[Rev. 2/28/2019 2:43:32 PM]
κ1965 Statutes of Nevada, Page 601 (CHAPTER 280, AB 295)κ
(a) File in the office of the secretary of state of Nevada a certified copy of its articles of incorporation, or of the statute or statutes, or legislative, or executive, or governmental acts, or other instrument or authority by which it was created;
(b) File in the office of the secretary of state of Nevada certified copies of all papers, documents and instruments, amendatory thereof, supplemental thereto, or otherwise related to any of the instruments of creation designated in paragraph (a), which, pursuant to the laws of the place of creation of the corporation are required to be filed or recorded in the place of creation, and which have been filed or recorded therein since the creation of the corporation to the date of submission of the papers, documents and instruments to the office of the secretary of state of Nevada for the purpose of qualifying the corporation in this state.
2. In lieu of the papers, documents and instruments required to be filed pursuant to paragraphs (a) and (b) of subsection 1, a foreign corporation may file in the office of the secretary of state of Nevada certified copies of all papers, documents and instruments which have been filed in the place of incorporation of such corporation and pursuant to the laws thereof to restate, supersede, consolidate or replace the articles, charter or certificate of incorporation of such corporation, together with any papers, documents or instruments which supplement such restated, superseding, consolidating or replacing papers, documents or instruments.
3. Each such corporation shall submit with the certified papers, documents and instruments required by paragraphs (a) and (b) of subsection 1 a second copy of all thereof, conformed in every respect to the certified papers, documents and instruments, for certification by the secretary of state of Nevada and for filing by the corporation in the office of the county clerk of the county where its principal place of business is located in this state. The county clerk may microfilm rather than file such copy.
4. The secretary of state shall not file the articles of incorporation of any foreign corporation whose name is the same as, or deceptively similar to, the name of any corporation formed or incorporated in this state or any other foreign corporation authorized to transact business within this state or a name reserved for the use of any proposed corporation under NRS 78.040, unless the written acknowledged consent of such other corporation or person for whom such name is reserved to the adoption of such name is filed with the articles.
Sec. 2. NRS 80.090 is hereby amended to read as follows:
80.090 If a foreign corporation doing business in this state maintains and keeps in the state a resident agent as provided by NRS 80.060 and files or has microfilmed the papers, documents and instruments required by NRS 80.010 to 80.040, inclusive, it shall be entitled to the benefit of the laws of this state limiting the time for the commencement of civil actions.
Sec. 3. NRS 80.160 is hereby amended to read as follows:
80.160 1. On or before October 15 of each year, the secretary of state shall compile a complete list of all defaulting corporations,
κ1965 Statutes of Nevada, Page 602 (CHAPTER 280, AB 295)κ
together with the amount of the filing fee, penalties and costs remaining unpaid.
2. The secretary of state shall cause such list to be published five times in the week prior to the 1st Monday in November following, in a newspaper published in Carson City, Nevada, and shall append to such list, and publish therewith, a notice to the effect that unless the filing fee owing by such corporation, together with the penalties and all costs, is paid to the secretary of state, on or before 12 m. of the 1st Monday in March following, such defaulting corporation shall forfeit the amount of the tax and penalty and costs to the State of Nevada, and shall also forfeit its right to carry on business within the state.
3. Immediately after the 1st Monday in March the secretary of state shall compile a full and complete list containing the names of all corporations whose right to do business has been annulled. The secretary of state shall forthwith notify the several county clerks in whose offices the defaulting corporations have [filed] copies of their articles of incorporation and other amendatory, supplemental and related instruments, filed or microfilmed as required by this chapter, of the annulment of the corporations rights to do business and shall also by letter addressed to its president or secretary notify each corporation of the forfeiture of its right to do business in this state. In case of a reinstatement as provided in NRS 80.170, the secretary of state shall also notify immediately the county clerks of such fact.
4. In case a foreign corporation makes default as herein provided, the secretary of state shall issue his warrant stating the amount of the filing fee, penalty and costs due to the state, and shall deliver the warrant to any sheriff of any county of this state who may seize and sell any property of a foreign corporation as upon execution and apply the proceeds to the payment of the filing fee, penalty, costs and accruing costs. Any balance remaining after such sale shall by the sheriff be paid to the secretary of state, who shall return the same to the corporation whose property was sold. No more than sufficient property to pay the filing fee, penalty and costs shall be seized and sold.
Sec. 4. NRS 80.170 is hereby amended to read as follows:
80.170 1. The secretary of state is authorized:
(a) To reinstate any corporation which has forfeited or which shall forfeit its right to transact business under the provisions of NRS 80.110 to 80.180, inclusive; and
(b) To restore to such corporation its right to carry on business in this state, and to exercise its corporate privileges and immunities at any time after the date of default of such corporation in the payment of the filing fees hereinabove provided, upon the filing with the secretary of state of an affidavit stating the reason for the forfeiture of its right to transact business, and upon payment to the secretary of state of all filing fees, licenses, penalties, costs and expenses due and in arrears at the time of the forfeiture of its right to carry on business, and also all filing fees, licenses and penalties which have accrued since the forfeiture of its right to transact business.
2. In case such payment is made and the secretary of state reinstates the corporation to its former rights he shall:
(a) Immediately issue and deliver to the corporation so reinstated a certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and
κ1965 Statutes of Nevada, Page 603 (CHAPTER 280, AB 295)κ
certificate of reinstatement authorizing it to transact business in the same manner as if the filing fee had been paid when due; and
(b) Upon demand, issue to the corporation one or more certified copies of such certificate of reinstatement, a copy of which shall be filed or microfilmed in the office of the county clerk of the county in which the principal place of business of such corporation is located or in any other county in which it may own, hold or lease property or transact business.
3. In no case shall the secretary of state order a reinstatement unless all such delinquent fees, penalties and costs have been paid, and such revocation of the right to transact business occurred only by reason of failure to pay such fees, penalties and costs.
Sec. 5. NRS 81.060 is hereby amended to read as follows:
81.060 1. The articles of incorporation shall be:
(a) Subscribed by three or more of the original members, a majority of whom must be residents of this state.
(b) Acknowledged by each before some officer authorized to take and certify acknowledgments of conveyances of real property.
(c) Filed in the office of the secretary of state in all respects in the same manner as other articles of incorporation are filed.
2. If a corporation formed under NRS 81.010 to 81.160, inclusive, shall be authorized to issue capital stock there shall be paid to the secretary of state for filing the articles the fee applicable to the amount of authorized capital stock of the corporation as the secretary of state may be required by law to collect upon the filing of articles of incorporation which authorize the issue of capital stock.
3. The secretary of state shall issue to the corporation over the great seal of the state a certificate that a copy of the articles containing the required statements of facts has been filed in his office.
4. A certified copy of the articles shall be filed or microfilmed in the office of the clerk of the county where the principal business of the association is to be transacted.
5. Upon the issuance of the certificate by the secretary of state and upon the filing or microfilming of a certified copy of the articles [with] in the office of the county clerk the persons signing the articles and their associates and successors shall be a body politic and corporate. When so filed [,] or microfilmed, the articles of incorporation or certified copies thereof shall be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein.
Sec. 6. NRS 81.200 is hereby amended to read as follows:
81.200 1. Every association formed under NRS 81.170 to 81.280, inclusive, shall prepare articles of association in writing, which shall set forth:
(a) The name of the association.
(b) The purpose for which it is formed.
(c) The place where its principal business is to be transacted.
(d) The term for which it is to exist (not to exceed 50 years).
(e) The number of the directors thereof, and the names and residences of those selected for the first year.
(f) The amount which each member is to pay upon admission as a membership fee, and that each member signing the articles has actually paid in such sum.
κ1965 Statutes of Nevada, Page 604 (CHAPTER 280, AB 295)κ
membership fee, and that each member signing the articles has actually paid in such sum.
(g) That the interest and right of each member therein is to be equal.
2. The articles of association must be subscribed by the original associates or members, and acknowledged by each before some person competent to take an acknowledgment of a deed in this state.
3. The articles so subscribed and acknowledged shall be filed in the office of the secretary of state, who shall furnish a certified copy thereof. The certified copy shall be filed or microfilmed in the office of the county clerk of the county where the principal business of the association is to be transacted. From the time of the filing or microfilming in the office of the county clerk, the association shall be complete and shall have and exercise all the powers for which it was formed.
Sec. 7. NRS 81.210 is hereby amended to read as follows:
81.210 1. The purpose of the business may be altered, changed, modified, enlarged or diminished, or the articles of association amended, by a vote of two-thirds of all the members at a special election to be called for such purpose. Notice of the special election must be given in the same manner as the bylaws shall provide for election of directors.
2. Upon amendment of the articles of association, a copy of the articles as amended shall be duly filed with the secretary of state, and a certified copy shall be filed [with] or microfilmed by the county clerk.
Sec. 8. NRS 81.300 is hereby amended to read as follows:
81.300 1. Upon filing a certificate as provided in NRS 81.290, the secretary of state shall, upon the payment of a fee of $1, issue a certificate of the organization of the corporation, association or society, duly authenticated under his hand and seal of the state. A certified copy of the certificate issued under the hand and seal of the secretary of state shall be filed or microfilmed in the office of the clerk of the county in which the principal office of such corporation, association or society is located.
2. Upon complying with the conditions of subsection 1, the corporation, association or society shall be deemed fully organized and may proceed to do business.
Sec. 9. NRS 81.360 is hereby amended to read as follows:
81.360 1. Upon filing a certificate as provided in NRS 81.350, the secretary of state shall, upon the payment of a fee of $1, issue a certificate of the organization of the corporation, association or society, duly authenticated under his hand and seal of the state. A certified copy of the certificate issued under the hand and seal of the secretary of state shall be filed or microfilmed in the office of the clerk of the county in which the principal office of such corporation, association or society is located.
2. Upon complying with the conditions of subsection 1, the corporation, association or society shall be deemed fully organized and may proceed to do business.
Sec. 10. NRS 81.450 is hereby amended to read as follows:
81.450 1. The articles of incorporation shall be:
κ1965 Statutes of Nevada, Page 605 (CHAPTER 280, AB 295)κ
(a) Subscribed by three or more of the original members, a majority of whom must be residents of this state.
(b) Acknowledged by each before some officer authorized to take and certify acknowledgments of conveyances of real property.
(c) Filed in the office of the secretary of state in all respects in the same manner as other articles of incorporation are filed.
2. The secretary of state shall issue to the corporation over the great seal of the state a certificate that a copy of the articles containing the required statements of facts has been filed in his office.
3. A certified copy of the articles shall be filed or microfilmed in the office of the clerk of the county where the principal business of the association is to be transacted.
4. Upon the issuance of the certificate by the secretary of state and upon the filing or microfilming of a certified copy of the articles [with] by the county clerk the persons signing the articles and their associates and successors shall be a body politic and corporate. When so filed [,] or microfilmed, the articles of incorporation or certified copies thereof shall be received in all the courts of this state, and other places, as prima facie evidence of the facts contained therein.
Sec. 11. NRS 81.510 is hereby amended to read as follows:
81.510 1. Upon written assent of two-thirds of all the members or by a vote of members representing two-thirds of the total votes of all members of each of two or more such nonprofit cooperative corporations to cooperate with each other for the more economical carrying on of their respective businesses by consolidation, such consolidation shall be effected by two or more associations entering into an agreement in writing and adopting a name, which agreement must:
(a) Be signed by two-thirds of the members of each such association.
(b) State all the matters necessary to articles of association.
(c) Be acknowledged by the signers before an officer competent to take an acknowledgment of deeds in this state.
(d) Be filed or microfilmed in the office of the county clerk of the county wherein the principal business of the association is to be transacted.
2. A certified copy of the agreement shall be filed in the office of the secretary of state and the same fees for filing and recording, as required for filing and recording of original articles of incorporation, shall be paid. From and after the filing of the certified copy, the former associations comprising the component parts cease to exist, and the consolidated association:
(a) Succeeds to all the rights, duties and powers of the component associations.
(b) Is possessed of all the rights, duties and powers prescribed in the agreement of consolidated associations not inconsistent with NRS 81.410 to 81.540, inclusive.
(c) Is subject to all the liabilities and obligations of the former component associations.
(d) Succeeds to all the property and interests thereof.
(e) May make bylaws and do all things permitted by NRS 81.410 to 81.540, inclusive.
κ1965 Statutes of Nevada, Page 606 (CHAPTER 280, AB 295)κ
3. Any such corporation, upon resolution adopted by its board of directors, shall have the power:
(a) To enter into contracts and agreements.
(b) To make stipulations and arrangements with any other corporation or corporations for the cooperative and more economical carrying on of its business, or any part or parts thereof.
4. Any two or more cooperative corporations organized under NRS 81.410 to 81.540, inclusive, upon resolutions adopted by their respective boards of directors, may, for the purpose of more economically carrying out their respective businesses, by agreement, unite in adopting, employing and using, or several such corporations may separately adopt, employ and use, the same methods, policy, means, agents, agencies and terms of marketing for carrying on and conducting their respective businesses.
Sec. 12. NRS 82.140 is hereby amended to read as follows:
82.140 Upon the election or appointment of trustees, as provided in NRS 82.110 to 82.160, inclusive, a certificate of such election or appointment shall be executed by the person or persons making the appointment, or the judges holding the election, duly acknowledged before a competent officer, and shall be filed [and recorded] or microfilmed in the office of the clerk of the county in which such order or lodge is located; or, in case of grand lodges, shall be filed in the office of the secretary of state.
Sec. 13. NRS 82.160 is hereby amended to read as follows:
82.160 1. Annually or semiannually according to their terms of office, the boards of trustees shall make a full report of all property, real and personal, held in trust by them, and the conditions of the corporation.
2. A copy of the report shall be filed or microfilmed in the office [where their certificaes of election were filed in compliance with NRS 82.140,] of the county clerk of the county in which such order or lodge is located, or, in the case of grand lodges, shall be filed in the office of the secretary of state, accompanied by an affidavit of the truth of the report.
Sec. 14. NRS 82.220 is hereby amended to read as follows:
82.220 Upon the election or appointment of trustees as provided in NRS 82.190 to 82.230, inclusive, a certificate of such election or appointment shall be executed by the person or persons making the appointment or the judges holding the election, duly acknowledged before a competent officer, and it shall be filed [and recorded] or microfilmed in the office of the clerk of the county in which such chapter is located.
Sec. 15. NRS 82.260 is hereby amended to read as follows:
82.260 1. The corporate powers of the lodges of the Order of Nevadans shall be vested in boards of trustees, elected or appointed, as provided in NRS 82.250, such boards being subject to such rules and regulations as may be adopted according to the rules and customs of the orders or lodges for the government of the boards of trustees.
2. They shall hold office until their successors are appointed or elected, and the certificate filed or microfilmed as provided in NRS 82.270.
κ1965 Statutes of Nevada, Page 607 (CHAPTER 280, AB 295)κ
3. Vacancies in the board of trustees shall be filled as provided by the regulations of the lodges.
4. Trustees shall give such bonds as may be required of them, conditioned for the faithful performance of their duties.
Sec. 16. NRS 82.270 is hereby amended to read as follows:
82.270 Upon the election or appointment of trustees, as provided in NRS 82.240 to 82.290, inclusive, a certificate of such election or appointment shall be executed by the person or persons making the appointment, or the judges holding the election, duly acknowledged before a competent officer, and shall be filed [and recorded] or microfilmed in the office of the clerk of the county in which such order or lodge is located; or, in case of grand lodges, shall be filed in the office of the secretary of state.
Sec. 17. NRS 82.540 is hereby amended to read as follows:
82.540 1. The corporate powers of the American Legion, Department of Nevada, and the various American Legion posts within the State of Nevada shall be vested in a board of trustees elected or appointed as provided in NRS 82.530, the board being subject to such rules and regulations as may be adopted, according to the uses and customs of the posts, for the government of the board of trustees.
2. They shall hold office until their successors are appointed or elected and the certificate filed or microfilmed as provided in NRS 82.550.
3. Vacancies in the board of trustees shall be filled as provided by the regulations of the posts.
4. Trustees shall give such bond as may be required of them, conditioned for the faithful performance of their duties.
Sec. 18. NRS 82.550 is hereby amended to read as follows:
82.550 Upon the election or appointment of trustees as provided in NRS 82.520 to 82.570, inclusive, a certificate of such election or appointment shall be executed by the person or persons making the appointment, or the judges holding the election, duly acknowledged before a competent officer, and shall be filed [and recorded] or microfilmed in the office of the clerk of the county in which the post is located, or in case of the American Legion, Department of Nevada, shall be filed in the office of the secretary of state.
Sec. 19. NRS 82.570 is hereby amended to read as follows:
82.570 1. Annually, the board of trustees shall make a full report to the post of all property, real and personal, held in trust by them, and the condition of the corporation.
2. A copy of the report shall be filed or microfilmed in the office [where their certificates of election or appointment were filed in compliance with NRS 82.550,] of the county clerk of the county in which such post is located, or, in the case of the American Legion, Department of Nevada, shall be filed in the office of the secretary of state, accompanied by an affidavit of the truth of the report.
Sec. 20. NRS 82.590 is hereby amended to read as follows:
82.590 1. The department, or any post thereof located therein, wishing to avail itself of the provisions of NRS 82.580 to 82.640, inclusive, shall file with the secretary of state, in the case of the department, and, file with or have microfilmed by the county clerk of at least one county in which it is located, in the case of a post, an application and acceptance, and the approval in writing by the commander in chief in the case of the application of a department, and by the department commander and commander in chief in the case of a post, of NRS 82.580 to 82.640, inclusive, or of the application pursuant to section 708 of the constitution, bylaws and manual of procedure of the Veterans of Foreign Wars of the United States (bylaws, miscellaneous provisions, article VII) and section 4 and other pertinent provisions of the act to incorporate the Veterans of Foreign Wars of the United States, approved May 28, 1936 (public law number 630, 74th Congress, 36 U.S.C.
κ1965 Statutes of Nevada, Page 608 (CHAPTER 280, AB 295)κ
county in which it is located, in the case of a post, an application and acceptance, and the approval in writing by the commander in chief in the case of the application of a department, and by the department commander and commander in chief in the case of a post, of NRS 82.580 to 82.640, inclusive, or of the application pursuant to section 708 of the constitution, bylaws and manual of procedure of the Veterans of Foreign Wars of the United States (bylaws, miscellaneous provisions, article VII) and section 4 and other pertinent provisions of the act to incorporate the Veterans of Foreign Wars of the United States, approved May 28, 1936 (public law number 630, 74th Congress, 36 U.S.C. § 113).
2. Upon and from and after such filing or microfilming the powers and privileges granted by NRS 82.580 to 82.640, inclusive, shall immediately vest in such respective department or post and the certificate of the secretary of state or the county clerk of the appropriate county shall be evidence thereof.
3. In addition, upon the election or appointment of the first trustees of such departments or any such post there shall be filed with the secretary of state or filed with or microfilmed by the county clerk, as the case may be, a certificate of such election or appointment, executed by the person making the appointment, or by the judges holding the election, duly acknowledged before a notary public. Thereafter such a certificate shall be executed, acknowledged and filed in like manner when changes are made in such trustees from time to time.
Sec. 21. NRS 82.630 is hereby amended to read as follows:
82.630 1. Annually, the board of trustees shall make a full report to the post of all property, real and personal, held by the corporation of which they are trustees, and the condition of the corporation.
2. A copy of the report shall be filed or microfilmed in the office [where their certificates of election or appointment were filed in compliance with NRS 82.590,] of the county clerk of the county in which such post is located, or in case of The American Legion, Department of Nevada, shall be filed in the office of the secretary of state, accompanied by an affidavit of the truth of the report.
Sec. 22. NRS 83.020 is hereby amended to read as follows:
83.020 1. Within 3 days after the meeting, the chairman and secretary of the meeting shall make a written certificate and sign their names thereto, and acknowledge the same before an officer authorized to take proof and acknowledgment of conveyances in the county where the meeting was held. The certificate shall state:
(a) The names of the associates determined upon the majority of the persons who met.
(b) The number of trustees fixed on to manage the concerns of the association.
(c) The names of the trustees chosen at the meeting and their classification.
(d) The day fixed on for the annual election of trustees.
2. The chairman and secretary of the meeting shall cause the certificate to be filed [and recorded] or microfilmed in the office of the county clerk of the county in which the cemetery grounds are situated.
κ1965 Statutes of Nevada, Page 609 (CHAPTER 280, AB 295)κ
[, in a book to be appropriated to the recording of certificates of incorporation.]
Sec. 23. NRS 85.010 is hereby amended to read as follows:
85.010 In all cases where lands or any other property, amounting in value to $1,000 or upwards, have been or shall hereafter be given, granted, devised or bequeathed to one or more trustees, or persons acting in the capacity of trustees, for the purpose of founding or endowing a hospital, or other charitable asylum within this state, for the care or relief of orphan children, or of sick, infirm or indigent persons, and it shall, for the more effective and perfect administration of such trust, be deemed expedient by such trustees to organize themselves as a corporation, then the trustees, or persons acting as trustees in whom the lands, or other property, are for the time being invested, may become incorporated by executing under their hands, and acknowledging before some person in this state authorized to take the acknowledgment of deeds, duplicate articles of incorporation, one of which shall be filed in the office of the secretary of state, and one [recorded] filed or microfilmed in the clerks office of the county in this state in which the office of such incorporation or association may be located, and upon the execution and acknowledgment of such articles, the signers thereof shall become, and be a body politic and corporate, for the object and purposes set forth in the articles. They, their successors and associates shall continue to be such body corporate and politic; and may sue and be sued, take, hold and convey real and personal estate, subject to the limitations hereinafter contained; may adopt a common seal, and change the same; and may exercise all the powers, and shall be subject to all the responsibilities by law conferred and imposed.
Sec. 24. NRS 86.110 is hereby amended to read as follows:
86.110 1. Upon the appointment or election of trustees or directors, a certificate of such appointment or election shall be executed by the person or persons making the appointment, or the judges holding the election, or the secretary of the association or society, stating the names or the trustees or directors.
2. The name by which the association or society shall thereafter forever be called and known shall be particularly mentioned and specified.
3. The certificate shall be acknowledged by the person making the same, or proved by a subscribing witness thereto, before some officer authorized to take acknowledgments of deeds, and [recorded,] filed or microfilmed, together with the certificate of such acknowledgment or proof, by the clerk of the county within which such church, congregation, religious, moral, beneficial, charitable, literary or scientific association or society shall be situated. Thereupon such association or society shall be incorporated within the meaning of the provisions of NRS 86.100 to 86.170, inclusive, without the necessity of complying with the general incorporation laws.
Sec. 25. NRS 86.170 is hereby amended to read as follows:
86.170 1. Annually, the trustees shall make a full report to the society or association by which they have been appointed or elected of all property, real and personal, held in trust by them, and the condition of the corporation.
κ1965 Statutes of Nevada, Page 610 (CHAPTER 280, AB 295)κ
all property, real and personal, held in trust by them, and the condition of the corporation.
2. A copy of the report shall be filed or microfilmed in the office of the county clerk where the original certificate is filed [,] or microfilmed, accompanied by an affidavit of the truth of the report and that such association or corporation has not been engaged, directly or indirectly, in any other business than such as is set forth in the original certificate on file.
Sec. 26. This act shall become effective upon passage and approval.
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Assembly Bill No. 326Committee on Roads, Transportation and Aviation
CHAPTER 281
AN ACT to amend NRS section 371.100, relating to the exemption of vehicles owned by federal, state and local governments from privilege tax, by providing such vehicles shall be taxed if leased, loaned or otherwise made available to a private individual, association or corporation in connection with a business conducted for profit.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 371.100 is hereby amended to read as follows:
371.100 1. The privilege tax imposed by this chapter does not apply to vehicles owned by the United States, the State of Nevada, any political subdivision of the State of Nevada, or any county, municipal corporation, city, unincorporated town or school district in the State of Nevada.
2. Vehicles exempted from the privilege tax by this section which are leased, loaned or otherwise made available to and used by a private individual, association or corporation in connection with a business conducted for profit are subject to taxation in the same amount and to the same extent as though the lessee or user were the owner of such vehicle.
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κ1965 Statutes of Nevada, Page 611κ
Assembly Bill No. 335Messrs. Swackhamer, Bastian and Knisley
CHAPTER 282
AN ACT to amend chapter 403 of NRS, relating to county roads, highways and bridges, by providing for county cooperative agreements with the United States and use of county funds for maintenance of roads.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 403 of NRS is hereby amending by adding thereto a new section which shall read as follows:
The board of county commissioners of any county is hereby authorized to enter into agreements with the appropriate federal agency for the use of federal funds to construct, improve or maintain roads, other than state highways. The share of any county in the cost of such cooperative road project shall be paid from county road funds; but donations may be accepted in lieu of appropriations from county road funds.
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Assembly Bill No. 422Messrs. Fike and Swobe
CHAPTER 283
AN ACT to amend NRS section 107.080, relating to foreclosure of deeds of trust, by requiring the publication of the notice of sale to follow the required 3-month waiting period after the notice of default.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 107.080 is hereby amended to read as follows:
107.080 1. Where any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation, for which such transfer is security.
2. The power of sale shall not be exercised, however, until:
(a) In the case of any trust agreement coming into force on or after July 1, 1949, and before July 1, 1957, the grantor has for a period of 15 days failed to make good his deficiency in performance or payment, and, in the case of any trust agreement coming into force on or after July 1, 1957, the grantor has for a period of 35 days failed to make good his deficiency in performance or payment; and
(b) The beneficiary shall first record in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of such breach and of his election to sell or cause to be sold such property to satisfy the obligation; and
κ1965 Statutes of Nevada, Page 612 (CHAPTER 283, AB 422)κ
(c) Not less than 3 months have elapsed after the recording of such notice.
3. The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of such 3-month period following the recording of such notice of breach and election to sell, and prior to the making [thereof,] of such sale, give notice of the time and place thereof in the manner and for a time not less than that required by law for the sale or sales of real property upon execution. The sale itself may be made at the office of the trustee, if the notice so provided, whether the property so conveyed in trust is located within the same county as the office of the trustee or not.
4. Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor without equity or right of redemption.
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Assembly Bill No. 425Messrs. Fike and Swobe
CHAPTER 284
AN ACT to amend NRS section 21.130, relating to notice of sale under execution, by requiring publication once a week for 3 successive weeks; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 21.130 is hereby amended to read as follows:
21.130 Before the sale of property on execution, notice thereof shall be given as follows:
1. Perishable property. In cases of perishable property, by posting written notice of the time and place of sale in three public places at the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property.
2. Other personal property. In case of other personal property, by posting a similar notice in 3 public places of the township or city where the sale is to take place, not less than 5 nor more than 10 days before sale, and, in case of sale on execution issuing out of a district court, by the publication of a copy of the notice in a newspaper, if there be one in the county, at least twice, the first publication being not less than 10 days before date of sale.
3. Real property. In case of real property, by posting a similar notice particularly describing the property, for 20 days successively, in 3 public places of the township or city where the property is situated and also where the property is to be sold; and also by publishing a copy of the notice [once a week for the same period] three times, once a week, for three successive weeks, in a newspaper, if there be one in the county. The cost of publication shall in no case exceed [the sum of $2.50 per square for the first insertion and $1 per square for each subsequent insertion.]
κ1965 Statutes of Nevada, Page 613 (CHAPTER 284, AB 425)κ
of $2.50 per square for the first insertion and $1 per square for each subsequent insertion.] the rate for legal advertising as provided in NRS 238.070. In any case where the paper authorized by this section to publish such notice of sale shall neglect or refuse from any cause to make such publication, then the posting of notices as provided in this section shall be deemed sufficient notice. Notices of the sale of property on execution upon a judgment for any sum less than $500, exclusive of costs, shall be given only by posting in 3 public places in the county, 1 of which notices shall be posted at the courthouse.
