the confines of the area so designated by the state engineer to come under the provisions of NRS 534.010 to 534.190, inclusive, in such an amount as may be necessary to pay such salaries, together with necessary expenses [;] , including the compensation and other expenses of the state well drillers advisory board in the event the money available from the license fees provided for in NRS 534.140 is not sufficient to pay such costs; but in designated areas within which the use of ground water is predominantly for agricultural purposes such levy shall be charged against each water user who has a permit to appropriate water or a perfected water right, and the charge against each water user shall be based upon the proportion which his water right bears to the aggregate water rights in the designated area. The minimum charge shall be $1.
3. The salaries and expenses may be paid by the state engineer from the water distribution fund provided in NRS 532.210 pending the levy and collection of the tax as provided in this section.
4. The proper officers of the county shall levy and collect such special tax as other special taxes are levied and collected, and such tax shall be a lien upon the property.
5. The tax provided for, when collected, shall be deposited with the state treasurer in a fund in the state treasury which shall be designated as the ................ Basin, ............. County well fund. All claims against such fund in the state treasury shall be certified by the state engineer and approved by the state board of examiners. The state controller is authorized to draw his warrants therefor against such fund and the state treasurer shall pay the same.
Sec. 2. NRS 534.140 is hereby amended to read as follows:
534.140 1. Every well driller, before engaging in the physical drilling of a well in the State of Nevada for development of water, shall annually make application to the state engineer for a license to drill.
2. The applications for such licenses and all licenses issued for the drilling of wells shall be in the form prescribed by the state engineer.
3. All well-drilling licenses shall expire on June 30 following the issuance thereof and shall not be transferable.
4. A fee of $25 shall accompany each application for such license and a fee of $10 shall be paid each year for renewal thereof.
5. All such license fees shall be kept by the state engineer and used to pay costs pertaining to such licensing and other costs associated therewith [.] , and the compensation of the members of the well drillers advisory board and their expenses.
κ1963 Statutes of Nevada, Page 798 (CHAPTER 364, AB 261)κ
6. The state engineer is authorized and directed to prepare and keep on file in his office rules and regulations for well drilling.
7. Before engaging in the physical drilling of a well in this state for the development of water, every well driller who is the owner of a well-drilling rig, or who has a well-drilling rig under lease or rental, or who has a contract to purchase a well-drilling rig, shall obtain a license as a well driller from the state contractors board.
Sec. 3. NRS 534.150 is hereby amended to read as follows:
534.150 1. For the purpose of examining applicants for well drillers licenses, the state engineer is authorized to appoint a well drillers advisory board or boards, referred to in this section as the board. Such board or boards may be on a regional or statewide basis.
2. The terms of office of the members of the board shall be at the pleasure of the state engineer but shall not exceed a period of 2 years. The state engineer may reappoint a member upon completion of his term and may fill vacancies on the board.
3. [The services of the board shall be without compensation from the state and the services so rendered shall be upon reasonable agreement effected with and by the state engineer.] Each member of the board shall receive $25 for each day and $12.50 for each half day spent doing the work of the board. Any time spent by members of the board in work or travel necessary to the discharge of their duties which is less than a full day but more than a half day shall be treated for compensation purposes as a full day. Any time less than a half day shall be treated as a half day. Each member of the board shall receive travel expenses and subsistence allowances pursuant to the provisions of NRS 281.160.
4. The purpose of the board is to determine the qualifications of an applicant as a well driller and to submit such findings to the state engineer.
5. Rules and regulations of the board in examining applicants for well drillers licenses shall be developed by the state engineer in cooperation with the board upon its creation.
6. If a hearing is held by the state engineer to determine if a licensed well driller is complying with the law or the rules and regulations pertaining to well drilling, the state engineer may avail himself of the services of the board in an advisory capacity.
Sec. 4. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 799κ
Assembly Bill No. 236Committee on Fish and Game
CHAPTER 365
AN ACT to amend chapter 41 of NRS, relating to actions and proceedings in particular cases, by adding a new section limiting the liability of owners, lessees and occupants of premises to persons using the premises for hunting, fishing, trapping, camping, hiking or sightseeing; and providing other matters properly relating thereto.
[Approved April 18, 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:
1. An owner, lessee or occupant of premises owes no duty to keep the premises safe for entry or use by others for hunting, fishing, trapping, camping, hiking or sightseeing, or to give warning of any hazardous condition, activity or use of any structure on such premises to persons entering for such purposes, except as provided in subsection 3 of this section.
2. An owner, lessee or occupant of premises who gives permission to another to hunt, fish, trap, camp, hike or sightsee upon such premises does not thereby extend any assurance that the premises are safe for such purpose, constitute the person to whom permission is granted an invitee to whom a duty of care is owed, or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted, except as provided in subsection 3 of this section.
3. This section does not limit the liability which would otherwise exist for:
(a) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.
(b) Injury suffered in any case where permission to hunt, fish, trap, camp, hike or sightsee was granted for a consideration other than the consideration, if any, paid to the landowner by the state or any subdivision thereof.
(c) Injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike or sightsee was granted to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.
4. Nothing in this section creates a duty of care or ground of liability for injury to person or property.
________
κ1963 Statutes of Nevada, Page 800κ
Assembly Bill No. 209Committee on Roads, Transportation and Aviation
CHAPTER 366
AN ACT to repeal NRS sections 482.425 to 482.455, inclusive, relating to deposit of chattel mortgages on motor vehicles with the department of motor vehicles; and to amend NRS section 488.095, relating to changes of ownership of motorboats, by deleting a provision requiring deposit of chattel mortgages on motorboats with the department of motor vehicles.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 488.095 is hereby amended to read as follows:
488.095 1. Should the ownership of a motorboat change, a new application form with fee shall be filed with the department and a new certificate of number shall be awarded in the same manner as provided for in an original award of number.
2. A person may transfer a registration from a motorboat of which he disposes to another motorboat upon application to the department and payment of a transfer fee of $2.
[3. Chattel mortgages on motorboats required to be registered under the provisions of this chapter shall be subject to the provisions of NRS 482.425 to 482.455, inclusive, in the same manner in which chattel mortgages on vehicles are subject to such provisions.]
Sec. 2. NRS 482.425 to 482.455, inclusive, are hereby repealed.
________
Senate Bill No. 37Committee on Judiciary
CHAPTER 367
AN ACT to amend NRS section 14.070, relating to service of process on operators of motor vehicles involved in collisions or accidents, by requiring that a return receipt be requested of a defendant who has been notified by mail of the service of process upon his statutory agent, the director of the department of motor vehicles; and by providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 14.070 is hereby amended to read as follows:
14.070 1. The use and operation of a motor vehicle over the public roads, streets or highways, or in any other area open to the public and commonly used by motor vehicles, in the State of Nevada by any person, either as principal, master, agent or servant, shall be deemed an appointment by such operator, on behalf of himself and his principal or master, of the director of the department of motor vehicles to be his true and lawful attorney upon whom may be served all legal process in any action or proceeding against him growing out of such use or resulting in damage or loss to person or property, and the use or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally within the State of Nevada.
κ1963 Statutes of Nevada, Page 801 (CHAPTER 367, SB 37)κ
use or resulting in damage or loss to person or property, and the use or operation shall be a signification of his agreement that any such process against him which is so served shall be of the same legal force and validity as though served upon him personally within the State of Nevada.
2. Service of such process shall be made by leaving a copy of the process with a fee of $2 in the hands of the director of the department of motor vehicles or in his office, and such service shall be deemed sufficient upon the operator; provided, that notice of such service and a copy of the process shall forthwith be sent by registered mail by the plaintiff to the defendant [, and the] at the address supplied by the defendant in his accident report, if any, and if not, at the best address available to the plaintiff, and a return receipt signed by the defendant or a return of the Post Office Department stating that the defendant refused to accept delivery or could not be located, or that the address was insufficient, and the plaintiffs affidavit of compliance therewith [is] are attached to the original process and returned and filed in the action in which it was issued. Personal service of such notice and a copy of the process upon the defendant, wherever found outside of this state, by any person qualified to serve like process in the State of Nevada shall be the equivalent of mailing, and that such personal service may be proved by the affidavit of the person making such personal service appended to the original process and returned and filed in the action in which it was issued.
3. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.
4. The fee of $2 paid by the plaintiff to the director of the department of motor vehicles at the time of the service shall be taxed in his costs if he prevails in the suit. The director of the department of motor vehicles shall keep a record of all such process, which shall show the day and hour of service.
5. The foregoing provisions of this section with reference to the service of process upon such an operator defendant shall not be deemed exclusive, but if such operator defendant is found within the State of Nevada he shall be served with process in the State of Nevada.
________
κ1963 Statutes of Nevada, Page 802κ
Senate Bill No. 131Senator Slattery
CHAPTER 368
AN ACT to amend chapter 248 of NRS, relating to sheriffs, by adding a new section providing that sheriffs in counties with a population of 650 or less shall cooperate with police officers in patrolling unincorporated towns in such counties; and by providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 248 of NRS is hereby amended by adding thereto a new section which shall read as follows:
In counties having a population of 650 or less, as determined by the last-preceding national census of the Bureau of the Census of the United States Department of Commerce, sheriffs shall cooperate with police officers in patrolling unincorporated towns in order that such towns shall be patrolled at all hours during which patrol is found to be necessary by the board of county commissioners.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 209Committee on Judiciary
CHAPTER 369
AN ACT to amend NRS section 40.470, relating to proceedings to establish termination of interests of deceased persons in property, by providing that notice shall be given to heirs at law by personal service or publication of hearings to establish termination of interests of deceased persons in property; and by providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 40.470 is hereby amended to read as follows:
40.470 1. Whenever title or an interest in real or personal property is affected by the death of any person, any other person who claims any interest in such real or personal property, which interest is affected by the death of such person, may file in the district court of any county in which any part of such real or personal property is situated, a verified petition setting forth those facts and particularly describing the real or personal property, the interest of the petitioner, and the interest of the deceased therein.
2. The clerk shall set the petition for hearing by the court. [, shall give notice thereof by causing a notice of the time and place of the hearing to be posted at the courthouse in the county where the court is held, at least 10 days before the hearing; but the court may order such further notice to be given as in its judgment may seem proper.] Notice of hearing of the petition shall be served personally upon the heirs at law of the deceased person at their places of business or residences, if known, and if not, by publication for at least 3 successive weeks in such newspaper as the court shall order.
κ1963 Statutes of Nevada, Page 803 (CHAPTER 369, SB 209)κ
upon the heirs at law of the deceased person at their places of business or residences, if known, and if not, by publication for at least 3 successive weeks in such newspaper as the court shall order. Failure on the part of any such heir at law to contest the petition shall preclude any such heir at law from thereafter contesting the validity of the joint interest or its creation or termination.
3. The court shall take evidence for or against the petition, and may render judgment thereon establishing the fact of such death and the termination of the interest of the deceased in the real or personal property described in the petition.
4. A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the real or personal property is situated.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 516Committee on State, County and City Affairs
CHAPTER 370
AN ACT to amend NRS sections 267.030, 267.040 and 267.070, relating to petitions for the adoption of a commission form of municipal government, the election of electors to frame charters, the nomination and election of electors to frame charters and elections for the adoption or rejection of charters, by extending certain times within which such elections shall be called and held; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 267.030 is hereby amended to read as follows:
267.030 1. Whenever the qualified voters of any incorporated city desiring to adopt a commission form of government so declare their desire by filing with the legislative authority of such city a petition having the signatures of one-fourth of the qualified voters voting at the last city election, such legislative authority shall, within 20 days after ascertaining that such petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voter of such city, to be held therein [,] on a date not less than 40 days nor more than 50 days from the effective date of the ordinance or resolution, for the purpose of electing 15 qualified electors, who shall have been residents of the city for a period of at least 2 years preceding their election, for the purpose of framing a charter for the city, having for its objects the commission form of government therefor.
2. Whenever the qualified voters of any unincorporated town or unincorporated area desiring to adopt a commission form of government so declare their desire by filing with the board of county commissioners of the county in which such unincorporated town or unincorporated area is located a petition having the signatures of one-fourth of the qualified voters voting at the last town or precinct election embraced in the area to be incorporated, the board of county commissioners shall, within 20 days after ascertaining that such petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voters of such unincorporated town or unincorporated area, to be held therein [,] on a date not less than 40 days nor more than 50 days from the effective date of the ordinance or resolution, for the purpose of electing 15 qualified electors, who shall have been residents of the unincorporated town or unincorporated area for a period of at least 2 years preceding their election, for the purpose of framing a city charter, having for its objects the commission form of government therefor.
κ1963 Statutes of Nevada, Page 804 (CHAPTER 370, AB 516)κ
unincorporated area is located a petition having the signatures of one-fourth of the qualified voters voting at the last town or precinct election embraced in the area to be incorporated, the board of county commissioners shall, within 20 days after ascertaining that such petition contains the required number of signatures of the qualified electors therein, call an election, by ordinance or resolution, of the voters of such unincorporated town or unincorporated area, to be held therein [,] on a date not less than 40 days nor more than 50 days from the effective date of the ordinance or resolution, for the purpose of electing 15 qualified electors, who shall have been residents of the unincorporated town or unincorporated area for a period of at least 2 years preceding their election, for the purpose of framing a city charter, having for its objects the commission form of government therefor.
Sec. 2. NRS 267.040 is hereby amended to read as follows:
267.040 Nominations of the electors shall be made by petition of one-fifth of the qualified voters of the incorporated city, unincorporated town or unincorporated area. The nominations must be made and filed with the legislative authority of the city or board of county commissioners at least [5] 30 days before the day of election, as provided for in NRS 267.030, and the names of all candidates so filed shall be placed upon the official ballots to be voted at such election, which election shall be conducted under the general election laws of the state.
Sec. 3. NRS 267.070 is hereby amended to read as follows:
267.070 1. Upon the affidavits of the publisher and of the person posting copies of the charter being filed with the city clerk of the incorporated city or with the county clerk, if an unincorporated town or unincorporated area, showing that the proposed charter has been published once and posted for a period of 30 days, the legislative authority of the incorporated city, or the board of county commissioners in cases of unincorporated towns and unincorporated areas, shall, within 5 days thereafter, provide for the submission thereof to the qualified voters of the incorporated city, unincorporated town or unincorporated area.
2. The legislative authority or the board of county commissioners shall give [at least 10, and not to exceed 20,] 30 days notice in three conspicuous places in the incorporated city, unincorporated town or unincorporated area, which notice shall specify the object for which the election is called.
3. The election shall be conducted under the general election laws of the state.
4. The form of ballot at the election shall be: For the proposed charter, Against the proposed charter.
5. In submitting the proposed charter, or amendments thereto, any alternative article or proposition may be presented for the choice of the voters of the incorporated city, unincorporated town or unincorporated area and may be voted on separately without prejudice to others. In submitting such amendments, article or proposition, the form of the ballot shall be: For Article No.
κ1963 Statutes of Nevada, Page 805 (CHAPTER 370, AB 516)κ
form of the ballot shall be: For Article No. ............ of the charter, Against Article No. ............. of the charter.
Sec. 4. Nothing in this act shall be construed to invalidate any act or proceeding commenced, undertaken or done by the qualified voters of any incorporated city, unincorporated town or unincorporated area or the legislative authority thereof or the board of county commissioners pursuant to the provisions of NRS 267.030, 267.040 and 267.070, as such sections read prior to their amendment by this act, and it is hereby declared to be the intention of the legislature in enacting this amendatory act that any act or proceedings commenced prior to the effective date of this act proposing to adopt the commission form of government for an incorporated city, unincorporated town or unincorporated area shall be as valid and binding upon the legislative body or the board of county commissioners as if this amendatory act had not been enacted.
Sec. 5. This act shall become effective upon passage and approval.
________
Assembly Bill No. 507Mr. Viani
CHAPTER 371
AN ACT to amend an act entitled An Act to authorize the board of county commissioners of the county of Mineral, State of Nevada, to purchase, acquire and construct an electrical power and telephone line, extending from the Lundy generating plant of the Nevada-California power company situated in the county of Mono, State of California, to the town of Hawthorne, Nevada, and thence via Luning and Mina to the town of Simon in the county of Mineral, State of Nevada, and branches thereof; providing for the maintenance and operation of said line as a public utility; the issuance and sale of bonds therefor; the levy and collection of taxes for the payment of such bonds, and other matters relating thereto, approved March 4, 1921, as amended.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 17 of the above-entitled act, being chapter 45, Statutes of Nevada 1921, as last amended by chapter 374, Statutes of Nevada 1959, at page 576, is hereby amended to read as follows:
Section 17. (a) The county commissioners of Mineral County shall constitute the board of managers. The board of managers shall employ as general manager of such system, and fix his compensation at not to exceed [$800] $1,000 per month, a qualified and competent person, but who must have had at least three years practical engineering experience with an electric utility, or as a general or assistant manager or superintendent of an existing public utility, who shall qualify as required by law, and give bond in the sum of not less than five thousand ($5,000) dollars for the faithful discharge of his duties, who shall have complete charge of and be liable to said board for his actions in connection with the operation of said system, and who shall devote his entire time thereto.
κ1963 Statutes of Nevada, Page 806 (CHAPTER 371, AB 507)κ
complete charge of and be liable to said board for his actions in connection with the operation of said system, and who shall devote his entire time thereto. He shall have charge of such system, and be responsible to such board for his actions in connection with the operation thereof. He shall devote all necessary time thereto, or such time as may be required by such board, and receive such compensation as may be fixed by said board in their order appointing and designating him as general manager of such system; provided, the board may also employ a technical adviser as consulting electrical engineer, and employ any other necessary employees, and fix their salary or compensation.