________
Assembly Bill No. 427Messrs. Fike and Swobe
CHAPTER 285
AN ACT to amend NRS section 40.090, relating to adverse possession, by providing a new claim period for removal of cloud upon title to real property where such cloud has been created by the adverse possessor.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 40.090 is hereby amended to read as follows:
40.090 1. An action may be brought to determine the adverse claims to and clouds upon title to real property by a person who, by himself, or by himself and his predecessors in interest, has been in the actual, exclusive and adverse possession of such property continuously for more than 15 years prior to the filing of the complaint, claiming to own the same in fee, or by any other freehold estate, against the whole world, and who has by himself or his predecessors in interest, paid all taxes of every kind levied or assessed and due against the property during the period of 5 years next preceding the filing of the complaint [.] , except that where clouds upon title to real property have been created by such person, and the action is brought to remove such clouds, or any of them, such period of actual, exclusive and adverse possession of such property shall be for more than 10 years. The action shall be commenced by the filing of a verified complaint averring the matters above enumerated.
2. The complaint must include as defendants in such action, in addition to such persons as appear of record to have some claim, all other persons who are known, or by the exercise of reasonable diligence could be known, to plaintiff to have some claim to an estate, interest, right, title, lien or cloud in or on the land described in the complaint adverse to plaintiffs ownership; and the complaint may also include as defendants any and all other persons, unknown, claiming any estate, right, title, interest or lien in such lands, or cloud upon the title of plaintiff thereto; and the plaintiff may describe such unknown defendants in the complaint as follows: Also all other persons unknown claiming any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiffs ownership, or any cloud upon plaintiffs title thereto.
κ1965 Statutes of Nevada, Page 614 (CHAPTER 285, AB 427)κ
described in the complaint adverse to plaintiffs ownership, or any cloud upon plaintiffs title thereto.
3. Within 10 days after the filing of the complaint, plaintiff shall file or cause to be filed in the office of the county recorder of the county where the property is situated, a notice of the pendency of the action containing the matters required by NRS 14.010.
________
Assembly Bill No. 432Committee on Elections
CHAPTER 286
AN ACT to amend NRS section 293.400, relating to the determination of the results of an election ending in a tie, by allowing a tie for any office of a county, township, incorporated city, city under a special charter or district located wholly within one county to be determined by lot; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.400 is hereby amended to read as follows:
293.400 1. If, after the completion of the canvass of the returns of any election, two or more persons receive an equal and the highest number of votes, [for] the winner shall be determined as follows:
(a) For United States Senator, member of Congress, district or state office, the legislature shall, by joint vote of both houses, elect one of such persons to fill the office.
(b) For any office of a county, township, incorporated city, city organized under a special charter where such charter is silent as to determination of a tie vote, or district which is wholly located within one county, the county clerk shall summon the candidates who have received the tie votes to appear before him at a time and place designated by him and determine the tie by lot. If the tie vote is for the office of county clerk, the board of county commissioners shall perform the above duties.
2. The summons mentioned in this section shall in every case be mailed to the address of the candidate as it appears upon his affidavit of registration at least 5 days before the day fixed for the determination of the tie vote and shall contain the time and place where such determination will take place.
3. The right to a recount provided in NRS 293.403 shall extend to both candidates in case of a tie.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 615κ
Assembly Bill No. 433Committee on Elections
CHAPTER 287
AN ACT to amend chapter 244 of NRS, relating to county government, and chapter 268 of NRS, relating to powers and duties of incorporated cities, by adding new sections allowing county commissioners and the governing bodies of such cities, respectively, to rent, lease or otherwise acquire voting machines in whatever manner will best serve local interests; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Boards of county commissioners may rent, lease or otherwise acquire voting machines in whatever manner will best serve local interests.
2. The provisions of NRS 244.320 shall not apply to this section.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Governing bodies of incorporated cities may rent, lease or otherwise acquire voting machines in whatever manner will best serve local interests.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 449Committee on Banking, Insurance and Corporations
CHAPTER 288
AN ACT to amend NRS section 688.245, relating to fraternal benefit society certificates, by extending the requirement of prior filing of forms to applications, riders and endorsements and requiring approval of all forms; by excepting individual instructions for the distribution or reservation of benefits; by providing for disapproval and withdrawal of approval; and by affording a hearing to the society affected; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 688.245 is hereby amended to read as follows:
688.245 1. [After July 1, 1964, no life benefit certificate shall be delivered or issued for delivery in this state unless a copy of the form shall have been filed with the commissioner.
2.] No fraternal benefit certificate may be delivered or issued for delivery in this state unless a copy of the form of such certificate has been filed with the commissioner. No application form may be used with and no rider and no endorsement, except as stated in subsection 2, may be attached to or printed or stamped upon such certificate unless the form of such application, rider or endorsement has been filed with the commissioner.
κ1965 Statutes of Nevada, Page 616 (CHAPTER 288, AB 449)κ
2, may be attached to or printed or stamped upon such certificate unless the form of such application, rider or endorsement has been filed with the commissioner. No certificates may be delivered or issued for delivery in this state and no application, riders or endorsements may be used in connection with such certificates unless approved by the commissioner as conforming to the requirements of the laws of this state and not inconsistent therewith.
2. The provisions of this section do not apply to any special rider or endorsement on any such certificate which relates only to the manner of distribution of benefits or to the reservation of rights and benefits under such certificate and which is used at the request of the individual certificate holder.
3. The commissioner may disapprove any such certificate if he finds the same contains any provision, or has any title, heading, backing or other indication or the contents of any or all of its provisions, which is likely to mislead the certificate holder or be prejudicial to his interests.
4. Every filing required to be made under this section shall be made not less than 30 days in advance of any delivery to a policy holder, contract holder or certificate holder. At the expiration of such 30 days the form so filed shall be deemed approved unless prior thereto it has been affirmatively approved or disapproved by order of the commissioner. Approval of any such form by the commissioner shall constitute a waiver of any unexpired portion of such waiting period. The commissioner may extend by not more than an additional 30 days the period within which he may so affirmatively approve or disapprove any such form, by giving notice to the insurer of such extension before expiration of the initial 30-day period. At the expiration of such period as so extended, and in the absence of such prior affirmative approval or disapproval, any such form shall be deemed approved.
5. The certificate shall contain in substance the following standard provisions or, in lieu thereof, provisions which are more favorable to the member.
(a) A title on the face and filing page of the certificate clearly and correctly describing its form.
(b) A provision stating the amount of rates, premiums or other required contributions, by whatever name known, which are payable by the insured under the certificate.
(c) A provision that the member is entitled to a grace period of not less than a full month, or 30 days at the option of the society, in which the payment of any premium after the first may be made. During such grace period the certificate shall continue in full force, but in case the certificate becomes a claim during the grace period before the overdue payment is made, the amount of such overdue payment or payments may be deducted in any settlement under the certificate.
(d) A provision that the member shall be entitled to have the certificate reinstated at any time within 3 years from the due date of the premium in default, unless the certificate has been completely terminated through the application of a nonforfeiture benefit, cash surrender value or certificate loan, upon the production of evidence of insurability satisfactory to the society and the payment of all overdue premiums and any other indebtedness to the society upon the certificate, together with interest on such premiums and such indebtedness, if any, at a rate not exceeding 6 percent per annum compounded annually.
κ1965 Statutes of Nevada, Page 617 (CHAPTER 288, AB 449)κ
premiums and any other indebtedness to the society upon the certificate, together with interest on such premiums and such indebtedness, if any, at a rate not exceeding 6 percent per annum compounded annually.
(e) Except in the case of pure endowment, annuity or reversionary annuity contracts, reducing term insurance contracts, or contracts of term insurance of uniform amount of 15 years or less expiring before age 66, a provision that, in the event of default in payment of any premium after 3 full years premiums have been paid or after premiums for a lesser period have been paid if the contract so provides, the society will grant, upon proper request not later than 60 days after the due date of the premium in default, a paid-up nonforfeiture benefit on the plan stipulated in the certificate, effective as of such due date, of such value as specified in this chapter. The certificate may provide, if the societys law so specify or if the member shall so elect prior to the expiration of the grace period of any overdue premium, that default shall not occur so long as premiums can be paid under the provisions of an arrangement for automatic premium loan as may be set forth in the certificate.
(f) A provision that one paid-up nonforfeiture benefit as specified in the certificate shall become effective automatically unless the member elects another available paid-up nonforfeiture benefit, not later than 60 days after the due date of the premium in default.
(g) A statement of the mortality table and rate of interest used in determining all paid-up nonforfeiture benefits and cash surrender options available under the certificate, and a brief general statement of the method used in calculating such benefits.
(h) A table showing in figures the value of every paid-up nonforfeiture benefit and cash surrender option available under the certificate for each certificate anniversary either during the first 20 certificate years or during the term of the certificate, whichever is shorter.
(i) A provision that the certificate shall be incontestable after it has been in force during the lifetime of the member for a period of 2 years from its date of issue except for nonpayment of premiums, violation of the provisions of the certificate relating to military, aviation or naval service and violation of the provisions relating to suspension or expulsion as substantially set forth in the certificate. At the option of the society, supplemental provisions relating to benefits in the event of temporary or permanent disability or hospitalization, and provisions which grant additional insurance specifically against death by accident or accidental means, may also be excepted. The certificate shall be incontestable on the ground of suicide after it has been in force during the lifetime of the member for a period of 2 years from date of issue. The certificate may provide, as to statements made to procure reinstatement, that the society shall have the right to contest a reinstated certificate within a period of 2 years from date of reinstatement with the same exceptions as herein provided.
(j) A provision that in case the age or sex of the member or of any other person is considered in determining the premium and it is found at any time before final settlement under the certificate that the age or sex has been misstated, and the discrepancy and premium involved have not been adjusted, the amount payable shall be such as the premium would have purchased at the correct age and sex.
κ1965 Statutes of Nevada, Page 618 (CHAPTER 288, AB 449)κ
have not been adjusted, the amount payable shall be such as the premium would have purchased at the correct age and sex. If the correct age or sex was not an insurable age or sex under the societys charter or laws, only the premiums paid to the society, less any payments previously made to the member, shall be returned or, at the option of the society, the amount payable under the certificate shall be such as the premium would have purchased at the correct age and sex according to the societys promulgated rates and any extension thereof based on actuarial principles.
(k) A provision or provisions which recite fully, or which set forth the substance of, all sections of the charter, constitution, laws, rules or regulations of the society, in force at the time of issuance of the certificate, the violation of which will result in the termination of, or in the reduction of, the benefit or benefits payable under the certificate.
(l) If the constitution or laws of the society provide for expulsion or suspension of a member, any member so expelled or suspended, except for nonpayment of a premium or within the contestable period for material misrepresentations in such members application for membership shall have the privilege of maintaining his insurance in force by continuing payment of the required premium.
[3.] 6. Any of the provisions, or portions thereof, provided for in subsection [2] 5 which are not applicable by reason of the plan of insurance or because the certificate is an annuity certificate may, to the extent inapplicable, be omitted from the certificate.
7. The commissioner may, after giving 30 days written notice with his reasons therefor to the fraternal benefit society, withdraw his approval. It is not lawful for the fraternal benefit society to issue such forms or use them after the effective date of such withdrawal of approval.
8. Upon request, the commissioner shall grant a hearing to the fraternal benefit society affected by any order under this section, in accordance with chapter 680 of NRS.
________
Assembly Bill No. 479Messrs. Swobe and Fike
CHAPTER 289
AN ACT to amend chapter 111 of NRS, relating to estates in property, by adding new sections providing for the creation of estates in community property and as tenants in common by conveyance from husband and wife; to amend NRS section 111.065, relating to joint tenancy, by providing for creation of a joint tenancy by conveyance from tenants in common or as community property to one of them and others; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
κ1965 Statutes of Nevada, Page 619 (CHAPTER 289, AB 479)κ
Sec. 2. Estates as tenants in common or estates in community property may be created by conveyance from husband and wife to themselves or to themselves and others or from a sole owner to himself and others in the same manner as a joint tenancy may be created.
Sec. 3. Tenancy in common in real or personal property may be created by a single conveyance from a husband and wife holding title as joint tenants to themselves, or to themselves and others, or to one of them and others, when such conveyance expressly declares that the grantees thereunder are tenants in common.
Sec. 4. NRS 111.065 is hereby amended to read as follows:
111.065 1. Joint tenancy in real property may be created by a single will or transfer when expressly declared in the will or transfer to be a joint tenancy, or by transfer from a sole owner to himself and others, or from tenants in common to themselves, or to themselves and others, or to one of them and others, or from a husband and wife when holding title as community property or otherwise to themselves, or to themselves and others, or to one of them and others, when expressly declared in the transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint tenants.
2. A joint tenancy in personal property may be created by a written transfer, agreement or instrument.
________
Assembly Bill No. 483Messrs. Swobe and Fike
CHAPTER 290
AN ACT to amend NRS section 247.110, relating to duties of county recorders, by prohibiting recorders from refusing to record an instrument on certain grounds; to amend NRS section 247.210, relating to recording of instruments previously recorded elsewhere, by providing that certified copies of instruments recorded in any state may be recorded in any county of this state; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 247.110 is hereby amended to read as follows:
247.110 When any instrument, paper or notice authorized by law to be recorded or filed, but not for recordation, is deposited in the county recorders office for record or for filing, the county recorder [must:] shall:
1. Endorse upon [the same] it the time when it was received, noting:
(a) The year, month, day, hour and minute of its reception.
(b) The file number thereof.
(c) The book and page where recorded or the place where filed.
(d) The amount of fees for recording or filing.
2. Record or file [the same] the instrument without delay, together with the acknowledgments, proofs and certificates, written upon or annexed to [the same,] it, with the plats, surveys, schedules and other papers thereto annexed, in order in which [the same] such instruments are received for record or for filing.
κ1965 Statutes of Nevada, Page 620 (CHAPTER 290, AB 483)κ
with the acknowledgments, proofs and certificates, written upon or annexed to [the same,] it, with the plats, surveys, schedules and other papers thereto annexed, in order in which [the same] such instruments are received for record or for filing.
3. Note at the foot of the record and upon such instrument so filed or recorded the exact time of its reception, and the name of the person at whose request it was recorded or filed.
4. No recorder may refuse to record or file any instrument, paper or notice on the grounds that such instrument, paper or notice is not legally effective to accomplish the purposes stated therein.
Sec. 2. NRS 247.210 is hereby amended to read as follows:
247.210 A copy, or a microfilm picture or photostatic copy of any instrument once recorded or filed [,] in any recording office of any state, certified by the county recorder or other appropriate official in whose office such instrument is recorded or filed, may be recorded or filed in any [other] county of this state, and when so recorded or filed the record thereof, or such filed instrument, shall have the same force and effect as though it were of the original instrument.
________
Assembly Bill No. 487Clark County Delegation
CHAPTER 291
AN ACT to amend NRS section 247.320, relating to exemption of the United States from recording fees, by allowing county recorders to collect fees for recording federal tax liens and releases filed.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 247.320 is hereby amended to read as follows:
247.320 County recorders are required [, free of charge therefor,] to file and record in their respective offices and in the books provided therefor, deeds of conveyances, judgments vesting or perfecting title in the United States, and federal tax liens and releases filed by an officer of the Federal Government, and to certify [, free of charge,] copies of such instruments furnished by the interested government representative. No fees shall be charged by the county recorder for the services mentioned in this section, with the exception of recording federal tax liens and releases filed in behalf of the Federal Government, for which the statutory fee shall be collected.
________
κ1965 Statutes of Nevada, Page 621κ
Assembly Bill No. 502Messrs. Swobe, Bailey, Harris, Mrs. Frazzini, Messrs. Wood and Kean
CHAPTER 292
AN ACT to amend an act entitled An Act to incorporate the Town of Reno, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, approved March 16, 1903, as amended.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 10.480 of Article XII of the above-entitled act, being chapter 102, Statutes of Nevada 1903, as added by chapter 223, Statutes of Nevada 1945, and amended by chapter 242, Statutes of Nevada 1963, at page 417, is hereby amended to read as follows:
Section 10.480. The city council shall have the power to hold, improve, manage, and use and dispose of all public grounds, parks, recreation centers, and all real and personal property of the city, but no leases, where the term is for more than one year or where the rental exceeds $150 per month, or sales of real property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents and taxpayers of the city, at the actual market or rental value, nor shall it be sold or leased for less than seventy-five percent of such appraised value; provided, however, that any property belonging to the city may be disposed of to the United States of America, the State of Nevada, or the county of Washoe, or any other political subdivision of the State of Nevada, at a nominal consideration whenever the public interest requires such a disposition.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 531Mr. Close
CHAPTER 293
AN ACT to amend NRS section 199.040, relating to influencing jurors, arbitrators or referees, by extending its provisions to prospective jurors.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 199.040 is hereby amended to read as follows:
199.040 Every person who shall influence, or attempt to influence, improperly, in their respective capacities as such, a juror or any person drawn or summoned as a prospective juror in a civil or criminal action or any proceeding, or any person chosen or appointed as an arbitrator or referee, in respect to his verdict, judgment, report, award or decision in any cause or matter pending or about to be brought before him, or which may prospectively be brought before him, in any case or in any manner not provided for by law, shall be guilty of a gross misdemeanor.
κ1965 Statutes of Nevada, Page 622 (CHAPTER 293, AB 531)κ
before him, or which may prospectively be brought before him, in any case or in any manner not provided for by law, shall be guilty of a gross misdemeanor.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 561Messrs. Valentine and Mello
CHAPTER 294
AN ACT authorizing the city of Sparks to issue its general obligation bonds in not to exceed the aggregate principal amount of $735,000.00 for the purpose of purchasing, constructing, installing and otherwise acquiring city hall and jail facilities; concerning the levy of taxes in connection with the bonds; providing other details appertaining to the bonds, the designated project and the taxes; and providing other matters properly relating thereto.
[Approved April 3, 1965]
Whereas, The city council of the city of Sparks, in the County of Washoe, in the State of Nevada (herein sometimes designated as the Council, the City, the County, and the State, respectively), ordered the submission of, and there was submitted at the general municipal election held in the City on Tuesday, the 4th day of June, 1963 (herein sometimes designated as the election), to the duly qualified electors of the City, a proposal authorizing the City to incur an indebtedness by the issuance of the Citys negotiable, coupon, general obligation city hall building bonds, in one series or more, in the aggregate principal amount of $735,000.00, or so much thereof as may be necessary, for the purpose of acquiring a city hall by purchase, construction, installation or other acquisition, or any combination thereof, said bonds to bear interest at a rate or rates not exceeding six per centum (6%) per annum, to mature serially commencing not later than three (3) years and extending not more than thirty-five (35) years from their date, to be payable from general tax levies, and to contain, at the Citys option, such terms, covenants and other provisions, including but not limited to provisions for the redemption of bonds prior to their maturity without or with a premium not exceeding three per centum (3%) of the principal amount thereof; and
Whereas, Said proposal was approved by a majority voting thereon of those qualified electors of the City who were owners of, or spouses of owners of, real property assessed on the City assessment roll and also by a majority voting thereon of all other qualified electors of the City; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The City, acting by and through the Council, in addition to the powers elsewhere conferred upon the City, is hereby authorized and empowered, upon its behalf, without the necessity of another election or other or further preliminaries, to issue the Citys negotiable, coupon, general obligation bonds (herein sometimes designated as the bonds), in the aggregate principal amount of not exceeding $735,000.00, or such lesser amount as may be necessary or desirable, as determined by the Council, for the purpose of purchasing, constructing, installing and otherwise acquiring city hall and jail facilities, including, without limitation, acquiring a building or buildings therefor, improvements incidental thereto, and a site or sites and grounds, structures, fixtures, equipment and furnishings therefor (or any combination thereof), and appurtenances (herein sometimes designated as the Project).
κ1965 Statutes of Nevada, Page 623 (CHAPTER 294, AB 561)κ
election or other or further preliminaries, to issue the Citys negotiable, coupon, general obligation bonds (herein sometimes designated as the bonds), in the aggregate principal amount of not exceeding $735,000.00, or such lesser amount as may be necessary or desirable, as determined by the Council, for the purpose of purchasing, constructing, installing and otherwise acquiring city hall and jail facilities, including, without limitation, acquiring a building or buildings therefor, improvements incidental thereto, and a site or sites and grounds, structures, fixtures, equipment and furnishings therefor (or any combination thereof), and appurtenances (herein sometimes designated as the Project).
Sec. 2. 1. The bonds shall be sold at public sale in accordance with NRS 350.120 to 350.160, inclusive, or at private sale, as the Council may determine, for not less than the principal amount thereof and accrued interest thereon, or, at the option of the Council, below par at a discount of not exceeding 6 percent of the principal amount thereof and at a price which will not result in a net interest rate to the City of more than 6 percent per annum computed to maturity according to standard tables of bond values including as a part of such rate the amount of discount permitted by the Council on the sale of the bonds.
2. No discount (except as herein otherwise provided) or commission shall be allowed or paid on or for any bond sale to any purchaser or bidder, directly or indirectly. Nothing herein contained shall be construed as permitting the sale of any bonds for other than lawful money of the United States of America.
3. The Council may employ legal, fiscal, engineering and other expert services in connection with the Project and the authorization, issuance and sale of the bonds.
4. 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, or shall be placed in a reserve fund to be accumulated and maintained to secure additionally the payment of such interest or principal, or both such interest and principal. Otherwise the bond proceeds shall be used to defray the cost of the Project, which cost, at the option of the Council, may include all or any part of the incidental costs appertaining to the Project, including without limiting the generality of the foregoing, preliminary expenses advanced by the City from funds available for use therefor in the making of surveys, preliminary plans, estimates of cost, other preliminaries, the costs of appraising, printing, employing engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the election, any bond sale, or otherwise appertaining to the Project, the taking of options, the issuance of bonds, the capitalization with bond proceeds of any sale discount, or interest on the bonds for any reasonable period, or both, the acquisition of properties by condemnation, or otherwise, and all other expenses necessary or desirable and appertaining to the Project, as estimated or otherwise ascertained by the Council. Bond proceeds may also be used to repay any emergency or temporary loan incurred by the City to defray temporarily all or any part of the cost of the Project.
κ1965 Statutes of Nevada, Page 624 (CHAPTER 294, AB 561)κ
5. Any unexpended balance of bond proceeds remaining after the completion of the Project shall be paid immediately into a fund created for the payment of the principal of and interest on the bonds and shall be used therefor or held as a reserve for that purpose, subject to the provisions as to the times and methods for their payment as stated in the bonds and in the proceedings authorizing their issuance.
6. The validity of the bonds shall not be dependent on nor be affected by the validity or regularity of any proceedings relating to the Project.
7. The purchaser or purchasers of any bonds shall in no manner be responsible for the application of the proceeds of the bonds by the City, or any of the officers, agents and employees of the City.
8. No bonds hereby authorized shall be delivered after the expiration of 5 years from the effective date of this act.
Sec. 3. The bonds may be issued at one time or from time to time in one series or more. Each series of bonds shall be authorized by ordinance of the City.
Sec. 4. Any ordinance may provide that each bond therein authorized shall recite that it is issued under authority hereof. Such recital shall conclusively impart full compliance with all of the provisions hereof, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
Sec. 5. 1. The bonds of any series hereunder shall:
(a) Be of convenient denominations;
(b) Be negotiable in form and payable to bearer, subject to any provisions for their registration for payment;
(c) Mature serially in regular numerical order at annual or other designated intervals, in not exceeding 35 years from the date of the bonds, and commencing not later than 3 years therefrom, in equal amounts of principal, upon an amortization plan, or in any other manner the Council may determine;
(d) Bear interest at a rate or rates of not more than 6 percent per annum, the interest on each bond to be payable annually or semiannually, except that the first interest payment date may be for interest accruing for any period not in excess of one year;
(e) Have interest coupons attached in such manner or otherwise appertain to the bonds so that the coupons can be presented for payment of the installments of interest without injury to or presentation of the bonds (unless the bonds be registered for payment as to both principal and interest and there thus be no coupons), each of which coupons shall be consecutively numbered and shall bear the number of the bond to which it appertains;
(f) Be made payable in lawful money of the United States of America, at such place or places within or without or both within and without the State, as may be provided by the Council; and
(g) Be printed at such place within or without the State, as the Council may determine.
2. Any ordinance authorizing the issuance of any bond series may provide for the redemption of any or all of the bonds prior to their respective maturities, upon such terms, in such order, or by lot, or otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the Council may determine and state in the ordinance.
κ1965 Statutes of Nevada, Page 625 (CHAPTER 294, AB 561)κ
otherwise, and upon the payment of such premium, if any, not exceeding 6 percent of the principal amount of each bond so redeemed, as the Council may determine and state in the ordinance.
3. Bonds may be issued with privileges for registration for payment as to principal alone, or both principal and interest, at any bondholders option, or for registration for payment only in either manner designated; 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 or for reconverting the bonds into coupon bonds, or both for such endorsement and such reconversion.
4. The bonds generally shall be issued in such manner, in such form, with such provisions for conversion into bonds of other denominations, with such recitals, terms, covenants and conditions, and with such other details, as may be provided by the Council in the ordinance or ordinances authorizing the bonds, except as herein otherwise provided.
5. Pending preparation of the definitive bonds, temporary bonds in such form and with such provisions as the Council may determine may be issued.
6. Subject to the payment provisions herein expressly provided, the bonds, any interest coupons appertaining thereto, and any temporary bonds shall be fully negotiable within the meaning of and for all the purposes of the Negotiable Instruments Law.
7. Notwithstanding any other provision of law, the Council in any proceedings authorizing bonds hereunder:
(a) May provide for the initial issuance of one or more bonds (in this subsection 7 called bond) aggregating the amount of the entire issue or any portion thereof;
(b) May make such provision for installment payments of the principal amount of any such bond as it may consider desirable, and for the endorsing of payments of principal on such bond;
(c) May provide for the making of any such bond payable to bearer or otherwise, registrable for payment as elsewhere provided herein, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond; and
(d) May make provision in any such proceedings for the manner and circumstances in and under 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 registered for payment, or coupon bonds with provisions for registration for payment.
8. In case any outstanding bond shall become mutilated, or be destroyed, stolen or lost, the Council, in the name and on behalf of the City, may cause to be authenticated and delivered a new bond (with appropriate coupons attached unless registered for payment as to interest) of like tenor, number and amount as the bond and appurtenant coupons, if any, so mutilated, destroyed, stolen or lost:
(a) In exchange and substitution for such mutilated bond and appurtenant coupons, if any, or
(b) In lieu of and substitution for the bond and appurtenant coupons, if any, destroyed, stolen or lost:
κ1965 Statutes of Nevada, Page 626 (CHAPTER 294, AB 561)κ
(1) Upon filing with the City evidence satisfactory to the Council that such bond and appurtenant coupons, if any, have been destroyed, stolen or lost, and proof of ownership thereof, and
(2) Upon furnishing the City with indemnity satisfactory to the Council,
upon complying with such reasonable regulations as the Council may prescribe, and upon the payment of such expenses as the City may incur in connection therewith.
9. The City may also reissue any outstanding bond (upon such terms and conditions as the Council and the holder thereof, or, if registered for payment to other than bearer, the registered owner thereof, may determine) which shall not have become mutilated, destroyed, stolen or lost, regardless of whether so provided in any proceedings authorizing its issuance.
10. Any bond shall be executed in the name of and on behalf of the City, signed by the mayor of the City, countersigned by the city clerk, ex-officio city treasurer, with the seal of the City affixed thereto, and attested by the city clerk.
11. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the city clerk, ex-officio city treasurer.
12. Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)
13. 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 hereon shall have ceased to fill their respective offices.
14. Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.
Sec. 6. Bonds issued hereunder shall be a debt of the City, and the City shall thereby pledge its full faith and credit for their payment.
Sec. 7. 1. The bonds authorized to be issued under the provisions hereof shall be payable from general (ad valorem) taxes levied against all of the taxable property in the City, including the net proceeds of mines.
2. Insofar as legally possible, within the limitations of section 2 of article 10 of the constitution of the State, the bonds shall be payable both as to principal and interest from taxes, fully sufficient for that purpose, after making due allowances for probable delinquencies, to be levied on all such taxable property within the boundaries of the City, without limitation as to rate or amount (except for the designated constitutional limitation) and without regard to any statutory limitation now or hereafter existing.
κ1965 Statutes of Nevada, Page 627 (CHAPTER 294, AB 561)κ
3. It shall be the duty of the Council and of any other body as may be charged with the duty of levying taxes in the City, annually in due season to provide for the levy of taxes fully sufficient, after making due allowances for probable delinquencies, to assure the prompt payment of all such principal and interest as the same become due.
4. In case the moneys produced from such levies, together with any other revenues of the City available therefor, are not sufficient to pay the principal of and interest on the bonds as the same become due, and to pay any defaults and deficiencies, the Council shall make such additional levies of taxes as may be necessary for such purposes, and, notwithstanding any limitations, such taxes shall be made and continue to be levied until the bonds (as well as any other bonded debt of the City) are fully paid.
5. Any such tax levy shall enjoy the same priority as provided by NRS 350.250 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.
6. The City may pay the principal of and interest on any bonds from any available revenues, and the levy or levies of general (ad valorem) taxes herein provided may be diminished to the extent such other revenues are available for the payment of such principal and interest.
Sec. 8. 1. Before the Council shall cause to be delivered bonds hereunder, all such bonds shall be registered by the city clerk, ex-officio city treasurer, in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds;
(b) The time of payment of each bond; and
(c) The rate or rates of interest which the bonds bear.
3. After registration by the city clerk, ex-officio city treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the City, upon payment being made therefor on the terms of the sale or sales.
Sec. 9. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond and any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 10. Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the State and any subdivision thereof.
Sec. 11. It shall be legal for the State and any of its agencies, departments, instrumentalities, corporations or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds. The bonds shall be authorized security for all public deposits.
κ1965 Statutes of Nevada, Page 628 (CHAPTER 294, AB 561)κ
authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving the State, any representative of the State, any other public body, corporation or other person of any duty of exercising reasonable care in selecting securities.
Sec. 12. The exercise of any power herein authorized by the Council upon behalf of the City has been determined, and is hereby declared, to effect a public purpose; and the Project, as herein authorized, shall effect a public purpose.
Sec. 13. This act being necessary to secure and preserve the public health, safety, convenience, and welfare, shall be liberally construed to effect its purpose.
Sec. 14. 1. This act, without reference to other statutes of the State, except as herein otherwise expressly provided, shall constitute full authority for the exercise of powers herein granted concerning the borrowing of money to finance the Project wholly or in part and the issuance of bonds or other securities to evidence such loans.
2. No other act or law with regard to the authorization or issuance of securities or the exercise of any other power herein granted that provides for an election, requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.
3. The provisions of no other law, either general, special or local, except as provided herein, shall apply to the doing of the things herein authorized to be done; and no public body, other than the City acting by and through the Council, shall have authority or jurisdiction over the doing of any of the acts herein authorized to be done.
4. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law.
5. Nothing contained in this act shall be construed as preventing the exercise of any power granted to the City, acting by and through the Council, or any officer, agent or employee thereof, by any other law.
6. No part of this act shall repeal or affect any other law or part thereof, it being intended that this act shall provide a separate method of accomplishing its objectives and not an exclusive one; and this act shall not be construed as repealing, amending or changing any such other law.
Sec. 15. If any section, paragraph, clause or provision of this act shall for any reason be held to be invalid or unenforcible, the invalidity or unenforcibility of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this act.
Sec. 16. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 629κ
Assembly Bill No. 567Committee on State, County and City Affairs
CHAPTER 295
AN ACT to amend an act entitled An Act fixing the compensation of the county officers of Elko County, Nevada; regulating the employment and compensation of deputies and other employees of such officers; and repealing all acts and parts of acts in conflict herewith, approved March 25, 1957, as amended.
[Approved April 3, 1965]
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 205, Statutes of Nevada 1957, as last amended by chapter 204, Statutes of Nevada 1963, at page 320, is hereby amended to read as follows:
Section 1. The compensation of the respective officers of Elko County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited and fixed monthly:
The district attorney shall receive a salary of [$8,400] $9,000 per annum.
The sheriff shall receive a salary of [$10,000] $10,600 per annum.
The county clerk shall receive a salary of [$8,400] $9,000 per annum and such additional fees as may be authorized by county ordinance enacted pursuant to the provisions of subsection 1 of NRS 122.060.
The county recorder and ex officio county auditor shall receive a salary of [$8,400] $9,000 per annum.
The county assessor shall receive a salary of [$9,600] $10,200 per annum.
The county treasurer and ex officio tax receiver shall receive a salary of [$8,400] $9,000 per annum.
The county commissioners of Elko County shall each receive a salary of [$2,400 per annum until the 1st Monday in January 1965, and a salary of $3,000 per annum on and after the 1st Monday in January 1965.] $3,000 per annum.
Sec. 2. Section 2 of the above-entitled act, being chapter 205, Statutes of Nevada 1957, as amended by chapter 352, Statutes of Nevada 1959, at page 529, is hereby amended to read as follows:
Section 2. The salaries and fees set forth in section 1 [, and fixed by formal resolution or ordinance of the board of county commissioners from time to time,] shall be in full compensation for all services whatsoever rendered by such officers.
Sec. 3. This act shall become effective on the 1st Monday of January 1967.
________
κ1965 Statutes of Nevada, Page 630κ
Assembly Bill No. 577Committee on Roads, Transportation and Aviation
CHAPTER 296
AN ACT to repeal NRS section 408.830, relating to state Route 85.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 408.830 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 604Committee on Judiciary
CHAPTER 297
AN ACT to amend NRS sections 644.030 and 644.050, relating to the state board of cosmetology, by increasing the number of members and providing for the terms of the additional members.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 644.030 is hereby amended to read as follows:
644.030 The state board of cosmetology consisting of [three] five members appointed by the governor is hereby created.
Sec. 2. NRS 644.050 is hereby amended to read as follows:
644.050 1. [Members] Except as provided in subsection 2, members of the board shall be appointed for a term of 4 years.
2. The terms of the two members appointed to increase the board to five members shall expire on June 30, 1966, and June 30, 1969, respectively.
3. Before entering upon the discharge of his duties, each member shall make and file with the secretary of state the constitutional oath of office.
[3.] 4. Vacancies occurring shall be filled by appointment by the governor for the unexpired term only.
________
κ1965 Statutes of Nevada, Page 631κ
Assembly Bill No. 607Committee on Education
CHAPTER 298
AN ACT to amend NRS section 277.050, relating to the sale, exchange or lease of real property between public agencies, by requiring sales or exchanges to be made at a price at least equal to the current appraised value.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 277.050 is hereby amended to read as follows:
277.050 1. As used in this section, public agency includes the United States or a department or agency thereof, the State of Nevada or a department or agency thereof, a county, a public corporation and a public district.
2. Without a vote of the electors of a public agency first being had, the governing body thereof is authorized:
(a) To sell or exchange to another public agency any unused real property belonging to it, which, at the time of delivery of title or possession, is no longer required for public use by the selling or exchanging public agency.
(b) To lease to another public agency, for a term not exceeding 99 years, any unused real property belonging to it, which, at the time of delivery of possession, is no longer required for public use by the lessor public agency.
3. A sale or exchange may be:
(a) Negotiated without advertising for public bids.
(b) Made for cash or property, or for part cash and property, or for part cash and terms of deferred payments secured by mortgage or deed of trust, but the purchasing public agency or exchanging public agencies shall pay or convey property worth an amount at least equal to the [assessed] current appraised value of the real property being conveyed or exchanged. Funds derived from a sale shall be used for capital outlay.
4. A lease may be:
(a) Negotiated without advertising for public bids.
(b) Made for such consideration as may be authorized by action of the governing body of the lessor public agency.
5. Before ordering the sale, exchange or lease of any such property the governing body of a public agency shall, in a regular open meeting, by a majority vote of its members, adopt a resolution declaring its intention to sell or exchange the same, or a resolution declaring its intention to lease the same, as the case may be. The resolution shall:
(a) Describe the property proposed to be sold, exchanged or leased in such a manner as to identify it.
(b) Specify the minimum price, consideration or rent and the terms upon which it will be sold, exchanged or leased.
(c) Fix a time not less than 2 weeks thereafter for a public meeting of the governing body, at which meeting objections to the sale, exchange or lease may be made by the electors of the public agency.
6. Notice of the adoption of the resolution and of the time and place of the public meeting shall be published in a newspaper of general circulation published in the county in which the public agency or any part thereof is situated.
κ1965 Statutes of Nevada, Page 632 (CHAPTER 298, AB 607)κ
place of the public meeting shall be published in a newspaper of general circulation published in the county in which the public agency or any part thereof is situated. The notice shall be published not less than twice, on successive days, the last publication to be not less than 7 days before the date of the public meeting.
7. Any resolution accepting a bid or any other form of acceptance of a bid by another public agency shall authorize and direct the chairman, president or other presiding officer of the governing body of the selling, exchanging or lessor public agency to execute a deed or lease and to deliver the same to the purchasing, exchanging or lessee public agency upon the performance and compliance by it of all the terms and conditions of the contract to be performed concurrently therewith.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 249Mr. Knisley
CHAPTER 299
AN ACT to amend NRS sections 450.030 to 450.050, inclusive, 450.070, 450.270 to 450.320, inclusive, and 450.350, relating to county hospitals, by amending provisions concerning the issuance and sale of bonds and their authorization at elections, the establishment and improvement of public hospitals and their operation and maintenance, and boards of trustees; to amend chapter 450 of NRS, relating to county hospitals, by adding provisions relating to bonds and bond elections; to repeal NRS sections 450.360 to 450.380, inclusive, relating to the redemption and sale of bonds and the disposition of bond proceeds; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 450.030 is hereby amended to read as follows:
450.030 [1.] Whenever the board of county commissioners of any county shall be presented with a petition signed by at least 30 percent of the taxpayers in such county or in each of a group of counties asking that an annual tax be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in the petition the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, each board of county commissioners shall submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county [.
2. Should a majority of all the votes cast upon the question in each county concerned be in favor of establishing such county public hospital, the board or boards of county commissioners shall immediately proceed to appoint the board of hospital trustees and issue and sell the bonds as provided in this chapter.] , as provided in NRS 350.010 to 350.070, inclusive, as from time to time amended.
κ1965 Statutes of Nevada, Page 633 (CHAPTER 299, AB 249)κ
Sec. 2. NRS 450.040 is hereby amended to read as follows:
450.040 1. Whenever the board of county commissioners of any county shall be presented with a petition signed by at least 50 percent of the taxpayers in such county or in each of a group of counties asking that an annual tax be levied for the establishing and maintenance of a public hospital, at a place in the county or counties named therein, and shall specify in the petition the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, each such board of county commissioners shall call a special election for the purpose of submitting the question of issuing bonds therefor to the qualified electors of the county [.] , as provided in NRS 350.010 to 350.070, inclusive, as from time to time amended.
2. The special election shall be held within 40 days after such petition shall have been filed with the board.
[3. Should a majority of all the votes cast upon the question in each county concerned be in favor of establishing such county public hospital, the board or boards of county commissioners shall immediately proceed to appoint the board of hospital trustees and issue and sell the bonds as provided in this chapter.]
Sec. 3. Chapter 450 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.
Sec. 4. Whenever the board of county commissioners of any county on its own motion desires to establish a county hospital, the board shall specify the maximum amount of money proposed to be expended in purchasing or building the hospital, including the acquisition of a site, and shall submit the question of issuing bonds therefor to the qualified electors of the county at a general or special election called for that purpose, as provided in NRS 350.010 to 350.070, inclusive, as from time to time amended.
Sec. 5. Whenever a question of issuing bonds submitted to the qualified electors of any county pursuant to NRS 450.030, 450.040 or section 4 of this act has been approved as provided in NRS 350.070, as from time to time amended, the board or boards of county commissioners shall immediately proceed to appoint the board of hospital trustees and shall proceed to issue and sell the bonds as provided in this chapter, subject to the provisions of NRS 350.080 to 350.200, inclusive, as from time to time amended.
Sec. 6. NRS 450.050 is hereby amended to read as follows:
450.050 In all cases where any county [hospitals have] hospital has been [erected prior to March 18, 1953,] acquired by purchase, construction, or otherwise, in any of the several counties of this state under or by virtue of any act of the legislature other than this chapter, and [have] has been governed and administered [prior to March 18, 1953,] thereunder by the board of county commissioners, or otherwise, the board of county commissioners is authorized and empowered forthwith to appoint a board of hospital trustees for such county hospital. Thereafter, all the provisions of this chapter relative to the maintenance of hospitals, election of hospital trustees, maintenance of a training school for nurses, provision for suitable care for such hospitals and disabled persons, and the administration and government of county hospitals and patients therein shall be immediately applicable and controlling with respect to the future administration, control and government of such hospital in like manner and with the same force and effect as if an election had been duly held in accordance with the provisions of this chapter, and a majority of all the votes cast had been in favor of establishing such hospital.
κ1965 Statutes of Nevada, Page 634 (CHAPTER 299, AB 249)κ
persons, and the administration and government of county hospitals and patients therein shall be immediately applicable and controlling with respect to the future administration, control and government of such hospital in like manner and with the same force and effect as if an election had been duly held in accordance with the provisions of this chapter, and a majority of all the votes cast had been in favor of establishing such hospital.
Sec. 7. NRS 450.070 is hereby amended to read as follows:
450.070 1. [Should a majority of all the votes cast upon the question in each county concerned be in favor of establishing a county public hospital, the] The board or boards of county commissioners creating a board of hospital trustees hereunder shall immediately proceed to appoint five trustees who shall constitute a board of hospital trustees for the public hospital. Such appointed trustees shall:
(a) Be chosen from the citizens at large with reference to their fitness for office.
(b) Be residents of the county or counties concerned, but not more than three shall be residents of the city or town in which the hospital is to be located.
2. The trustees so appointed shall hold their offices until the next following general election, when five hospital trustees shall be elected, who shall hold their offices, three for 2 years and two for 4 years. At subsequent general elections, the offices of the trustees whose terms of office are about to expire shall be filled by the nomination and election of hospital trustees for terms of 4 years in the same manner as other county officers are elected. No more than three members of the board shall be residents of the city or town in which the hospital is located.
3. At the general election of 1956, a complete new board of five hospital trustees shall be elected for each existing county public hospital. Three trustees shall be elected for terms of 2 years and two trustees shall be elected for terms of 4 years. Thereafter, trustees shall be elected for terms of 4 years in the same manner as other county officers are elected. No more than three members of the board shall be residents of the city or town in which the hospital is located.
Sec. 8. NRS 450.270 is hereby amended to read as follows:
450.270 Whenever any county or counties in this state shall have provided for the appointment and election of hospital trustees, and have voted [a tax] for [a term not exceeding 20 years] the issuance of bonds for hospital purposes, as authorized by law, [the] each such county shall issue bonds [in anticipation of the collection of such tax] in such sums and amounts as the board of hospital trustees shall certify to the board [or boards] of county commissioners [of the county or counties] to be necessary for the [purposes contemplated by such tax,] purpose stated in the bond question approved at the election, but such bonds in the aggregate shall not exceed the maximum amount [which might be realized by such tax based on the amount which may be yielded on the property valuation of the year in which the tax is voted.] authorized by the bond question.
Sec. 9. NRS 450.280 is hereby amended to read as follows:
Whenever the board of hospital trustees of any county shall deem it advisable that [an annual tax be levied] bonds be issued for the enlargement, maintenance, repair, improvement, or reconstruction of a public hospital, including without limitation the construction, installation and other acquisition of additional fixtures, structures, and buildings for the public hospital, equipment and furnishings therefor, and additional sites therefor (or any combination thereof), the board shall, by resolution, request the board of county commissioners of the county to [levy an annual tax] issue general obligation bonds therefor and shall specify in the resolution the maximum amount of money proposed to be expended for any or all of such purposes; and thereupon the board of county commissioners shall submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county [.]
κ1965 Statutes of Nevada, Page 635 (CHAPTER 299, AB 249)κ
it advisable that [an annual tax be levied] bonds be issued for the enlargement, maintenance, repair, improvement, or reconstruction of a public hospital, including without limitation the construction, installation and other acquisition of additional fixtures, structures, and buildings for the public hospital, equipment and furnishings therefor, and additional sites therefor (or any combination thereof), the board shall, by resolution, request the board of county commissioners of the county to [levy an annual tax] issue general obligation bonds therefor and shall specify in the resolution the maximum amount of money proposed to be expended for any or all of such purposes; and thereupon the board of county commissioners shall submit the question of issuing bonds therefor to the qualified electors of the county at the next general election to be held in the county [.] , or at any special or other election theretofore held for that purpose as the board of county commissioners may determine.
Sec. 10. NRS 450.290 is hereby amended to read as follows:
450.290 1. Four weeks notice (being five publications 1 week apart) of any election to be held pursuant to this chapter shall be given by publishing the same in one or more newspapers published in each county affected thereby, if any be published therein, otherwise by posting a written or printed notice in each precinct of the county.
2. [The notice shall:
(a) Include the text of the resolution or petition and shall state the amount and term of the county bonds proposed to be issued.
(b) State the amount of the tax proposed to be levied upon the assessed property of the county in order to pay and redeem the bonds and otherwise accomplish the purposes set out in the resolution or petition, which tax shall not exceed 2 mills on the dollar annually for a period of time not exceeding 20 years.
(c) State the purposes for which it is proposed to use the funds derived therefrom.] Except as provided in subsection 3, the notice of election shall contain:
(a) The time and places of holding the election.
(b) The hours during the day in which the polls will be open, which shall be the same as provided for general elections.
(c) The purpose for which the bonds are to be issued.
(d) The maximum amount of the bonds.
(e) The maximum rate of interest, not to exceed 6 percent per annum.
(f) The maximum number of years, not exceeding 20, which the bonds are to run.
3. If the election is consolidated with a general election, the notice of election need not set forth the places of holding the election, but may instead state that the places of holding the election shall be the same as those provided for the general election.
Sec. 11. NRS 450.300 is hereby amended to read as follows:
450.300 1. Every such election shall be held [:
(a) In] in full conformity with the provisions of NRS 350.010 to [350.200,] 350.070, inclusive [.
(b) At the usual places in each county for voting upon county officers, and shall be canvassed.] , as from time to time amended.
κ1965 Statutes of Nevada, Page 636 (CHAPTER 299, AB 249)κ
2. The board of county commissioners is authorized to employ such [additional inspectors and clerks of] election board officers as may be necessary for the [general] election.
Sec. 12. NRS 450.310 is hereby amended to read as follows:
450.310 If the result of the election in [each] the county [concerned] shall be in favor of the proposition so submitted, as provided in NRS 350.070, as from time to time amended, the board [or boards] of county commissioners shall issue such bonds [and levy such taxes] as the electors shall have authorized.
Sec. 13. NRS 450.320 is hereby amended to read as follows:
450.320 The bonds shall be in [sums] a denomination or denominations of not less than $100. [nor more than $1,000.]
Sec. 14. NRS 450.350 is hereby amended to read as follows:
450.350 The bonds [shall:
1. Be numbered consecutively.
2. Be substantially in the form provided for county bonds, but subject to changes that will conform them to the provisions of this chapter.] , except as otherwise provided in this act (chapter 450 of NRS), shall be sold and issued in compliance with and subject to the provisions of NRS 350.080 to 350.200, inclusive, and 350.250, as from time to time amended.
Sec. 15. NRS 450.360 to 450.380, inclusive, are hereby repealed.
Sec. 16. This act shall become effective upon passage and approval.
________
Assembly Bill No. 364Committee on State, County and City Affairs
CHAPTER 300
AN ACT to amend chapter 244 of NRS, relating to county government, by adding new sections authorizing public improvements, their acquisition, improvement, equipment, operation and maintenance, and the issuance of bonds for public improvements; providing for the payment of such bonds and additionally securing their payment by a pledge of county revenues; providing powers, privileges, rights, liabilities and duties in connection therewith; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 35, inclusive, of this act.
Sec. 2. Sections 2 to 35, inclusive, of this act shall be known as the County Bond Law.
Sec. 3. Except where the context otherwise requires, the definitions in sections 4 to 24, inclusive, of this act govern the construction hereof.
Sec. 4. Acquisition or acquire means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, any public body or any person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, herein authorized.
κ1965 Statutes of Nevada, Page 637 (CHAPTER 300, AB 364)κ
any person, endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, herein authorized.
Sec. 5. Board means the board of county commissioners.
Sec. 6. Building project means any public building or complex of buildings to accommodate or house lawful county activities, including without limitation courts, records, county personnel, administrative offices, welfare facilities, hospital facilities, detention home facilities, jail facilities, juvenile home facilities, library facilities, museum facilities, theater facilities, art galleries, picture galleries, auditorium facilities, exposition facilities, athletic facilities, supplies, vehicles, road maintenance equipment, and other county equipment (or any combination thereof), structures, fixtures and furniture therefor, and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor.
Sec. 7. Condemnation or condemn means the acquisition by the exercise of the power of eminent domain of property for any project, or an interest therein, herein authorized. A county may exercise in the state the power of eminent domain 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, and may condemn any existing works or facilities in the county now or hereafter used. The power of eminent domain vested in the board shall include the power to condemn, in the name of the county, either the fee simple or any lesser estate or interest in any real property which the board 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.
Sec. 8. Cost of the project, or words of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation:
1. Preliminary expenses advanced by the country from funds available for use therefor in the making of surveys, preliminary plans, estimates of costs and other preliminaries;
2. The costs of appraising, printing, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees;
3. The costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, the capitalization with bond proceeds of any sale discount and of interest on the bonds for any period not exceeding 1 year and the filing or recordation of instruments; and
4. All other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.
Sec. 9. County means any county in the state.
κ1965 Statutes of Nevada, Page 638 (CHAPTER 300, AB 364)κ
Sec. 10. Drainage and flood control project means any natural and artificial water facilities for the collection, transportation, impoundment and disposal of rainfall, storm, flood or surface drainage waters, including without limitation ditches, lakes, reservoirs, revetments, levees, dikes, walls, embankments, bridges, sewers, culverts, inlets, connections, laterals, collection lines, outfalls, outfall sewers, trunk sewers, intercepting sewers, transmission lines, conduits, syphons, sluices, flumes, canals, ditches, natural and artificial watercourses, ponds, dams, retarding basins, and other water diversion and storage facilities, pumping stations, stream gauges, rain gauges, meters, flood warning service and appurtenant telephone, telegraph, radio and television service, engines, valves, pumps, apparatus, fixtures, structures and buildings (or any combination thereof), and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor.
Sec. 11. Equipment or equip means the furnishing of all necessary or desirable, related or appurtenant, facilities, or any combination thereof, appertaining to any project, or interest therein, herein authorized.
Sec. 12. Hereby, herein, hereinabove, hereinafter, hereinbefore, hereof, hereto and hereunder refer to the County Bond Law and not solely to the particular portion thereof in which such word is used.
Sec. 13. Improvement or improve means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of any project, or an interest therein, herein authorized.
Sec. 14. Off-street parking project means parking facilities for the parking of motor vehicles off the public streets, including without limitation graded, regraded, graveled, oiled, surfaced, macadamized, paved, curbed, guttered, drained and sidewalked sites therefor, driveways, ramps, structures, buildings, elevators and traffic control equipment (or any combination thereof), and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor.
Sec. 15. 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, including without limitation approaches, ramps, structures, cross-walks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof), and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor.
Sec. 16. Park project means real property, facilities and equipment for parks, including without limitation graded, regraded, graveled, surfaced, drained, cultivated and otherwise improved sites therefor, greenhouses, bandstand and orchestra facilities, auditoriums, arenas, zoo facilities, golf course facilities, clubhouses, tennis courts, swimming pools, bathhouses, horseshoe pits, ball fields, boating facilities, swings, slides, other playground equipment, and other recreational facilities (or any combination thereof), and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor.
κ1965 Statutes of Nevada, Page 639 (CHAPTER 300, AB 364)κ
swimming pools, bathhouses, horseshoe pits, ball fields, boating facilities, swings, slides, other playground equipment, and other recreational facilities (or any combination thereof), and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor.
Sec. 17. Person means any human being, association, partnership, firm or corporation, excluding any public body and excluding the Federal Government.
Sec. 18. Project means any structure, facility, undertaking or system which a county is herein authorized to acquire, improve, equip, operate and maintain. A project may consist of any kinds of personal and real property.
Sec. 19. Property means real property and personal property.
Sec. 20. Public body means the state, or any agency, instrumentality or corporation thereof, or any municipality, county, school district, other type district, or any other political subdivision or body corporate and politic of the state.
Sec. 21. 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.
Sec. 22. State means the State of Nevada, or any agency, instrumentality or corporation thereof; and where the context so indicates, state means the geographical area comprising the State of Nevada.
Sec. 23. Street project means any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, cross-walks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, and all appurtenances and incidentals (or any combination thereof), including without limitation all types of property therefor.
Sec. 24. 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, including without limitation approaches, ramps, structures, cross-walks, sidewalks, driveways, culverts, drains, sewers, manholes, inlets, outlets, retaining walls, artificial lights, pumping equipment and ventilating equipment (or any combination thereof), and all appurtenances and incidentals necessary, useful or desirable for any such facilities, including without limitation all types of property therefor.
κ1965 Statutes of Nevada, Page 640 (CHAPTER 300, AB 364)κ
Sec. 25. Any board, upon behalf of the county and in its name, without any election, is authorized and empowered to acquire, improve, equip, operate and maintain, within the county:
1. A building project;
2. A drainage and flood control project;
3. An off-street parking project;
4. An overpass project;
5. A park project;
6. A street project; and
7. An underpass project.
Sec. 26. 1. Subject to the provisions of chapter 350 of NRS, as from time to time amended, any board, upon behalf of the county and in its name, is authorized and empowered to issue the countys general obligation bonds to acquire, to acquire and equip, to improve, or to improve and equip, any project herein authorized, or any part thereof, and thereby to defray the cost of the project wholly or in part.
2. No county shall ever become indebted by the issuance of bonds hereunder to an amount in the aggregate, including existing indebtedness of the county, excluding any outstanding revenue bonds, any outstanding special assessment bonds, any short-term securities issued in anticipation of and payable from general (ad valorem) taxes levied for the current fiscal year, and any indebtedness not evidenced by notes, bonds or other securities, exceeding 10 percent of the total last-assessed valuation of the taxable property of the county.
Sec. 27. The payment of any bonds issued hereunder may be additionally secured by a pledge of all or part of any revenues derived from the operation of any project herein authorized and from any other income-producing project of the county and derived from any license or other excise taxes levied for revenue and available for such a pledge (or any combination thereof).
Sec. 28. In order to insure the payment, wholly or in part, of the general obligation bonds of the county the payment of which bonds is additionally secured by a pledge of the revenues derived from any such income-producing project and from any such excise taxes, the board may establish and maintain, and the board may from time to time revise, a schedule or schedules of fees, rates and charges for services or facilities, or both services and facilities, rendered by or through the project, within the corporate limits of the county, and a schedule or schedules of license or other excise taxes, 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. 29. Any ordinance authorizing the issuance of bonds hereunder and any other instrument appertaining thereto may contain covenants and other provisions (notwithstanding such covenants and provisions may limit the exercise of powers conferred thereby), in order to secure the payment of such bonds, in agreement with the holders and owners of such bonds, as to any one or more of the following:
1. Any 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 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 county, derived or to be derived, from any source designated herein.