No person who holds a public office shall be permitted to occupy the position of general manager. In the event such general manager is nominated or appointed to public office he shall be immediately removed from the position of general manager and another appointed in his place.
(b) Said general manager, with the consent and approval of the board of managers, may employ such additional necessary employees as may from time to time be required, and fix their compensation; provided, that every employee who may be charged with the collection or handling of funds of such power system shall furnish bond prior to assuming the duties of his office, in the sum of not less than one thousand ($1,000) dollars, and qualify as required by law, and the bond of such general manager and other employees shall be approved by the board and be recorded and filed in the office of the county clerk.
(c) The general manager shall make a monthly report to the board of managers, with duplicate thereof to the county auditor, giving full details of all business transacted during the preceding month, including receipts and disbursements and matters pertinent thereto, and shall also render to said board an annual report on the first Monday of January of each year, showing the condition of said system, including its finances, in detail, and giving his recommendations for the ensuing year; he shall keep such books and records as may be required by law or by the board of managers, and as will show at all times the exact status of such utility, giving the cost of construction (including branches), maintenance, and operation, and all revenues, and the source from which derived, and the classified disbursements; he shall also make such annual reports on behalf of said board of managers to the Nevada public service commission, or their successors, as may be required, and copies thereof shall be annexed to his annual report made to such board of managers; he shall maintain the office of the said system in the courthouse at the county seat.
(d) The board of managers is hereby authorized and empowered to dismantle and salvage any portion of said system which may have been out of use for a period of six years or more.
(e) Neither the board of county commissioners acting as such or acting as the board of managers, or the general manager, shall have the power to sell, lease, trade, rent, or otherwise deal with any equipment, supplies, or property of any kind, character, or description, purchased, salvaged, or used for any purpose connected with the operation and maintenance of the Mineral County power system, without first having submitted the proposition to the electors of Mineral County at a special election called for that purpose; provided, however, that the board of county commissioners shall have the power to sell any items of machinery, material, or supplies that are no longer required or of use in the plant or the operation thereof by reason of being superfluous, worn out, obsolete, or defective, without an election, on amounts less than $500.
κ1963 Statutes of Nevada, Page 807 (CHAPTER 371, AB 507)κ
purchased, salvaged, or used for any purpose connected with the operation and maintenance of the Mineral County power system, without first having submitted the proposition to the electors of Mineral County at a special election called for that purpose; provided, however, that the board of county commissioners shall have the power to sell any items of machinery, material, or supplies that are no longer required or of use in the plant or the operation thereof by reason of being superfluous, worn out, obsolete, or defective, without an election, on amounts less than $500. Nothing herein contained shall be construed to limit the sale of electrical energy and power as now provided by this act. The board of county commissioners, acting as the board of managers, are authorized to purchase equipment or supplies, not in excess of $1,000, without advertising for bids, but shall advertise for bids for all such purchases in excess of $1,000. The board of county commissioners shall have the power to rent from any other owner any transmission lines, power lines, machinery, equipment, or property, for a term not exceeding two years. The rents and rentals or charges reserved in any such contract shall be paid from time to time as an expense of operation of the Mineral County power system. No such contract shall be made by the board of county commissioners unless notice of intention to decide on the same shall be published in a weekly newspaper published in the county for two consecutive insertions fixing a date for a public hearing thereon which shall not be less than 15 days from the first publication and which shall briefly describe the property to be rented, and the rental charge and specify from whom to be rented; provided, however, all such contracts under $1,000 may be entered into without publication as aforesaid.
(f) Any person violating the provisions of subsection (e) shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for not less than one year or more than five years. Upon conviction the office of such person shall become vacant.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1963 Statutes of Nevada, Page 808κ
Assembly Bill No. 487Committee on Public Health and Public Morals
CHAPTER 372
AN ACT to amend chapter 443 of NRS, relating to tuberculosis and silicosis, by adding new sections declaring legislative intent; empowering any health officer to investigate persons believed to have tuberculosis; authorizing the health officer to issue isolation, confinement and quarantine orders; providing that the state health officer may advise state institutions regarding the control of tuberculosis; providing that it is unlawful for a person afflicted with tuberculosis willfully to expose others to the disease; providing penalties; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 443 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. The legislature declares that pulmonary tuberculosis is an infectious and communicable disease, dangerous to the public health, and that all proper activities that may be carried on pursuant to sections 2 to 11, inclusive, of this act are necessary for the protection and preservation of the public health, safety and welfare of the State of Nevada.
Sec. 3. 1. The state health officer, his authorized agents, and all local health officers are hereby directed to use every available means to ascertain the existence of, and immediately to investigate, all reported or suspected cases of tuberculosis in infectious or contagious stages within their respective jurisdictions and to ascertain the sources of such infections. In carrying out such investigations, each health officer is hereby invested with all necessary powers of inspection, examination, quarantine and isolation of any person known or believed to be infected with tuberculosis in an infectious or contagious stage and is hereby directed:
(a) To make such examinations as are deemed necessary of persons reasonably suspected of having tuberculosis in an infectious state and to isolate or isolate and quarantine such persons whenever deemed necessary for the protection of the public health.
(b) To make examination orders in writing setting forth the name of the person to be examined, the time and place of the examination, and such other terms and conditions as may be necessary to protect the public health.
(c) To make an isolation or quarantine order in writing, setting forth the name of the person to be isolated, the period of time during which the order shall remain effective, the place of isolation or quarantine, and any other terms and conditions which may be necessary to protect the public health.
(d) To follow local rules and regulations regarding examinations, quarantine or isolation, and all general and special rules, regulations and orders of the department in carrying out such examination, quarantine or isolation.
κ1963 Statutes of Nevada, Page 809 (CHAPTER 372, AB 487)κ
and orders of the department in carrying out such examination, quarantine or isolation.
2. Upon the issuance of an examination, isolation or quarantine order as provided in this section, a copy of the order shall be served upon the person named in such order by delivering a copy to him.
3. Upon the receipt of information that any examination, quarantine or isolation order made and served as provided in this section has been violated, the health officer shall advise the district attorney of the county in which such violation has occurred, in writing, and shall submit to such district attorney the information in his possession relating to the subject matter of such examination, isolation or quarantine order, and to such violation or violations thereof, and the district attorney shall forthwith prosecute such violations.
Sec. 4. The state health officer or his authorized agent may inspect and have access to all records of all institutions and clinics, both public and private, where tuberculosis patients are treated.
Sec. 5. The state health officer or his authorized agent shall advise officers of state educational, correctional and medical institutions regarding the control of tuberculosis and the care of tuberculosis patients.
Sec. 6. 1. Any person who, after service upon him of an order of a health officer directing his isolation or examination, violates or fails to comply with the same or any provision of the order, is guilty of a misdemeanor, and upon conviction, in addition to any other penalties which may be imposed by law, may be ordered by the court confined until such order is fully complied with or terminated by the health officer, but not exceeding 6 months from the date of passing judgment upon such conviction.
2. Confinement may be in a hospital in this or another state, and if in another state, the sheriff of the Nevada county in which the person was residing when discovered to have tuberculosis shall transport the infected person at county expense to the place of confinement designated. Whenever such person is found to be no longer suffering from tuberculosis, he shall be returned to his county of residence by the sheriff thereof at county expense.
3. The court, upon suitable assurances that the order of the health officer will be complied with, may place the convicted person on probation for a period not to exceed 2 years, upon condition that the order shall be followed. Upon any subsequent violation of any order of the health officer, such probation shall be terminated and such person shall be punished as provided in the judgment.
4. Upon any subsequent conviction, the court may order confinement for not more than 1 year or impose any other punishment provided by sections 2 to 11, inclusive, of this act.
Sec. 7. 1. Any person afflicted with contagious, infectious or communicable tuberculosis who willfully exposes others to such disease, and any other person who willfully causes others to be exposed to such disease, is guilty of a misdemeanor.
κ1963 Statutes of Nevada, Page 810 (CHAPTER 372, AB 487)κ
Sec. 8. The department may lease, or provide by contract, any facilities in this or another state it deems necessary to care for persons afflicted with active, contagious tuberculosis.
Sec. 9. 1. If the place of confinement of a person confined for a violation of sections 2 to 11, inclusive, of this act is in a county other than the county in which he was convicted, upon release he shall be released to the custody of the sheriff of the county in which he was convicted without the necessity of a court order or other process, and the sheriff shall return such person to the county in which he was convicted at county expense.
2. In transporting such patients to or from the place of confinement, the sheriff may use such force as is necessary to effectuate the necessary transportation.
3. The sheriff shall, prior to the return of the person, notify the health officer having jurisdiction of the area to which the person shall be returned of the date the person shall reach such area.
Sec. 10. Any person afflicted with communicable tuberculosis who depends exclusively on prayer for healing in accordance with the tenets and precepts of any recognized religious sect, denomination or organization shall not be required to submit to any medical treatment. Every person affected by this section may be isolated or quarantined in his home or other suitable place of his choice, approved by the state health officer, and shall comply with all applicable sanitary rules, laws and regulations.
Sec. 11. 1. Any person who violates any provision of sections 2 to 10, inclusive, of this act is guilty of a misdemeanor and shall be punished by a fine of not less than $25 or more than $500, or by imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment.
2. Such person shall be guilty of a separate offense for each day any such violation continues.
3. The district attorney of the county in which any violation of sections 2 to 10, inclusive, of this act occurs shall prosecute such violation and, upon the request of a health officer, shall prosecute any violation of an isolation, quarantine or examination order duly made and served.
________
κ1963 Statutes of Nevada, Page 811κ
Senate Bill No. 129Committee on Judiciary
CHAPTER 373
AN ACT to amend NRS sections 704.020, 704.030, 704.270, 704.280, 704.300, 704.328, 704.330, 704.370, 704.390, 704.410, 704.450 and 704.670, relating to the regulation of public utilities, by amending the definition of public utility; deleting the requirements of bonds and insurance for aircraft common carriers; conforming the powers of the public service commission of Nevada over utility lines and tracts; providing that regulatory provisions concerning stocks and security transactions of utilities are inapplicable if 15 percent or more of operating revenues are derived from interstate commerce; providing for extensions to serve telephone toll stations within certain limits without certificates and extensions within service area boundaries; authorizing cease and desist orders by the public service commission concerning certificates of public convenience and necessity; dispensing with hearings under certain circumstances concerning certificates of public convenience and the discontinuance, modification or restriction of service; authorizing the transfer of certificates upon control of corporate voting securities; reducing the rate of interest payable by utilities on customers deposits; providing that corporations and individuals engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission thereof other than as a common carrier transmission or distribution line or system are not public utilities; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 704.020 is hereby amended to read as follows:
704.020 1. As used in this chapter, public utility shall mean and embrace:
(a) [All corporations, companies, individuals, associations of individuals,] Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now, or may hereafter, own, operate, manage, or control any railroad or part of a railroad as a common carrier in this state, or cars or other equipment used thereon, or bridges, terminals, or sidetracks, or any docks or wharves or storage elevators used in connection therewith, whether owned by such railroads or otherwise.
(b) Any [company or individual or association of individuals] person, partnership, corporation, company or association owning or operating automobiles, auto trucks or other self-propelled vehicles engaged in transporting persons or property for hire over and along the highways of this state as common carriers.
(c) Express companies, telegraph and telephone companies.
(d) Any plant, property or facility furnishing facilities to the public for the transmission of intelligence via electricity. The provisions of this paragraph do not apply to interstate commerce.
[(d)] (e) Radio and broadcasting instrumentalities except those subject to the jurisdiction of the Federal Communication Commission and airship common and contract carriers.
[(e)] (f) All companies which may own cars of any kind or character, used and operated as a part of railroad trains, in or through this state.
κ1963 Statutes of Nevada, Page 812 (CHAPTER 373, SB 129)κ
All duties required of and penalties imposed upon any railroad or any officer or agent thereof shall, insofar as the same are applicable, be required of and imposed upon the owner or operator of such automobiles, auto trucks or other self-propelled vehicles transporting persons or property for hire over and along the highways of this state as common carriers, express companies, telegraph and telephone, radio, broadcasting, airship companies, and companies which may own cars of any kind or character, used and operated as a part railroad trains in or through this state, and their officers and agents, and the commission shall have the power of supervision and control of all such companies and individuals to the same extent as of railroads.
2. Public utility shall also embrace:
(a) [Every corporation, company, individual, association of individuals,] Any person, partnership, corporation, company, association, their lessees, trustees or receivers (appointed by any court whatsoever) that now or hereafter may own, operate or control any ditch, flume, tunnel or tunnel and drainage system, charging rates, fares or tolls, directly or indirectly.
(b) Any plant or equipment, or any part of a plant or equipment, within the state for the production, delivery or furnishing for or to other persons, firms, associations, or corporations, private or municipal, heat, gas, coal slurry, light, power in any form or by any agency, water for business, manufacturing, agricultural or household use, or sewerage service, whether within the limits of municipalities, towns or villages, or elsewhere.
The commission is hereby invested with full power of supervision, regulation and control of all such utilities, subject to the provisions of this chapter and to the exclusion of the jurisdiction, regulation and control of such utilities by any municipality, town or village, unless otherwise provided by law.
3. The provisions of this chapter and the term public utility shall apply to:
(a) The transportation of passengers and property and the transmission or receipt of messages, intelligence or entertainment, between points within the state.
(b) The receiving, switching, delivering, storing and hauling of such property, and receiving and delivering messages.
(c) All charges connected therewith, including icing charges and mileage charges.
(d) All railroads, corporations, airships, automobiles, auto trucks, or other self-propelled vehicles, express companies, car companies, freight and freight-line companies and associations of persons, whether incorporated or otherwise, that shall do any business as a common carrier upon or over any line of railroad or any public highway within this state.
(e) Any common carrier engaged in the transportation of passengers and property, wholly by rail, or partly by rail and partly by water, or by air [.] , or property by pipeline.
κ1963 Statutes of Nevada, Page 813 (CHAPTER 373, SB 129)κ
Sec. 2. NRS 704.270 is hereby amended to read as follows:
704.270 The commission shall have power to require motor carriers and aircraft [common] carriers, subject to the provisions of this chapter, to file and keep in force with the commission adequate indemnity bonds or insurance, in such amounts as in the judgment of the commission are just and reasonable, for the protection and reimbursement of passengers and property in case of accident due to defective equipment or otherwise, by neglect of any motor carrier or aircraft [common] carrier, its owner, operator, agent or employee.
Sec. 3. NRS 704.280 is hereby amended to read as follows:
704.280 The commission shall have the power:
1. To regulate the manner in which aircraft, [broadcasting, radio,] power, telephone and telegraph lines, pipelines and the tracks of any street, steam or electric railroad or other common carrier cross or connect with any other such lines or common carriers.
2. To prescribe such regulations and safety devices, respectively, as may be necessary for the purpose of securing adequate service and for the protection of the public.
Sec. 4. NRS 704.300 is hereby amended to read as follows:
704.300 1. After hearing and investigation of a formal complaint or complaints by the department of highways or the board of county commissioners of any county, or the town board or council of any town or municipality, or by any railroad company, the commission shall have the power to determine and order for the safety of the traveling public:
(a) The elimination, alteration, addition or change of a highway crossing or crossings over any railroad at grade, or above or below grade, including its approaches and surface.
(b) Changes in the method of crossing at grade, or above or below grade.
(c) The closing of a crossing and the substitution of another therefor.
(d) The removal of obstructions to the public view in approaching such crossing or crossings.
(e) Such other details of construction and operation as may be necessary to make grade-crossing elimination, changes and betterments for the protection of the public and the prevention of accidents effective.
2. In this behalf, the commission is authorized and empowered to determine and order that the cost of such elimination, removal, addition, change, alteration or betterment as may be ordered shall be divided and paid in such proportion by the state, county, town or municipality and the railroad or railroads interested as shall be designated by the commission [.] ; but any such division of cost shall be based and apportioned upon the respective benefits, if any, to be received from such elimination, removal, addition, change, alteration or betterment by any railroad affected or the state, county, town or municipality affected. The commission shall also order that, unless otherwise agreed between any railroad and the public bodies affected, the cost of thereafter maintaining any structure, works or facilities at such crossing shall be divided between the railroad and the public body affected in the same proportion as the cost of such elimination, removal, addition, change, alteration or betterment is divided.
κ1963 Statutes of Nevada, Page 814 (CHAPTER 373, SB 129)κ
affected in the same proportion as the cost of such elimination, removal, addition, change, alteration or betterment is divided.
Sec. 5. NRS 704.328 is hereby amended to read as follows:
704.328 The provisions of NRS 704.322 to 704.326, inclusive, shall not apply to any public utility engaged in interstate commerce if [5] 15 percent or more of the operating revenues of such public utility are derived from interstate commerce.
Sec. 6. NRS 704.330 is hereby amended to read as follows:
704.330 1. Every public utility owning, controlling, operating or maintaining or having any contemplation of owning, controlling or operating any public utility shall, before beginning such operation or continuing operations or construction of any line, plant or system or any extension of a line, plant or system within this state, obtain from the commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction.
2. Except as to motor common carriers, nothing herein shall be construed as requiring a public utility to secure such certificate for any extension within any town or city within which it shall theretofore have lawfully commenced operations or for an extension into territory either within or without the city or town [contiguous to] as long as such extension:
(a) Is to serve a telephone toll station or stations to be located not more than 10 miles from existing telephone facilities; or
(b) Remains within service area boundaries which have been established by the commission for its railroad, line, plant or system, and not then served by public utility of like character.
3. Upon the granting of any certificate of public convenience, the commission may make such order and prescribe such terms and conditions for the location of lines, plants or systems to be constructed, extended or affected as may be just and reasonable.
4. When a complaint has been filed with the commission alleging that any utility is being operated without a certificate of public convenience and necessity as required by this section, or when the commission has reason to believe that any provision of this section is being violated, the commission shall investigate such operations and the commission shall have power, after a hearing, to make its order requiring the owner or operator of such utility to cease and desist from any operation in violation of this section. The commission shall enforce compliance with such order under the powers vested in the commission by law.
Sec. 7. NRS 704.370 is hereby amended to read as follows:
704.370 1. The commission shall have the power, after hearing, to issue or refuse such certificate of public convenience, or to issue it for the construction of a portion only of the contemplated line, plant or systems, or extension thereof, and may attach thereto such terms and conditions as, in its judgment, the public convenience and necessity may require.
2. 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 on behalf of any interested person.
κ1963 Statutes of Nevada, Page 815 (CHAPTER 373, SB 129)κ
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 on behalf of any interested person.
Sec. 8. NRS 704.390 is hereby amended to read as follows:
704.390 1. It shall be unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore serviced by it, except upon 20 days notice filed with the commission, specifying in detail the character and nature of the discontinuance or restriction of the service intended, and upon order of the commission, made after hearing, permitting such discontinuance, modification or restriction of service.
2. The commission in its discretion and after investigation, may dispense with the hearing on the application for discontinuance, modification or restriction of service, if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.
Sec. 9. NRS 704.410 is hereby amended to read as follows:
704.410 A certificate of public convenience issued to a public utility may be transferred to a purchaser of all the assets or a control of the corporate voting securities of the utility. The purchaser shall first furnish such evidence of its corporate character and of its franchise or permits as may be required by the commission, and the commission shall have the power, after hearing, to approve or refuse approval of the transfer, but shall not otherwise alter, amend or abridge the certificate.
Sec. 10. NRS 704.450 is hereby amended to read as follows:
704.450 1. Upon a complaint made against any public utility by any mercantile, agricultural or manufacturing society or club, or by any body politic or municipal organization, or by any person or persons, firm or firms, corporation or corporations, association or associations, the same being interested, that any of the rates, tolls, charges or schedules, or any joint rate or rates are in any respect unreasonable or unjustly discriminatory, or that any regulation, measurements, practice or act whatsoever affecting or relating to the transportation of persons or property, or any service in connection therewith, or the production, transmission or delivery or furnishing of heat, light, gas, coal slurry, water or power, or any service in connection therewith or the transmission thereof is, in any respect, unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate, the commission shall proceed, with or without notice, to make an investigation of such complaint.
2. If, as a result of such investigation, the commission shall determine that probable cause exists for such complaint, it shall order a hearing thereof, upon notice to the public utility.
3. No order affecting such rates, tolls, charges, schedules, regulations, measurements, practice or act complained of shall be entered without a formal hearing.
Sec. 11. NRS 704.670 is hereby amended to read as follows:
704.670 1. [After March 28, 1933, every] Every public service company, corporation or individual furnishing light and power, telephone, gas, or water, or [either] any of them, to the public shall be and they are hereby required to pay to every customer or consumer, from whom any deposit shall have been required, interest on the amount of the deposit at the rate of [7] 5 percent per annum from the date of deposit until the date of settlement, or withdrawal of deposit.
κ1963 Statutes of Nevada, Page 816 (CHAPTER 373, SB 129)κ
company, corporation or individual furnishing light and power, telephone, gas, or water, or [either] any of them, to the public shall be and they are hereby required to pay to every customer or consumer, from whom any deposit shall have been required, interest on the amount of the deposit at the rate of [7] 5 percent per annum from the date of deposit until the date of settlement, or withdrawal of deposit. Where such deposit remains for a period of 1 year or more and the person making the deposit continues to be a consumer, the interest on the deposit at the end of the year shall be either paid in cash to the depositor or applied on current bills for the use of power, telephone, gas, light or water, as the depositor may desire.
2. Every firm, company, corporation or person who shall fail, refuse or neglect to pay the interest provided in subsection 1 and in the manner required by the provisions of subsection 1 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment in the county jail not exceeding 6 months, or by both fine and imprisonment.
Sec. 12. NRS 704.030 is hereby amended to read as follows:
704.030 Public utility, as used in this chapter, shall not include: [corporations,]
(a) 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 or hotel busses engaged in the transportation of persons for hire exclusively within the limits of a city of the State of Nevada.
(b) Corporations, companies, individuals or associations of individuals engaged in the production and sale of natural gas, other than sales to the public, or engaged in the transmission thereof other than as a common carrier transmission or distribution line or system.
Sec. 13. This act shall become effective upon passage and approval.
________
Senate Bill No. 176Senator Dial
CHAPTER 374
AN ACT to amend NRS section 686.420, relating to practices which are unfair competition and deceptive acts in the insurance business, by authorizing a lender or vendor to furnish insurance or to renew insurance and to charge the account of the borrower or purchaser if the borrower or purchaser fails to deliver such insurance to the lender or vendor; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 686.420 is hereby amended to read as follows:
686.420 The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:
κ1963 Statutes of Nevada, Page 817 (CHAPTER 374, SB 176)κ
1. Making, issuing, circulating, or causing to be made, issued or circulated, any estimate, illustration, circular or statement making any false or misleading statement as to the dividends or share of surplus previously paid on similar policies, or making any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates.
2. Making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any person in the conduct of his insurance business, which is untrue, deceptive or misleading.
3. Entering into any agreement to commit, or by any concerted action committing, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of or monopoly in the business of insurance.
4. Filing with any supervisory or other public official, or making, publishing, disseminating, circulating or delivering to any person, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false statement of financial condition of an insurer with intent to deceive.
5. Making any false entry in any book, report or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to report, or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, willfully omitting to make a true entry of any material fact pertaining to the business of such insurer in any book, report or statement of such insurer.
6. To require, directly or indirectly, or through any trustee, director, officer, agent or other employee or affiliate, as a condition precedent to financing the purchase of real or personal property or of lending money on the security of real or personal property, or for any renewal or extension of any such loan, or for the performance of any other act in connection therewith, that any person negotiate any insurance or renewal thereof covering such property through a particular insurance agent, broker or company. This subsection shall not prevent: [the]
(a) The exercise by any such person, firm, corporation, trustee, director, officer, agent or employee of his or its right to approve or disapprove of the insurance company selected to underwrite the insurance on the basis of financial stability.
(b) The exercise by any person engaged in the business of financing the purchase of real or personal property, or of lending money on the security of real or personal property, of his right to furnish such insurance or to renew such insurance, and to charge the account of the borrower or purchaser with the costs thereof, if the borrower or purchaser fails to deliver to the lender or vendor such insurance at least 30 days prior to expiration of the existing policy.
κ1963 Statutes of Nevada, Page 818 (CHAPTER 374, SB 176)κ
insurance or to renew such insurance, and to charge the account of the borrower or purchaser with the costs thereof, if the borrower or purchaser fails to deliver to the lender or vendor such insurance at least 30 days prior to expiration of the existing policy. However, if an insurance policy procured by the borrower or purchaser is subsequently substituted for that in force, the lender or vendor may not impose a service charge for the transaction, nor shall any service charge be imposed for normal insurance changes made during the term of the policy.
7. Any violation of NRS 686.150, 686.160, 690.040, 690.050 or 692.100.
________
Assembly Bill No. 374Mr. McNamee (by request)
CHAPTER 375
AN ACT to amend NRS sections 623.070, 623.100, 623.110, 623.185, 623.190, 623.210, 623.220, 623.250, 623.270, 623.310, 623.320 and 623.330, relating to architects and the state board of architecture, by providing for the waiver of notices of special meetings of the board; requiring the use of architects seals; changing the qualifications of applicants for registration; providing acceptable qualifications in lieu of examinations; changing provisions relating to certificate renewal cards; changing the conviction of a felony as a ground for certificate revocation to conviction of a crime involving moral turpitude; providing a fee for writing a treatise; requiring persons who have previously failed examinations to retake only the subjects failed; delineating persons exempt from the operation of the architects law; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 623.070 is hereby amended to read as follows:
623.070 1. [The board shall serve without pay or remuneration for subsistence and travel until such time as there are sufficient sums in the funds of the board to provide for the same.
2. Thereafter each] Each member of the board shall receive from the funds of the board:
(a) A salary of not more than $25 per day, as fixed by the board, while engaged in the business of the board.
[(c)] (b) Actual expenses for subsistence and lodging, not to exceed $25 per day, and actual expenses for transportation, while traveling on business of the board.
2. The secretary and treasurer of the board shall be paid a salary out of the funds of the board not to exceed $200 per year.
Sec. 2. NRS 623.100 is hereby amended to read as follows:
623.100 1. The board shall appoint one of its members as chairman, who shall serve without pay, and one of its members as secretary and treasurer. [, who shall be paid a salary out of the funds of the board not to exceed $200 per year.]
κ1963 Statutes of Nevada, Page 819 (CHAPTER 375, AB 374)κ
board not to exceed $200 per year.] The chairman and secretary shall each serve 1 year.
2. At any meeting 3 members shall constitute a quorum, but action shall not be deemed to have been taken upon any question unless there are at least 3 votes in accord.
Sec. 3. NRS 623.110 is hereby amended to read as follows:
623.110 Special meetings of the board shall be called by the secretary upon the written request of 3 of its members, and by giving 10 days written notice of such meeting and the time and place that such meeting is to be held to each member of the board [.] unless notice is waived by the members.
Sec. 4. (There is no section of this number.)
Sec. 5. NRS 623.185 is hereby amended to read as follows:
623.185 1. Upon being issued a certificate of registration, each registered architect shall obtain a seal of the design authorized by the board, bearing the architects name, the number of his certificate of registration, and the legend Registered Architect.
2. Plans, specifications, reports and other documents issued by a registered architect [may] shall be stamped with such seal.
3. It is unlawful for a person to stamp or seal any plans, specifications, reports or other documents with such seal after the certificate of registration of the architect, named therein, has expired or has been revoked, unless the certificate has been renewed or reissued.
4. Any registered architect who has been issued a certificate of registration prior to March 30, 1959, shall, within 60 days after March 30, 1959, obtain a seal as required by the provisions of subsection 1.
Sec. 6. NRS 623.190 is hereby amended to read as follows:
623.190 [Any person, who is at least 21 years of age and of good moral character, may apply for academic and technical examination for certificate and registration under this chapter, but, before being admitted to the technical examination, shall submit satisfactory evidence of having completed a 4-year course in and graduated from a high school approved by the board, or the equivalent thereof.] 1. An applicant for registration as an architect shall:
(a) Be at least 21 years of age.
(b) Be of good moral character and reputation.
(c) Have engaged actively for at least 7 years in architectural work of a character satisfactory to the board.
2. Each year of study, up to and including 5 years of study, satisfactorily completed in an architectural school accredited by the National Architectural Accrediting Board, or approved by the state board of architecture, may be considered as equivalent to 1 year of active engagement in architectural work.
3. Upon completion of his formal education or upon reaching the 5-year experience level, an applicant may be allowed to take examinations in the following subjects:
(a) History and theory;
(b) Site planning;
(c) Building construction and mechanics of materials; and
(d) Structural design.
κ1963 Statutes of Nevada, Page 820 (CHAPTER 375, AB 374)κ
Sec. 7. NRS 623.210 is hereby amended to read as follows:
623.210 [1.] The board may, in lieu of all examinations, accept satisfactory evidence of [any one of the qualifications set forth under the following paragraphs:
(a) A diploma of graduation from an architectural school or college showing that the applicant has completed a technical and professional course of not less than 4 years duration, which course is approved by the board, and, in addition thereto, has had at least 3 years of satisfactory experience, 2 years of which shall have been in the office or offices of a reputable architect or architects meeting all of the qualifications for practice under the provisions of this chapter. The board may require applicants under this paragraph to furnish satisfactory evidence of knowledge of professional practice and supervision of construction.
(b) Registration] registration and certification as an architect in another state or country where the qualifications required are equal to those required in this chapter at the date of application.
[2. Any architect who has lawfully practiced architecture for a period of 10 or more years outside this state, except as provided in paragraph (b) of subsection 1, shall be required to take only a practical examination, the nature of which shall be determined by the board.]
Sec. 8. NRS 623.220 is hereby amended to read as follows:
623.220 1. The board shall issue a certificate of registration upon payment of a registration fee, as provided for in this chapter, to any applicant who shall successfully pass such examinations, or in lieu thereof shall bring himself within [any one or more of the subsections] the provisions of NRS 623.210.
2. Certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered professional architect while such certificate remains unrevoked or unexpired.
Sec. 9. NRS 623.250 is hereby amended to read as follows:
623.250 1. Each architect holding a certificate of registration under the provisions of this chapter shall, before or during the month of each December preceding the year such holder shall desire to continue the practice of architecture, [make an application, accompanied by the] submit a renewal fee provided for by this chapter, for a renewal of such certificate.
2. Upon receipt of the renewal fee, the secretary of the board shall execute and issue a certificate renewal card to the applicant, certifying that his certificate of registration has been and is renewed for the term of 1 year. The certificate renewal card shall bear a serial number, [be signed by] the signature or a facsimile thereof of the secretary of the board, and shall be sealed with the seal of the board.
3. Such renewal shall be duly recorded, together with its serial number, by the secretary of the board in the official register of the board as provided for in NRS 623.230.
κ1963 Statutes of Nevada, Page 821 (CHAPTER 375, AB 374)κ
number, by the secretary of the board in the official register of the board as provided for in NRS 623.230.
Sec. 10. NRS 623.270 is hereby amended to read as follows:
623.270 The board may, by three concurring votes, revoke any certificate of registration to practice architecture, issued or renewed under the provisions of this chapter, if proof satisfactory to the board be presented in any of the following cases:
1. In case it is shown that the certificate was obtained by fraud.
2. In case the holder of the certificate has been found guilty by the board or by a court of justice of any fraud or deceit in his professional practice, or has been convicted of a [felony] crime involving moral turpitude by a court of justice.
3. In case the holder of the certificate has been found guilty by the board of gross incompetence or gross negligence in the planning or construction of buildings.
4. In case the holder of the certificate has been found guilty by the board of signing plans for the construction of a building as a registered architect where he is not the actual architect of such building.
Sec. 11. NRS 623.310 is hereby amended to read as follows:
623.310 The following fees shall be paid to the board:
For an examination for a certificate.............................................................. $35
For rewriting an examination or a part or parts failed............................... 25
For a certificate of registration..................................................................... 25
For an annual renewal of a certificate, not exceeding............................... 25
For the restoration of an expired certificate............................................... 25
For the restoration of a certificate which has been revoked................... 100
For writing a treatise................................................................................... 25
Sec. 12. NRS 623.320 is hereby amended to read as follows:
623.320 1. If the applicant fails to pass a written examination, as provided in NRS 623.200, or any part thereof, he may retake the examination or the part or parts failed in a subsequent examination upon the payment of the fees, as provided in NRS 623.310.
2. [An applicant shall be permitted to retake the examination, or the part or parts in which he has failed, two additional times, and upon failure to pass the examination or the part or parts previously failed, he shall be required to retake all parts of the examination after a period of 2 years and pay the $35 fee required for an examination for a certificate.
3. All persons who have previously failed the written examination prior to March 30, 1959, shall be entitled to take the written examination, or part or parts failed, two additional times within 2 years from March 30, 1959.] Any person who failed a written examination prior to July 1, 1963, shall not be required, in a subsequent examination, to retake such part or parts of the examination previously passed.
Sec. 13. NRS 623.330 is hereby amended to read as follows:
623.330 The following [shall be exempted] persons are exempt from the provisions of this chapter:
[1. Engaging in architectural work as an employee of a registered architect; provided, that the work may not include responsible charge of design or supervision.
κ1963 Statutes of Nevada, Page 822 (CHAPTER 375, AB 374)κ
architect; provided, that the work may not include responsible charge of design or supervision.
2. Practice of architecture by any person not a resident of and having no established place of business in this state as a consulting associate of an architect registered under the provisions of this chapter; provided, that such nonresident is qualified for such professional service in his own state.
3. Practice of architecture solely as an officer or as an employee of the United States, or of a licensed contractor in this state.
4. Practice of architecture by any person who is a licensed architect in another state or country whose laws regulating the practice of architecture are recognized by the National Council of Architectural Registration Boards; provided, that all fees required by the provisions of this chapter are paid by such person.
5. A draftsman who does not hold himself out to the public as an architect.
6. A professional engineer registered under the provisions of chapter 625 of NRS.]
1. A person engaging in architectural work as an employee of a registered architect, provided that the work does not include responsible charge of design or supervision; or a consultant retained by a registered architect.
2. A person practicing architecture as an officer or employee of the United States.
3. A professional engineer registered under the provisions of chapter 625 of NRS who designs buildings as permitted by chapter 625 of NRS.
4. A person who designs buildings and supervises the construction thereof for his own use.
5. A contractor licensed under the provisions of chapter 624 of NRS who provides his own drawings for his own construction activities.
6. A draftsman who does not hold himself out to the public as an architect.
________
Senate Bill No. 222Senator Whitacre
CHAPTER 376
AN ACT to amend NRS section 516.010, relating to prospecting on public lands and mining as a public use, by deleting provisions relating to prospecting on public lands; to repeal NRS section 516.020, relating to reservation of certain mineral rights; and providing other matters properly relating thereto.
[Approved April 18, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 516.010 is hereby amended to read as follows:
516.010 [1. The several grants made by the United States to the State of Nevada reserved the mineral lands.
κ1963 Statutes of Nevada, Page 823 (CHAPTER 376, SB 222)κ
State of Nevada reserved the mineral lands. Sales of such lands made by the state were made subject to such reservation.