κ1965 Statutes of Nevada, Page 641 (CHAPTER 300, AB 364)κ
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 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 county, derived or to be derived, from any source designated herein.
2. The improvement and equipment of all or any part of any such project.
3. The creation and maintenance of reserves or sinking funds to secure the payment of the principal of and interest on any bonds or of operation and maintenance expenses of any 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.
4. A fair and reasonable payment by the county from its general fund or other available moneys to the account of the project for any facilities or commodities furnished or services rendered thereby to the county or any of its departments, boards or agencies.
5. The purpose or purposes to which the proceeds of the sale of bonds may be applied, and the custody, security, use, expenditure, application and disposition thereof.
6. The payment of the principal of and interest on any bonds, and the sources and methods thereof, the rank or priority of any bonds as to any lien or security for payment, or the acceleration of any maturity of any bonds, or the issuance of other or additional bonds payable from or constituting a charge against or lien upon any revenues pledged for the payment of bonds and the creation of future liens and encumbrances thereagainst, and limitations thereon.
7. The use, regulation, inspection, management, operation, maintenance or disposition, or any limitation or regulation of the use, of all or any part of any revenues of the county.
8. The determination or definition of revenues from the 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.
9. The insurance to be carried by the county and use and disposition of insurance moneys, the acquisition of completion or surety bonds, appertaining to the project or funds, or both, and the use and disposition of any proceeds of such securities.
10. Books of account, the inspection and audit thereof, and other records appertaining to the project herein authorized.
11. The assumption or payment or discharge of any indebtedness, other obligation, lien or other claim related to any part of the project or any bonds having or which may have a lien on any part of any revenues of the county.
12. Limitations on the powers of the county to acquire or operate, or permit the acquisition or operation of, any plants, structures, facilities or properties which may compete or tend to compete with the project.
κ1965 Statutes of Nevada, Page 642 (CHAPTER 300, AB 364)κ
13. The vesting in a corporate or other trustee or trustees such property rights, powers and duties in trust as the county may determine which may include any or all of the rights, powers and duties of the trustee appointed by the holders of bonds, and limiting or abrogating the right of such holders to appoint a trustee, or limiting the rights, duties and powers of such trustee.
14. The payment of costs or expenses incident to the enforcement of the bonds or of the provisions of the ordinance or of any covenant or contract with the holders of the bonds.
15. Events of default, right and liabilities arising therefrom, and the rights, liabilities, powers and duties arising from the breach by the county of any covenants, conditions or obligations.
16. The terms and conditions upon which the holders of the bonds or any portion, percentage or amount of them may enforce any covenants or provisions made hereunder or duties imposed thereby.
17. The terms and conditions upon which the holders of the bonds or of a specified portion, percentage or amount thereof, or any trustee therefor, shall be entitled to the appointment of a receiver, which receiver may enter and take possession of the 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 county itself might do.
18. A procedure by which the terms of any ordinance authorizing bonds, or any other contract with any holders of bonds, including but not limited to an indenture of trust or similar instrument, may be amended or abrogated, and as to the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given.
19. 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.
20. All such acts and things as may be necessary or convenient or desirable in order to secure the countys bonds, or in the discretion of the board tend to make the bonds more marketable, notwithstanding that such covenant, act or thing may not be enumerated herein, it being the intention hereof to give the county power to do all things in the issuance of bonds and for their security except as herein specifically limited.
Sec. 30. 1. Before the board shall cause to be delivered bonds hereunder, all such bonds shall be registered by the county treasurer in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds;
(b) The time of payment; and
(c) The rate or rates of interest which the bonds bear.
3. After registration by the county treasurer, he shall cause the bonds to be delivered to the purchaser or purchasers thereof from the county, upon payment being made therefor on the terms of the sale or sales.
κ1965 Statutes of Nevada, Page 643 (CHAPTER 300, AB 364)κ
Sec. 31. Whenever the county treasurer shall redeem and pay any of the bonds issued under the provisions of sections 2 to 35, inclusive, of this act, he shall cancel the same by writing across the face thereof or by stamping thereon the words Paid, together with the date of its payment, sign his name thereto, and transmit the same to the county auditor, taking his receipt therefor, which receipt shall subsequently be filed with the county clerks records. The county auditor shall credit the county treasurer on his books for the amount so paid.
Sec. 32. No interest shall accrue on any bond herein authorized after it becomes due and payable, provided funds for the payment of the principal and the interest on the bond any prior redemption premium due are available to the paying agent for such payment without default.
Sec. 33. Bonds issued hereunder, their transfer, and the income therefrom shall forever be and remain free and exempt from taxation by the state and any subdivision thereof.
Sec. 34. 1. It shall be legal for the state and any of its agencies, departments, instrumentalities, corporations or political subdivisions, or any political or public corporation, any bank, trust company, banker, savings bank or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association or any other person carrying on an insurance business, and any executor, administrator, curator, trustee or any other fiduciary, to invest funds or moneys in their custody in any of the bonds issued hereunder.
2. The bonds shall be authorized security for all public deposits.
3. Nothing contained in this section with regard to legal investments shall be construed as relieving the state, any representative of the state, any other public body, corporation or other person of any duty of exercising reasonable care in selecting securities.
Sec. 35. 1. No other act or law with regard to the authorization or issuance of bonds that requires an approval, or in any way impedes or restricts the carrying out of the acts herein authorized to be done, shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto, except as herein otherwise provided.
2. The powers conferred by sections 2 to 35, inclusive, of this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by sections 2 to 35, inclusive, of this act shall not affect the powers conferred by, any other law.
3. No part of sections 2 to 35, inclusive, of this act shall repeal or affect any other law or part thereof, it being intended that sections 2 to 35, inclusive, of this act shall provide a separate method of accomplishing its objectives, and not an exclusive one; and sections 2 to 35, inclusive, of this act shall not be construed as repealing, amending or changing any such other law.
Sec. 36. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 644κ
Assembly Bill No. 436Committee on Livestock
CHAPTER 301
AN ACT to amend chapter 568 of NRS, relating to grazing and ranging, by adding a new section prescribing the duties of the owner of domestic animals with respect to domestic animals upon the highway.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 568 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section, open range means all unenclosed lands, outside of cities and towns, upon which cattle, sheep or other domestic animals by custom, license, lease or permit are grazed or permitted to roam.
2. No person, firm or corporation owning, controlling or in possession of any domestic animal running on open range has the duty to keep such animal off any highway traversing or located on such range, and no such person, firm or corporation is liable for damages to any property or for injury to any person caused by any collision between a motor vehicle and an animal occurring on such highway.
3. Any person, firm or corporation negligently allowing a domestic animal to enter within a fenced highway right-of-way area shall be liable for damages caused by a collision between a motor vehicle and such animal occurring on such highway.
________
Assembly Bill No. 402Clark County Delegation
CHAPTER 302
AN ACT to amend an act entitled An Act fixing the salaries and compensation of officers, deputy officers and employees of Clark County, Nevada, and repealing all other acts and parts of acts in conflict therewith, approved March 24, 1955, as amended.
[Approved April 3, 1965]
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 206, Statutes of Nevada 1955, as last amended by chapter 334, Statutes of Nevada 1963, at page 638, is hereby amended to read as follows:
Section 1. From and after [the first Monday in January 1963,] July 1, 1965, the county officers and deputy county officers and employees of Clark County, Nevada, shall receive the following salaries and compensation for all services rendered:
1. The sheriff of Clark County shall receive an annual salary of [$14,400,] $15,600, payable in equal monthly installments, which shall be in lieu of all commissions, fees and allowances collected in his capacity as ex officio license collector, and he shall have one undersheriff to be selected by him who shall receive a monthly salary of not less than $750, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners.
κ1965 Statutes of Nevada, Page 645 (CHAPTER 302, AB 402)κ
be in lieu of all commissions, fees and allowances collected in his capacity as ex officio license collector, and he shall have one undersheriff to be selected by him who shall receive a monthly salary of not less than $750, and such other deputies and clerical help, to be named by him, as the work in his office may justify, subject to the consent of the board of county commissioners, for such compensation as shall be fixed by the board of county commissioners. He shall be allowed his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
2. The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive an annual salary of $10,000, payable in equal monthly installments, for all services in the office, and may be allowed such deputies and clerical help, to be named by such clerk, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, that the chief deputy county clerk shall receive a monthly salary of not less than $600. The county clerk shall be allowed actual traveling expenses, or those of a deputy, to consist of actual costs of transportation and living expenses while absent from the county seat in the performance of official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
3. The county assessor shall receive an annual salary of [$10,000,] $11,200, payable in equal monthly installments, as compensation for all services as such officer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivisions shall be deposited by the assessor to the credit of the county in the county general fund. The county assessor may be allowed a chief deputy who shall receive a monthly salary of not less than $600, and other deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners. The county assessor, or his deputy, shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
4. The county treasurer and ex officio tax collector shall receive an annual salary of [$9,600,] $10,800, payable in equal monthly installments for all his services as such treasurer or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipality or political subdivision shall be deposited by the treasurer to the credit of the county in the county general fund, and he may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy county treasurer shall receive a monthly salary of not less than $600. The county treasurer shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties, providing that the expenses shall be first audited and allowed by the board of county commissioners.
κ1965 Statutes of Nevada, Page 646 (CHAPTER 302, AB 402)κ
consist of actual costs of his transportation and living expenses while absent from the county seat in the performance of his official duties, providing that the expenses shall be first audited and allowed by the board of county commissioners.
5. The county recorder and auditor shall receive an annual salary of [$9,600,] $10,800, payable in equal monthly installments as compensation for all his services as such county recorder and auditor or for or on behalf of any municipality or political subdivision whatsoever, and all compensations for services to any municipal corporation or political subdivision shall be deposited by the recorder and auditor to the credit of the county in the county general fund. The county recorder and auditor may be allowed such deputies and clerical help, to be named by him, as the board of county commissioners may deem necessary, at salaries to be fixed by the board of county commissioners; provided, however, the chief deputy in the office shall receive a monthly salary of not less than $600. The county recorder and auditor shall be allowed all his actual traveling expenses, or those of his deputy, to consist of actual cost of transportation and living expenses while absent from the county seat in the performance of his official duties, provided the expenses shall be first audited and allowed by the board of county commissioners.
6. The district attorney shall receive an annual salary of $17,000, payable in equal monthly installments for all his services as such officer. The district attorney may engage in the private practice of law. He may have such deputies, clerical help or other personnel, to be named by him, as the board of county commissioners may deem necessary and at salaries to be fixed by the board of county commissioners; provided, however, the two chief deputy district attorneys, one for civil matter and one for criminal matters, shall receive a monthly salary of not less than $1,000. The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, special investigators at salaries to be fixed by the board of county commissioners. The district attorney and his deputies shall be allowed all [his] their actual traveling expenses, to consist of actual cost of [his] their transportation and living expenses while absent from the county seat in the performance of [his] their official duties, provided the expenses shall be first audited and allowed by the board of county commissioners. [The district attorney and his chief deputies shall not engage in the private practice of law.]
7. The county commissioners shall each receive an annual salary of $6,000, payable in equal monthly installments, which shall be in full compensation for all services whatsoever required of such commissioners. They shall be allowed all their actual traveling expenses, to consist of actual costs of their transportation and living expenses while absent from the county seat in the performance of their official duties, provided the expenses shall be first audited and allowed by a majority of the board of county commissioners. Each commissioner shall be entitled to traveling expenses in the sum of 10 cents per mile in traveling to and from the meetings of the commissioners. The chairman of the board of county commissioners without additional compensation, shall be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.
κ1965 Statutes of Nevada, Page 647 (CHAPTER 302, AB 402)κ
be ex officio purchasing agent of the county with such powers and duties as may be prescribed by the board of county commissioners.
Sec. 2. Notwithstanding the provisions of any other law, this act shall become effective on the first day of the first month following the passage and approval of this act. Nothing in this act shall be construed to have been repealed expressly or impliedly by the enactment of any other statute by the 53rd session of the legislature which, by its terms, prohibits the increase of salary of any elective officer of a political subdivision of this state during his term of office.
________
Assembly Bill No. 477Messrs. Swobe and Fike
CHAPTER 303
AN ACT to amend NRS section 240.040, relating to notarial seals, by requiring notation of venue, signature, and replacing the use of a seal with a stamped statement of the notarys name, capacity and the date on which his commission expires.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 240.040 is hereby amended to read as follows:
240.040 1. Each notary public shall [provide a notarial seal, an impression of which shall be made on his official bond, on which shall be engraved:
(a) The name of the county for which he is commissioned.
(b) The name of the state.
(c) The name of the notary.
(d) The words Notary Public.
2. Each notary public shall authenticate all his official acts with his notarial seal.
3. The notarial seal together with the register and official documents shall not be liable to be seized on execution.] authenticate all his official acts, including any acknowledgment, jurat, verification or other certificate, by setting forth the following:
(a) The venue;
(b) His signature; and
(c) A statement imprinted in black ink with a rubber or other mechanical stamp setting forth his name, the phrase Notary Public, State of Nevada and the date on which his commission expires.
2. After July 1, 1965, a notarial seal shall no longer be required on notarized documents, and all provisions or forms previously enacted in NRS or any other law of this state requiring the use of a notarial seal shall be construed to require, in place of the seal, the statement provided for in paragraph (c) of subsection 1.
________
κ1965 Statutes of Nevada, Page 648κ
Assembly Bill No. 525Messrs. Fike and Swobe
CHAPTER 304
AN ACT to amend NRS sections 17.150 and 21.020, relating to the docketing of judgments, the commencement and duration of liens arising therefrom and the satisfaction of such judgments by execution upon the property so encumbered, by providing that such liens commence on the date of the recording of the transcripts of such dockets in the office of the recorder of each county where the judgment debtors property is located; to repeal NRS section 17.180, relating to transcripts of dockets and liens; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 17.150 is hereby amended to read as follows:
17.150 1. Immediately after filing a judgment roll the clerk shall make the proper entries of the judgment, under appropriate heads, in the docket kept by him, [(] noting thereon the hour and minutes of the day of such entry. [), and from the time the judgment is docketed it shall become a lien upon all the real property of the judgment debtor not exempt from execution in the county, owned by him at the time, or which he may afterwards acquire, until the lien expires. The lien shall continue for 6 years, unless the judgment be stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Civil Procedure, in which case the lien of the judgment and any lien by virtue of an attachment that has been issued and levied in the action ceases, or unless the judgment be previously satisfied. But the time during which the execution of the judgment is suspended by appeal, or action of the court, or defendant, shall not be computed.
2. A judgment or decree of the district or other court of the United States in and for the District of Nevada, when docketed by the clerk thereof as herein provided, from the time of such docketing becomes a lien on all the real property of the judgment debtor not exempt from execution in the county where such judgment or decree was rendered, owned by him at the time or which he may afterwards acquire, until the lien ceases. Such lien continues for 6 years, unless the enforcement of the judgment or decree be stayed on appeal by the execution of a sufficient undertaking as provided by statutes of the United States, in which case the lien of the judgment or decree and, unless otherwise by statutes of the United States provided, of any attachment that has been levied in the action ceases.]
2. A transcript of the original docket of any judgment or decree of a district court of the State of Nevada or the District Court or other court of the United States in and for the District of Nevada, the enforcement of which has not been stayed on appeal, certified by the clerk of the court where the judgment or decree is docketed, may be recorded in the office of the county recorder in any county, and when so recorded it shall become a lien upon all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterward acquire, until the lien expires.
κ1965 Statutes of Nevada, Page 649 (CHAPTER 304, AB 525)κ
expires. The lien shall continue for 6 years from the date the judgment or decree was docketed, unless:
(a) The enforcement of the judgment or decree is stayed on appeal by the execution of a sufficient undertaking as provided in the Nevada Rules of Civil Procedure or by the Statutes of the United States, in which case the lien of the judgment or decree and any lien by virtue of an attachment that has been issued and levied in the action ceases; or
(b) The judgment is satisfied; or
(c) The lien is otherwise discharged.
The time during which the execution of the judgment is suspended by appeal, action of the court or defendant, shall not be counted in computing the time of expiration.
Sec. 2. NRS 21.020 is hereby amended to read as follows:
21.020 The writ of execution shall be issued in the name of the State of Nevada, sealed with the seal of the court, and subscribed by the clerk, and shall be directed to the sheriff; and shall intelligently refer to the judgment, stating the court, the county were the judgment roll is filed, the names of the parties, the judgment, and if it be for money, the amount thereof, and the amount actually due thereon; and if made payable in a specified kind of money or currency, as provided in NRS 17.120, the execution shall also state the kind of money or currency in which the judgment is payable, and shall require the sheriff substantially as follows:
1. If it be against the property of the judgment debtor, it shall require the sheriff to satisfy the judgment, with interest, out of the personal property of such debtor, and, if sufficient personal property cannot be found, then out of his real property; or if the judgment be a lien upon real property, then out of the real property belonging to him on the day when the [judgment was docketed; or if the execution be issued to a county other than the one in which the judgment was recovered, on the day when the] transcript of the docket was [filed] recorded in the office of the [recorder of such county, stating such day, or at any time thereafter.] county recorder of the particular county to the sheriff of which such execution is issued, stating such day, or out of such real property afterward acquired by him before the lien expires.
2. If it be against real or personal property in the hands of the personal representatives, heirs, devisees, legatees, tenants of real property, or trustees, it shall require the sheriff to satisfy the judgment, with interest, out of such property.
3. If it be against the person of the judgment debtor, it shall require the sheriff to arrest such debtor and commit him to the jail of the county until he pay the judgment, with interest, or be discharged according to law.
4. If it be issued on a judgment made payable in a specified kind of money or currency, as provided in NRS 17.120, it shall also require the sheriff to satisfy the same in the kind of money or currency in which the judgment is made payable, and the sheriff shall refuse payment in any other kind of money or currency; and in case of levy and sale of the property of the judgment debtor, he shall refuse payment from any purchaser at such sale in any other kind of money or currency than that specified in the execution; the sheriff collecting money or currency in the manner required by this chapter shall pay to the plaintiff, or party entitled to recover the same, the same kind of money or currency received by him, and in case of neglect or refusal so to do, he shall be liable on his official bond to the judgment creditor in three times the amount of money so collected.
κ1965 Statutes of Nevada, Page 650 (CHAPTER 304, AB 525)κ
purchaser at such sale in any other kind of money or currency than that specified in the execution; the sheriff collecting money or currency in the manner required by this chapter shall pay to the plaintiff, or party entitled to recover the same, the same kind of money or currency received by him, and in case of neglect or refusal so to do, he shall be liable on his official bond to the judgment creditor in three times the amount of money so collected.
5. If it be for the delivery of the possession of real or personal property, it shall require the sheriff to deliver the possession of the same, particularly describing it, to the party entitled thereto, and may at the same time require the sheriff to satisfy any costs, damages, rents or profits, recovered by the same judgment out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered to be specified therein; if a delivery thereof cannot be had, and if sufficient personal property cannot be found, then out of real property, as provided in subsection 1 of this section.
Sec. 3. NRS 17.180 is hereby repealed.
Sec. 4. Any lien lawfully attaching to real property as the result of a judgment or decree docketed prior to July 1, 1965, is not impaired or affected in any way by the passage of this act.
________
Assembly Bill No. 558Mr. Bunker and Mrs. Tyson
CHAPTER 305
AN ACT to amend chapter 350 of NRS, relating to borrowing by counties, municipalities and districts, by authorizing any county to create a single debt service fund and levy taxes sufficient to meet the consolidated requirements of principal and interest payments on its general obligation indebtedness.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 350 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. Notwithstanding the provisions of any special law authorizing the issuance of bonds or any covenant contained in any bond, the board of county commissioners of any county may provide by ordinance for the service of all general obligation bonded indebtedness of the county through a single debt service fund in the county treasury and a consolidated levy of taxes.
Sec. 3. Such ordinance shall provide that upon the first day of the ensuing fiscal year, all sinking funds or other debt service funds however denominated which have been established by statute or pursuant to covenant for general obligation indebtedness shall be merged into a single fund.
κ1965 Statutes of Nevada, Page 651 (CHAPTER 305, AB 558)κ
Sec. 4. Each levy of taxes made after the enactment of such an ordinance shall include an amount for debt service sufficient to meet all general obligation interest requirements of the fiscal year for which the levy is made and to retire all bonds scheduled for retirement during that year.
Sec. 5. The provisions of sections 2 to 4, inclusive, of this act do not in any way impair the obligation of any bond issued prior to the effective date of this act, or postpone the due date of any installment of interest or payment of principal.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 564Mr. Olsen
CHAPTER 306
AN ACT to amend chapter 277 of NRS, relating to cooperative agreements among public agencies, by adding a new section empowering any political subdivisions of the state to enter into such agreements for the performance of any governmental function; and providing other matters properly relating thereto.
[Approved April 3, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 277 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Any two or more political subdivisions of this state, including without limitation counties, incorporated cities and towns, unincorporated towns, school districts and special districts, may enter into a cooperative agreement for the performance of any governmental function. Such an agreement may include the furnishing or exchange of personnel, equipment, property or facilities of any kind, or the payment of money.
2. Every such agreement shall be by formal resolution or ordinance of the governing body of each political subdivision included, and shall be spread at large upon the minutes, or attached in full thereto as an exhibit, of each governing body.
3. Each participating political subdivision shall provide in its annual budget for the expense to be incurred under any such agreement.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 652κ
Assembly Bill No. 75Committee on Elections
CHAPTER 307
AN ACT to amend NRS sections 293.250, 293.257, 293.263, 293.265 and 293.267, relating to the form of election ballots and ballot labels, by requiring all election ballots to be in the form approved by the secretary of state and to be uniform throughout the state.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.250 is hereby amended to read as follows:
293.250 1. The secretary of state shall, in a manner not inconsistent with the election laws of this state, prescribe the form of all ballots, absent ballots, diagrams, sample ballots, ballot labels, voting machine labels, certificates, notices, declarations, affidavits of registration, lists, applications, pollbooks, registers, rosters, statements and abstracts required by the election laws of this state.
2. The form of all such ballots shall be uniform throughout the state.
Sec. 2. NRS 293.257 is hereby amended to read as follows:
293.257 1. There shall be a separate primary ballot for each political party and a separate nonpartisan primary ballot.
2. The names of candidates for partisan offices who have designated a political party in the declaration of candidacy or acceptance of candidacy shall appear on the primary ballot of the political party designated.
3. The names of candidates for nonpartisan offices shall appear on all political party primary ballots and ballot labels and on nonpartisan ballots and ballot labels.
4. The names of candidates for township and assembly district offices shall be printed only on the ballots and ballot labels furnished to voters of such township or district.
5. All such ballots shall be in the form approved by the secretary of state and shall be uniform throughout the state.
Sec. 3. NRS 293.263 is hereby amended to read as follows:
293.263 1. On political party primary ballots the name of the particular political party shall appear at the top of the ballot and the designation Candidates for partisan office shall appear under the party name. Following this designation shall appear the names of candidates grouped alphabetically under the title of the partisan office for which such candidates filed. Following the names of candidates for partisan offices shall appear the designation Candidates for nonpartisan offices and the names of candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.
2. All such ballots shall be in the form approved by the secretary of state and shall be uniform throughout the state.
Sec. 4. NRS 293.265 is hereby amended to read as follows:
293.265 1. On nonpartisan primary ballots there shall appear at the top of the ballot the designation Candidates for nonpartisan offices.
κ1965 Statutes of Nevada, Page 653 (CHAPTER 307, AB 75)κ
offices. Following this designation shall appear the names of candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.
2. All such ballots shall be in the form approved by the secretary of state and shall be uniform throughout the state.
Sec. 5. NRS 293.267 is hereby amended to read as follows:
293.267 1. General election ballots shall contain the names of candidates who were nominated at the primary election and the names of independent candidates.
2. At the top of the general election ballot shall appear the designation Candidates for partisan office. Under such designation shall appear the names of the nominated candidates grouped alphabetically under the title of the partisan office for which such candidates filed.
3. Following the names of candidates for partisan offices shall appear the designation Candidates for nonpartisan offices and the names of the nominated candidates grouped alphabetically under the title of the nonpartisan office for which such candidates filed.
4. Immediately following the name of each candidate for a partisan office shall appear the name of his political party or the word independent, as the case may be.
5. All such ballots shall be in the form approved by the secretary of state and shall be uniform throughout the state.
Sec. 6. This act shall become effective upon passage and approval.
________
Assembly Bill No. 62Committee on Judiciary
CHAPTER 308
AN ACT to amend NRS section 616.4971, relating to employment of investment counsel by the Nevada industrial commission, by setting qualifications of investment counsel prerequisite to the engaging by the commission of such investment counsel; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 616.4971 is hereby amended to read as follows:
616.4971 1. No person, firm or corporation engaged in business as a broker or dealer in securities or [having] who has a direct pecuniary interest in any such business who receives commissions for transactions performed as agent for the board shall be eligible for employment as investment counsel for the commission.
2. The commission shall not engage investment counsel [until the person, firm or corporation selected by it has] unless:
(a) The principal business of the person, firm or corporation selected by the commission consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of funds on the basis of the individual needs of each client;
κ1965 Statutes of Nevada, Page 654 (CHAPTER 308, AB 62)κ
(b) The principal ownership and control of such person, firm or corporation rests with individuals who are actively engaged in such business;
(c) Such person, firm or corporation and its predecessors have been continuously engaged in such business for a period of 10 or more years;
(d) Such person, firm or corporation is registered as an investment adviser under the laws of the United States of America as from time to time in effect;
(e) The contract between the commission and the investment counsel is of no specific duration and is voidable at any time by either party;
(f) Such person, firm or corporation is a member of the Investment Counsel Association of America; and
(g) Such person, firm or corporation has been approved by the state board of finance for employment as investment counsel.
3. The expense of such employment shall be paid from the state insurance fund.
4. All investments made by the commission and any investment program undertaken by the commission shall be subject to review by the state board of finance each quarter. If after such review, the state board of finance finds that the investment policies pursued by the commission are not in the best interests of the state insurance fund or the State of Nevada, the state board of finance may require the commission to discharge any investment counsel employed by it.
5. With the approval and consent of the state treasurer, the commission may designate the bank or banks which shall have the custody of the various investments authorized in NRS 616.4972 to 616.4983, inclusive.
6. The commission may accept due bills from brokers upon delivery of warrants if the certificates representing such investments are not readily available.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 420Mr. Valentine
CHAPTER 309
AN ACT to amend NRS section 482.290, relating to recording of motor vehicle identification numbers, by providing that such numbers shall be attached to the motor vehicle and that defacement, alteration, substitution or removal of such a number is a gross misdemeanor; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.290 is hereby amended to read as follows:
482.290 1. The department is authorized to assign a distinguishing number to any motor vehicle whenever the vehicle identification number thereon shall be destroyed or obliterated, and any motor vehicle to which there shall be assigned a distinguishing number as authorized in this section shall be registered under such distinguishing number.
κ1965 Statutes of Nevada, Page 655 (CHAPTER 309, AB 420)κ
to which there shall be assigned a distinguishing number as authorized in this section shall be registered under such distinguishing number.
2. The department shall collect a fee of $2 for the assignment and recording of each such vehicle identification number.
3. The number by which a motor vehicle is registered shall be permanently stamped or attached to the vehicle. Willful defacement, alteration, substitution, or removal of such a number with intent to defraud shall be a gross misdemeanor.