2. Any citizen of the United States or person having declared his intention to become a citizen of the United States may enter upon any mineral lands in this state, notwithstanding the states selection, and explore for gold, silver, copper, lead, cinnabar or other valuable mineral, and upon the discovery of such valuable mineral may work and mine the same in pursuance of the local rules and regulations of the miners and the laws of the United States.
3. After a person who has purchased land from the state has made valuable improvements thereon, such improvements shall not be taken or injured without full compensation, but such improvements may be condemned for the uses and purposes of mining in like manner as private property is by law condemned and taken for public use.
4.] Mining for gold, silver, copper, lead, cinnabar and other valuable mineral is the paramount interest of this state, and is hereby declared to be a public use.
Sec. 2. NRS 516.020 is hereby repealed.
Sec. 3. Nothing in this act shall be construed to limit the rights of any citizen of the United States granted to him pursuant to the provisions of NRS 516.030 to 516.060, inclusive.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 493Clark County Delegation
CHAPTER 377
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 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 405, Statutes of Nevada 1959, at page 621, is hereby amended to read as follows:
Section 10. Mayor, Commissioners, and Municipal Judge-Salary of. [From and after the first Monday of July 1959, the elected city officials of the city of Las Vegas shall receive the following salaries and compensations: The mayor of the city of Las Vegas shall receive as remuneration for his services the sum of $6,000 per annum; each of the commissioners shall receive the sum of $4,200 per annum; the city attorney shall receive such sum as may be determined by the mayor and board of commissioners which shall not be less than $7,500 nor more than $10,000 per annum; the judge of the municipal court shall receive such sum as may be determined by the mayor and board of commissioners which shall not be less than $7,500 nor more than $10,000 per annum; which shall be full compensation for all services rendered said city.]
κ1963 Statutes of Nevada, Page 824 (CHAPTER 377, AB 493)κ
more than $10,000 per annum; the judge of the municipal court shall receive such sum as may be determined by the mayor and board of commissioners which shall not be less than $7,500 nor more than $10,000 per annum; which shall be full compensation for all services rendered said city.]
1. From and after July 1, 1963, the mayor shall receive the sum of $7,800 per annum, which shall be full compensation for all services rendered the city.
2. Until July 1, 1965, commissioners 2 and 4 shall each receive the sum of $4,200 per annum, which shall be full compensation for all services rendered the city. On and after July 1, 1965, commissioners 2 and 4 shall each receive the sum of $6,000 per annum, which shall be full compensation for all services rendered the city.
3. From and after July 1, 1963, commissioners 1 and 3 shall each receive the sum of $6,000 per annum, which shall be full compensation for all services rendered the city.
4. From and after July 1, 1963, to June 30, 1965, the city attorney shall receive such sum as may be determined by the mayor and the board of county commissioners, which shall not be less than $7,500 nor more than $10,000 per annum, and which shall be full compensation for all services rendered the city.
5. From and after July 1, 1965, the city attorney shall:
(a) Receive the sum of $17,000 per annum, which shall be full compensation for all services rendered the city.
(b) Devote his full time to the duties of his office.
(c) Not engage in the private practice of law, but he shall be allowed a reasonable time to complete the private practice of law for which he had been retained prior to July 1, 1965.
6. From and after July 1, 1963, to June 30, 1965, the judge of the municipal court shall receive such sum as may be determined by the mayor and the board of commissioners, which shall not be less than $7,500 nor more than $10,000 per annum, and which shall be full compensation for all services rendered the city.
7. From and after July 1, 1965, the judge of the municipal court shall:
(a) Receive the sum of $15,500 per annum, which shall be full compensation for all services rendered the city.
(b) Devote his full time to the duties of his office.
Sec. 2. Section 28 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, at page 157, is hereby amended to read as follows:
Section 28. Municipal Court. There shall be in [said] the city a municipal court [; the] consisting of two or more departments as provided in section 29. The papers, pleadings filed therein, and processes issuing therefrom shall be entitled In the Municipal Court of the City of Las Vegas.
Sec. 3. Section 29 of chapter II of the above-entitled act, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 152, Statutes of Nevada 1955, at page 208, is hereby amended to read as follows:
κ1963 Statutes of Nevada, Page 825 (CHAPTER 377, AB 493)κ
Statutes of Nevada 1955, at page 208, is hereby amended to read as follows:
Section 29. The Municipal Court-Jurisdiction of-[Procedure in Qualifications of Municipal Judge. The municipal court shall be presided over by a municipal judge.] Coextensive and Concurrent Jurisdiction of Judges. One department of the municipal court shall be presided over by the elected municipal judge. Other departments of the municipal court shall be presided over by municipal judges appointed by the mayor, which judges shall possess the same qualifications required for the elected municipal judge and shall receive such compensation as may be determined by the mayor and board of commissioners. All municipal judges shall possess equal coextensive and concurrent jurisdiction and power. 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 the [said] 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 [said] court shall have 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 this act of a police nature, and shall hear, try, and determine, acquit, convict, commit, fine, punish, or hold to bail in accordance with the provisions of such ordinances or of this act. The practice and proceedings of the [said] court shall conform, as nearly as practicable, to the practice and proceedings of the [justice] justices courts in similar case. Fines imposed by the court may be recovered by execution against the property of the defendant, or by the payment thereof enforced by imprisonment in the city jail of [said] the city at the rate of one day for every two 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 [said] the city at a rate of two 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 actions for the collection of taxes and assessments levied for city purposes, by the city for such services, when the principal sum claimed does not exceed three hundred dollars; also, actions to foreclose liens in the name of the city for the non-payment of such taxes, assessments, and charges where the principal sum claimed does not exceed three hundred dollars; also, of actions for the collection of any money payable to the city when the principal sum claimed does not exceed three hundred dollars; and actions for damage 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, 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 certifications of causes by [justice] justices courts.
κ1963 Statutes of Nevada, Page 826 (CHAPTER 377, AB 493)κ
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, 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 certifications of causes by [justice] justices courts. The [said] court shall have jurisdiction of the following offenses committed within the city which either violate the peace and good order of the city or the peace and quietude of an individual or individuals, 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, driving any vehicle while under the influence of intoxicating liquors, fighting, quarreling, dogfights, cockfights, 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 all other 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 for the enforcement of its judgment, and may punish for contempt in like manner and with the same effect as if provided by the general law for a justice of the peace. [The] Each municipal 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 commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed and uncollected, since his last report, and shall at the same time render and pay unto the city treasurer all fines collected and moneys received on behalf of the city since his last report. In all cases in which [the] a municipal 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, and no other municipal judge of the city is qualified to act, any justice of the peace of [said county,] Clark County, or any person who possesses the qualification prescribed by this act for the office of municipal judge, on the written request of the mayor, may act in the place and stead of such municipal judge. [and the] The commissioners shall have the power to apportion ratably the salary or compensation of such municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge, provided, that the commissioners shall not apportion ratably the salary or compensation of the municipal judge to such person so serving, and deduct the sum so apportioned from the salary of the municipal judge, for a period of absence on leave or vacation authorized by the commissioners, and, in that event, the person so serving in the place and stead of the municipal judge shall receive such compensation as the commissioners shall prescribe.
κ1963 Statutes of Nevada, Page 827 (CHAPTER 377, AB 493)κ
the commissioners shall not apportion ratably the salary or compensation of the municipal judge to such person so serving, and deduct the sum so apportioned from the salary of the municipal judge, for a period of absence on leave or vacation authorized by the commissioners, and, in that event, the person so serving in the place and stead of the municipal judge shall receive such compensation as the commissioners shall prescribe. 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, writs, and process issued by the municipal court shall run to any sheriff or constable of the county or the marshal or policeman of the city.
Sec. 4. Section 1 of this act shall become effective July 1, 1963. Sections 2 and 3 of this act shall become effective upon passage and approval of this act.
________
Senate Bill No. 197Committee on Judiciary
CHAPTER 378
AN ACT incorporating the Nevada state park system in the state department of conservation and natural resources; to amend chapter 232 of NRS and NRS sections 206.320, 232.073, 232.090, 381.205, 381.221, 407.011, 407.015, 407.017, 407.027 to 407.047, inclusive, 407.055, 407.057, 407.065, 407.077, 407.120 to 407.150, inclusive, 407.170, 407.200, 407.210, 408.285 and 503.640, relating to various functions of the Nevada state park system and the state department of conservation and natural resources, by making technical changes necessitated by the incorporation of such system in such department; to repeal NRS section 407.180, relating to the state ichthyosaur park board; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 232 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The division of state parks shall be administered by the administrator of the Nevada state park system, who shall be appointed by and be responsible to the director.
2. The administrator and the employees of the division of state parks shall administer the provisions of chapter 407 of NRS and any other laws relating to state parks.
Sec. 2. NRS 206.320 is hereby amended to read as follows:
206.320 1. The board of trustees of the Nevada state museum shall have the power and authority, by itself or by its designated representative, to post or otherwise properly designate a petrified wood site deemed of sufficient importance to preserve in its natural state.
κ1963 Statutes of Nevada, Page 828 (CHAPTER 378, SB 197)κ
2. It shall be unlawful to disturb or remove from such site any petrified wood.
3. Any violation of this section is a misdemeanor.
4. The [state park commission,] division of state parks of the state department of conservation and natural resources, and personnel thereof, the sheriffs, in their respective counties, and all other peace officers shall be charged with the enforcement of this section.
Sec. 3. (There is no section of this number.)
Sec. 4. NRS 232.073 is hereby amended to read as follows:
232.073 1. [The] Except as provided in NRS 407.063, the director may, with the approval of the governor, accept gifts, devises, bequests or grants of real or personal property of any kind. Any funds received shall be deposited in the state department of conservation and natural resources cooperative fund.
2. Claims against such fund shall be made by the director and paid as other claims against the state are paid.
3. There is hereby created in the state treasury a special fund to be known as the state department of conservation and natural resources cooperative fund.
Sec. 5. NRS 232.090 is hereby amended to read as follows:
232.090 The department shall consist of:
1. The division of water resources.
2. The division of state lands.
3. The division of forestry.
4. The division of oil and gas conservation.
5. The division of state parks.
6. Such other divisions as the director may in his discretion from time to time establish, to cooperate with the various committees, districts, associations and political subdivisions concerned with conservation and natural resources.
Sec. 6. NRS 381.205 is hereby amended to read as follows:
381.205 Upon granting the permit, the board shall immediately notify the [chairman of the state park commission,] division of parks of the department of conservation and natural resources, the sheriff in the county in which the permit is to be exercised, and personnel of the Nevada highway patrol controlling the state roads of the district embracing the site in which the permit is to be exercised.
Sec. 7. NRS 381.221 is hereby amended to read as follows:
381.221 The [state park commission,] division of parks of the department of conservation and natural resources, and personnel thereof, the sheriffs in their respective counties, the Nevada highway patrol, and all other peace officers shall be charged with the enforcement of NRS 381.195 to 381.227, inclusive. Those persons charged with the enforcement of NRS 381.195 to 381.227, inclusive, may, at any time, examine the permit of any person claiming privileges granted under NRS 381.195 to 381.227, inclusive, and may fully examine all work done under the permit.
Sec. 8. NRS 407.011 is hereby amended to read as follows:
407.011 As used in this chapter, unless the context requires otherwise:
κ1963 Statutes of Nevada, Page 829 (CHAPTER 378, SB 197)κ
1. Administrator means the administrator of the Nevada state park system.
2. Commission means the state park advisory commission.
[2. Director means the director of the Nevada state park system.]
3. System means the Nevada state park system.
Sec. 9. NRS 407.015 is hereby amended to read as follows:
407.015 There is hereby created the Nevada state park system. [in which shall be vested the administration of the provisions of this chapter.]
Sec. 10. NRS 407.017 is hereby amended to read as follows:
407.017 There is hereby created in the Nevada state park system a state park advisory commission composed of seven members to be appointed by the governor.
Sec. 11. NRS 407.027 is hereby amended to read as follows:
407.027 1. The commission shall elect one of its members as chairman of the commission.
2. The [director] administrator shall act as the nonvoting recording secretary of the commission. He shall keep the minutes of the proceedings of the commission.
Sec. 12. NRS 407.033 is hereby amended to read as follows:
407.033 1. The members of the commission shall meet at such times and at such places as shall be specified by the call of the chairman or a majority of the commission, but a meeting of the commission shall be held at least quarterly. In case of emergency, special meetings may be called by the chairman or by the [director.] administrator.
2. Four members of the commission shall constitute a quorum. A quorum may exercise all the power and authority conferred on the commission.
3. Minutes of each meeting, regular or special, shall be filed in the office of the system and shall be public records.
Sec. 13. NRS 407.035 is hereby amended to read as follows:
407.035 1. The commission shall have only such powers and duties as are authorized by law.
2. The commission shall have the following powers and duties:
(a) To be informed on and interested in the entire field of legislation and administration charged to the system.
(b) To report to the governor and legislature on all matters which it may deem pertinent to the system, and concerning any specific matters previously requested by the governor.
(c) To advise and make recommendations to the governor or the legislature relative to the park and recreation policy of the state.
(d) To [formulate] advise the administrator concerning formulation of the policy of the system and the various divisions thereof.
[(e) From time to time to adopt, amend and rescind such rules and regulations as it may deem necessary for the operation of the system and for carrying out the provisions of the laws and the programs administered by the system. Such rules and regulations shall have the force and effect of law.]
κ1963 Statutes of Nevada, Page 830 (CHAPTER 378, SB 197)κ
3. The commission shall prescribe rules and regulations for its own management and government.
Sec. 14. NRS 407.037 is hereby amended to read as follows:
407.037 The position of [director] administrator of the Nevada state park system is hereby created. [The director shall be appointed by and be responsible to the commission.] He shall be appointed on the basis of merit under the provisions of chapter 284 of NRS and shall be in the classified service except for the purposes of removal.
Sec. 15. NRS 407.043 is hereby amended to read as follows:
407.043 The [director] administrator shall be a graduate from an accredited college or university, and he shall have demonstrated executive ability and actual experience and training in the conduct of park and recreational systems involving both physical development and program.
Sec. 16. NRS 407.045 is hereby amended to read as follows:
407.045 1. The [director] administrator shall receive an annual salary which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
2. The salary of the [director] administrator may be apportioned and paid from any funds available to the system, unless otherwise provided by law.
3. The [director] administrator shall receive the per diem expense allowance and travel expenses as provided by law.
Sec. 17. NRS 407.047 is hereby amended to read as follows:
407.047 1. As the executive head of the system, the [director] administrator shall direct and supervise all administrative, fiscal, budget and technical activities of the system, and all programs administered by the system as provided by law. He shall devote his entire time to the duties of his office, and shall follow no other gainful employment or occupation.
2. The [director] administrator may organize the system into various [divisions] sections and, from time to time, alter such organization and reassign responsibilities and duties as he may deem appropriate.
3. The [director] administrator shall:
(a) Coordinate the activities of the various [divisions] sections of the system.
(b) Report to the [commission] director of the department of conservation and natural resources upon all matters pertaining to the administration of his office.
(c) Submit a biennial report to the [governor, the legislature and the commission] director on the work of the system, with recommendations that he may deem necessary.
(d) Pursuant to the provisions of chapter 284 of NRS, appoint such technical, clerical and operational staff as the execution of his duties and the operation of the system may require.
(e) From time to time adopt, amend and rescind such regulations as he finds necessary for the operation of the system and for carrying out the provisions of the laws and the programs administered by the system. Such regulations shall have the force and effect of law.
κ1963 Statutes of Nevada, Page 831 (CHAPTER 378, SB 197)κ
Sec. 18. NRS 407.055 is hereby amended to read as follows:
407.055 The [director] administrator may designate an employee or employees of the system to act as his deputy or deputies. In case of the absence of the [director,] administrator, or his inability from any cause to discharge the powers and duties of his office, such powers and duties shall devolve upon his deputy or deputies.
Sec. 19. NRS 407.057 is hereby amended to read as follows:
407.057 1. The system shall maintain its headquarters office at Carson City, Nevada.
2. The system may maintain such district or branch offices throughout the state as the [director] administrator may deem necessary to the efficient operation of the system and the various [divisions] sections thereof. The [director] administrator is hereby authorized, on behalf of the system, to enter into such leases or other agreements as may be necessary to the establishment of such district or branch offices. Such leases or agreements shall be executed in cooperation with the state department of buildings and grounds and in accordance with the provisions of NRS 331.110.
Sec. 20. NRS 407.065 is hereby amended to read as follows:
407.065 The system is hereby authorized to:
1. Designate, establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreation areas for the use of the general public.
2. Protect state parks and property controlled or administered by it from misuse or damage and to preserve the peace within such areas. At the discretion of the [director,] administrator, rangers and employees of the system shall have the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the system.
3. Allow multiple use of state parks and real property controlled or administered by it for any lawful purpose, including but not limited to, grazing, mining, development of natural resources, hunting and fishing, and subject to such rules and regulations as may be promulgated in furtherance of the purposes of the system.
4. Conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and collect reasonable fees therefor, which shall be used for park and recreation purposes.
5. Rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the system to public or private corporations, to groups of individuals, or to individuals for a valuable consideration upon such terms and conditions as the system deems fit and proper, but no concessionaire shall be permitted to dominate any state park operation.
Sec. 21. NRS 407.077 is hereby amended to read as follows:
407.077 1. Funds to carry out the provisions of this chapter and to support the system, its various [divisions,] sections, and programs administered by the system, may be provided by direct legislative appropriation from the general fund.
κ1963 Statutes of Nevada, Page 832 (CHAPTER 378, SB 197)κ
2. All moneys in any fund in the state treasury available to the system shall be paid out on claims approved by the [director] administrator as other claims against the state are paid.
Sec. 22. NRS 407.120 is hereby amended to read as follows:
407.120 Upon the recommendation of the [commission,] administrator, the governor may, by proclamation, designate any site, place or building located on any publicly owned land, or any land in the state held by the [commission] system under lease or permit, as a state park, state monument, historical landmark, historical building, an archeological area or recreational area.
Sec. 23. NRS 407.130 is hereby amended to read as follows:
407.130 The [commission] system shall administer, protect, mark and develop any such state monument, historical landmark, historical building or recreational area so designated and proclaimed as provided in NRS 407.120, and any moneys appropriated to the [commission,] system, or derived by it from any source whatever, may be expended by it for the marking, care, protection, supervision, improvement or development of any such state monument, historical landmark, historical building or recreational area.
Sec. 24. NRS 407.140 is hereby amended to read as follows:
407.140 The Genoa fort and stockade and the land upon which it is located, in Douglas County, Nevada, is designated as Genoa Fort Monument and is placed under the jurisdiction of the [commission] system as a state park, when it is determined by the [commission] administrator that title to the land occupied by the Genoa fort and stockade is in the State of Nevada.
Sec. 25. NRS 407.150 is hereby amended to read as follows:
407.150 Fort Churchill and the land upon which it is located in Lyon County, Nevada, is designated as Fort Churchill Monument and is placed under the jurisdiction of the [commission] system as a state park.
Sec. 26. NRS 407.170 is hereby amended to read as follows:
407.170 The [commission shall constitute a state ichthyosaur park board to] system shall protect and maintain the ichthyosaur discovery site located in Berlin Canyon, Shoshone Range, Nye County, Nevada.
Sec. 27. NRS 407.200 is hereby amended to read as follows:
407.200 The [board] system is authorized to take such action as is necessary to carry NRS 407.160 to 407.200, inclusive, into effect. The [board] administrator shall be empowered, with the advice, assistance and cooperation of the attorney general, to determine title to the land occupied by the ichthyosaur discovery site, and to take any action which is necessary for the preservation of the ichthyosaur site, and the permanent protection of the site and the objects on the site for the benefit of the people of the State of Nevada.
2. The [board] system is authorized to receive and expend moneys from the State of Nevada and to receive and expend moneys from any other public or private institution or individual in order to carry out its purposes.
3. The [board] system is authorized to employ a park custodian to supervise the care and protection of the ichthyosaur discovery site and to employ such other employees and consultants as, in the judgment of the [board,] administrator, may be necessary to carry out the purposes of NRS 407.160 to 407.200, inclusive.
κ1963 Statutes of Nevada, Page 833 (CHAPTER 378, SB 197)κ
supervise the care and protection of the ichthyosaur discovery site and to employ such other employees and consultants as, in the judgment of the [board,] administrator, may be necessary to carry out the purposes of NRS 407.160 to 407.200, inclusive.
4. The [board] administrator is authorized, subject to the approval of the governor, to appoint an advisory board consisting of recognized paleontologists, from within or without the State of Nevada, to assist [the board] him in carrying out [its] his functions and purposes.
5. When title to the land occupied by the ichthyosaur discovery site is determined to be in the State of Nevada, or is obtained in the name of the State of Nevada, the [ichthyosaur park board] administrator shall cause a description of such site to be recorded with the county recorder of Nye County, Nevada, and upon such recordation the land so described shall be, by proclamation of the governor, set apart for all time as an historical monument and state park under the jurisdiction of the [commission.] system.
Sec. 28. NRS 407.210 is hereby amended to read as follows:
407.210 1. The cutting or removal of any timber or other forest growth, the destruction thereof by fire or other means, except where such cutting or removal is authorized by proper authority for the proper administration or protection of any park or park lands, is hereby prohibited within any of the park or recreational areas within the jurisdiction of the [commission.] system.
2. The destruction or removal of any buildings, parts of buildings, other structures, tables, stoves or any appurtenances thereto, as well as any historical relics, natural specimens such as petrified trees, petroglyphs and other relics or material within the jurisdiction of the [commission] system is hereby prohibited.
3. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $20 nor more than $500, or by imprisonment in the county jail for not less than 10 days nor more than 6 months, or by both fine and imprisonment.
Sec. 29. NRS 408.285 is hereby amended to read as follows:
408.285 1. The highways which are constructed, reconstructed, improved and maintained by the department in accordance with the provisions of this chapter shall be state highways, and the department shall be charged with the responsibility of such construction, reconstruction, improvement and maintenance, provided:
(a) That the funds available to the state through the Acts of Congress described in NRS 408.245 or any other federal acts may be used therefor; and
(b) That when such federal funds are made available under federal acts authorizing the use of federal funds to build roads in the national forests, the board is authorized to set aside for that purpose and to expend highway funds on state highways built by the Federal Government.
2. For department administrative purposes all highways not already or hereafter designated and assigned route numbers by the legislature may be selected, designated and assigned route numbers by the engineer.
κ1963 Statutes of Nevada, Page 834 (CHAPTER 378, SB 197)κ
already or hereafter designated and assigned route numbers by the legislature may be selected, designated and assigned route numbers by the engineer.
3. All roads connecting state parks with state or county highways or city streets, where the title thereto is in the state, are parts of the state highway system and may be maintained by the state. The department is authorized to construct and maintain roads within state parks subject to approval of locations and design by the [Nevada state park system.] division of state parks of the state department of conservation and natural resources.
Sec. 30. NRS 503.640 is hereby amended to read as follows:
503.640 Except in such state park areas as may be designated by the [state park commission,] division of state parks of the state department of conservation and natural resources, every person who shall willfully and maliciously kill, wound or trap any animal or bird within the limits of any cemetery, park or pleasure ground or remove therefrom or destroy the young of any such animal or the egg of any such bird shall be guilty of a misdemeanor.
Sec. 31. NRS 407.180 is hereby repealed.
________
Assembly Bill No. 477Committee on Public Health and Public Morals
CHAPTER 379
AN ACT to amend chapter 458 of NRS, relating to alcoholism and the state alcoholism agency, by adding new sections authorizing the director of the state alcoholism agency to fix reasonable fees for the sale of printed materials pertaining to alcoholism; authorizing the state alcoholism agency to accept funds, contributions, gifts, grants and devises; creating the alcoholism receipts fund in the state treasury and providing for the sources thereof and disbursements therefrom; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 4, inclusive, of this act.
Sec. 2. The director may fix reasonable fees for the sale of miscellaneous printed materials pertaining to alcoholism which are purchased or prepared by the agency.
Sec. 3. The agency may accept:
1. Funds appropriated and made available by any Act of Congress for any program administered by the agency as provided by law.
2. Funds and contributions made available by a county, a city, a public district or any political subdivision of this state for any program administered by the agency as provided by law.
3. Funds, contributions, gifts, grants and devises made available by a public or private corporation, by a group of individuals, or by individuals, for any program administered by the agency as provided by law.
κ1963 Statutes of Nevada, Page 835 (CHAPTER 379, AB 477)κ
individuals, for any program administered by the agency as provided by law.
Sec. 4. 1. The alcoholism receipts fund is hereby created in the state treasury for the use of the agency.
2. All fees and moneys received by the agency under the provisions of sections 2 and 3 of this act shall be deposited in the alcoholism receipts fund.
3. Expenditures from the alcoholism receipts fund shall be made only for the purposes authorized in this chapter.
4. All moneys in the alcoholism receipts fund shall be paid out on claims approved by the director as other claims against the state are paid.
________
Assembly Bill No. 504Committee on State, County and City Affairs
CHAPTER 380
AN ACT to amend NRS section 311.230, relating to the power of water and sanitation districts to issue general obligation bonds, by increasing the due date of general obligation bonds of such districts from 30 years to 40 years; to amend chapter 311 of NRS, relating to water and sanitation districts, by adding new sections relating to revenue bonds and their issuance for acquisition, improvement of the sanitary sewer system and their payment from net revenues; providing for a schedule of rates, fees, tolls and charges and covenants to be contained in the resolution providing for the issuance of revenue bonds; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 311.230 is hereby amended to read as follows:
311.230 To carry out the purposes of this chapter, the board is hereby authorized to issue negotiable coupon bonds of the district. Bonds shall bear interest at a rate not exceeding 6 percent per annum, payable semiannually, and shall be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than [30] 40 years from date [.] without limitation as to the manner in which they mature. The form and terms of the bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding 3 percent of the principal thereof. The bonds shall be executed in the name of and on behalf of the district and signed by the chairman of the board with the seal of the district affixed thereto and attested by the secretary of the board. The bonds shall be in such denominations as the board shall determine and the bonds and coupons thereto attached shall be payable to bearer. Interest coupons shall bear the original or facsimile signature of the chairman of the board.
κ1963 Statutes of Nevada, Page 836 (CHAPTER 380, AB 504)κ
Sec. 2. Chapter 311 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 6, inclusive, of this act.
Sec. 3. A district created wholly or in part for sanitary sewer purposes may issue bonds (without the necessity of holding an election and as an alternative or in addition to other forms of borrowing authorized in this chapter) for the purpose of acquiring or improving a sanitary sewer system, and such bonds shall be made payable solely out of the net revenues derived from the operation of such system.
Sec. 4. 1. Such revenue bonds may be publicly or privately sold at not less than 95 percent of their face value.
2. Each such revenue bond shall recite in substance that the principal thereof, including the interest thereon, is payable from the revenue pledged to the payment thereof and does not constitute a debt within the meaning of any constitutional or statutory limitation.
Sec. 5. In order to insure the payment of any such revenue bonds, or of such general obligation bonds the payment of which is additionally secured by a pledge of the revenues of such sanitary sewer facilities, the board shall establish and maintain, and from time to time revise, a schedule or schedules of rates, fees, tolls or charges for services and facilities rendered by or through such system in an amount sufficient for that purpose and also sufficient to discharge any covenant in the proceedings of the board authorizing the issuance of any of such bonds, including any covenant for the establishment of reasonable reserve funds.
Sec. 6. The resolution or resolutions providing for the issuance of any such bonds payable primarily or secondarily from the net revenues of such sanitary sewer facilities may contain at the discretion of the board covenants (notwithstanding that such covenants may limit the exercise of powers conferred by this chapter) as to:
1. The rates, fees, tolls or charges to be charged for the facilities and services.
2. The use and disposition of the revenue of such system.
3. The creation and maintenance of reserves or sinking funds and the regulation, use and disposition thereof.
4. The purpose or purposes to which the proceeds of the sale of the bonds may be applied and the use and disposition of such proceeds.
5. Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on such bonds or on the coupons thereof.
6. A fair and reasonable payment of the district to the account of such facilities and services furnished the district or any of its departments by the undertaking.
7. The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such facilities, and the priority of liens against such revenue.
8. The insurance to be carried thereon and the use and disposition of insurance moneys.
κ1963 Statutes of Nevada, Page 837 (CHAPTER 380, AB 504)κ
9. Books of account and the inspection and audit thereof.
10. 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.
11. The rights, liabilities, powers and duties arising upon the breach by the district of any covenants, conditions or obligations.
12. The vesting in a trustee or trustees of the right to enforce any covenants made to secure, to pay, or otherwise in relation to the bonds, as to the powers and duties of such trustee or trustees, and the limitation of liabilities thereof, and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed hereby.
13. A procedure by which the terms of any resolution authorizing bonds 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.
14. The manner of collecting the rates, fees, tolls or charges for the services and facilities.
Sec. 7. This act shall become effective upon passage and approval.
________
Assembly Bill No. 503Messrs. Von Tobel, Hafen, Jacobsen and Pozzi
CHAPTER 381
AN ACT to amend NRS section 616.585, relating to payment of benefits under the Nevada Industrial Insurance Act, by increasing the maximum limit on monthly wages to be taken into consideration by the Nevada industrial commission in determining the amount of monthly benefits to be paid an employee who is temporarily totally disabled; and by providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.585 is hereby amended to read as follows:
616.585 Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for temporary total disability:
1. During the period of temporary total disability, but in no event for more than 100 months, 65 percent of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman during the time for which compensation is paid, an additional 15 percent for each dependent, but no more than 90 percent of the average monthly wage.
κ1963 Statutes of Nevada, Page 838 (CHAPTER 381, AB 503)κ
is paid, an additional 15 percent for each dependent, but no more than 90 percent of the average monthly wage.
2. Any excess of wages over [$275] $300 a month shall not be taken into account in computing such compensation.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 285Messrs. Pozzi and Valentine
CHAPTER 382
AN ACT to amend chapter 487 of NRS, relating to garages and repair shops, by adding new provisions relating to automobile wreckers, defining department; providing for the licensing and regulation of automobile wreckers; providing for the methods of transfer and registration of vehicles by automobile wreckers; providing for the denial, suspension or revocation of licenses; providing for hearings; requiring the maintenance of records; providing penalties; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.
Sec. 2. As used in sections 3 to 16, inclusive, of this act, department means the department of motor vehicles.
Sec. 3. 1. It is unlawful for any person to dismantle or wreck any vehicle subject to registration under the laws of this state without first obtaining a license for such operation from the department.
2. Applications for such licenses shall be made on forms provided by the department and accompanied by such proof as the department may require that the applicant is a bona fide automobile wrecker.
Sec. 3.5. 1. No license may be issued to an automobile wrecker until he has procured and filed with the department a good and sufficient bond in the amount of $10,000 with a corporate surety thereon licensed to do business in the State of Nevada, approved as to form by the attorney general, and conditioned that the applicant shall conduct his business as a wrecker without fraud or fraudulent representation, and without violation of the provisions of sections 3 to 16, inclusive, of this act. The department may, by agreement with any automobile wrecker who has been in business for 5 years or more, allow a reduction in the amount of the bond of such wercker, if the business of such wrecker has been conducted satisfactorily for the preceding 5 years, but no bond shall be in an amount less than $1,000.
2. The bond may be continuous in form and the total aggregate liability on the bond shall be limited to the payment of the total amount of the bond.
κ1963 Statutes of Nevada, Page 839 (CHAPTER 382, AB 285)κ
3. The bond shall provide that any person injured by the action of the automobile wrecker in violation of any of the provisions of sections 3 to 13, inclusive, of this act may bring an action on the bond.
Sec. 4. The department may approve or reject the application and, if approved, shall issue to the applicant a license containing the applicants name, address, the name under which the business is to be conducted, the business address, and a distinguishing number assigned to the applicant.
Sec. 5. The fee for an automobile wreckers license shall be $25 annually.
Sec. 6. Any licensed automobile wrecker owning or controlling any vehicle of a type required to be registered under the laws of this state may operate or move such vehicle upon the highways without subjecting the vehicle to registration if such operation or movement is for the sole purpose of moving the vehicle from its location to the established place of business of the licensee.
Sec. 7. Any automobile wrecker purchasing any vehicle subject to registration under the laws of this state shall forward to the department the certificates of ownership and registration last issued therefor. The department may issue without charge to the licensee a certificate of dismantling, containing a brief description of the vehicle, including, insofar as data may exist with respect to the vehicle, the make, type, serial number and motor number, or any other number of the vehicle.
Sec. 8. 1. Whenever a vehicle subject to registration is sold as salvage as a result of a total loss insurance settlement, the insurance company or its authorized agent shall, within 10 days from settlement of the loss with its insured, forward the endorsed ownership certificate or other evidence of title to the department.
2. Upon sale of the salvage vehicle the insurance company shall issue a bill of sale to the purchaser on a form to be prescribed and supplied by the department. The department shall accept such bill of sale in lieu of the ownership certificate or other evidence of title when accompanied by an appropriate application or other documents and fees.
3. When the salvage vehicle is rebuilt and to be restored to operation, the vehicle shall not be licensed for operation or the ownership thereof transferred until there is submitted to the department with the prescribed bill of sale an appropriate application, other documents and fees required, and a certificate of inspection signed by an employee of the department attesting to its mechanical fitness and safety.
4. When a total loss insurance settlement between the insurance company and its insured results in the retention of the salvage vehicle by the insured, the insurance company or its authorized agent shall, within 10 days from the date of settlement, notify the department of such retention by its insured upon a form to be prescribed and supplied by the department.
Sec. 9. 1. If the applicant for a certificate of dismantling is unable to furnish the certificates of ownership and registration last issued for the vehicle, the department may receive the application, examine into the circumstances of the case and may require the filing of suitable affidavits or other information or documents.
κ1963 Statutes of Nevada, Page 840 (CHAPTER 382, AB 285)κ
the circumstances of the case and may require the filing of suitable affidavits or other information or documents. If satisfied that the applicant is entitled to a certificate of dismantling, the department may issue the certificate.
2. No duplicate certificate of ownership or registration shall be issued when a certificate of dismantling is applied for, and no fees shall be required for the affidavits or any stolen, lost or damaged certificate, or duplicates thereof, unless the vehicle is subsequently registered.
Sec. 10. If any person acquires a vehicle as transferee for the purpose of dismantling or wrecking the same, the title to the vehicle shall be transferred to the person without payment of any fee upon application for the issuance of a certificate of dismantling.
Sec. 11. 1. Except as provided in subsection 2, no licensed automobile wrecker shall be permitted to conduct a used car business in conjunction with his automobile wrecking business. Any automobile wrecker who wishes to engage in a used car business shall obtain a separate license therefor and conduct such business at a different established place of business than that of his automobile wrecking business.
2. Any automobile wrecker who was licensed as a used car dealer on April 5, 1963, may continue to conduct a used car business after obtaining an automobile wreckers license without renewing his used car dealers license. The department shall continue to supply dealers report of sale forms to such automobile wreckers. Upon the sale of any operable vehicle by the wrecker, he shall deliver to the purchaser a dealers report of sale and immediately return to the department the certificate of dismantling issued by the department. Upon receipt of such documents, the department shall issue a certificate of ownership to the purchaser.