________
Assembly Bill No. 421Mr. Howard
CHAPTER 310
AN ACT fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing certain acts; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The county officers of Humboldt County, Nevada, that are named in this act shall be paid salaries, as hereinafter set out, in full compensation for their services rendered in the performance of the duties of their respective offices:
1. From July 1, 1965, until the 1st Monday in January 1967, the district attorney, sheriff, county clerk and ex officio clerk of the district court of the Sixth Judicial District of the State of Nevada, in and for the County of Humboldt, county treasurer an ex officio tax receiver, county recorder and county assessor shall each receive an annual salary of $6,600.
2. From and after the 1st Monday in January 1967, the district attorney, sheriff, county clerk and ex officio clerk of the district court of the Sixth Judicial District of the State of Nevada, in and for the County of Humboldt, county treasurer and ex officio tax receiver, county recorder and county assessor shall each receive an annual salary of not less than $6,600 nor more than $9,000.
Sec. 2. The officers named in section 1 may each employ a deputy who shall be paid the following annual salaries, from and after July 1, 1965, in full compensation for their services rendered in the performance of their duties:
Deputy sheriff or undersheriff, not less than $5,808 nor more than $7,000.
Deputy county clerk, not less than $4,686 nor more than $5,600.
Deputy county assessor, not less than $5,808 nor more than $7,000.
Deputy county recorder, not less than $4,686 nor more than $5,600.
Deputy county treasurer, not less than $4,686 nor more than $5,600.
κ1965 Statutes of Nevada, Page 656 (CHAPTER 310, AB 421)κ
Sec. 3. The county commissioners of Humboldt County shall each be paid:
1. From July 1, 1965, until the 1st Monday in January 1967, an annual salary of $2,640 in full compensation for the services rendered in the performance of their duties.
2. From and after the 1st Monday in January 1967, an annual salary of not less than $2,640 nor more than $3,600, in full compensation for the services rendered in the performance of their duties.
Sec. 4. Except as otherwise provided in this act, the board of county commissioners shall fix the salaries by resolution within the limits as designated above. No officers or deputys salary shall be increased or decreased unless such increased or decreased salary has been specifically provided for in the county budget.
Sec. 5. The district attorney may employ a deputy, a secretary and investigators, and the other officers named in section 1 may employ additional deputies or employees for such time and at such salaries as are authorized and specified by the board of county commissioners.
Sec. 6. The county assessor shall be paid for his travel expense within and about the County of Humboldt an additional sum of $900 payable in equal monthly installments. All officers, their deputies and employees shall be paid for necessary travel on county or state business compensation in amounts fixed by state law for travel expense of state employees, effective at the time such expense is incurred. The county assessor shall not be paid any expense for travel within the county other than the annual amount above provided.
Sec. 7. All fees collected by the officers in their official duties shall be paid to the county treasurer without deduction.
Sec. 8. The following acts are hereby expressly repealed:
1. Chapter 144, Statutes of Nevada 1960, at pages 220 to 222, inclusive, entitled An Act fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing a certain act; and providing other matters properly relating thereto, approved March 12, 1960.
2. Chapter 182, Statutes of Nevada 1961, at pages 283 and 284, entitled An Act to amend an act entitled An Act fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing a certain act; and providing other matters properly relating thereto, approved March 12, 1960, approved March 28, 1961.
3. Chapter 79, Statutes of Nevada 1963, at pages 80 to 82, inclusive, entitled An Act to amend an act entitled An Act fixing the compensation of county officers of Humboldt County, Nevada; regulating the employment and compensation of deputies and other employees of officers; repealing a certain act; and providing other matters properly relating thereto, approved March 12, 1960, as amended, approved March 19, 1963.
________
κ1965 Statutes of Nevada, Page 657κ
Assembly Bill No. 434Committee on Elections
CHAPTER 311
AN ACT to amend NRS section 293.475, relating to voting machines, by omitting the requirement that the ballots used in the machines conform to the ballots where voting machines are not used at general elections.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.475 is hereby amended to read as follows:
293.475 The voting devices for candidates at primary elections shall be arranged in separate parallel lines, one or more lines for each party, and in parallel office rows transverse thereto. [, and for general elections shall conform as nearly as practicable to the form of ballet provided for general elections where voting machines are not used.]
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 440Committee on Judiciary
CHAPTER 312
AN ACT to amend chapter 97 of NRS, relating to conditional sales of vehicles, by adding new sections of defining terms, regulating retail installment sales of goods and services, including vehicles, regulating time price differentials on such sales to the exclusion of general laws regulating interest rates, and providing penalties; to repeal NRS sections 97.010 to 97.060, inclusive, relating to conditional sales of vehicles; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 97 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 33, inclusive, of this act.
Sec. 2. As used in this chapter, the following terms have the meanings attributed to them in sections 3 to 16, inclusive, of this act, unless the context otherwise requires.
Sec. 3. Time price differential, however denominated or expressed, means the amount which is paid or payable for the privilege of purchasing goods or services to be paid for by the buyer in installments over a period of time. It does not include the amount, if any, charged for insurance premiums, delinquency charges, attorneys fees, court costs or official fees.
Sec. 4. Cash sale price means the price for which the seller would have sold or furnished to the buyer, and the buyer would have bought or obtained from the seller, the goods or services which are the subject matter of a retail installment transaction, if the sale had been a sale for cash. The cash sale price may include any taxes, registration and license fees, and charges for transferring vehicle titles, delivery, installation, servicing, repairs, alterations or improvements.
κ1965 Statutes of Nevada, Page 658 (CHAPTER 312, AB 440)κ
license fees, and charges for transferring vehicle titles, delivery, installation, servicing, repairs, alterations or improvements.
Sec. 5. Goods means:
1. All tangible personal property, whether movable at the time of purchase or a fixture, which is used or bought for use primarily for personal, family or household purposes; and
2. Merchandise certificates or coupons, issued by a retail seller, to be used in their face amount in lieu of cash in exchange for goods or services sold by such a seller.
Sec. 6. Official fees means fees prescribed by law for perfecting, transferring or releasing a security interest created by a retail installment transaction.
Sec. 7. Person means an individual, partnership, joint venture, corporation, association or any other group, however organized.
Sec. 8. Initial balance means the cash sale price of the goods or services which are the subject matter of a retail installment contract less the amount of the buyers down payment in money or goods or both, plus the amounts, if any, included therein, if a separate identified charge is made therefor and stated in the contract, for insurance and official fees.
Sec. 9. Rate means the percentage which, when multiplied times the unpaid balance for each month or other installment period, yields the amount of the time price differential for such month or period.
Sec. 10. Retail buyer or buyer means a person who buys or hires goods, or gives a security interest in goods, or agrees to do so, or agrees to have services rendered or furnished from a retail seller.
Sec. 11. Retail charge agreement, revolving charge agreement or charge agreement means an agreement entered into or performed in this state prescribing the terms of retail installment transactions which may be made thereunder from time to time and under the terms of which a time price differential is to be computed in relation to the buyers unpaid balance from time to time.
Sec. 12. Retail installment contract or contract means a contract, other than a retail charge agreement or an instrument reflecting a sale made pursuant thereto, entered into or performed in this state for a retail installment transaction. The term retail installment contract includes a security agreement and a bailment contract or lease if the bailee or lessee contracts to pay as compensation for their use a sum substantially equivalent to or in excess of the value of the goods and if it is agreed that the bailee or lessee is bound to become or, without giving further substantial value, has the option of becoming the owner of the goods upon full compliance with the provisions of the bailment or lease.
Sec. 13. Retail installment transaction means any transaction in which a retail buyer purchases goods or services from a retail seller pursuant to a retail installment contract or a retail charge agreement, as defined in this chapter, which provides for a time price differential and under which the buyer agrees to pay the time balance in one or more installments.
Sec. 14. Retail seller or seller means a person engaged in the business of selling goods or services to retail buyers.
κ1965 Statutes of Nevada, Page 659 (CHAPTER 312, AB 440)κ
Sec. 15. Services means work, labor or services of any kind when purchased primarily for personal, family or household use and not for commercial or business use whether or not furnished in connection with the delivery, installation, servicing, repair or improvement of goods, and includes repairs, alterations or improvements upon or in connection with real property, but does not include services for which the price charged is required by law to be determined or approved by or to be filed, subject to approval or disapproval, with the United States or any state, or any department, division, agency, officer or official of either as in the case of transportation services.
Sec. 16. Time balance means the initial balance plus the time price differential.
Sec. 17. 1. Every retail installment contract shall be contained in a single document which shall contain the entire agreement of the parties, including any promissory notes or other evidences of indebtedness between the parties relating to the transaction, except as provided in Sections 21 and 24.5 of this act, but:
(a) Where the buyers obligation to pay the time balance is represented by a promissory note secured by a chattel mortgage or other security agreement, the promissory note may be a separate instrument if the mortgage or security agreement recites the amount and terms of payment of such note and the promissory note recites that it is secured by a mortgage or security agreement.
(b) In a transaction involving the repair, alteration or improvement upon or in connection with real property, the contract may be secured by a mortgage or deed of trust on the real property contained in a separate document. Home improvement retail sales transactions which are financed or insured by the Federal Housing Administration are not subject to the provisions of this chapter.
2. The contract shall be dated, signed by the retail buyer and completed as to all essential provisions, except as otherwise provided in sections 21, 22 and 24.5 of this act. The printed or typed portion of the contract, other than instructions for completion, shall be in a size equal to at least 8-point type.
Sec. 18. The retail seller shall deliver to the retail buyer, or mail to him at his address shown on the retail installment contract, a copy of the contract as accepted by the seller, prior to the due date of the first installment. Until the seller does so the buyer shall be obligated to pay only the cash sales price. Any acknowledgment by the buyer of delivery of a copy of the contract shall be in a size equal to at least 10-point bold type and, if contained in the contract, shall appear directly above the buyers signature.
Sec. 19. 1. The retail installment contract shall contain the names of the seller and the buyer, the place of business of the seller, the residence or other address of the buyer as specified by the buyer and a description or identification of the goods sold or to be sold, or services furnished or rendered or to be furnished or rendered. The contract also shall contain the following items, which shall be set forth substantially in the sequence appearing below:
(a) The cash sale price of each item of goods or services.
κ1965 Statutes of Nevada, Page 660 (CHAPTER 312, AB 440)κ
(b) The amount of the buyers down payment, identifying the amounts paid in money and allowed for goods traded in.
(c) The difference between paragraphs (a) and (b).
(d) The aggregate amount, if any, included for insurance, specifying the type or types of insurance and the terms of coverage.
(e) The aggregate amount of official fees.
(f) The initial balance, which is the sum of paragraphs (c), (d) and (e).
(g) The amount of the time price differential.
(h) The amount of the time balance owed by the buyer to the seller, which is the sum of paragraphs (f) and (g).
(i) The number of installments required to pay the time balance, the amount of each installment, and the date for payment of the installments. If the final payment substantially exceeds the other scheduled installments, it shall be set forth separately.
2. Additional items may be included in the contract to explain the calculations involved in determining the amount to be paid by the buyer.
Sec. 20. The amount of the time price differential in any retail installment contract shall not exceed 1 percent of the initial balance multiplied by the number of months, including any excess fraction of a month as 1 month, elapsing between the date of such contract and the due date of the last installment, or $25, whichever is greater. In addition, such contract may provide for:
1. A delinquency charge on any installment delinquent 10 days or more in the amount of 5 percent of such installment or $2, whichever is greater, but not to exceed the sum of $5.
2. Reasonable collection costs and attorneys fee in the event of delinquency.
Sec. 21. 1. Retail installment contracts negotiated and entered into by mail or telephone without solicitation in the personal presence of the buyer and based upon a catalog of the seller, or other printed solicitation of business may be made as provided in this section. Such contracts when completed by the buyer need not contain the items required by section 19 of this act.
2. If such catalog or other printed solicitation clearly sets forth the cash sale prices and other terms of sales to be made through such medium, when the contract is received from the retail buyer, the seller shall prepare a written memorandum containing all of the information required by section 19 of this act to be included in a retail installment contract. In lieu of delivering a copy of the contract to the retail buyer as provided in section 18 of this act, the seller shall deliver to the buyer a copy of such memorandum prior to the due date of the first installment payable under the contract.
3. If the catalog or other printed solicitation does not set forth all of the other terms of sales in addition to the cash sale prices, such memorandum shall be delivered to the buyer prior to or at the time of delivery of the goods or services.
Sec. 22. The seller shall not obtain the signature of the buyer to any contract when it contains blank spaces of items which are essential provisions of the transaction except as provided in sections 21 and 24.5 of this act, and except that if delivery of the goods is not made at the time of the execution of the contract, the identifying numbers or marks of the goods or similar information and the due date of the first installment may be inserted by the seller in the sellers counterpart of the contract after it has been signed by the buyer.
κ1965 Statutes of Nevada, Page 661 (CHAPTER 312, AB 440)κ
provisions of the transaction except as provided in sections 21 and 24.5 of this act, and except that if delivery of the goods is not made at the time of the execution of the contract, the identifying numbers or marks of the goods or similar information and the due date of the first installment may be inserted by the seller in the sellers counterpart of the contract after it has been signed by the buyer.
Sec. 23. Notwithstanding the provisions of any retail installment contract to the contrary, and if the rights of the purchaser have not been terminated or forfeited under the terms of the contract, any buyer may prepay in full the unpaid time balance thereof at any time before its final due date and, if he does so, and if the contract is not in default under any term or condition of the contract more than 2 months, he shall receive a refund credit of the unearned portion of the time price differential for such prepayment. The amount of such refund credit shall represent at least as great a proportion of the original time price differential, after deducting therefrom a minimum charge of not to exceed $25, as the sum of the monthly or lesser periodic time balances beginning 1 month or lesser period after prepayment is made bears to the sum of all the monthly or lesser periodic time balances under the schedule of payments in the contract. Where the amount of such refund credit is less than $1, no refund need be made.
Sec. 24. Any seller who enters into any contract or agreement which does not comply with the provisions of this chapter or who violates any provision of this chapter except as a result of an accidental or bona fide error is barred from the recovery of any time price differential, official fees, or any delinquency or collection charge under or in connection with the related retail installment contract or purchased under a retail charge agreement; but the seller may nevertheless recover from the buyer an amount equal to the cash price of the goods or services and the cost to the seller of any insurance included in the transaction.
Sec. 24.5. 1. In the event subsequent retail installment purchases are made by a buyer from a seller, such subsequent retail installment purchases may, by agreement of the parties, be consolidated with a prior retail installment contract. The time price differential for such consolidated contract shall not, however, exceed the aggregate of the time price differential for:
(a) The original contract and any extension thereof by virtue of such consolidation; and
(b) The subsequent installment purchase or purchases.
2. In the event of such consolidation, in lieu of the buyers executing a retail installment contract respecting each subsequent purchase, it shall be sufficient if the seller prepares a written memorandum of each such subsequent purchase, in which case the provisions of sections 17, 18 and 19 of this act shall not be applicable. Unless previously furnished in writing to the buyer by the seller, by sales slip, memorandum or otherwise, such memorandum shall set forth with respect to each subsequent purchase the items set forth in paragraphs (a) to (f), inclusive, of subsection 1 of section 19 of this act, and in addition:
(a) The unpaid balance of the previous contract or contracts;
κ1965 Statutes of Nevada, Page 662 (CHAPTER 312, AB 440)κ
(b) The consolidated unpaid balance;
(c) The amount of the time price differential;
(d) The consolidated time balance; and
(e) The revised installments applicable to the consolidated time balance, if any, in accordance with section 19 of this act.
The seller shall deliver to the buyer a copy of such memorandum prior to the due date of the first installment of such consolidated contract.
3. When a subsequent purchase is made, the entire amount of all payments made previous thereto shall be applied toward the payment of the previous time sale price or time sale prices. Each payment thereafter received shall be allocated to all the various time sale prices in the same ratio as the original cash sale prices of the various purchases bear to one another. However, the amount of any initial or down payment on the subsequent purchase shall be allocated in its entirety to such purchase.
4. A retail installment contract may be contained in more than one document, if one such document is an original document signed by the retail buyer, stated to be applicable to purchases of goods or services to be made by the retail buyer from time to time. In such case such document, together with the sales slip, account book or other written statement relating to each purchase shall set forth all of the information required by section 19 of this act and shall constitute the retail installment contract for each purchase. On each succeeding purchase pursuant to such original document, the sales slip, account book or other written statement may at the option of the seller constitute the memorandum required by this section.
Sec. 25. 1. At or prior to the time a retail charge agreement is made the seller shall advise the buyer in writing, on the application form or otherwise, or orally, that a time price differential will be computed on the outstanding balance for each month (which need not be a calendar month) or other regular period agreed upon, the schedule or rate by which the time price differential will be computed, and that the buyer may at any time pay his total unpaid balance. If such information is given orally, the seller shall, upon approval of the buyers credit, deliver to the buyer or mail to him at his address a memorandum setting forth such information.
2. The seller or holder of a retail charge agreement shall promptly supply the buyer with a statement as of the end of each monthly period (which need not be a calendar month) or other regular period agreed upon, in which there is any unpaid balance thereunder, which statement shall set forth the following:
(a) The unpaid balance under the retail charge agreement at the beginning and at the end of the period;
(b) Unless otherwise furnished by the seller to the buyer by sales slip, memorandum or otherwise, a description or identification of the goods or services purchased during the period, the cash sale price and the date of each purchase;
(c) The payments made by the buyer to the seller and any other credits to the buyer during the period;
(d) The amount, if any, of any time price differential for such period; and
κ1965 Statutes of Nevada, Page 663 (CHAPTER 312, AB 440)κ
(e) A legend to the effect that the buyer may at any time pay his total unpaid balance.
3. A retail charge agreement may provide for a time price differential not to exceed a rate of 1.8 percent per month on the deferred balance.
Sec. 26. The time price differential shall be inclusive of all charges incident to investigating and making the retail installment contract or charge agreement and for the privilege of making the installment payments thereunder and no other fee, expense or charge whatsoever shall be taken, received, reserved or contracted therefor.
Sec. 27. If the cost of any insurance is included in the retail installment contract or retail charge agreement:
1. The contract or agreement shall state the nature, purpose, term and amount of such insurance, and in connection with the sale of a motor vehicle, the contract shall state that the insurance coverage ordered under the terms of this contract does not include bodily injury liability, public liability, and property damage liability coverage, where such coverage is in fact not included.
2. The contract or agreement shall state whether the insurance is to be procured by the buyer or the seller.
3. The amount included for such insurance shall not exceed the premiums chargeable in accordance with the rate fixed for such insurance by the insurer, except where the amount is less than $1.
4. If the insurance is to be procured by the seller or holder, he shall, within 45 days after delivery of the goods or furnishing of the services under the contract, deliver, mail or cause to be mailed to the buyer, at his address as specified in the contract, a notice thereof or a copy of the policy or policies of insurance or a certificate or certificates of the insurance so procured.
5. If any goods included in the down payment are insured, and the insurance policy or rights thereunder are assigned to the seller, the amount realized on such assignment shall be refunded to the buyer or credited on the next payment due under the contract or agreement.
6. If the contract or agreement requires the buyer to procure and furnish insurance acceptable to the seller and the buyer fails so to provide or such insurance as procured by the buyer is canceled or expires, the seller may procure such insurance in such form as the seller may deem necessary, and the cost thereof together with a time price differential may be added to the unpaid time balance.
Sec. 28. 1. No provision of a retail installment contract or retail charge agreement shall be valid by which the buyer agrees not to assert against the seller or against an assignee a claim or defense arising out of the sale.
2. No act or agreement of the retail buyer before or at the time of the making of a retail installment contract, retail charge agreement or purchases thereunder shall constitute a valid waiver of any of the provisions of this chapter or of any remedies granted to the buyer by law.
Sec. 29. The limitation imposed upon time price differentials by this chapter is exclusive, and neither the provisions of NRS 99.050 nor any other law limiting rates of interest applies to contracts or agreements governed by this chapter.
κ1965 Statutes of Nevada, Page 664 (CHAPTER 312, AB 440)κ
Sec. 30. The attorney general or the district attorney may bring an action in the name of the state against any person to restrain and prevent any violation of this chapter.
Sec. 31. In the enforcement of this chapter, the attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the district court of the county in which the alleged violator resides or has his principal place of business. No such assurance may be accepted after the commencement of any action by a district attorney under section 30 of this act without the consent of the district attorney.
Sec. 32. Any person who violates any order or injunction issued pursuant to this chapter shall forfeit and pay a civil penalty of not more than $1,000. For the purposes of this section the district court issuing any injunction shall retain jurisdiction, the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for the recovery of civil penalties.
Sec. 33. The provisions of this chapter shall not invalidate or make unlawful retail installment contracts or retail charge agreements executed prior to July 1, 1965.
Sec. 34. NRS 97.010 to 97.060, inclusive, are hereby repealed.
________
Assembly Bill No. 455Mr. Valentine
CHAPTER 313
AN ACT to amend chapter 482 of NRS, relating to motor vehicle licensing and registration, by adding a new section requiring reports of repossessed vehicles.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Any person, firm or corporation who repossesses a vehicle without the knowledge of the registered owner thereof shall immediately report such repossession by oral communication to the police of the city or to the sheriffs office of the county where such repossession is made. The officer to whom the repossession report is made shall forward a copy of such report to the department of motor vehicles.
________
κ1965 Statutes of Nevada, Page 665κ
Assembly Bill No. 475Messrs. Swobe and Fike
CHAPTER 314
AN ACT to amend NRS sections 40.470 and 40.480, relating to title or interest in real or personal property affected by the death of any person, by providing for recordation of an affidavit of termination of joint tenancy by death of the joint tenant as an alternative to petitioning the court and providing that such affidavit of termination of joint tenancy may be introduced into the record of a probate proceeding; to amend NRS section 52.070, relating to disputable presumptions, by creating such a presumption of immediate vesting of title to real property in the surviving joint tenant upon death of a joint tenant; and providing other matters properly relating thereto.
[Approved April 4, 1965]
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. 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. 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.
5. As an alternative method, whenever title or an interest in real or personal property held in joint tenancy is affected by death of any person, any person who has knowledge of the facts may file in the office of the county recorder in the county where the property is situated an affidavit reciting the existence of such property, describing such property, and establishing the death of the joint tenant or tenants by attaching a certified copy of the death certificate or certificates to such affidavit.
Sec. 2. NRS 40.480 is hereby amended to read as follows:
40.480 Any affidavit or petition, such as described in NRS 40.470, may be filed as a part of any probate proceeding.
κ1965 Statutes of Nevada, Page 666 (CHAPTER 314, AB 475)κ
Sec. 3. NRS 52.070 is hereby amended to read as follows:
52.070 All other presumptions are satisfactory, if uncontradicted. They are denominated disputable presumptions, and may be controverted by other evidence. The following are of that kind:
1. That a person is innocent of crime or wrong.
2. That an unlawful act was done with an unlawful intent.
3. That a person intends the ordinary consequences of his voluntary act.
4. That a person takes ordinary care of his own concerns.
5. That evidence willfully suppressed would be adverse if produced.
6. That higher evidence would be adverse from inferior being produced.
7. That money paid by one to another was due to the latter.
8. That a thing delivered by one to another belonged to the latter.
9. That an obligation delivered up to the debtor has been paid.
10. That former rent or installments have been paid when a receipt for the latter is produced.
11. That things which a person possesses are owned by him.
12. That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership.
13. That a person in possession of an order on himself for the payment of money, or the delivery of a thing, has paid the money or delivered the thing accordingly.
14. That a person acting in a public office was regularly appointed to it.
15. That official duty has been regularly performed.
16. That a court or judge, acting as such, whether in this state or any other state or country, was acting in the lawful exercise of his jurisdiction.
17. That a judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties.
18. That all matters within an issue were laid before the jury and passed upon by them; and in like manner, that all matters within a submission to arbitration were laid before the arbitrators and passed upon by them.
19. That private transactions have been fair and regular.
20. That the ordinary course of business has been followed.
21. That a promissory note or bill of exchange was given or endorsed for a sufficient consideration.
22. That an endorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill.
23. That a writing is truly dated.
24. That a letter duly directed and mailed was received in the regular course of the mail.
25. Identity of person from the identity of name.
26. That a person not heard from in 7 years is dead.
27. That acquiescence followed from a belief that a thing acquiesced in was conformable to the right or fact.
28. That the thing happened according to the ordinary course of nature and the ordinary habits of life.
κ1965 Statutes of Nevada, Page 667 (CHAPTER 314, AB 475)κ
29. That persons acting as copartners have entered into a contract of copartnership.
30. That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage.
31. That a child born in lawful wedlock, there being no divorce from bed and board, is legitimate.
32. That a thing once proved to exist continues as long as usual with things of that nature.
33. That the law has been obeyed.
34. That a document or writing more than 30 years old is genuine when the same has been since generally acted upon as genuine by persons having an interest in the question, and its custody has been satisfactorily explained.
35. That a printed and published book, purporting to be printed or published by public authority, was so printed or published.
36. That a printed and published book, purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published, contains correct reports of such cases.
37. That a trustee or other person, whose duty it was to convey real property to a particular person, has actually conveyed to him, when such presumption is necessary to perfect the title of such person or his successor in interest.
38. That the uninterrupted use by the public of land for a burial ground for 5 years, with the consent of the owner and without a reservation of his rights, is presumptive evidence of his intention to dedicate it to the public for that purpose.
39. That there was a good and sufficient consideration for a written contract.
40. That in the case of real property owned by two or more persons as joint tenants, all title or interest in and to such real property of each of one or more deceased joint tenants has terminated, and vested solely in the surviving joint tenant or vested jointly in the surviving joint tenants, if there has been recorded in the office of the recorder of the county or counties in which such real property is situate an affidavit, subscribed and sworn to by a person who has knowledge of the hereinafter required facts, which sets forth the following:
(a) The family relationship, if any, of affiant to each of such one or more deceased joint tenants;
(b) A description of the instrument or conveyance by which the joint tenancy was created;
(c) A description of the real property subject to such joint tenancy; and
(d) The date and place of death of each of such one or more deceased joint tenants.
A copy of the death certificate of each of such one or more joint tenants, certified to be a true copy by the public authority issuing such death certificate, shall be attached to, or made a part of, such affidavit.
________
κ1965 Statutes of Nevada, Page 668κ
Assembly Bill No. 519Clark County Delegation
CHAPTER 315
AN ACT to amend chapter 453 of NRS, relating to narcotics, by adding a new section providing a penalty for knowingly planting, cultivation and processing of marijuana.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 453 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every person who knowingly plants, cultivates, harvests, dries or processes any marijuana or any part thereof shall, upon conviction, be imprisoned in the state prison not less than 2 years or more than 5 years.
2. Upon conviction of a second offense the offender shall be imprisoned in the state prison not less than 5 years nor more than 10 years.
3. Conviction and punishment under the provisions of this section shall be in addition to, and not in lieu of, punishment for any other act for which a penalty is provided in this chapter.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 541Committee on Elections
CHAPTER 316
AN ACT to amend NRS section 293.165, relating to vacancies in nominations, by advancing the time before which designations and petitions to fill such vacancies must be filed.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.165 is hereby amended to read as follows:
293.165 1. A vacancy occurring in a party nomination for office after a primary election and before a general election may be filled by a candidate designated by the appropriate political party central committee of the county or state, as the case may be.
2. A vacancy occurring in a nonpartisan nomination shall be filled by the person who received the next highest vote for such nomination in the primary. If there is no such person, the vacancy may be filled by filing a petition with the proper filing officer designating a candidate and signed by registered voters equal in number to 5 percent of the total vote cast for Representative in Congress at the last preceding general election in the township, county, district or state, as the case may be.