Sec. 12. No vehicle for which a certificate of dismantling has been issued may subsequently be registered until it has been inspected by the department and found to be in a safe mechanical condition and equipped with safety glass.
Sec. 13. 1. The department, after notice and hearing, may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker is not lawfully entitled thereto, or has made, or knowingly or negligently permitted, any illegal use of such license, or has committed fraud in the registration of vehicles, or has failed to return a certificate of dismantling to the department when and as required of him by sections 2 to 16, inclusive, of this act, or has failed to surrender to the department certificates of ownership and registration last issued for vehicles before beginning to dismantle or wreck the vehicles.
2. The department may, pending a hearing, temporarily suspend or refuse to renew the license issued to an automobile wrecker for a period not to exceed 30 days, if the department finds that such action is required in the public interest.
κ1963 Statutes of Nevada, Page 841 (CHAPTER 382, AB 285)κ
3. The department may suspend, revoke or refuse to renew the license issued to an automobile wrecker for any determined period of time or permanently, if the department finds that such action is required in the public interest.
4. The applicant or licensee may, within 30 days after receipt of the notice of temporary denial or suspension, or within 60 days after receipt of the notice of absolute denial or revocation, petition the department in writing for a hearing.
5. Hearings under this section and appeals therefrom shall be conducted in the manner prescribed in NRS 482.353 and 482.354.
Sec. 14. Any licensed automobile wrecker desiring to dismantle or wreck any vehicle shall maintain a record of all vehicles dismantled or wrecked, which shall contain the name and address of the person from whom the vehicle was purchased or acquired and the date thereof, the registration number last assigned to the vehicle and a brief description of the vehicle, including, insofar as the date may exist with respect to a given vehicle, the make, type, serial number and motor number, or any other number of the vehicle. The record shall be open to inspection during business hours by any peace officer or investigator of the department.
Sec. 15. It shall be prima facie evidence that a vehicle in a dismantled condition has been dismantled by the person having possession thereof.
Sec. 16. The provisions of sections 2 to 15, inclusive, of this act do not apply to work or service vehicles owned by an automobile wrecker.
Sec. 17. Any person who violates any of the provisions of sections 2 to 16, inclusive, of this act is guilty of a misdemeanor.
________
κ1963 Statutes of Nevada, Page 842κ
Assembly Bill No. 207Committee on Roads, Transportation and Aviation
CHAPTER 383
AN ACT to amend chapter 483 of NRS, relating to operators and chauffeurs licenses and driving schools and driving instructors, by adding a new section authorizing the director of the department of motor vehicles to appoint a medical board to assist the department in determining the physical or mental ability of a person to operate a motor vehicle; to amend NRS sections 483.290, 483.330, 483.340, 483.370, 483.380, 483.410, 483.470, 483.500, 483.530, 483.550, 483.710, 483.720, 486.040, 486.070 and 486.080, relating to applications for operators licenses, examination of applicants, form and content of licenses, duplicate licenses, expiration and renewal of licenses, amounts, payment and disposition of license fees, suspension of licenses, surrender and return of licenses, unlawful use of licenses, driving without a valid license, requirements for driver training school operators and instructors, power cycle operators licenses for minors, and form and expiration of power cycle operators licenses, by requiring certain minor applicants for operators licenses to furnish proof of their age; by making it permissive for the department of motor vehicles to examine applicants for operators licenses in the county of their residence; by eliminating the requirements of a chauffeurs badge and a provisional license for minors; by providing a penalty upon renewal of certain expired operators licenses; by authorizing the department of motor vehicles to establish a demerit system for traffic violations and to suspend the license of persons convicted of certain misdemeanors; by altering the penalty for operating a motor vehicle without a license; by adding requirements for driver training school operators and instructors; by prescribing the form of applications of minors for power cycle operators licenses; by increasing the fee for operators licenses and extending the date of expiration of such licenses; by providing exceptions; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 483 of NRS is hereby amended by adding thereto a new section which shall read as follows:
When the director of the department considers it necessary to obtain assistance for the department in determining the physical or mental ability of a person to operate a motor vehicle, the director, assisted by the state health officer, may appoint a medical board consisting of three members to render such assistance.
Sec. 2. NRS 483.290 is hereby amended to read as follows:
483.290 1. Every application for an instruction permit or for an operators or chauffeurs license shall be made upon a form furnished by the department and shall be verified by the applicant before a person authorized to administer oaths. Officers and employees of the department are hereby authorized to administer such oaths without charge.
2. Every application shall be accompanied by the required fee.
3. Every application shall state the full name, date of birth, sex, and residence address of the applicant and briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as an operator or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation or refusal.
κ1963 Statutes of Nevada, Page 843 (CHAPTER 383, AB 207)κ
and, if so, the date of and reason for such suspension, revocation or refusal.
4. Every applicant between the ages of 14 and 21 years shall furnish proof of his age by displaying a birth certificate, baptismal certificate or other proof acceptable to the department.
Sec. 3. 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] may 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. 4. NRS 483.340 is hereby amended to read as follows:
483.340 [1.] The department shall (upon payment of the required fees) issue to every applicant qualifying therefor an operators or chauffeurs license as applied for, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, residence address, and a brief description of the licensee, and a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license shall be valid until it has been so signed by the licensee.
[2. Every chauffeurs license may bear thereon a photograph of the licensee, which shall be furnished by him, and the department may issue with every chauffeurs license a chauffeurs badge with a plainly readable distinguishing number assigned to the licensee stamped thereon. Every chauffeur shall display such chauffeurs badge in plain sight upon the band of his cap or upon the lapel of his outer coat while operating a motor vehicle as a public or common carrier of persons or property.
3. Whenever the department issues an original license to a person under the age of 21 years, such license shall be designated and clearly marked as a provisional license. Upon renewal, as applicable to operators licenses, the department may for reasonable cause as shown by its records designate the renewal of the license as provisional, otherwise a license in usual form shall be issued subject to other provisions of NRS 483.010 to 483.630, inclusive.]
Sec. 5. NRS 483.370 is hereby amended to read as follows:
483.370 In the event that an instruction permit or operators or chauffeurs license [or chauffeurs badge] issued under the provisions of NRS 483.010 to 483.630, inclusive, is lost or destroyed, the person to whom the same was issued may (upon payment of the required fee) obtain a duplicate, or substitute thereof, upon furnishing proof satisfactory to the department that such permit [,] or license [or badge] has been lost or destroyed.
κ1963 Statutes of Nevada, Page 844 (CHAPTER 383, AB 207)κ
of NRS 483.010 to 483.630, inclusive, is lost or destroyed, the person to whom the same was issued may (upon payment of the required fee) obtain a duplicate, or substitute thereof, upon furnishing proof satisfactory to the department that such permit [,] or license [or badge] has been lost or destroyed.
Sec. 6. NRS 483.380 is hereby amended to read as follows:
483.380 1. Every operators and chauffeurs license shall expire on the [second] fifth anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance [.] , except that any such license issued on or after the 65th birthday of the applicant shall expire on the second anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance. Any applicant whose date of birth was on February 29 in a leap year shall, for the purposes of NRS 483.010 to 483.630, inclusive, be considered to have the anniversary of his birth fall on February 28. Every such license shall be renewable on or during a 90-day period before its expiration upon application and payment of the required fee, and, except as provided in subsection 3, each applicant for renewal shall appear before a drivers license examiner and submit to an eye test. If the administrator or his duly authorized agent has reason to believe that the licensee is no longer qualified to receive a license because of his physical condition, the department may require that the application submit to an examination pursuant to the provisions of NRS 483.330. All persons whose licenses have expired must take the regular examinations as set forth in NRS 483.330 [. Any license renewed after expiration shall be valid only for the balance of the 24 months to which the licensee would have been entitled had he renewed the license prior to expiration.] , and all persons whose licenses have expired for a period of 30 days or more shall pay to the department the penalty provided in NRS 483.410 in addition to the cost of renewing the license.
2. Operators or chauffeurs licenses or renewal licenses for the operation of motor vehicles within the State of Nevada, held by any person who is in the military services of the United States during time of war or national emergency, shall be extended by the department to the termination of such service.
3. The department may provide by regulation for the acceptance of a report from an ophthalmologist or optometrist in lieu of an eye test by a drivers license examiner in any case in which the applicant is unable to appear in person during the required time because of absence from the state or other good cause.
Sec. 7. NRS 483.410 is hereby amended to read as follows:
483.410 1. For every license issued the following fees shall be charged:
Operators license........................................................................................... [$2] $3
Chauffeurs license........................................................................................... [4] 5
2. For every reinstatement or duplication of a license or change of name or address the following fees shall be charged:
κ1963 Statutes of Nevada, Page 845 (CHAPTER 383, AB 207)κ
Reinstatement of license after suspension, revocation or cancellation........ $5
Duplicate license.................................................................................................... 1
Change of name...................................................................................................... 1
Change of address................................................................................................. 1
3. A penalty of $5 shall be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.380.
4. All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.
[4.] 5. All money collected by the administrator shall be deposited at least once a month with the state treasurer, who shall deposit the money to the credit of the state highway fund.
Sec. 8. NRS 483.470 is hereby amended to read as follows:
483.470 1. The department is hereby authorized to suspend the license of an operator or chauffeur without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction;
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Is an habitual violator of the traffic laws;
(e) Is physically or mentally incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of such license; or
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation.
2. As used in this section, traffic violation means conviction on a charge involving a moving traffic violation in any municipal court, justices court or district court in the State of Nevada.
3. The department shall establish a uniform system of demerit points for various traffic violations occurring within the State of Nevada affecting any holder of an operators or chauffeurs license issued by the department.
4. Such system shall be a running system of demerits covering a period of 12 months next preceding any date on which a licensee may be called before the department to show cause as to why his operators or chauffeurs license should not be suspended.
5. Such system shall be uniform in its operation and the department shall set up a system of demerits for each traffic violation coming under this section, depending upon the gravity of such violation, on a scale of two demerit points for a minor violation of any traffic law to eight demerit points for an extremely serious violation of the law governing traffic violations.
6. When any operator or chauffeur has accumulated 12 demerit points the department shall suspend the license of such operator or chauffeur until the total of his demerits has dropped below 12 demerits in the next preceding 12 months.
κ1963 Statutes of Nevada, Page 846 (CHAPTER 383, AB 207)κ
7. The director of the department of motor vehicles is hereby empowered to set up a scale of demerit values for each traffic violation.
8. Upon suspending the license of any person as authorized in subsection 1, the department shall immediately notify the licensee in writing, and upon his request shall afford him an opportunity for a hearing as early as practical within not to exceed 20 days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the administrator, or his duly authorized agent, may administer oaths and may issue subpenas for the attendance of witnesses and the production of relevant books and papers, and may require a reexamination of the licensee. Upon such hearing the department shall either rescind its order of suspension or, good cause appearing therefor, may extend the suspension of such license or revoke such license.
Sec. 9. NRS 483.500 is hereby amended to read as follows:
483.500 The department upon suspending or revoking a license shall require that such license [and the badge of a chauffeur whose license is suspended or revoked] shall be surrendered to and be retained by the department, except that at the end of the period of suspension such license [and any chauffeurs badge] so surrendered shall be returned to the licensee.
Sec. 10. NRS 483.530 is hereby amended to read as follows:
483.530 1. It is a misdemeanor for any person:
[1.] (a) To display or cause or permit to be displayed or have in his possession any [expired,] canceled, revoked, suspended, fictitious or fraudulently altered operators or chauffeurs license or any license issued under any prior laws;
[2.] (b) To lend his operators or chauffeurs license [or badge] to any other person or knowingly permit the use thereof by another;
[3.] (c) To display or represent as ones own any operators or chauffeurs license not issued to him;
[4.] (d) To fail or refuse to surrender to the department upon its lawful demand any operators or chauffeurs license which has been suspended, revoked or canceled;
[5.] (e) To use a false or fictitious name in any application for an operators or chauffeurs license or knowingly to make a false statement or knowingly to conceal a material fact or otherwise commit a fraud in any such application;
[6.] (f) To permit any unlawful use of an operators or chauffeurs license issued to him; or
[7.] (g) To do any act forbidden, or fail to perform any act required, by NRS 483.010 to 483.630, inclusive.
2. The department shall suspend for 1 year the license of a person convicted of any of the misdemeanors enumerated in subsection 1.
Sec. 11. NRS 483.550 is hereby amended to read as follows:
483.550 1. It is unlawful for any person to operate a motor vehicle upon a public street or highway in this state without being the holder of a valid operators or chauffeurs license.
κ1963 Statutes of Nevada, Page 847 (CHAPTER 383, AB 207)κ
2. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine [in a sum to be fixed by the court not to exceed $100.] of not less than $10 or more than $100. The court shall require the person convicted to obtain a valid operators license or chauffeurs license or produce a notice of disqualification from the department.
Sec. 12. NRS 483.710 is hereby amended to read as follows:
483.710 1. An applicant for a license to operate a driver training school shall:
(a) Be of good moral character.
(b) Maintain an established place of business open to the public which is not within 200 feet of any building used by the department of motor vehicles as an office.
(c) Have the equipment necessary to give proper instruction in the operation of motor vehicles.
(d) Be 21 years of age or older.
2. If the person applying for a license to operate a driver training school is the sole inspector, he shall: [hold a general secondary credential or a special secondary credential in public safety, including driver education and driver training.]
(a) Hold an instructors certificate issued by the department; and
(b) Show proof that he has studied for at least 40 hours in the field of driving instruction, or that he has taken a training course offered to the public for instructing drivers instructors which is acceptable to the director of the department.
Sec. 13. NRS 483.720 is hereby amended to read as follows:
483.720 An applicant for a license as an instructor for a driver training school shall:
1. Be of good moral character;
2. Pass such examination as the department of motor vehicles may require on traffic laws, safe driving practices and operation of motor vehicles;
3. Be physically able to operate a motor vehicle safely and train others in the operation of motor vehicles;
4. Hold a valid Nevada drivers license; [and]
5. Be 21 years of age or older [.] ;
6. Hold an instructors certificate issued by the department; and
7. Show proof that he has studied for at least 40 hours in the field of driving instruction, or that he has taken a training course offered to the public for instructing drivers instructors which is acceptable to the director of the department.
Sec. 14. NRS 486.040 is hereby amended to read as follows:
486.040 1. A minor person, 14 years of age or over, may apply for a license to operate a power cycle, providing that the application is signed and verified by a parent or guardian of the minor person [.] and meets the requirements of NRS 483.290.
2. Any negligence or willful misconduct of a minor person 14 years of age or over, when operating a power cycle, shall be imputed to the person who signed the application of such minor for a license, which person shall be jointly and severally liable with such minor person for any damages caused by such negligence or willful misconduct.
κ1963 Statutes of Nevada, Page 848 (CHAPTER 383, AB 207)κ
which person shall be jointly and severally liable with such minor person for any damages caused by such negligence or willful misconduct.
Sec. 15. NRS 486.070 is hereby amended to read as follows:
486.070 1. The drivers license division of the department of motor vehicles shall issue to every applicant qualifying therefor an operators license for a power cycle.
2. The operators license shall bear thereon:
(a) A number assigned to the licensee.
(b) His full name.
(c) His date of birth.
(d) His residence address.
(e) A brief description of the licensee.
(f) A space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license.
3. The charge for any license issued under the provisions of this chapter shall be [$1.] $3.
Sec. 16. NRS 486.080 is hereby amended to read as follows:
486.080 Every license issued under this chapter shall expire [June 30 of every odd-numbered year,] on the second anniversary of the date of birth of the applicant occurring after June 30 next following the date of its issuance, unless sooner revoked or suspended for cause.
________
κ1963 Statutes of Nevada, Page 849κ
Senate Bill No. 174Senator Dial
CHAPTER 384
AN ACT relating to insurance; to amend chapter 681 of NRS, relating to classification of insurance businesses, by adding a new section creating a separate classification for health and accident insurance; to amend NRS sections 681.010 to 681.050, inclusive, 682.040, 682.160, 682.170, 682.250, 682.560, 683.010, 683.070, 684.070, 684.260, 684.350, 686.020, 691.010 to 691.030, inclusive, 691.070, 692.010, 692.130, 693.010, 693.030 to 693.050, inclusive, 693.100 and 693.110, relating to classification of insurance business, authorized kinds of insurance business, minimum capital and surplus requirements of domestic insurance companies, original surplus and applications of mutual insurance companies, legal reserves of life insurance companies, kinds of reinsurance reserves requiring approval by the commissioner of insurance, qualifications and conditions for foreign insurance companies, renewal of licenses, written examinations and qualifications for agents and solicitors, countersignature on policies, fees and charges for insurance companies and agents, unearned premium reserve for policies in force, loss reserves, optional appraisal clauses, supplemental or comprehensive contracts, the definition of accident and sickness insurance, unearned premium reserves, loss reserves, loss reserves on business other than compensation or liability insurance, corporate bonds to satisfy legal reserves, and joint control of assets, by providing for a separate classification for health and accident insurance by prospectively increasing the capital and surplus requirements of domestic insurance companies; by making renewal of licenses of alien companies dependent upon maintaining minimum required capital and surplus; by providing that certain policies of insurance on property or business activities or interests located within the state shall be countersigned by a resident agent licensed to represent the insurer; authorizing a licensed agent to countersign on behalf of two or more insurers; and providing other matters properly relating thereto.
[Approved April 19, 1963]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 681 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Class 2 is:
Accident and health. Insurance against bodily injury, disablement or death by accident and against disablement resulting from sickness and every insurance appertaining thereto.
Sec. 2. NRS 681.010 is hereby amended to read as follows:
681.010 Insurance and insurance business shall be classified as follows:
[1. Class 1: Life, accident and health.
2. Class 2: Casualty, fidelity and surety.
3. Class 3: Fire and marine.] 1. Class 1: Life.
2. Class 2: Accident and health.
3. Class 3: Casualty, fidelity and surety.
4. Class 4: Fire and marine.
Sec. 3. NRS 681.020 is hereby amended to read as follows:
681.020 Class 1 is:
[1.] Life. Insurance on the lives of persons, and every insurance appertaining thereto or connected therewith and granting, purchasing or disposing of annuities. Policies of life or endowment insurance or annuity contracts, or contracts supplemental thereto, which contain provisions for additional benefits in case of death by accidental means, and provisions operating to safeguard such policies or contracts against lapse, or to give a special surrender value, or special benefit or an annuity, in the event that the insured or annuitant shall become totally and permanently disabled as defined by the policy or contract, shall be deemed to be policies of life or endowment insurance, or annuity contracts within the intent of this subsection.
κ1963 Statutes of Nevada, Page 850 (CHAPTER 384, SB 174)κ
annuity contracts, or contracts supplemental thereto, which contain provisions for additional benefits in case of death by accidental means, and provisions operating to safeguard such policies or contracts against lapse, or to give a special surrender value, or special benefit or an annuity, in the event that the insured or annuitant shall become totally and permanently disabled as defined by the policy or contract, shall be deemed to be policies of life or endowment insurance, or annuity contracts within the intent of this subsection.
[2. Accident and health. Insurance against bodily injury, disablement or death by accident and against disablement resulting from sickness and every insurance appertaining thereto.]
Sec. 4. NRS 681.030 is hereby amended to read as follows:
681.030 Class [2] 3 is:
1. [Accident and health. Insurance against bodily injury, disablement or death by accident and against disablement resulting from sickness and every insurance appertaining thereto.
2.] Motor vehicle and aircraft insurance. Insurance against loss of or damage resulting from any cause to motor vehicles or aircraft and their equipment, and against legal liability of the insured for loss or damage to the property of another resulting from the ownership, maintenance or use of motor vehicles or aircraft, and against loss, damage or expense incident to a claim of such liability.
[3.] 2. Liability. Insurance against the liability of the insured for the death, injury or disability of an employee or other person, and insurance against the liability of the insured for damage to or destruction of another persons property.
[4.] 3. Burglary and theft.
(a) Insurance against loss of or damage to any property resulting from burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation or wrongful conversion, disposal or concealment by any person or persons, or from any attempt at any of the foregoing; and
(b) Insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances, or any other valuable papers or documents, resulting from any cause, except while in the custody or possession of and being transported by any carrier for hire or in the mail; and
(c) Insurance of individuals by means of an all-risk type of policy commonly known as the personal property floater against any kind and all kinds of loss of or damage to, or loss of use of, any personal property other than merchandise.
[5.] 4. Glass. Insurance against loss of or damage to glass and its appurtenances resulting from any cause.
[6.] 5. Fidelity and surety.
(a) Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust.
(b) Insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, undertakings and contracts of suretyship.
(c) Insurance indemnifying banks, bankers, brokers, financial or moneyed corporations or associations against loss, resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts or other valuable papers, documents, money, precious metals and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation; also insurance against loss or damage to such an insureds premises or to his furniture, furnishings, fixtures, equipment, safes, and vaults therein, caused by burglary, robbery, theft, vandalism or malicious mischief, or any attempt thereat.
κ1963 Statutes of Nevada, Page 851 (CHAPTER 384, SB 174)κ
moneyed corporations or associations against loss, resulting from any cause, of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts or other valuable papers, documents, money, precious metals and articles made therefrom, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles, or by messenger, but not including any other risks of transportation or navigation; also insurance against loss or damage to such an insureds premises or to his furniture, furnishings, fixtures, equipment, safes, and vaults therein, caused by burglary, robbery, theft, vandalism or malicious mischief, or any attempt thereat.
[7.] 6. Miscellaneous.
(a) Insurance against loss or damage to property and any liability of the insured caused by accidents to boilers, pipes, pressure containers, machinery, and apparatus of any kind and any apparatus connected thereto, or used for creating, transmitting or applying power, light, heat, steam or refrigeration, making inspection of and issuing certificates of inspection upon elevators, boilers, machinery and apparatus of any kind and all mechanical apparatus and appliances appertaining thereto.
(b) Insurance against loss or damage by water entering through leaks or openings in buildings, or from the breakage or leakage of a sprinkler, pumps, water pipes, plumbing, and all tanks, apparatus, conduits, and containers designed to bring water into buildings or for its storage or utilization therein, or caused by the falling of a tank, tank platform, or supports, or against loss or damage from any cause (other than causes specifically enumerated under class [3)] 4) to such sprinkler, pumps, water pipes, plumbing, tanks, apparatus, conduits, or containers.
(c) Insurance against loss or damage which may result from the failure of debtors to pay their obligations to the insured and insurance of the payment of money for personal services under contracts of hiring.
[8.] 7. Other casualty risks. Insurance against any other casualty risk not otherwise specified under classes 1 [or 3,] , 2 or 4, which may lawfully be the subject of insurance and may properly be classified under class [2.] 3.
[9.] 8. Contingent losses. Contingent, consequential and indirect coverages wherein the proximate cause of the loss is attributable to any one of the causes enumerated under class [2.] 3. Such coverages shall, for the purpose of classification, be included in the specific grouping of the kinds of insurance wherein such cause is specified.
[10.] 9. Workmens compensation and employers liability insurance. Insurance against the legal liability, whether imposed by common law or by statute or assumed by contract, of any employer for the death or disablement of, or injury to, his or its employee.
Sec. 5. NRS 681.040 is hereby amended to read as follows:
681.040 Class [3] 4 is:
1. Fire. Insurance against loss or damage by fire, smoke and smudge, lightning or other similar disturbances.
κ1963 Statutes of Nevada, Page 852 (CHAPTER 384, SB 174)κ
2. Elements. Insurance against loss or damage by earthquake, windstorm, cyclone, tornado, tempests, hail, frost, snow, ice, sleet, flood, rain, drought, or other weather or climatic conditions including excess or deficiency of moisture, rising of the waters of the ocean or its tributaries.
3. War, riot and explosion. Insurance against loss or damage by bombardment, invasion, insurrection, riot, strikes, civil war or commotion, military or usurped power, or explosion.
4. Marine and transportation. Insurance against loss or damage to vessels, craft, aircraft, vehicles of every kind (excluding vehicles operating under their own power or while in storage not incidental to transportation), as well as all goods, freight, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry, and respondentia interests and all other kinds of property and interests therein, in respect to, appertaining to or in connection with any or all risks or perils of navigation, transit, or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting the same or during any delays, storage, transshipment, or reshipment incident thereto, including marine builders risks and all personal property floater risks; and for loss or damage to persons or property in connection with or appertaining to marine, inland marine, transit or transportation insurance, including liability for loss of or damage to either arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of such insurance (but not including life insurance or surety bonds); but, except as herein specified, shall not mean insurance against loss by reason of bodily injury to the person; and insurance against loss or damage to precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether the same be in course of transportation or otherwise, which shall include jewelers block insurance; and insurance against loss or damage to bridges, tunnels, and other instrumentalities of transportation and communication (excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage) unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion are the only hazards to be covered; and to piers, wharves, docks, and slips, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot and civil commotion; and to other aids to navigation and transportation, including drydocks and marine railways, against all risk.
5. Vehicle. Insurance against loss or liability resulting from or incident to the ownership, maintenance or use of any vehicle (motor or otherwise), draft animal, or aircraft, excluding the liability of the insured for the death, injury or disability of another person.
6. Property damage, sprinkler leakage, and crop.
(a) Insurance against the liability of the insured for loss or damage to another persons property or property interests from any cause enumerated in this class.
κ1963 Statutes of Nevada, Page 853 (CHAPTER 384, SB 174)κ
to another persons property or property interests from any cause enumerated in this class.
(b) Insurance against loss or damage by water entering through leaks or openings in buildings, or from the breakage or leakage of a sprinkler, pumps, water pipes, plumbing and all tanks, apparatus, conduits and containers designed to bring water into buildings or for its storage or utilization therein, or caused by the falling of a tank, tank platform or supports or against loss or damage from any cause to such sprinklers, pumps, water pipes, plumbing, tanks, apparatus, conduits, or containers.
(c) Insurance against loss or damage from insects, diseases or other causes to trees, crops or other products of the soil.
7. Other fire and marine risks. Insurance against any other property risk not otherwise specified under classes 1 [or 2,] , 2 or 3, which may lawfully be the subject of insurance and may properly be classified under class [3.] 4.
8. Contingent losses. Contingent, consequential and indirect coverages wherein the proximate cause of the loss is attributable to any of the causes enumerated under class [3.] 4. Such coverages shall, for the purposes of classification, be included in the specific grouping of the kinds of insurance wherein such cause is specified.
Sec. 6. NRS 681.050 is hereby amended to read as follows:
681.050 1. All companies now or hereafter authorized to transact business in this state shall be classified according to their functions into [three] four classes corresponding to the classes of insurance enumerated in NRS 681.010.
2. No company authorized or seeking to be authorized to transact life insurance, or life insurance and accident and health insurance, shall be authorized to transact any kind or kinds of business other than those enumerated in its respective class [,] or classes, except as otherwise specifically provided in this Title; but any foreign insurance company which has been licensed to do the business of life insurance in this state prior to March 31, 1941, may continue to be licensed, in the discretion of the commissioner, to do the kind or kinds of insurance business which it was authorized to do immediately prior to March 31, 1941.
3. A company not authorized nor seeking to be authorized to transact life insurance may be authorized to transact any or all of the kinds of business enumerated under classes 2 [and 3.] , 3 and 4.
4. All insurance in this state is governed by the provisions of this Title.
Sec. 7. NRS 682.040 is hereby amended to read as follows:
682.040 Companies may be organized under NRS 682.010 to 682.290, inclusive, either for the purpose of transacting any of the kind or kinds of business enumerated in class 1 or class 2 or class 1 and class 2 described in NRS 681.020 [,] and section 1 of this act, or for the purpose of transacting any of the kind or kinds of business enumerated in classes 2 [or 3] , 3 or 4 described in NRS 681.030 [or 681.040.] , 681.040 and section 1 of this act.
κ1963 Statutes of Nevada, Page 854 (CHAPTER 384, SB 174)κ
Sec. 8. NRS 682.160 is hereby amended to read as follows:
682.160 1. A stock company organized under NRS 682.010 to 682.290, inclusive, shall have and at all times maintain a paid-up capital of the amount set forth in its articles of incorporation, which amount shall not be less than the minimum capital requirement applicable to the class or classes and clause or clauses of chapter 681 of NRS describing the kind or kinds of insurance which it is authorized to write, as set forth in the following table:
[Life, Accident and Health
Class 1 (subsection 1 or subsection 2 of NRS 681.020)..................... $100,000
Class 1 (subsection 1 and subsection 2 of NRS 681.020).................. 200,000
Casualty, Fidelity and Surety
Class 2, any one clause........................................................................... 100,000
Class 2, two or more clauses.................................................................. 200,000
Fire and Marine
Class 3, any one clause........................................................................... 100,000
Class 3, two or more clauses.................................................................. 200,000
Multiple Line
Classes 2 and 3......................................................................................... 300,000]
Life
Class 1....................................................................................................... 200,000
Accident and Health
Class 2....................................................................................................... 200,000
Casualty, Fidelity and Surety
Class 3, any one clause.......................................................................... 200,000
Class 3, two or more clauses................................................................. 300,000
Class 3, to write fidelity and surety, including bail bonds............. 500,000
Fire and Marine
Class 4, any one clause.......................................................................... 200,000
Class 4, two or more clauses................................................................. 300,000
Multiple Line
Classes 3 and 4, or 2, 3 and 4............................................................... 400,000
Life, Accident and Health
Classes 1 and 2........................................................................................ 300,000
2. A company, in addition to the minimum capital required by subsection 1, shall have at the time of the issuance to it of a license, and [each class 2 and class 3 company shall have, at the time of the renewal of its license,] the renewal thereof, a paid-in unassigned surplus of not less than 50 percent of its required minimum capital.
κ1963 Statutes of Nevada, Page 855 (CHAPTER 384, SB 174)κ
and [each class 2 and class 3 company shall have, at the time of the renewal of its license,] the renewal thereof, a paid-in unassigned surplus of not less than 50 percent of its required minimum capital.
3. Nothing in this section shall be construed to require any company licensed to do business in Nevada on July 1, 1963, to increase its capital or surplus.
Sec. 9. NRS 682.170 is hereby amended to read as follows:
682.170 1. No mutual company organized under NRS 682.010 to 682.290, inclusive, shall receive a license from the commissioner to issue policies or contracts of insurance until it has complied with the following requirements in respect to original surplus and applications for insurance applicable to the class and clause or clauses of chapter 681 of NRS, describing the kind or kinds of insurance it is organized to write, as set forth in the following table:
[Life, Accident and Health
Class 1 (subsection 1 or subsection 2 or subsections 1 and 2 of NRS 681.020), bona fide applications, upon which there shall have been paid in cash by each applicant at least one-half of the annual premium on the policy applied for, of at least 250 members, who are residents of this state, for a death benefit for each member of not less than $1,000, if life insurance, or for an accident and health benefit of not less than $10 per week, if accident and health insurance, and a surplus of $100,000.
Casualty, Fidelity and Surety
Class 2 (subsection 1 of NRS 681.030), bona fide applications, upon which there shall have been paid in cash by each applicant at least one-half of the annual premium on the policy applied for, from at least 250 members, who are residents of this state, and a surplus of $50,000.
Class 2, any other one clause, bona fide applications from at least 40 members, who are residents of this state, for the insurance of at least 400 risks, upon which there shall have been paid in cash by each applicant at least one-half the annual premium on the policy applied for, and a surplus of $100,000.
Class 2, two or more clauses, bona fide applications for insurance from at least 40 members, who are residents of this state, for the insurance of at least 400 risks, upon which there shall have been paid in cash by each applicant at least one-half the annual premium on the policy applied for, and a surplus of $200,000.
Fire and Marine
Class 3, any or all clauses, bona fide applications for insurance from at least 40 members, who are residents of this state, for the insurance of at least 250 separate risks, upon which there shall have been paid not less than one-half the annual premium in cash on the policy applied for, and a surplus of $100,000.]
κ1963 Statutes of Nevada, Page 856 (CHAPTER 384, SB 174)κ
Life
Class 1 bona fide applications, upon which there shall have been paid in cash by each applicant at least one-half of the annual premium on the policy applied for, of at least 250 members, who are residents of this state, for a death benefit for each applicant of not less than $1,000 and a surplus of $200,000.
Accident and Health
Class 2 bona fide applications, upon which there shall have been paid in cash by each applicant at least one-half of the annual premium on the policy applied for, of at least 250 members, who are residents of this state, for a benefit of not less than $50 per week and a surplus of $200,000.
Life, Accident and Health
Class 1 and 2 applications equal to or greater than either of the required number called for above and a surplus of $300,000.
Casualty, Fidelity and Surety
Class 3, any one clause, except the issuance of bail bonds, bona fide applications for insurance from at least 250 members, who are residents of this state, for the insurance of at least 500 risks, upon which there shall have been paid in cash by each applicant at least one-half the annual premium on the policy applied for, and a surplus of $200,000.
Class 3, any two clauses, except the issuance of bail bonds, the same number of applicants, risks and payments as for one clause and a surplus of $300,000.
Fire and Marine
Class 4, any or all clauses, bona fide applications from at least 250 members, who are residents of this state, for the insurance of at least 250 separate risks, upon which there shall have been paid not less than one-half the annual premium in cash on the policy applied for and a surplus of $200,000.
2. In lieu of the requirements of applications for insurance and surplus provided in subsection 1, a mutual company may be organized by providing a surplus equal to the capital and surplus of a stock company.
Sec. 10. NRS 682.250 is hereby amended to read as follows:
682.250 Any company organized under NRS 682.010 to 682.290, inclusive, and authorized to write any of the kind or kinds of insurance prescribed in [subsection 1 of] NRS 681.020 shall maintain a reserve for each policy outstanding as specified in chapter 690 of NRS.
Sec. 11. NRS 682.560 is hereby amended to read as follows:
682.560 The following kinds of reinsurance agreements shall not be entered into by any domestic company unless such agreements are approved in writing by the commissioner:
κ1963 Statutes of Nevada, Page 857 (CHAPTER 384, SB 174)κ
1. Agreements of reinsurance of any such company transacting the kind or kinds of business enumerated in class 1 as described in NRS 681.020 other than agreements made in the ordinary course of business covering the reinsurance of individual lives under reinsurance agreements relating to current business.
2. Any such agreement or agreements of reinsurance whereby any company transacting the kind or kinds of business enumerated in either class 2 [or class 3] , 3 or 4 as described in section 1 of this act, and NRS 681.030 and 681.040 cedes any outstanding risks to a company not authorized to transact business in this state, or cedes to any company or companies at one time or during a period of 6 consecutive months more than 20 percent of the total amount of its outstanding risks, not including in either case in such outstanding risks those ceded by agreements made in the ordinary course of business covering the reinsurance of individual risks under reinsurance agreements relating to current business.
Sec. 12. NRS 683.010 is hereby amended to read as follows:
683.010 1. Upon complying with the provisions of this chapter, a foreign or alien company domiciled in any other state shall be permitted to enter this state; provided:
(a) That the qualifications for its admittance to do business in this state shall be equal to the present existing capital and surplus qualifications or the present existing capital or surplus qualifications, if any, for a similar company entering the state in which such company is domiciled.