κ1965 Statutes of Nevada, Page 669 (CHAPTER 316, AB 541)κ
3. All designations and petitions provided for in this section shall be filed before [5 p.m. of the 1st Wednesday in October.] 9 p.m. of the sixth Saturday preceding the general election. In each case, the statutory filing fee shall be paid and an acceptance of the nomination or designation shall be filed before [5 p.m. of the 1st Wednesday in October.] 9 p.m. of the sixth Saturday preceding the general election.
________
Assembly Bill No. 542Committee on Elections
CHAPTER 317
AN ACT to amend NRS section 293.320, relating to determining whether applicants for absent ballots are registered voters, by providing that Armed Forces personnel applying for absent ballots shall submit the form of affidavit required for registration.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 293.320 is hereby amended to read as follows:
293.320 1. The county clerk shall determine before issuing an absent ballot that the person making application is a registered voter in such county.
2. Armed Forces personnel applying for absent ballots shall complete the form of affidavit required for registration before receiving an absent ballot.
________
Assembly Bill No. 543Committee on Elections
CHAPTER 318
AN ACT to amend chapter 244 of NRS, relating to county government, by adding a new section empowering boards of county commissioners in counties of 120,000 or more population to create the office of registrar of voters, providing qualifications, duties and compensation therefor and declaring that such registrars shall assume the powers and duties of county clerks with respect to elections; to amend chapter 293 of NRS, relating to elections by adding a new section defining the term county clerk to include such registrar of elections; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 244 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. In each county having a population of 120,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the board of county commissioners shall have the power to create the office of registrar of voters, to prescribe the qualifications, duties and compensation of such office and to make appointments to such office.
κ1965 Statutes of Nevada, Page 670 (CHAPTER 318, AB 543)κ
county commissioners shall have the power to create the office of registrar of voters, to prescribe the qualifications, duties and compensation of such office and to make appointments to such office.
2. The registrar of voters, upon appointment as provided in subsection 1, shall assume all of the powers and duties heretofore vested in and imposed upon the county clerk of such county with respect to elections, except the duties imposed by virtue of NRS 293.393 to make out and deliver certificates of election.
Sec. 2. Chapter 293 of NRS is hereby amended by adding thereto a new section which shall read as follows:
Except as the term is used in NRS 293.393, whenever the term county clerk is used in this chapter it means registrar of voters in those counties where such office has been created pursuant to the provisions of section 1 of this act.
________
Assembly Bill No. 553Committee on Ways and Means
CHAPTER 319
AN ACT authorizing the Nevada tax commission to accept budgets of counties, cities and school districts for the fiscal year 1965-1966 amended only to the extent made necessary by the enactment of statutes at the 53rd session of the Nevada legislature providing additional moneys for counties, cities and school districts; authorizing school districts to include within budgets for the fiscal year 1965-1966 certain anticipated receipts; and providing other matters properly relating thereto.
[Approved April 4, 1965]
Whereas, Possibilities exist that the 53rd session of the Nevada legislature will enact statutes which will provide additional moneys for counties, cities and school districts in this state commencing July 1, 1965; and
Whereas, Counties, cities and school districts are required by the provisions of NRS 354.020 and 354.350 to prepare annual budgets between March 1 and March 15 of each year; and
Whereas, The legislation herein described, if enacted, may not be enacted until after the period provided by law for the preparation of budgets, thus creating budget difficulties for counties, cities, school districts and the Nevada tax commission; now, therefore,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Notwithstanding the provisions of NRS 354.020 and 354.350 or any other law, if a statute or statutes are enacted at the 53rd session of the legislature of the State of Nevada the effect of which will be to provide additional moneys to counties, cities or school districts in this state commencing July 1, 1965, the Nevada tax commission may, by order, accept budgets of counties, cities and school districts for the fiscal year 1965-1966 amended only to the extent made necessary by the enactment of such statutes.
κ1965 Statutes of Nevada, Page 671 (CHAPTER 319, AB 553)κ
necessary by the enactment of such statutes. The provisions of NRS 354.045, 354.360 and 354.395 shall not be construed to apply to the types of amended budgets herein described.
Sec. 2. Notwithstanding the provisions of any other law, in the preparation of its budget for the fiscal year 1965-1966 a school district shall estimate the amount of money anticipated to be received from apportionments of the state distributive school fund pursuant to the provisions of NRS 387.125 as that section reads on the effective date of this act plus that school districts anticipated share of the sum of $1,791,000, which sum may be appropriated to the state distributive school fund by the 53rd session of the legislature as additional state aid to public schools for the fiscal year 1965-1966. If a sum greater or less than $1,791,000 is appropriated by the 53rd session of the legislature to the state distributive school fund for the fiscal year 1965-1966 then school districts may amend their budgets pursuant to the provisions of section 1 of this act.
Sec. 3. This act shall become effective upon passage and approval.
________
Assembly Bill No. 591Committee on State, County and City Affairs
CHAPTER 320
AN ACT to amend the title of and to amend an act entitled An Act fixing the salaries and compensation of certain officers of Douglas County, Nevada, providing for the appointment and salaries of deputy sheriffs and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith, approved March 21, 1953, as amended.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Section 1 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended in 1965, is hereby amended to read as follows:
Section 1. The following-named officers of Douglas County, Nevada, shall receive, in full payment for all services rendered by them, the following salaries:
The sheriff shall receive the sum of [$7,800] $9,000 per annum, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of his official duties in the county. The sheriff may, with the consent and approval of the board of county commissioners, appoint [one undersheriff at a salary of not to exceed $600 per month, one lieutenant at a salary of not to exceed $575 per month, one or more sergeants at a salary of not to exceed $550 per month, and one or more deputy sheriffs at a salary of not to exceed $525 per month. The undersheriff, the lieutenant, sergeants and deputy sheriffs shall receive mileage, as may be fixed by the board of county commissioners.] one undersheriff, one lieutenant, one or more sergeants and one or more deputy sheriffs, who shall receive such salaries and mileage as shall be fixed, from time to time, by the board of county commissioners.
κ1965 Statutes of Nevada, Page 672 (CHAPTER 320, AB 591)κ
and one or more deputy sheriffs, who shall receive such salaries and mileage as shall be fixed, from time to time, by the board of county commissioners. Such salaries shall be in full payment for all services performed by the sheriff, undersheriff, lieutenant, sergeants and deputies.
Sec. 2. Section 2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 72, Statutes of Nevada 1963, at page 73, is hereby amended to read as follows:
Section 2. The assessor shall receive the sum of [$7,800] $9,000 per annum. The assessor may employ one deputy appraiser at a wage of not to exceed $3 per hour. Such salary and wages shall be in full payment for all services now required by law to be performed by the assessor and deputy appraiser. For all traveling and mileage expenses incurred by such officers in the discharge of their official duties within the county, such officers shall be reimbursed at the rate of 10 cents per mile.
Sec. 3. Section 3 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 72, Statutes of Nevada 1963, at page 73, is hereby amended to read as follows:
Section 3. The county clerk and county treasurer shall receive the sum of [$7,800] $9,000 per annum. Such salary shall be in full payment for all services now required by law to be performed by the county clerk and county treasurer, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 4. Section 4 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 72, Statutes of Nevada 1963, at page 74, is hereby amended to read as follows:
Section 4. The county recorder and county auditor shall receive the sum of [$7,800] $9,000 per annum. Such salary shall be in full payment for all services now required by law to be performed by the county recorder and county auditor, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county.
Sec. 5. Section 5 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended in 1965, is hereby amended to read as follows:
Section 5. The district attorney shall receive the sum of [$7,800] $9,000 per annum. Such salary shall be in full payment for all services now required by law to be performed by the district attorney, and for all traveling and mileage expenses of such officer in the discharge of his official duties within the county. The district attorney shall prosecute all criminal cases, attend the trials of the same at any place in Douglas County, and shall be the legal advisor for the county.
Sec. 6. Section 7 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended by chapter 72, Statutes of Nevada 1963, at page 74, is hereby amended to read as follows:
Section 7. The county commissioners of Douglas County shall receive the sum of [$3,000] $3,600 per annum each, payable monthly in 12 equal payments, and mileage at the rate of 10 cents per mile when traveling by private conveyance in the performance of their official duties in the county.
κ1965 Statutes of Nevada, Page 673 (CHAPTER 320, AB 591)κ
when traveling by private conveyance in the performance of their official duties in the county.
Sec. 7. Section 8.2 of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as last amended in 1965, is hereby amended to read as follows:
Section 8.2. Clerical employees of Douglas County elective officers shall each receive a salary [not to exceed $500 per month.] as fixed, from time to time, by the board of county commissioners.
Sec. 8. The title of the above-entitled act, being chapter 183, Statutes of Nevada 1953, as amended, is hereby amended to read as follows:
An Act fixing the salaries [and compensation of certain officers of Douglas County, Nevada, providing for the appointment and salaries of deputy sheriffs and other matters properly relating thereto, and repealing all acts and parts of acts in conflict therewith.] of and providing for the reimbursement for travel of certain officers of Douglas County, Nevada; providing that the board of county commissioners shall fix the salaries of certain deputies and clerical employees of the county; repealing all acts and parts of acts in conflict herewith; and providing other matters properly relating thereto.
Sec. 9. This act shall become effective on the 1st Monday of January 1967.
________
Assembly Bill No. 620Committee on Agriculture and Irrigation
CHAPTER 321
AN ACT to amend NRS section 539.080, relating to the compensation of directors of irrigation districts, by increasing such compensation.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 539.080 is hereby amended to read as follows:
539.080 1. The members of the board of directors shall each receive not more than [$20] $25 per day and actual traveling expenses for each day spent attending meetings of the board or while engaged in official business under the order of the board.
2. The board shall fix the compensation to be paid to the other officers named in this chapter; but the board shall, upon the petition of a majority of the electors within the district, submit to the electors at any general election of the district a schedule of salaries and fees to be paid the directors and officers thereof. Such petition shall be presented to the board 20 days prior to such general election and a schedule of salaries and fees submitted upon a two-thirds vote therefor shall be put into effect upon the first of the month next ensuing.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 674κ
Senate Bill No. 75Senator Dial
CHAPTER 322
AN ACT to amend NRS section 41.500, relating to physicians and nurses nonliability for civil damages when rendering gratuitous emergency care, by making any person nonliable except for gross negligence who renders such emergency care.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 41.500 is hereby amended to read as follows:
41.500 Any person [who is a licensed physician or nurse] in this state [,] who renders emergency care at the scene of an emergency, gratuitously and in good faith, shall not be held liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by such person in rendering the emergency care, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.
________
Senate Bill No. 118Senator Dial
CHAPTER 323
AN ACT relating to the state personnel system; to amend NRS section 284.015, by defining handicap; to amend chapter 284 of NRS, relating to the state personnel system, by adding new sections establishing policy for the employment of handicapped persons and the retention of employees with mental or emotional disorders and providing for temporary limited appointments of handicapped applicants; to amend NRS sections 284.215 and 284.355, relating to examination of disabled applicants and sick and disability leave, by including persons under mental or emotional handicap and by providing for sick and disability leave for employees with mental disorders; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 284.015 is hereby amended to read as follows:
284.015 As used in this chapter:
1. Chief means the chief of the personnel division of the department of administration.
2. Commission means the advisory personnel commission.
3. Director means the director of the department of administration.
4. Handicap includes physical disability, mental retardation and mental or emotional disorder.
5. Personnel division means the personnel division of the department of administration.
[5.] 6. Public service means positions providing service for any office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law, and supported in whole or in part by any public funds, whether such public funds are funds received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
κ1965 Statutes of Nevada, Page 675 (CHAPTER 323, SB 118)κ
office, department, board, commission, bureau, agency or institution in the executive department of the state government operating by authority of the constitution or law, and supported in whole or in part by any public funds, whether such public funds are funds received from the Government of the United States or any branch or agency thereof, or from private or any other sources.
Sec. 2. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 and 4 of this act.
Sec. 3. In order to further the efforts of the State of Nevada toward alleviating the problems of the handicapped, full consideration shall be given for the employment of such persons in positions where they meet the necessary performance requirements or in positions where performance requirements can be modified to take advantage of their abilities without detriment to the state service.
Sec. 4. In the employment and utilization of the handicapped in the state service, continued efforts shall be made to retain employees with remediable mental or emotional disorders. Separation or disability retirement is in order only after it becomes apparent that the condition does not respond to treatment and that extended absence from work will be required.
Sec. 5. NRS 284.215 is hereby amended to read as follows:
284.215 Persons under such [physical disability] handicap as not to make them ineligible by reason thereof shall be examined in such manner as will fairly test their ability to perform the duties of the position, notwithstanding such [physical disability.] handicap.
Sec. 6. NRS 284.355 is hereby amended to read as follows:
284.355 1. Except as provided in [subsection 2,] subsections 2 and 3, all employees in the public service, whether in the classified or unclassified service, shall be entitled to sick and disability leave with pay of 1 1/4 working days for each month of service, which may be cumulative from year to year not to exceed 90 working days. The personnel division may by regulation provide for additional sick and disability leave for long-term employees, and for prorated sick and disability leave for part-time employees.
2. Officers and members of the faculty of the University of Nevada shall be entitled to sick and disability leave as provided by the rules and regulations prescribed pursuant to subsection 2 of NRS 284.345.
3. The personnel division may by regulation provide policies concerning employees with mental or emotional disorders which will:
(a) Utilize a liberal approach to the granting of sick leave or leave without pay when it is necessary for them to be absent for treatment or temporary hospitalization.
(b) Retain their jobs for reasonable periods of absence, and where extended absence necessitates separation or retirement, reemploy them if at all possible after recovery.
(c) Protect employee benefits such as retirement, life insurance and health benefits.
Sec. 7. Chapter 284 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Notwithstanding any other provisions of this chapter, in order to assist handicapped persons, appointing authorities are encouraged and authorized to make temporary limited appointments of handicapped persons for not to exceed 700 hours notwithstanding that the positions so filled are continuing positions.
κ1965 Statutes of Nevada, Page 676 (CHAPTER 323, SB 118)κ
assist handicapped persons, appointing authorities are encouraged and authorized to make temporary limited appointments of handicapped persons for not to exceed 700 hours notwithstanding that the positions so filled are continuing positions. Such appointments need not be made from appropriate eligible lists, but positions in the classified service above class grade 25 or their equivalent shall not be filled by such temporary limited appointments. All such handicapped appointees shall possess the qualifications for the positions to which they are appointed.
2. The chief shall prescribe rules and regulations to implement the provisions of subsection 1.
3. Nothing contained in this section shall be construed to deter or prevent appointing authorities from employing:
(a) Physically handicapped persons when available and eligible for permanent employment.
(b) Handicapped persons employed pursuant to the provisions of subsection 1 in permanent employment if such persons qualify for permanent employment before the termination of their temporary limited appointments.
________
Senate Bill No. 142Committee on Judiciary
CHAPTER 324
AN ACT to repeal NRS section 419.030, expressly repealed in 1963 and thereafter amended.
[Approved April 4, 1965]
Whereas, By the provisions of section 3 of chapter 360, Statutes of Nevada 1963, which became effective April 18, 1963, NRS 419.030 was expressly repealed; and
Whereas, By the provisions of section 149, chapter 404, Statutes of Nevada 1963, which became effective July 1, 1963, NRS 419.030 was then amended, such amendment effecting only formal changes resulting from reorganization of the executive department of the state government; and
Whereas, It was not the intention of the legislature to revive NRS 419.030 by its subsequent amendment which was occasioned by clerical error; and
Whereas, Legislative action is now proper to prevent the possibility of an implied revival of NRS 419.030; now, therefor,
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 419.030 is hereby repealed.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 677κ
Senate Bill No. 210Senators Bay and Bissett
CHAPTER 325
AN ACT to amend NRS section 484.600, relating to the maximum width of vehicles, permits for increased size and weight, and special permits for movement of trailer coaches, by providing for annual permits for trailer coaches; adding the term mobile home where trailer coach is used; providing requirements for vehicles used to tow trailers exceeding 18,000 pounds in gross weight; imposing axle-weight limitations; providing for special permits for trailers over 10 feet but 12 feet or less in width; prescribing requirements for tow vehicles; and prescribing conditions and requirements for issuance of permits and movement of such trailers; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 484.600 is hereby amended to read as follows:
484.600 1. As used in this section special mobile equipment means a vehicle, not self-propelled, not designed or used primarily for the transportation of persons or property, and only incidentally operated or moved over a highway, excepting implements of husbandry.
2. The department of highways with respect to highways under its jurisdiction and governing bodies of cities and counties with respect to roads under their jurisdiction may, in their discretion, upon application in writing, authorize the applicant to operate or move a vehicle, combination of vehicles, special mobile equipment, or load thereon of a size or weight exceeding the legal maximum, or to use corrugations on the periphery of the movable tracks on a traction engine or tractor, the propulsive power of which is not exerted through wheels resting on the roadway but by means of a flexible band or chain, or, under emergency conditions, to operate or move a type of vehicle otherwise prohibited by law, upon any highway under the jurisdiction of such department or governing body granting such permit.
3. Except as otherwise provided in this section, the legal maximum width of any vehicle, combination of vehicles, special mobile equipment, or load thereon shall not exceed 96 inches.
4. If a vehicle is equipped with pneumatic tires, the maximum width from the outside of one wheel and tire to the outside of the opposite outer wheel and tire shall not exceed 102 inches, but in such event the outside width of the body of such vehicle or the load thereon shall not exceed 96 inches.
5. If a vehicle is carrying a load of loosely piled agricultural products such as hay, straw or leguminous plants in bulk but not crated, baled, boxed or sacked, such load of loosely piled material and any loading racks retaining such load shall not exceed 120 inches in width.
6. Lights or devices which are required to be mounted upon a vehicle under this chapter may extend beyond the permissible width of the vehicle to a distance not exceeding 10 inches on each side of the vehicle, except that the maximum width shall not exceed 120 inches.
7. Door handles, hinges, cable cinchers and chain binders may extend 3 inches on each side, except that the maximum width of body and door handles, hinges, cable cinchers or chain binders shall not exceed 102 inches.
κ1965 Statutes of Nevada, Page 678 (CHAPTER 325, SB 210)κ
and door handles, hinges, cable cinchers or chain binders shall not exceed 102 inches.
8. No passenger vehicle shall be operated on any highway with any load carried thereon extending beyond the line of the hubcaps on its left side or more than 6 inches beyond the line of the hubcaps on its right side.
9. The provisions of this section with respect to maximum widths do not apply to implements of husbandry incidentally operated, transported, moved or towed over a highway. If an implement of husbandry is transported or moved over a highway which is a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., as a load on another vehicle, if such load exceeds 96 inches in width, such vehicle and load shall not be operated for a distance of more than 25 miles from the point of origin of the trip and shall not be operated at a speed in excess of 30 miles per hour. If an implement of husbandry is transported or moved over any other highway as a load on another vehicle, if such load exceeds 120 inches in width, such vehicle and load shall not be operated for a distance of more than 25 miles from the point of origin of the trip and shall not be operated at a speed in excess of 30 miles per hour.
10. Subject to the provisions of subsection 2 of this section, the following vehicles shall not exceed a width of 120 inches:
(a) Any trailer or semitrailer, including lift carriers and tip-bed trailers, used exclusively for the transportation of implements of husbandry by farmers or implement dealers.
(b) Special mobile equipment.
(c) Highway construction or maintenance equipment.
This subsection does not apply to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., if such application would prevent this state from receiving any federal funds for highway purposes.
11. The department of highways may, upon application in writing, if good cause appears, issue a special or annual permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of the maximum width, but not exceeding, except as further provided in this section, 120 inches [including] exclusive of appendages [.] which shall not extend beyond 3 inches on either side. Such application for a special permit shall specifically describe the trailer coach or mobile home to be moved and the particular highway over which the [coach] unit is to be moved pursuant to the permit, and whether the permit is requested for a single trip or for continuous operation. The department of highways may establish seasonal or other time limitations within which the trailer coach or mobile home described may be moved on the highways indicated, and may require an undertaking or other security as may be deemed necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of trailer coaches or mobile homes as provided for in this subsection may not be issued except to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:
κ1965 Statutes of Nevada, Page 679 (CHAPTER 325, SB 210)κ
not be issued except to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:
(a) The power unit used to tow overwidth trailers or mobile homes having a gross weight of 18,000 pounds or less must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power [.
(b) The trailer coach for which the permit is issued shall not have a gross weight in excess of 18,000 pounds.] equipped with dual wheels.
(b) The power unit used to tow an overwidth trailer coach or mobile home having a gross weight in excess of 18,000 pounds must be a one-and-one-half ton, or larger, truck or tractor equipped with dual wheels.
(c) The mobile home for which the permit is issued must comply with the provisions of NRS 484.530, 484.540 and 484.550 relating to axle weight limitations.
(d) Evidence of insurance shall be furnished by the insurer verifying coverage of the overwidth trailer coach or mobile home in the amounts of $100,000 because of bodily injury to or death of one person in any one accident, and subject to such limit for one person, in the amount of $300,000 because of bodily injury to or death of two or more persons in any one accident and in the amount of $50,000 because of injury to or destruction of property of others in any one accident.
A permit which has been issued for the movement of a trailer coach or mobile home shall not be valid between sunset and sunrise of the following day, nor between sunset on Friday to sunrise on Monday following, nor on any days declared to be legal holidays. The department of highways shall have authority to establish additional reasonable permit regulations, as they may deem necessary in the interest of public safety, which regulations shall be consistent with this section. Every permit shall be carried in the trailer coach or mobile home or power unit to which it refers and shall be open to inspection of any peace officer or traffic officer, any authorized agent of such department or any other officer or employee charged with the care and protection of the highways.
It is a misdemeanor for any person to violate any of the terms or conditions of any such special permit [.] or annual permit.
To the extent that the application of this subsection to highways which are a part of the National System of Interstate and Defense Highways, as described in subsection (d) of section 103 of Title 23, U.S.C., would cause this state to be deprived of any federal funds for highway purposes, this subsection to such extent shall not apply to highways which are a part of such system.
12. The department of highways may, upon application in writing, if good cause appears, issue a special permit in writing authorizing the applicant to move a trailer coach or mobile home in excess of 120 inches in width but not exceeding 144 inches in width, exclusive of appendages, which shall not extend beyond 3 inches on either side. The movement of such trailer coach or mobile home shall, in addition to the conditions and requirements of subsection 11, be subject to the following requirements and conditions:
(a) Wide-load signs and red flags shall be on the front of the towing vehicle and on the rear of the trailer coach or mobile home.
κ1965 Statutes of Nevada, Page 680 (CHAPTER 325, SB 210)κ
(b) The towing vehicle shall be a one-and-one-half ton or larger truck or tractor equipped with dual wheels.
(c) No permit shall be issued unless the applicant presents evidence satisfactory to the department of highways that he is financially responsible and that he has complied or is able to comply with the equipment requirements.
(d) As an additional warning to approaching traffic, the towing vehicle shall operate with the headlights turned on low beam.
(e) The driver of the towing vehicle shall do everything possible to prevent the congestion or slowing down of traffic in either direction due to the overwidth trailer and shall, if necessary to maintain the normal flow of traffic, drive the towing vehicle and trailer coach or mobile home off the pavement where safe to do so, in order that traffic may pass.
(f) When two or more trailer coaches or mobile homes in excess of 120 inches in width are moved over the same highway in the same direction, the drivers of the towing vehicles shall maintain a distance of at least 1,000 feet between vehicles.
(g) The department of highways may designate the highways over which trailers in excess of 120 inches in width may be moved, and may require a pilot car to precede or follow the load.
________
Senate Bill No. 241Committee on Finance
CHAPTER 326
AN ACT to amend NRS sections 218.085 and 344.050, relating to the legislative fund and to state printing, by providing that official printing for members of the legislature be done in the state printing office at the expense of the legislative fund.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 218.085 is hereby amended to read as follows:
218.085 1. The legislative fund is hereby created as a continuing fund in the state treasury for the use of the legislature.
2. Support for the legislative fund shall be provided by legislative appropriation from the general fund.
3. Except as provided in subsection 4, expenditures from the legislative fund shall be made only for the purpose of carrying out the provisions of NRS 218.090 to 218.230, inclusive, NRS 218.280 to 218.520, inclusive, and section 33 of article 4 of the constitution of the State of Nevada, for reimbursement of the superintendent of state printing for the printing of legislators official stationery, cards and other material appropriate to their official duties, as may be authorized by the committee on legislative functions of each house, for the purchase of necessary supplies and equipment, and for the payment of routine operating expenses.
κ1965 Statutes of Nevada, Page 681 (CHAPTER 326, SB 241)κ
4. Expenditures from the legislative fund for purposes other than those specified in subsection 3 of this section shall be made only upon the authority of a concurrent resolution regularly adopted by the senate and assembly.
5. All moneys in the legislative fund shall be paid out on claims approved by the director of the legislative counsel bureau as other claims against the state are paid.
Sec. 2. NRS 344.050 is hereby amended to read as follows:
344.050 1. The superintendent of state printing shall not permit any other than state work to be done in the state printing office.
2. All state officers, boards, commissions, trustees, regents and directors required or authorized by law to make reports or to publish circulars, bulletins, printed books, stationery or printed matter of any kind shall have the printing and binding of the same done at the state printing office at the expense of their respective funds or appropriations.
3. The following pamphlets, bulletins and leaflets shall be printed:
Annual register of the University of Nevada.
Nevada mining laws.
Nevada land laws.
Nevada election laws.
Nevada official election returns.
General corporation laws.
Foreign corporation laws.
State school laws.
Fish and game laws.
Pharmacy law.
List of registered physicians.
Insurance laws.
Banking laws.
Necessary briefs, transcripts and other legal work for the public service commission.
4. The printing of official stationery, cards and other material appropriate to the official duties of members of the legislature shall be done in the state printing office at the expense of the legislative fund.
5. Invitations, tickets of admission, programs, menus or the like for any state institution or school shall not be considered state printing, and the superintendent of state printing is directed not to accept the same.
[5.] 6. Nothing in this chapter shall be construed to mean that the superintendent of state printing is required or expected to perform any work other than that which the type, machinery and other printing and binding appliances in the state printing office will permit.
Sec. 3. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 682κ
Assembly Bill No. 587Mr. Pozzi
CHAPTER 327
AN ACT to amend chapter 341 of NRS, relating to the state planning board, by adding new sections declaring public policy and prescribing the duty of the board of regents of the University of Nevada to use the services of the state planning board; to amend NRS section 341.150, relating to engineering and architectural services provided by the state planning board, by extending such services to all buildings constructed on state property and to include acceptance of completion; providing an exception; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 341 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. 1. The legislature hereby finds as facts:
(a) That the construction of public buildings is a specialized field requiring for its successful accomplishment a high degree of skill and experience not ordinarily acquired by public officers and employees whose primary duty lies in some other field.
(b) That such construction involves the expenditure of large amounts of public moneys which, whatever their particular constitutional, statutory or governmental source, involve a public trust.
(c) That the application by using agencies of conflicting standards of performance results in wasteful delays and increased costs in the performance of public works.
2. The legislature therefore declares it to be the policy of this state that all construction of public buildings upon property of the state or held in trust for any division of the state government be supervised by, and final authority for its completion and acceptance vested in, the state planning board as provided in NRS 341.150.
Sec. 3. It is expressly prescribed to be the duty of the board of regents of the University of Nevada to use the services of the state planning board, as provided in NRS 341.150, for the construction of all buildings, the money for which is appropriated by the legislature, upon the real property of the university.
Sec. 4. NRS 341.150 is hereby amended to read as follows:
341.150 1. The state planning board shall furnish engineering and architectural services to all state departments, boards of commissions charged with the construction of any [state] building [,] constructed on state property or the money for which is appropriated by the legislature [.] , except highway maintenance buildings. All such departments, boards or commissions are required and authorized to use such services.