(b) That the capital and surplus requirements or the capital or surplus requirements of such company desiring to enter this state shall be at least equal to the capital and surplus requirements or the capital or surplus requirements, if any, for similarly organized domestic companies under this Title.
(c) That any such company authorized to write insurance classified under this Title as class [1 (subsection 2 of NRS 681.020) or class 2 (subsection 1 of NRS 681.030)] 2 on an assessment basis may be permitted to enter this state if it meets the following qualifications:
(1) Is authorized to operate on an assessment basis under the laws of the state of organization.
(2) Has been writing such insurance on this basis under the laws of the state of organization for a period of 15 years.
(3) Has and maintains a loss reserve which is the equivalent of that required by NRS 693.050.
(4) Policy benefits do not exceed $15,000.
(5) Policy provisions are in accord with the requirements of chapter 692 of NRS.
(6) Has not less than 50 policyholders who are residents of this state.
(7) Is financially responsible and has a good record on the payment of claims for the 10 years immediately preceding application.
(8) Is and has been well managed for the 10 years immediately preceding application.
κ1963 Statutes of Nevada, Page 858 (CHAPTER 384, SB 174)κ
(9) The provisions of subparagraphs (7) and (8) are certified to by the commissioner, director of insurance or other chief insurance official of the state of organization.
(d) That a nonprofit hospital association may be admitted subject to the provisions of this Title upon a statement from the proper state official that such hospital association has properly qualified under the laws of its state of domicile.
2. No company not incorporated in the United States shall be permitted to transact an insurance business in this state unless the same shall have deposited or invested for the benefit of its policyholders or policyholders and creditors in the United States, in at least one state, the sum equal to $200,000 in excess of its liabilities in the United States.
3. No foreign or alien company shall transact in this state any insurance business not classified under chapter 681 of NRS.
4. No license or certificate of authority to do an insurance business shall be issued to any state, province or foreign government, or to any instrumentality, political subdivision or agency thereof.
Sec. 13. NRS 683.070 is hereby amended to read as follows:
683.070 1. The commissioner [shall] may renew for 1 year the license of a foreign or alien company from March 1 of the calendar year following the calendar year in which it is admitted to transact business in this state, and annually thereafter, upon application by the company for a license which shall be made on or before March 1, and upon payment of the annual license fee, taxes and other fees imposed by this Title, provided the commissioner is satisfied that:
(a) None of the facts specified in this chapter as grounds for revoking a license exists; and
(b) The company has complied and is complying with the conditions set forth in NRS 683.010.
2. Except in the case of nonpayment of fees or taxes, or the failure of the company to maintain the required minimum capital and surplus, the commissioner shall give notice of his intention to refuse to renew the license of a foreign or alien company and the grounds therefor at least 20 days before the end of the term for which the existing license was issued, and the company shall be given an opportunity for a full hearing before the end of such term.
Sec. 14. NRS 684.070 is hereby amended to read as follows:
684.070 Except as provided in NRS 684.080, each applicant for a license to act as an agent within this state:
1. For life [, accident and health] insurance, being the type of insurance enumerated in class 1 as described in NRS 681.020;
2. For accident and health insurance, being the type of insurance enumerated in section 1 of this act;
3. For casualty, fidelity and surety insurance, being the type of insurance enumerated in class [2] 3 as described in NRS 681.030; and
[3.] 4. For fire, marine and other kinds of insurance, being the type of insurance enumerated in class [3] 4 as described in NRS 681.040, shall submit to a personal written examination to determine his competence with respect to the class or classes of business for which the license is sought and his familiarity with the pertinent provisions of the laws of this state, and shall pass the same to the satisfaction of the commissioner.
κ1963 Statutes of Nevada, Page 859 (CHAPTER 384, SB 174)κ
shall submit to a personal written examination to determine his competence with respect to the class or classes of business for which the license is sought and his familiarity with the pertinent provisions of the laws of this state, and shall pass the same to the satisfaction of the commissioner.
Sec. 15. NRS 684.260 is hereby amended to read as follows:
684.260 1. The commissioner shall issue a solicitors license:
(a) Only to a natural person who has been a bona fide resident of this state for not less than 3 months immediately prior to the filing of the application; and
(b) Only upon requisition, accompanied by the fee as provided for in NRS 686.020, made by his employer, who or which shall be a licensed agent or broker, and then only when such employer certifies that the solicitor is his bona fide employee and is competent and fully qualified and that he will assume responsibility for such solicitors acts; and
(c) Only after such applicant shall have successfully passed the written examination on fire and casualty subjects as required by the commissioner.
2. Any solicitor so licensed shall solicit insurance only in the name of and for the account of his employer.
3. Solicitors shall not be licensed for agencies or brokers doing the kind [or kinds] of business described in class 1 as described in NRS 681.020.
Sec. 16. NRS 684.350 is hereby amended to read as follows:
684.350 1. All policies of insurance for or on behalf of any insurance company doing the kind or kinds of insurance business described in classes [2 and] 3 and 4 (NRS 681.030 and 681.040), on any property or insurable business activities or interests located within or transacted within this state, shall be countersigned by [an] a resident agent licensed under this Title [; but this] to represent the insurer, but when two or more insurers issue a single policy of insurance the policy may be countersigned on behalf of all insurers appearing therein by a licensed agent, resident in this state, of any one such insurer. This section shall not apply to insurance covering the rolling stock belonging to and used in the operation of railroad corporations or other common carriers or property in transit while in the possession or custody of railroad or other common carriers, nor to bid bonds issued by any admitted surety insurer in connection with any public or private [building or construction project.] contract.
2. Nothing herein contained shall be construed as preventing the free and unlimited right to negotiate contracts of insurance by licensed nonresident agents or brokers outside this state, providing the policies, endorsements or evidence of such contracts covering properties or insurable interests in this state are countersigned by a resident agent of this state.
3. Where a contract of insurance covering property or risks or insurable interests within this state is negotiated by a licensed nonresident agent or broker outside of this state, or by a company which is not represented by a licensed nonresident agent or broker, every such policy of insurance or bond shall be countersigned by a resident agent who is compensated on a commission basis and shall not be countersigned by a salaried company employee, unless such employee is a regular salaried employee of a mutual company and a licensed resident agent.
κ1963 Statutes of Nevada, Page 860 (CHAPTER 384, SB 174)κ
such policy of insurance or bond shall be countersigned by a resident agent who is compensated on a commission basis and shall not be countersigned by a salaried company employee, unless such employee is a regular salaried employee of a mutual company and a licensed resident agent. In any case where it is necessary to execute an emergency bond, or a commissioned agent is not present who is authorized to execute such bond, a company manager or other employee having authority under a power of attorney may execute the bond in order to produce a valid contract between the company and the obligee, but such bond shall be subsequently countersigned by a resident commissioned agent, who shall make and retain an office record showing sufficient information regarding the transaction to indicate the essential information to preserve a record.
4. On such business produced by a licensed nonresident agent or broker, which requires the countersignature of a resident commissioned agent of this state, there shall be a division of the usual customary commission between the licensed nonresident producing agent or broker and the resident countersigning commissioned agent which shall produce for the latter a commission of at least 5 percent of the premium; but for countersigning such casualty insurance policies and fidelity or surety bonds the resident commissioned agent shall not be paid more than $50 nor less than $1 for countersigning any such policy or bond. Where the licensed nonresident agent or broker or the insurer assuming the risk desires the resident commissioned agent to render additional services during the life of a policy, then in such cases the compensation to be paid to such countersigning commissioned resident agent shall be a matter of contract between the parties in interest.
Sec. 17. NRS 686.020 is hereby amended to read as follows:
686.020 1. The commissioner shall charge, collect and give proper acquittances for the payment of the following fees and charges:
For filing each power of attorney.............................................................. $5.00
For an annual license to each [fire insurance] class 1 company to transact business throughout this state............................................................................ 100.00
For an annual license to each [life insurance] class 2 company to transact business throughout this state............................................................................ 100.00
For an annual license to each [life and accident] class 3 insurance company to transact business throughout this state............................................ 100.00
For an annual license to each [casualty and surety] class 4 company to transact business throughout this state........................................................... 100.00
For an annual license to each company to write two or more classes of business throughout this state............................................................................ 200.00
For an annual license to each underwriters agency, for each company represented in such agency....................................................................................... 25.00
For filing an annual company statement.................................................. 10.00
For issuing [an] a resident agents license.............................................. 2.00
For issuing a solicitors license................................................................. 2.00 For issuing a managing general agents license................ $5.00
κ1963 Statutes of Nevada, Page 861 (CHAPTER 384, SB 174)κ
For issuing a managing general agents license..................................... $5.00
For issuing a service representatives license......................................... 5.00
For issuing a nonresident brokers license.............................................. 50.00
An applicant for a nonresident brokers license residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, and whose state of domicile has a like reciprocal agreement for residents of this state, shall pay the resident fee of $25.
For issuing any other certificate required or permissible under the law ........................................................................................................... 1.00
For issuing a nonresident agents license............................................... 10.00
An applicant for a nonresident agents license residing within a 50-mile radius of the boundary of the State of Nevada, whose normal operations would include the transaction of insurance on both sides of that boundary, and whose state of domicile has a like reciprocal agreement for residents of this state, shall pay the resident fee of $2.
For issuing a brokers license.................................................................... 25.00
For issuing a license to a domestic insurance companys securities salesman ......................................................................................................... 10.00
For each copy of the insurance laws........................................................ 2.50
For issuing a vending machine license, per machine per year.............. 20.00
2. Notwithstanding the provisions of any general or special law, the possession of a license, under the provisions of this Title, shall be authorization to transact such business as shall be indicated in such license and shall be in lieu of all licenses, whether for regulation or revenue, required to solicit insurance business within the State of Nevada, except that each city, town or county may require a license for revenue purposes only for any insurance agent whose principal place of business is located within the city or town or within the county outside the cities and towns of the county, respectively.
3. The amount of the expense incurred in the examination of the conditions and affairs of any company shall be paid by the company. No such charge shall be made except for necessary traveling and hotel expense and compensation of the examiner, commissioner or other department representative.
4. At the time of any service of process on the commissioner, as attorney for such service, the commissioner shall charge and collect the sum of $2, which may be recovered as taxable costs by the party to the suit or action causing such service to be made if he prevails in such suit or action.
Sec. 18. NRS 691.010 is hereby amended to read as follows:
691.010 This chapter shall apply to all companies authorized to transact the kind or kinds of business enumerated in class [3] 4 as described in NRS 681.040.
κ1963 Statutes of Nevada, Page 862 (CHAPTER 384, SB 174)κ
transact the kind or kinds of business enumerated in class [3] 4 as described in NRS 681.040.
Sec. 19. NRS 691.020 is hereby amended to read as follows:
691.020 1. Every company authorized in this state to transact any of the kinds of business described in class [3] 4 as described in NRS 681.040 shall maintain an unearned premium reserve on all policies in force, which reserve shall be charged as a liability.
2. The portions of the gross premiums in force, after deducting reinsurance in authorized companies, which shall be held as a premium reserve, shall be computed according to the following table; but the commissioner may require that such reserve shall be equal to the unearned portions of the gross premiums in force after deducting reinsurance in authorized companies, in which case the reserve shall be computed on each respective risk from the date of the issuance of the policy:
Term for Which Reserve for
Policy Was Written Unearned Premium
One year....................................................................................... First year 1/2
|
Two Years......................................................................... |
{ |
First year 3/4 Second year 1/4 |
|
Three years....................................................................... |
{ |
First year 5/6 Second year 1/2 Third year 1/6 |
|
Four years......................................................................... ............................................................................................ |
{ |
First year 7/8 Second year 5/8 Third year 3/8 Fourth year 1/8 |
|
Five years.......................................................................... |
{ |
First year 9/10 Second year 7/10 Third year 1/2 Fourth year 3/10 Fifth year 1/10 |
Over five years............................................................................ Pro rata
Sec. 20. NRS 691.030 is hereby amended to read as follows:
691.030 1. A company of class [3] 4 shall maintain a reserve for unpaid loss claims at least equal to the aggregate estimated amounts due or to become due on account of all losses or claims of which the company has received notice. Such loss reserve shall also include the estimated liability arising out of the occurrence of any event which may result in a loss and of which the company has received notice, and the estimated liability for all losses which have occurred but of which no notice has been received. For the purpose of such reserves, the company shall keep a complete and itemized record showing all losses and claims on which it has received notice, including all notices received by it of the occurrence of any event which may result in a loss.
2. Whenever the loss experience of the company shows the reserve calculated in accordance with the provisions of subsection 1 to be inadequate, the commissioner may require such company to maintain additional loss reserves.
κ1963 Statutes of Nevada, Page 863 (CHAPTER 384, SB 174)κ
Sec. 21. NRS 691.070 is hereby amended to read as follows:
691.070 Forms for supplemental contracts or comprehensive contracts whereby the property described may be insured against one or more risks specified in class [2] 3 or class [3] 4 as described in NRS 681.030 and 681.040, in addition to the risk of direct loss or damage by fire, and forms of fire policies on farm property may be approved by the commissioner, and their use in connection with or in lieu of a standard fire insurance policy may be authorized by the commissioner.
Sec. 22. NRS 692.010 is hereby amended to read as follows:
692.010 1. This chapter shall apply to all companies transacting in this state the kinds of business enumerated in [subsection 2 of NRS 681.020 (class 1) and subsection 1 of NRS 681.030 (class 2).] class 2, as described in section 1 of this act.
2. Nothing in this chapter shall apply to, or in any way affect, policies or contracts described in [subsection 1 of] NRS 681.020. [(class 1).]
Sec. 23. NRS 692.130 is hereby amended to read as follows:
692.130 As used in NRS 692.130 to 692.480, inclusive, accident and sickness insurance includes any policy or contract covering the kind or kinds of insurance described in [subsection 2 of NRS 681.020 (class 1) and subsection 1 of NRS 681.030 (class 2).] section 1 of this act.
Sec. 24. NRS 693.010 is hereby amended to read as follows:
693.010 NRS 693.010 to 693.120, inclusive, shall apply to all companies authorized in this state to transact the kind or kinds of business enumerated in class 2 as described in section 1 of this act and class 3 as described in NRS 681.030.
Sec. 25. NRS 693.030 is hereby amended to read as follows:
693.030 1. Every company authorized to transact in this state any of the kind or kinds of business enumerated in class 2 as described in section 1 of this act or class 3 as described in NRS 681.030 shall maintain an unearned premium reserve on all policies and bonds in force which shall be calculated in the manner prescribed in NRS 691.020; but any such company may calculate the unearned premium reserve upon the monthly pro rata basis in lieu of complying with NRS 691.020.
2. Any such company that adopts either of the methods of computing the unearned premium reserve as provided in subsection 1 shall not change the same without the approval of the commissioner.
Sec. 26. NRS 693.040 is hereby amended to read as follows:
693.040 Every company authorized to transact in this state any of the kind or kinds of business described in class 2 (section 1 of this act) or class 3 (NRS 681.030) shall maintain a loss reserve which shall be calculated in the manner prescribed in NRS 693.010 to 693.120, inclusive.
Sec. 27. NRS 693.050 is hereby amended to read as follows:
693.050 1. The loss reserves of all companies with respect to the kind or kinds of business described in class 2 (section 1 of this act) or class 3 (NRS 681.030), other than workmens compensation or liability insurance, shall be at least equal to the aggregate estimated amounts due or to become due on account of all losses or claims of which the company has received notice, including the estimated liability arising out of the occurrence of any event which may result in a loss and of which the company has received notice, and the estimated liability for all losses which have occurred but of which no notice has been received.
κ1963 Statutes of Nevada, Page 864 (CHAPTER 384, SB 174)κ
out of the occurrence of any event which may result in a loss and of which the company has received notice, and the estimated liability for all losses which have occurred but of which no notice has been received. For the purpose of such reserves, the company shall keep a complete and itemized record showing all losses and claims on which it has received notice, including all notices received by it of the occurrence of any event which may result in a loss.
2. Whenever the loss experience of the company shows the reserves calculated in accordance with subsection 1 to be inadequate, the commissioner may require such company to maintain additional reserves.
Sec. 28. NRS 693.100 is hereby amended to read as follows:
693.100 1. Whenever a bond, undertaking, recognizance, guaranty or other obligation is required, permitted, authorized or allowed, or whenever the performance of any act, duty or obligation, or forbearance is required, permitted, authorized or allowed to be secured or guaranteed, such bond, undertaking, recognizance or other obligation, or such security or guaranty, may be executed by a company authorized in this state to do the kinds of business described in subsection 6 of NRS 681.030 (class [2),] 3), and such companies are authorized and empowered to execute all such instruments.
2. In case two or more of such companies execute any such instrument, each of such companies is hereby authorized and empowered to limit its liability therein to an amount less than the aggregate penalty of such instrument and also to limit its liability to a pro rata part of any and all losses under such instrument.
3. The execution by any such company of such bond, undertaking, recognizance, guaranty or other obligation by an officer, attorney in fact or other authorized representative shall be sufficient and be accepted as and be a full compliance with every law or other requirement now in force or that may hereafter be enacted or made that such bond, undertaking, recognizance, guaranty or like obligation be required or permitted or be executed by a surety or sureties, or that such surety or sureties be residents, householders or freeholders, or possess any other qualifications.
Sec. 29. NRS 693.110 is hereby amended to read as follows:
693.110 The provisions of NRS 100.060 shall apply to suretyship agreements executed by a company authorized in this state to do the kind [or kinds] of business enumerated in class [2] 3 as described in subsection 6 of NRS 681.030.
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