2. The services shall consist of:
(a) Preliminary planning.
(b) Designing.
(c) Estimating of costs.
(d) Preparation of detailed plans and specifications.
κ1965 Statutes of Nevada, Page 683 (CHAPTER 327, AB 587)κ
The board may submit preliminary plans or designs to qualified architects or engineers for preparation of detailed plans and specifications if the board deems such action desirable. The cost of preparation of preliminary plans or designs, the cost of detailed plans and specifications, and the cost of all architectural and engineering services shall be charges against the appropriations made by the legislature for any and all state buildings or projects, or buildings or projects planned or contemplated by any state agency for which the legislature has appropriated or may appropriate funds. The costs shall not exceed the limitations that are or may be provided by the legislature.
3. The board shall:
(a) Have final authority for approval as to architecture of all buildings, plans, designs, types of construction, major repairs and designs of landscaping.
(b) Solicit bids for and let all contracts for new construction or major repairs.
(c) Have authority to reject any or all bids.
(d) After the contract is let, have supervision and inspection of construction or major repairs. The cost of supervision and inspection shall be a charge against the appropriation or appropriations made by the legislature for the building or buildings.
(e) Have final authority to accept each building as completed or to require necessary alterations to conform to the contract, and to file the notice of completion.
Sec. 5. This act shall become effective upon passage and approval.
________
Senate Bill No. 310Committee on Judiciary
CHAPTER 328
AN ACT to amend NRS section 482.180, relating to the motor vehicle fund and the payment of motor vehicle privilege taxes collected to counties and their distribution by counties to recipients, by providing that the method of distribution will be based upon the previous fiscal years property tax distribution; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 482.180 is hereby amended to read as follows:
482.180 1. There is hereby created in the state treasury a fund which shall be known as the motor vehicle fund. The state treasurer shall deposit all money received by him from the department or otherwise under the provisions of this chapter in the motor vehicle fund.
2. Funds for the administration of the provisions of this chapter, except for the provisions relating to collection of privilege taxes on vehicles, shall be provided by direct legislative appropriation from the state highway fund, upon the presentation of budgets in the manner required by law.
κ1965 Statutes of Nevada, Page 684 (CHAPTER 328, SB 310)κ
the state highway fund, upon the presentation of budgets in the manner required by law. Out of such appropriation the department shall pay every item of expense, except expenses incurred in the collection or privilege taxes on vehicles, which may be properly charged against the department, including the salaries of the clerks employed in the department. Funds for the payment of all administrative expenses incurred in the collection of privilege taxes on vehicles shall be provided by direct legislative appropriation from the general fund in the state treasury. All claims for such expenses and salaries shall be certified to the state board of examiners and paid as other claims against the state are paid.
3. The department shall certify monthly to the state board of examiners the amount of privilege taxes collected for each county by the department and its agents during the preceding month, and such funds shall be paid monthly to each county assessor in the same manner as other claims against the state are paid. Privilege taxes collected on vehicles subject to the provisions of chapter 706 of NRS and engaged in interstate or intercounty operations shall be distributed among the counties in the following percentages:
Churchill...................... 5.21 percent Lincoln.......................... 3.12 percent
Clark............................. 22.54 percent Lyon.............................. 2.90 percent
Douglas....................... 2.52 percent Mineral......................... 2.40 percent
Elko............................... 13.31 percent Nye................................ 4.09 percent
Esmeralda.................... 2.52 percent Ormsby......................... 1.07 percent
Eureka.......................... 3.10 percent Pershing....................... 7.00 percent
Humboldt..................... 8.25 percent Storey........................... .19 percent
Lander.......................... 3.88 percent Washoe........................ 12.24 percent
White Pine................... 5.66 percent
4. Each county assessor shall distribute such funds in the same manner, to the same recipients, and in the same ratio, as personal property taxes [on motor vehicles] were distributed in the [last] previous fiscal year, [during which motor vehicles were taxed as personal property,] but the State of Nevada shall not be entitled to share in any such distribution. The county shall be entitled to reserve 5 percent of such funds as commission to the county for assisting the collection of such taxes, and shall remit 1 percent of such funds to the state treasurer for deposit in the general fund as commission to the state for collecting such taxes.
5. When the foregoing requirements have been met, the state controller shall transfer monthly to the state highway fund any balance in the motor vehicle fund.
________
κ1965 Statutes of Nevada, Page 685κ
Assembly Bill No. 63Committee on Judiciary
CHAPTER 329
AN ACT to amend NRS section 286.680, relating to employment of investment counsel by the public employees retirement board, by setting qualifications of investment counsel prerequisite to the engaging by the board of such investment counsel; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 286.680 is hereby amended to read as follows:
286.680 1. Notwithstanding the provisions of chapter 355 of NRS or of any other law, the board may invest and reinvest the moneys in its funds as provided in NRS 286.690 to 286.800, inclusive, and may employ investment counsel for such purpose. The provisions of NRS 286.680 to 286.800, inclusive, shall not be deemed to prevent the board from making investments in accordance with the provisions of chapter 355 of NRS.
2. No person, firm or corporation engaged in business as a broker or dealer in securities or [having] who has a direct pecuniary interest in any such business who receives commissions for transactions performed as agent for the board shall be eligible for employment as investment counsel for the board.
3. The board shall not engage investment counsel [until the person, firm or corporation selected by it has] unless:
(a) The principal business of the person, firm or corporation selected by the board consists of rendering investment supervisory services, that is, the giving of continuous advice as to the investment of funds on the basis of the individual needs of each client;
(b) The principal ownership and control of such person, firm or corporation rests with individuals who are actively engaged in such business;
(c) Such person, firm or corporation and its predecessors have been continuously engaged in such business for a period of 10 or more years;
(d) Such person, firm or corporation is registered as an investment adviser under the laws of the United States of America as from time to time in effect;
(e) The contract between the retirement board and the investment counsel is of no specific duration and is voidable at any time by either party;
(f) Such person, firm or corporation is a member of the Investment Counsel Association of America; and
(g) Such person, firm or corporation has been approved by the state board of finance for employment as investment counsel.
4. The expense of such employment shall be paid out of the public employees retirement fund.
5. All investments made by the board and any investment program undertaken by the board shall be subject to review by the state board of finance each quarter. If after such review, the state board of finance finds that the investment policies pursued by the board are not in the best interests of the system or the state, the state board of finance may require the board to discharge any investment counsel employed by it.
κ1965 Statutes of Nevada, Page 686 (CHAPTER 329, AB 63)κ
finds that the investment policies pursued by the board are not in the best interests of the system or the state, the state board of finance may require the board to discharge any investment counsel employed by it.
6. With the approval and consent of the state treasurer, the board may designate the bank or banks which shall have the custody of the various investments authorized in NRS 286.690 to 286.800, inclusive.
7. The board may accept due bills from brokers upon delivery of warrants if the certificates representing such investments are not readily available.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 310Committee on Judiciary
CHAPTER 330
AN ACT to amend NRS section 37.120, relating to the date of accrual of the right to compensation and damages in condemnation actions, by providing that in protracted cases where the delay is not caused by the condemnee the right to compensation and damages shall be deemed to have accrued at the date of service of summons or at the date of trial, whichever results in the greater compensation and damages; and providing other matters properly relating thereto.
[Approved April 4, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 37.120 is hereby amended to read as follows:
37.120 1. For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of the service of summons, and its actual value at that date shall be the measure of compensation for all property to be actually taken, and the basis of damages to property not actually taken, but injuriously affected, in all cases where such damages are allowed, as provided in NRS 37.110 [.] , except that:
(a) In any action pending on the effective date of this act in which the issue is not tried within 3 years after the date of commencement of the action, unless the delay is caused primarily by the defendant, the right to compensation and damages shall be deemed to have accrued at the date of service of summons or at the date of trial, whichever results in the greater compensation and damages. As used in this paragraph, primarily is construed to mean the last act of either party that would carry the action past 3 years.
(b) In any action commenced after the effective date of this act in which the issue is not tried within 2 years after the date of commencement of the action, unless the delay is caused primarily by the defendant, the right to compensation and damages shall be deemed to have accrued at the date of service of summons or at the date of trial, whichever results in the greater compensation and damages. As used in this paragraph, primarily is construed to mean the last act of either party that would carry the action past 2 years.
κ1965 Statutes of Nevada, Page 687 (CHAPTER 330, AB 310)κ
paragraph, primarily is construed to mean the last act of either party that would carry the action past 2 years.
2. No improvements put upon the property subsequent to the date of service of summons shall be included in the assessment of compensation or damages [.] , regardless of the date upon which the right to compensation and damages is deemed to have accrued.
Sec. 2. This act shall become effective upon passage and approval.
________
Assembly Bill No. 376Messrs. Johnson, Mello, Mrs. Frazzini, Mr. Godbey, Miss Herr, Mrs. Tyson, Messrs. Giomi, Harris, Jacobsen, Mrs. Parsons, Messrs. Delaney, Petrini, Manning, Leavitt, Rosaschi, Jones, Howard, Alleman, Olsen and Pozzi
CHAPTER 331
AN ACT to amend Title 18 of NRS, relating to the state executive department, by adding a new chapter creating a commission on Indian affairs, defining terms, establishing the composition, powers and duties of such commission; and providing other matters properly relating thereto.
[Approved April 5, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 18 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 11, inclusive, of this act.
Sec. 2. As used in sections 2 to 11, inclusive, of this act:
1. Chairman means the chairman of the Indian affairs commission.
2. Commission means the Indian affairs commission.
3. Commissioner means a commissioner of the Indian affairs commission.
Sec. 3. There is hereby created the Indian affairs commission in which shall be vested the administration of sections 2 to 11, inclusive, of this act.
Sec. 4. 1. The commission shall consist of seven commissioners, of whom at least three shall be Indians.
2. The commissioners shall be appointed by and serve at the pleasure of the governor and may be reappointed by him. However, the tenure of office of each commissioner shall not extend beyond 3 years from the date of his original appointment.
3. The governor shall have authority to fill all vacancies created by death, resignation or inability of a commissioner to perform his duties.
Sec. 5. The commission may incur all necessary expenses within the limits of legislative appropriations to effectuate its purposes.
Sec. 6. 1. The commissioners shall designate a chairman and secretary. The commissioners shall meet at least four times each year and at such places and times as shall be specified by a call of the chairman or majority of the commission.
κ1965 Statutes of Nevada, Page 688 (CHAPTER 331, AB 376)κ
at such places and times as shall be specified by a call of the chairman or majority of the commission. The commission shall prescribe regulations for its own management. Four members of the commission shall constitute a quorum which may exercise all the authority conferred upon the commission.
2. The commission may employ an executive director and may employ such other employees as it finds necessary to carry out its functions, within the limits of legislative appropriations.
Sec. 7. The chairman shall, subject to the approval of the commission, and within the limits of legislative appropriations, employ and fix the salaries or contract for the services of such professional, technical, clerical and operational personnel as the functions of the commission may require.
Sec. 8. All personnel of the commission shall be exempt from the provisions of chapter 284 of NRS, and shall be entitled to such leaves of absence as may be prescribed by the commission.
Sec. 9. Commissioners who are not in the regular employ of the State of Nevada shall receive a per diem allowance of $25 for time actually spent on the work of the commission, and reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the rate provided by law. Commissioners who are in the regular employ of the state shall receive no per diem allowance, but shall receive reimbursement for board, lodging and traveling expenses incurred while away from their respective places of abode at the rate provided by law in lieu of other provisions made by law for reimbursement of their expenses as state employees. Claims for payment of all expenses incurred by the commission, including the per diem allowances and expenses of its commissioners, shall be made on vouchers and paid as other claims against the state are paid.
Sec. 10. The purpose of the commission shall be to study matters affecting the social and economic welfare and well-being of American Indians residing in Nevada including, but not limited to, matters and problems relating to Indian affairs and to federal and state control, responsibility, policy and operations affecting such Indians. The commission shall recommend necessary or appropriate action, policy and legislation or revision of legislation and administrative agency regulations pertaining to such Indians. The commission shall make and report from time to time its findings and recommendations to the legislature, to the governor and to the public and shall so report at least once each year.
Sec. 11. The commission shall have additional authority to:
1. Appoint advisory committees whenever necessary or appropriate to assist and advise the commission in the performance of its duties and responsibilities under this chapter.
2. Negotiate and contract with such other agencies, public or private, as it deems necessary or appropriate for such services, facilities, studies and reports to the commission as will best enable it to carry out the purposes for which it is created and to receive grants and donations for such purposes.
3. Cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with its study or investigation of any matter within the scope of this chapter.
κ1965 Statutes of Nevada, Page 689 (CHAPTER 331, AB 376)κ
and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with its study or investigation of any matter within the scope of this chapter.
________
Assembly Bill No. 404Messrs. Close and Bunker
CHAPTER 332
AN ACT relating to civil rights; to amend chapter 651 of NRS, relating to public accommodations, by adding new sections defining terms, providing for equal enjoyment without discrimination based on race, color, religion or national origin, providing a penalty, providing for civil actions, authorizing local ordinances, and providing for orders and injunctions; to amend chapter 613 of NRS, relating to fraudulent and discriminatory employment practices, by adding new sections defining terms, prohibiting discriminatory practices based on race, color, religion or national origin, providing exceptions, and providing for orders and injunctions; to amend NRS section 233.060, relating to the powers and duties of the commission, by providing for findings of fact and rule making; and providing other matters properly relating thereto.
[Approved April 5, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 651 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8.5, inclusive, of this act.
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, place of public accommodation means:
1. Any inn, hotel, motel or other establishment which provides lodging to transient guests, except an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
2. Any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, casino or any facility where spirituous or malt liquors are sold, including any such facility located on the premises of any retail establishment;
3. Any gasoline station;
4. Any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
5. Any establishment physically containing or contained within any of the establishments described in subsections 1 to 4, inclusive, which holds itself out as serving patrons of such described establishment.
Sec. 3. The provisions of sections 2 to 8, inclusive, of this act do not apply to any private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of section 2 of this act.
Sec. 4. All persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion or national origin.
κ1965 Statutes of Nevada, Page 690 (CHAPTER 332, AB 404)κ
the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion or national origin.
Sec. 5. 1. Any person is guilty of a misdemeanor who:
(a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by section 4 of this act; or
(b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by section 4 of this act; or
(c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by section 4 of this act.
2. A prosecution for violation of a local ordinance authorized by section 7 of this act shall bar any prosecution under this section.
Sec. 6. 1. Any person who:
(a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by section 4 of this act; or
(b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by section 4 of this act; or
(c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by section 4 of this act,
is liable to the person whose rights under section 4 of this act are affected for the actual damages and for the additional sum of $250, to be recovered by a civil action in a court in and for the county in which the infringement of civil rights occurred or in which the defendant resides.
2. In an action brought under this section, the court may award costs and reasonable attorneys fees to the prevailing party.
Sec. 7. Any county or incorporated city of this state may adopt a local ordinance prohibiting infringement of the rights or privileges secured by section 4 of this act, but no such ordinance may apply to any establishment outside the scope of sections 2 and 3 of this act or impose a penalty more severe than that provided by section 5 of this act. A prosecution under section 5 of this act shall bar any prosecution under an ordinance authorized by this section.
Sec. 8. When any complaint is filed with the Nevada commission on equal rights of citizens alleging violation of the rights or privileges secured by section 4 of this act, or when the commission initiates its own investigation of any such violation, the commission may, but only after holding a public hearing:
1. Make appropriate findings of fact;
2. Serve a copy of such findings upon any person found to have committed any such violation within 20 days after any such finding of violation is made; and
3. If such person does not cease and desist from the violation so found within 20 days after service is so made, apply to the appropriate district court for an injunction against such continued violation.
κ1965 Statutes of Nevada, Page 691 (CHAPTER 332, AB 404)κ
In hearing and deciding on the application for an injunction, the court may consider only evidence introduced at a hearing before the commission for the purpose of determining whether the commissions findings or order were arbitrary, capricious or without foundation.
Sec. 8.5. No criminal or civil action authorized by sections 5 to 7, inclusive, of this act may be brought after the expiration of 30 days from the date of the act complained of. When a complaint is filed with the Nevada commission on equal rights of citizens pursuant to section 8 of this act, the limitation provided by this section is tolled as to any action authorized by sections 5 to 7, inclusive, of this act during the pendency of such complaint before the commission.
Sec. 9. Chapter 613 of NRS is hereby amended by adding thereto the provisions set forth as sections 10 to 21.5, inclusive, of this act.
Sec. 10. As used in sections 10 to 21, inclusive, of this act, unless the context otherwise requires:
1. Employer means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:
(a) The United States or any corporation wholly owned by the United States.
(b) Any Indian tribe.
(c) Any private membership club exempt from taxation under section 501(c) of the Internal Revenue Code of 1954.
2. Employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.
3. Labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.
4. Person includes a corporation, association, company, firm, labor organization, partnership, legal representative, mutual company, joint-stock company, trust, unincorporated organization, trustee, trustee in bankruptcy, receiver, the State of Nevada or any of its political subdivisions, as well as a natural person.
Sec. 11. Sections 10 to 21, inclusive, of this act do not apply to:
1. Any employer with respect to employment outside this state.
2. Any religious corporation, association or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities.
Sec. 12. 1. It is an unlawful employment practice for an employer:
(a) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such individuals race, color, religion or national origin; or
(b) To limit, segregate or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individuals race, color, religion or national origin.
κ1965 Statutes of Nevada, Page 692 (CHAPTER 332, AB 404)κ
would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individuals race, color, religion or national origin.
2. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion or national origin.
3. It is an unlawful employment practice for a labor organization:
(a) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion or national origin;
(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individuals race, color, religion or national origin; or
(c) To cause or attempt to cause an employer to discriminate against an individual in violation of this section.
4. It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of his race, color, religion or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.
Sec. 13. 1. It is unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by sections 10 to 21, inclusive, of this act, or because he has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under sections 10 to 21, inclusive, of this act.
2. It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion or national origin when religion or national origin is a bona fide occupational qualification for employment.
Sec. 14. Notwithstanding any other provision of sections 10 to 21, inclusive, of this act:
1. It is not an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and
κ1965 Statutes of Nevada, Page 693 (CHAPTER 332, AB 404)κ
hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion or national origin in those certain instances where religion or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise; and
2. It is not an unlawful employment practice for a school, college, university or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled or managed by a particular religion or by a particular religious corporation, association or society, or if the curriculum of such school, college, university or other educational institution or institution of learning is directed toward the propagation of a particular religion.
Sec. 15. As used in sections 10 to 21, inclusive, of this act, the phrase unlawful employment practice does not include any action or measure taken by an employer, labor organization, joint labor-management committee or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950.
Sec. 16. Notwithstanding any other provision of sections 10 to 21, inclusive, of this act, it is not an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if:
1. The occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any executive order of the President; and
2. Such individual has not fulfilled or has ceased to fulfill that requirement.
Sec. 17. Notwithstanding any other provision of sections 10 to 21, inclusive, of this act, it is not an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion or national origin, nor is it an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion or national origin.
κ1965 Statutes of Nevada, Page 694 (CHAPTER 332, AB 404)κ
intention to discriminate because of race, color, religion or national origin, nor is it an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test, provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion or national origin.
Sec. 18. Nothing contained in sections 10 to 21, inclusive, of this act applies to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.
Sec. 19. Nothing contained in sections 10 to 21, inclusive, of this act requires any employer, employment agency, labor organization or joint labor-management committee subject to sections 10 to 21, inclusive, of this act to grant preferential treatment to any individual or to any group because of the race, color, religion or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion or national origin in any community, section or other area, or in the available work force in any community, section or other area.
Sec. 20. When any complaint is filed with the Nevada commission on equal rights of citizens alleging any unfair employment practice within the scope of sections 10 to 19, inclusive, of this act, or when the commission initiates its own investigation of any such practice, the commission may, but only after holding a public hearing:
1. Make appropriate findings of fact;
2. Serve a copy of such findings upon any person found to have engaged in any such practice within 20 days after any such finding of unfair practice is made; and
3. If such person does not cease and desist from the unfair practice so found within 20 days after service is so made, apply to the appropriate district court for an injunction against such continued unfair practice.
In hearing and deciding on the application for an injunction, the court may consider only evidence introduced at a hearing before the commission for the purpose of determining whether the commissions findings were arbitrary, capricious or without foundation.
Sec. 21. Any person injured by an unfair employment practice within the scope of sections 10 to 19, inclusive, of this act, or the Nevada commission on equal rights of citizens, may apply to the district court for an order granting or restoring to such person the rights to which he is entitled under such sections.
Sec. 21.5. No action authorized by section 21 of this act may be brought after the expiration of 60 days from the date of the act complained of.
κ1965 Statutes of Nevada, Page 695 (CHAPTER 332, AB 404)κ
brought after the expiration of 60 days from the date of the act complained of. When a complaint is filed with the Nevada commission on equal rights of citizens pursuant to section 20 of this act, the limitation provided by this section is tolled as to any action authorized by section 21 of this act during the pendency of such complaint before the commission.
Sec. 22. NRS 233.060 is hereby amended to read as follows:
233.060 The commission shall:
1. Foster mutual understanding and respect among all racial, religious and ethnic groups in the State of Nevada.
2. Aid in securing equal health and welfare services and facilities for all the residents of the State of Nevada without regard to race, religion or nationality.
3. Study and investigate problems arising between groups in the State of Nevada which may result in tensions, discrimination or prejudice because of race, color, creed, national origin or ancestry, and formulate and carry out programs of education and disseminate information with the object of discouraging and eliminating any such tensions, prejudices or discrimination.
4. Investigate any complaints of discrimination, tensions or prejudice filed with or referred to the commission.
5. Secure the cooperation of various racial, religious, nationality and ethnic groups, veterans organizations, labor organizations, business and industry organizations and fraternal, benevolent and service groups, in educational campaigns devoted to the need for eliminating group prejudice, racial or area tensions, intolerance or discrimination.
6. Cooperate with and seek the cooperation of federal and state agencies and departments in carrying out projects within their respective authorities to eliminate intergroup tensions and to promote intergroup harmony.
7. Have the power to accept gifts or bequests of personal property and may use the same to carry out the objects and purposes of this chapter.
8. Have the power to make findings of fact and proceed thereon as provided in sections 8 and 20 of this act.
9. Have the power to make such rules and regulations, not inconsistent with law, as it finds expedient to carry into execution the powers and duties conferred upon it by this chapter.
________
κ1965 Statutes of Nevada, Page 696κ
Assembly Bill No. 245Messrs. Godbey, Leavitt, Alleman, Petrini, Mello, Miss Herr, Messrs. Bowler and Manning
CHAPTER 333
AN ACT relating to minimum wages for men and women; to amend chapter 608 of NRS, relating to compensation and hours of work of employees, by adding new sections providing a minimum wage for men in private employment; providing exceptions and procedures for enforcement; imposing duties upon district attorneys and the attorney general; and providing penalties; to amend NRS sections 609.030, 609.040 and 609.060, relating to wages, hours and working conditions of female employees, by increasing minimum wages for women; and providing other matters properly relating thereto.
[Approved April 5, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 608 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.
Sec. 2. 1. Except as otherwise provided in subsection 2, the minimum wages which may be paid to male persons in private employment within the state are as follows:
(a) For minors under 18 years of age, $1 per hour, or $8 for 1 day of 8 hours, or $48 for 1 week of 6 days of 8 hours each.
(b) For persons 18 years of age or older, $1.25 per hour or $10 for 1 day of 8 hours, or $60 for 1 week of 6 days of 8 hours each.
2. The provisions of subsection 1 do not apply to male persons:
(a) In domestic service or in an agricultural pursuit.
(b) Governed by the provisions of the Fair Labor Standards Act of 1938, as amended, being 29 U.S.C. §§ 201 to 219, inclusive.
Sec. 3. If any employer shall pay any male employee a lesser amount than the minimum wage as set forth in section 2 of this act, such male employee may, at any time within 2 years, bring a civil action for the recovery of the difference between the amount paid the male employee and the minimum wage set forth in section 2 of this act. No contract between the employer and the male employee or any acceptance of a lesser wage by the employee shall be a bar to the action.
Sec. 4. 1. The labor commissioner shall:
(a) Administer and enforce the provisions of section 2 of this act; and
(b) Furnish the district attorney of any county all data and information concerning violations of section 2 of this act, occurring in such county coming to the attention of the labor commissioner.
2. Every district attorney shall, when a complaint is made to him by the labor commissioner or by any aggrieved person, prosecute every violation of section 2 of this act, occurring in his county. Should any such district attorney fail, neglect or refuse for a period of 20 days to commence the prosecution for the violation of section 2 of this act, after being furnished data and information concerning such violation, and diligently to prosecute the same to conclusion, he is 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, and in addition thereto he shall be removed from office.
κ1965 Statutes of Nevada, Page 697 (CHAPTER 333, AB 245)κ
than 6 months, or by both fine and imprisonment, and in addition thereto he shall be removed from office.
Sec. 5. When a complaint is made to the attorney general by the labor commissioner or by an aggrieved person that any district attorney has been guilty of a willful violation of section 4 of this act, the attorney general shall make an investigation of the complaint, and, after such investigation, he is of the opinion that the complaint is well founded, he shall institute proceedings against the district attorney for the enforcement of the penalties provided in section 4 of this act.
Sec. 6. Every person, firm, association or corporation, or any agent, servant, employee or officer of such firm, association or corporation, violating any of the provisions of section 2 of this act, is 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.
Sec. 7. NRS 609.030 is hereby amended to read as follows:
609.030 1. With respect to the employment of females in private employment in this state, it is the sense of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor.
2. The health and welfare of the female workers of this state are of concern to the state and the wisdom of the ages dictates that reasonable hours, not to exceed 8 hours in any 1 day, and 6 days in any calendar week, so as to provide a day of rest and recreation in each calendar week, are necessary to such health and welfare, and, further, that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare.
3. The policy of this state is hereby declared to be:
(a) That 8 hours in any 1 13-hour period, and not more than 48 hours in any 1 calendar week, and not more than 6 days in any calendar week, are the maximum number of hours and days female workers shall be employed in private employment, with certain exceptions; and
(b) That not less than the rate of [$1] $1.10 for 1 hours, or [$8] $8.80 for 1 day of 8 hours, or [$48] $52.80 for 1 week of 6 days of 8 hours each, shall be paid such female workers under the age of 18 years in this state; and
(c) That [until September 3, 1964, no less than the rate of $1.125 for 1 hour, or $9 for 1 day of 8 hours, or $54 for 1 week of 6 days of 8 hours each, and that on and after September 3, 1964 no] not less than [$1.15] $1.25 for 1 hour or [$9.20] $10 for 1 day of 8 hours, or [$55.20] $60 for 1 week of 6 days of 8 hours each, shall be paid such female workers 18 years of age or over in this state.
Sec. 8. NRS 609.040 is hereby amended to read as follows:
609.040 1. It shall be unlawful for any person, firm, association or corporation or any agent, servant, employee, officer of any such firm, association or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with, any female under the age of 18 years at or for a lesser wage than [$1] $1.10 per hour, or [$8] $8.80 for 1 day of 8 hours, or [$48] $52.80 for 1 week of 6 days of 8 hours each.
κ1965 Statutes of Nevada, Page 698 (CHAPTER 333, AB 245)κ
2. It shall be unlawful for any person, firm, association or corporation or any agent, servant, employee, officer of any such firm, association or corporation to employ, cause to be employed, or permit to be employed, or contract with, cause to be contracted with, or permit to be contracted with any female 18 years of age or older [until September 3, 1964, at or for a lesser wage than $1.125 per hour, or $9 for 1 day of 8 hours, or $54 for 1 week of 6 days of 8 hours each, and on and after September 3, 1964,] at or for a lesser wage than [$1.15] $1.25 per hour, or [$9.20] $10 for 1 day of 8 hours, or [$55.20] $60 for 1 week of 6 days of 8 hours each.
Sec. 9. NRS 609.060 is hereby amended to read as follows:
609.060 1. During the probationary period of not to exceed 3 consecutive months, the employer and his employee or employees may stipulate that the provisions of NRS 609.010 to 609.180, inclusive, which provide a wage of [$1] $1.10 per hour or [$8] $8.80 or more for 1 day of 8 hours or less, or [$48] $52.80 or more for 1 week of 48 hours or less, for females under the age of 18 years, and a wage of [$1.125 per hour or $9 or more for 1 day of 8 hours or less, or $54 or more for 1 week of 48 hours or less until September 3, 1964, and a wage of $1.15] $1.25 per hour, or [$9.20] $10 or more for 1 day of 8 hours or less, or [$55.20] $60 or more for 1 week of 48 hours or less, [on and after September 3, 1964,] for females 18 years of age or older, shall not apply; but in all such cases where such a stipulation has been entered into, the employer shall pay to such female employees under the age of 18 years not less than $7 for 1 day of not more than 8 hours, or $42 for 1 week of 6 days of not more than 8 hours each, and shall pay to such female employees 18 years of age or older not less than $8 for 1 day of not more than 8 hours, or $48 for 1 week of 6 days of not more than 8 hours each. All other provisions of NRS 609.010 to 609.180, inclusive, shall in all other respects govern hours and wages of female employees during the stipulated probationary period.
2. At the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period by the same employer regardless of differences in the type of work, or by another employer where such employment is of a similar nature as the services performed during the probationary period.
3. If any employer shall have had accorded to him the privilege of reading a certificate of former service and probationary period of a female employee at the time of the beginning of such employment, in those actions at law in which the similar nature of the work to that certified to in the certificate of the former employer is in issue, the presumption shall be that the work assigned to the female by the second employer is of a similar nature to that certified to by the former employer of the female of which such employer shall have received notice in the manner hereinabove designated, and the burden of proof shall be upon the employer to show the contrary.
4. The fact that any female employee shall have been paid for her services with any employer, from the time of the beginning of her employment, an amount at least equal to the minimum amounts named in NRS 609.010 to 609.180, inclusive, shall not relieve the employer at the close of the period of service of the employee of 3 months of service from the obligation to deliver to the female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to such employee, as well as to future prospective employers.
κ1965 Statutes of Nevada, Page 699 (CHAPTER 333, AB 245)κ
in NRS 609.010 to 609.180, inclusive, shall not relieve the employer at the close of the period of service of the employee of 3 months of service from the obligation to deliver to the female a certificate as hereinabove provided, in which he shall certify as to the type of the employment and time that such female has been under his employment, together with other information that he may deem to be just to such employee, as well as to future prospective employers.
Sec. 10. Nothing contained in this act shall be construed to affect the provisions of or impair any obligation of any contract in effect on July 1, 1965, relating to the compensation of male and female employees in this state, and in this regard the provisions of this act are to be applied prospectively.
________
Assembly Bill No. 189Messrs. Pozzi and Petrini
CHAPTER 334
AN ACT appropriating moneys from the general fund and the state highway fund for the purpose of effecting pay grade adjustments for employees of the State of Nevada in the classified service for the biennium commencing July 1, 1965, and ending June 30, 1967; imposing certain duties on the chief of the personnel division of the department of administration and the state board of examiners; providing for the reversion of unexpended appropriated moneys; and providing other matters properly relating thereto.
[Approved April 6, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 1. Except as otherwise provided in section 2, there is hereby appropriated from the general fund in the state treasury, for the fiscal periods from July 1, 1965, to June 30, 1966, and July 1, 1966, to June 30, 1967, the sums of $536,200 and $536,200 respectively for the purpose of meeting any deficiencies which may be created between the appropriated funds of the respective departments, commissions and agencies of the State of Nevada, as fixed by the 53rd session of the legislature, and the salary requirements of classified personnel of such departments, commissions and agencies needed under an adjusted pay plan to become effective on and after July 1, 1965.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the various departments, commissions and agencies of the State of Nevada, out of the funds herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of such respective departments, commissions and agencies under the adjusted pay plan.
Sec. 2. 1. There is hereby appropriated from the state highway fund for the periods from July 1, 1965, to June 30, 1966, and July 1, 1966, to June 30, 1967, the sums of $126,609 and $133,680 respectively for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles and the public service commission of Nevada as fixed by the 53rd session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles and the public service commission of Nevada needed under an adjusted pay plan to become effective on and after July 1, 1965.
κ1965 Statutes of Nevada, Page 700 (CHAPTER 334, AB 189)κ
1, 1966, to June 30, 1967, the sums of $126,609 and $133,680 respectively for the purpose of meeting any deficiencies which may exist between the appropriated funds of the department of motor vehicles and the public service commission of Nevada as fixed by the 53rd session of the legislature, and the salary requirements of classified personnel of the department of motor vehicles and the public service commission of Nevada needed under an adjusted pay plan to become effective on and after July 1, 1965.
2. The state board of examiners, upon the recommendation of the chief of the personnel division of the department of administration, is authorized to allocate and disburse to the department of motor vehicles and the public service commission of Nevada out of the sum of the funds herein appropriated, such sums of money as may from time to time be required, which when added to the funds otherwise appropriated or available shall equal the amount of money required to meet and pay the salary needs of the department of motor vehicles and the public service commission of Nevada under the adjusted pay plan.
Sec. 3. The balance of any moneys herein appropriated remaining unexpended on June 30, 1967, shall revert to the fund from which such moneys were appropriated.
________
κ1965 Statutes of Nevada, Page 701κ
Assembly Bill No. 641Committee on Ways and Means
CHAPTER 335
AN ACT to amend NRS sections 209.110, 213.1094, 223.100, 231.080, 232.180, 232.240, 232.310, 341.100, 360.120, 382.020, 385.170, 407.045, 414.040, 417.060, 439.120, 463.027, 463.070, 472.025, 481.039, 532.060, 607.030, 703.080, relating to the salaries of certain state appointive officers, by increasing the annual salaries of the warden of the Nevada state prison, the chief parole and probation officer, the executive assistant to the governor, the director of the department of economic development, the director of the department of administration, the director of the department of commerce, the director of the department of health and welfare, the manager and technical supervisor of the state planning board, the secretary of the Nevada tax commission, the executive secretary of the Nevada historical society, the superintendent of public instruction, the administrator of the Nevada state park system, the director of civil defense and disaster assistance, the Nevada commissioner for veteran affairs, the Nevada deputy commissioner for veteran affairs, the state health officer, the executive secretary of the Nevada gaming commission, the members of the state gaming control board, the state forester firewarden, the director of the department of motor vehicles, the state engineer, the labor commissioner, and the chairman and commissioners of the public service commission of Nevada; to amend NRS section 407.037, by removing the administrator of the Nevada state park system from the classified service of the state; to amend NRS section 232.340, relating to salaries of the chiefs of the divisions of the department of health and welfare; to amend a chapter of the Statutes of Nevada 1965 derived from Senate Bill No. 43, relating to the qualifications, powers and duties of the administrator of the mental hygiene division of the department of health and welfare, by establishing a limit on the salary of the administrator and on the salary of the senior psychiatrist employed within the division; and providing other matters properly relating thereto.
[Approved April 6, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 209.110 is hereby amended to read as follows:
209.110 1. The warden shall receive an annual salary of [$10,800.] $13,800.
2. The warden shall receive the per diem expenses and travel allowances as provided by law when engaged in the discharge of his official duties.
Sec. 2. NRS 213.1094 is hereby amended to read as follows:
213.1094 1. The chief parole and probation officer shall receive an annual salary of [$10,080.] $12,000.
2. Assistant parole and probation officers and employees of the board (except as provided in subsection 3 of NRS 284.140) shall be in the classified service of the state and shall receive such salaries as are fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
3. The chief parole and probation officer, assistant parole and probation officers and employees of the board shall receive the per diem expense allowances and travel expenses as fixed by law.
4. The compensation, salaries and expenses of the chief parole and probation officer, assistant parole and probation officers and employees of the board shall be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
κ1965 Statutes of Nevada, Page 702 (CHAPTER 335, AB 641)κ
of the board shall be paid, upon certification by the secretary of the board, in the same manner as those of other state officers and employees.
Sec. 3. NRS 223.100 is hereby amended to read as follows:
223.100 1. The executive assistant to the governor shall receive [:
(a) Until July 1, 1964, an annual salary of $11,000.
(b) From and after July 1, 1964, an annual salary of $11,500.] an annual salary of $12,075.
2. The salary of the executive assistant to the governor shall be paid out of funds appropriated to the office of the governor by the legislature from the general fund, and such salary shall be in full payment for all services rendered to the state.
Sec. 4. NRS 231.080 is hereby amended to read as follows:
231.080 1. The director of the department shall be appointed by and be responsible to the governor. The person appointed as director shall have had successful experience in the administration and promotion of a program comparable to that provided in this chapter. The director shall be in the unclassified service as provided by the provisions of chapter 284 of NRS.
2. The director shall receive:
(a) An annual salary of [$9,900.] $10,800.
(b) The per diem expense allowance and travel expenses as fixed by law.
3. He shall devote his entire time to the duties of his office, and he shall follow no other gainful employment or occupation.
Sec. 5. NRS 232.180 is hereby amended to read as follows:
232.180 The director shall:
1. Be appointed by, be responsible to, and serve at the pleasure of the governor.
2. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. Receive an annual salary of not more than [$15,120] $15,840 to be fixed by the governor from time to time within the limits of legislative appropriations.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
6. Have the qualifications required by NRS 353.175.
7. Be chief of the budget division.
Sec. 6. NRS 232.240 is hereby amended to read as follows:
232.240 The director shall:
1. Be appointed by, be responsible to, and serve at the pleasure of the governor.
2. Be in the unclassified service of the state pursuant to the provisions of chapter 284 or NRS.
3. Receive an annual salary of not more than [$15,120] $15,840 to be fixed by the governor from time to time within the limits of legislative appropriations.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
κ1965 Statutes of Nevada, Page 703 (CHAPTER 335, AB 641)κ
6. Have had at least 5 years of responsible administrative experience in public or business administration or shall possess broad management skills in areas related to the functions of agencies composing the department.
7. Be selected with special reference to his training, experience and aptitude for coordinating agencies dealing with commercial activities such as insurance, banking, real estate and marketing of securities. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his administrative direction.
(b) Administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.
(c) Ability to organize and present oral and written communication to the governor, the legislature and other pertinent officials or persons.
Sec. 7. NRS 232.310 is hereby amended to read as follows:
232.310 The director shall:
1. Be appointed by, be responsible to, and serve at the pleasure of the governor.
2. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS.
3. Receive an annual salary of not more than [$15,120] $15,840 to be fixed by the governor from time to time within the limits of legislative appropriations.
4. Receive the travel expenses and subsistence allowances fixed by law for state officers and employees.
5. Not engage in any other gainful employment or occupation.
6. Have had broad, responsible experience in the field of administration or possess broad management skills or working knowledge of the field of social services administration.
7. Be selected with special reference to his training, experience and aptitude for coordinating related functions of public health, welfare and social service agencies. His knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles, and a working knowledge of principles of public finance and the laws, rules and regulations pertaining to public agencies.
(b) Administrative ability to assess the operating efficiency of component agencies and to delegate authority and duties to responsible division heads.
(c) Ability to organize and clearly present oral and written findings and recommendations to the governor, the legislature and other officials and agencies.
Sec. 8. NRS 341.100 is hereby amended to read as follows:
341.100 1. The board may appoint a manager and technical supervisor, and such other technical and clerical assistants as may be necessary to carry into effect the purposes of its acts.
2. The manager and technical supervisor of the board shall receive an annual salary of not more than [$13,800] $14,400 as determined by the board.
κ1965 Statutes of Nevada, Page 704 (CHAPTER 335, AB 641)κ
an annual salary of not more than [$13,800] $14,400 as determined by the board.
Sec. 9. NRS 360.120 is hereby amended to read as follows:
360.120 1. A chief clerk and statistician shall be employed by the Nevada tax commission. He shall be the secretary of the Nevada tax commission and shall be in charge of the office of the commission.
2. For his services, the secretary of the Nevada tax commission shall receive an annual salary of [$12,600,] $14,400, payable in the same manner as other state salaries are paid.
Sec. 10. NRS 382.020 is hereby amended to read as follows:
382.020 1. The office of executive secretary of the Nevada historical society is hereby created.
2. The executive secretary of the Nevada historical society shall receive an annual salary of [$7,590.] $8,220.
Sec. 11. NRS 385.170 is hereby amended to read as follows:
385.170 The state board of education shall fix the annual salary of the superintendent of public instruction, which salary shall not exceed [$13,800.] $14,400.
Sec. 11.5. NRS 407.037 is hereby amended to read as follows:
407.037 The position of administrator of the Nevada state park system is hereby created. The administrator 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.] in the unclassified service of the state.
Sec. 12. NRS 407.045 is hereby amended to read as follows:
407.045 1. The 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.] not to exceed $11,000.
2. The salary of the administrator may be apportioned and paid from any funds available to the system, unless otherwise provided by law.
3. The administrator shall receive the per diem expense allowance and travel expenses as provided by law.
Sec. 13. NRS 414.040 is hereby amended to read as follows:
414.040 1. There is hereby created within the executive branch of the state government a department of civil defense and disaster assistance called the civil defense and disaster agency, and a director of civil defense and disaster assistance, called the director, who shall be the head thereof. The director shall be appointed by and hold office at the pleasure of the governor. The director shall be compensated at the rate of: [$8,970 per annum.]
(a) Until July 1, 1966, $9,660 per annum.
(b) From and after July 1, 1966, $10,080 per annum.
2. The director may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his office within the appropriation therefor, or from other funds made available to him for purposes of civil defense, as may be necessary to carry out the purposes of this chapter.
3. The director, subject to the direction and control of the governor, shall be the executive head of the civil defense and disaster agency and shall be responsible to the governor for carrying out the program for civil defense of this state.
κ1965 Statutes of Nevada, Page 705 (CHAPTER 335, AB 641)κ
and shall be responsible to the governor for carrying out the program for civil defense of this state. He shall coordinate the activities of all organizations for civil defense within the state, and shall maintain liaison with and cooperate with civil defense agencies and organizations of other states and of the Federal Government, and shall have such additional authority, duties, and responsibilities authorized by this chapter as may be prescribed by the governor.
Sec. 14. NRS 417.060 is hereby amended to read as follows:
417.060 1. The commissioner shall receive an annual salary of [$7,920.] $8,640.
2. The deputy commissioner shall receive an annual salary of [$7,920.] $8,640.
Sec. 15. NRS 439.120 is hereby amended to read as follows:
439.120 The state health officer shall:
1. Receive an annual salary not to exceed $21,000, which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
2. Be allowed the per diem expense allowance and travel expenses as provided by law.
Sec. 16 NRS 463.027 is hereby amended to read as follows:
463.027 1. The commission may:
(a) Establish, and from time to time alter, such plan of organization as it may deem expedient.
(b) Employ and discharge an executive secretary, who shall receive an annual salary not to exceed [$12,600] $13,200, the amount to be set by the commission, and who shall perform such duties as the commission may require, and such other personnel as it may deem necessary.
(c) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and all other things as it may deem necessary or desirable in carrying out its functions.
(d) Incur such other expenses, within the limit of funds available to it as it may deem necessary.
2. Except as otherwise provided in this chapter, all costs of administration incurred by the commission shall be paid out on claims from the general fund in the state treasury in the same manner as other claims against the state are paid.
3. The commission shall classify its employees as executive, supervisory, investigative and clerical, as it shall deem appropriate. No member or employee of the commission, other than those designated as clerical employees, shall be included in the classified service nor be subject to any of the provisions of chapter 284 of NRS or any acts amendatory of or supplemental thereto.
Sec. 17. NRS 463.070 is hereby amended to read as follows:
463.070 1. The board members shall each receive an annual salary of [$15,000.] $15,840.
2. In addition to the salary set forth above, each member shall be entitled to reimbursement for necessary travel and per diem expenses in the manner provided by law.
Sec. 18. NRS 472.025 is hereby amended to read as follows:
κ1965 Statutes of Nevada, Page 706 (CHAPTER 335, AB 641)κ
472.025 The state forester firewarden shall:
1. Be in the unclassified service of the state.
2. Receive an annual salary of [$10,800.] $11,420.
Sec. 19. NRS 481.039 is hereby amended to read as follows:
481.039 The director shall receive:
1. An annual salary of [$12,600.] $14,200.
2. The per diem expense allowance and travel expenses as provided by law.
Sec. 20. NRS 532.060 is hereby amended to read as follows:
532.060 The state engineer shall receive an annual salary of [$13,200.] $13,800.
Sec. 21. NRS 607.030 is hereby amended to read as follows:
607.030 1. The labor commissioner shall receive an annual salary of [$8,940,] $9,660, payable in the manner provided in NRS 281.120.
2. The labor commissioner shall be allowed the per diem expense allowance and travel expenses as provided by law.
Sec. 22. NRS 703.080 is hereby amended to read as follows:
703.080 1. The chairman of the commission shall receive an annual salary of [$13,200.] $14,400.
2. The other commissioners shall each receive annual salaries of [$12,000.] $13,200.
Sec. 23. NRS 232.340 is hereby amended to read as follows:
232.340 The chief of each division of the department shall:
1. Be in the unclassified service of the state pursuant to the provisions of chapter 284 of NRS, unless federal law or regulation requires otherwise, in which case he shall be in the classified service of the state pursuant to the provisions of such chapter.
2. Receive an annual salary to be fixed by the director, with the consent of the governor, within the limits of legislative appropriations, unless he is in the classified service of the state, in which case his salary shall, unless otherwise fixed by law, be fixed pursuant to the provisions of chapter 284 of NRS.
3. Administer the provisions of law relating to his division, subject to the administrative supervision of the director.
Sec. 24. Section 8 of that chapter of Statutes of Nevada 1965 derived from Senate Bill No. 43 of the 53rd session of the legislature is hereby amended to read as follows:
Section 8. The administrator shall: [be]
1. Be a physician eligible for licensing in this state under the provisions of chapter 630 of NRS.
2. Receive an annual salary not to exceed $21,000, which shall be fixed in accordance with the pay plan adopted pursuant to the provisions of chapter 284 of NRS.
Sec. 25. Section 9 of that chapter of Statutes of Nevada 1965 derived from Senate Bill No. 43 of the 53rd session of the legislature is hereby amended to read as follows:
Section 9. The administrator shall have the following powers and duties:
1. To serve as the executive officer of the mental hygiene division.
2. To make a biennial report to the director of the department on the condition and operation of the mental hygiene division, and such other reports as the director may prescribe.
κ1965 Statutes of Nevada, Page 707 (CHAPTER 335, AB 641)κ
the condition and operation of the mental hygiene division, and such other reports as the director may prescribe.
3. To appoint a superintendent of the Nevada state hospital, who shall possess the qualifications prescribed in NRS 433.090.
4. To employ, within the limits of available funds [, such] in accordance with the provisions of chapter 284 of NRS:
(a) A senior psychiatrist at an annual salary not to exceed $21,000.
(b) Such other assistants and employees as may be necessary to the efficient operation of the mental hygiene division. [in accordance with the provisions of chapter 284 of NRS.]
Sec. 26. Sections 1 to 12, inclusive, and 14 to 23, inclusive, of this act shall become effective on July 1, 1965. Sections 13, 24 and 25 shall become effective at 12:05 a.m. on July 1, 1965.
________
Assembly Bill No. 232Committee on Education
CHAPTER 336
AN ACT to amend NRS section 391.180, relating to teachers salaries and leave, by providing a schedule for the accumulation of sick and disability leaves with pay up to 75 days; and providing other matters properly relating thereto.
[Approved April 7, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. 391.180 is hereby amended to read as follows:
391.180 1. As used in this section, teacher means a teacher, a principal or a superintendent of schools of a school district in this state.
2. A school month in any public school in this state shall consist of 4 weeks of 5 days each, and, except as otherwise provided, a teacher thereof shall be paid only for the time in which he is actually engaged in teaching or in other educational services rendered the school district.
3. Nothing contained in this section shall prohibit the payment of teachers compensation in 12 equal monthly payments for 9 or more months teaching.
4. The per diem deduction from the salary of a teacher because of absence from service for reasons other than those specified in this section shall be made on the basis of the monthly payment of such salary.
5. Boards of trustees may pay the salary of any teacher unavoidably absent because of personal illness or accident, or because of serious illness, accident or death in his family, but such salary shall not be paid for more than 15 school days in the aggregate in any 1 school year, or for more than 30 school days in the aggregate for any 2 school years, or for more than 45 school days in the aggregate for any 3 school years, or for more than 60 school days in the aggregate for any 4 school years, or for more than 75 school days in the aggregate for any 5 school years in the same school.
κ1965 Statutes of Nevada, Page 708 (CHAPTER 336, AB 232)κ
5 school years in the same school. [unless:] Additional time may be granted if:
(a) Specifically authorized by the [unanimous] vote of the board of trustees upon the written request of the teacher for some special, substantial and convincing reason, and under such peculiar circumstances as to make such compensation fair and reasonable to all affected thereby and not detrimental to the school district; and
(b) Approved by the superintendent of public instruction.
6. When an intermission of less than 6 days is ordered by the board of trustees for any good reason, no deduction of salary shall be made therefor. When on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees or by a duly constituted board of health and such intermission or closing does not exceed 30 days at any one time, there shall be no deduction or discontinuance of salaries.
________
Assembly Bill No. 448Committee on Education
CHAPTER 337
AN ACT to amend NRS sections 387.125 and 387.127, relating to regular and special apportionments of the state distributive school fund, by authorizing state financial aid to school districts based upon 100 percent of the actual number of certified regular classroom teachers to which the school districts are entitled notwithstanding that such school districts have not employed 100 percent of the authorized certified regular classroom teachers; providing for the payment of special quarterly apportionments from the state distributive school fund to financially distressed school districts under certain conditions during the school years 1965-1967; and providing other matters properly relating thereto.
[Approved April 7, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 387.125 is hereby amended to read as follows:
387.125 1. The state board of education shall establish uniform rules to be used in calculating the average daily attendance of pupils and the actual number of certified employees to which each school district is entitled for apportionment purposes. For making the apportionments now or hereafter authorized and directed to be made under the provisions of this Title of NRS, average daily attendance shall mean the 6 months of highest average daily attendance for the current school year.
2. Immediately after the state controller shall have made his quarterly report, the state board of education shall apportion the state distributive school fund among the several county school districts and joint school districts in the following manner:
(a) The minimum yearly requirements of each school district shall be determined, which requirements shall be the sum of:
κ1965 Statutes of Nevada, Page 709 (CHAPTER 337, AB 448)κ
(1) [$4,850] $5,100 per certified employee. If a school district maintains an educational program satisfactory to the state board of education, the state board of education shall credit each school district with 100 percent of the actual number of certified regular classroom teachers to which the school district is entitled pursuant to the provisions of subsection 1, notwithstanding the fact that such school district has not employed 100 percent of the certified regular classroom teachers to which it is entitled.
(2) [$96] $100 per pupil.
(3) $50 per kindergarten pupil.
(4) One-half of the cost of transportation during the previous year computed in a manner prescribed by the state board of education. For the first year, one-half of the actual expenses during the preceding year shall be used, but if there was no actual expense for the prior year the budget estimate shall be used and adjustments made.
(5) $500 per handicapped child as defined in NRS 388.440.
(b) The availability of local funds shall be determined, which local funds shall be the sum of the proceeds of the 70-cent local tax levied in accordance with the provisions of NRS 387.195 or 387.250 and computed as provided in NRS 387.200 or 387.255, which local funds shall be the sum of:
(1) The proceeds of the 70-cent local tax, computed as provided in NRS 387.200 or 387.255; and
(2) That proportion of all moneys received by the school district under the provisions of Public Law 874, 81st Congress, approved September 30, 1950, as amended, during the previous year which the assessed valuation of taxable property per student in the school district bears to the average assessed valuation of taxable property per student in the state, as follows:
Percent Percent
90 to 100 of the state average per student assessed valuation ............ 35
80 to 90 of the state average per student assessed valuation .............. 30
70 to 80 of the state average per student assessed valuation .............. 25
60 to 70 of the state average per student assessed valuation .............. 20
50 to 60 of the state average per student assessed valuation .............. 15
40 to 50 of the state average per student assessed valuation .............. 10
30 to 40 of the state average per student assessed valuation ................ 5
20 to 30 of the state average per student assessed valuation ................ 0
(c) Apportionment computed on a yearly basis shall consist of the difference between the minimum yearly requirements as computed in paragraph (a) of this subsection and the local funds available as computed in paragraph (b) of this subsection, but no school district shall receive less than one-half of the minimum yearly requirements.
(d) Apportionments shall be paid quarterly at the times provided in NRS 387.120, each quarterly payment to consist of approximately one-fourth of the yearly apportionment as computed in paragraph (c) of this subsection. The first quarterly apportionment based on an estimated number of certified employees and pupils and succeeding quarterly apportionments shall be subject to adjustment from time to time as the need therefor may appear.
κ1965 Statutes of Nevada, Page 710 (CHAPTER 337, AB 448)κ
as the need therefor may appear. A final adjustment shall be made in the August apportionment of the succeeding year by adding or subtracting the difference between the amount paid in the previous year and the amount computed on the actual average daily attendance of the highest 6 months of the previous year, so that for any school year the adjusted amount paid shall be equal to, but shall not exceed, the sum computed for the highest 6 months of average daily attendance.
3. Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees shall be credited with attendance during that period.
Sec. 2. NRS 387.127 is hereby amended to read as follows:
387.127 1. From [July 1, 1963, until July 1, 1965,] July 1, 1965, until July 1, 1967, whenever the state board of education finds that any school district, actually employing 45 or less certified employees and for which there has been levied the maximum local tax of $1.50 for operating costs as authorized by law (and not including any special tax authorized by the provisions of NRS 387.290), [and in which school district the county average ratio of assessed valuation of property to true valuation computed pursuant to the provisions of NRS 387.200 is equal to or greater than the state average,] cannot meet its budget requirements, the state board of education is authorized to make special quarterly apportionments, not to exceed a sum equal to $125 multiplied by the number of certified employees actually employed by the school district, from the state distributive school fund, payable at the same time as regular apportionments are paid, except that in school districts employing 45 or less certified employees which meet the conditions specified above in this subsection in which the assessed valuation per pupil is less than $16,000 per pupil, the state board of education is authorized to make special quarterly apportionments not to exceed a sum equal to $375 multiplied by the number of certified employees actually employed by the school district [.] , but in no case shall the certified employees exceed the number of certified employees used in the calculations made during the school year commencing July 1, 1964, and ending June 30, 1965.
2. On and after [July 1, 1964, and until July 1, 1965,] July 1, 1965, and until July 1, 1967, whenever the state board of education finds that any school district:
(a) Which actually employs not less than 46 or more than 150 certified employees; and
(b) For which there has been levied the maximum local tax of $1.50 for operating costs as authorized by law (and not including any special tax authorized by the provisions of NRS 387.290); and
(c) [In which the county average ratio of assessed valuation of property to true valuation computed pursuant to the provisions of NRS 387.200 is equal to or greater than the state average; and
(d)] In which the assessed valuation per pupil in average daily attendance is less than $16,000; and
[(e)] (d) In which the proportion of federal funds received under the provisions of Public Law 874, 81st Congress, approved September 30, 1950, as amended, is less than 25 percent of the funds available to the school district from the state distributive school fund, cannot meet its budget requirements, the state board of education is authorized to make special quarterly apportionments, not to exceed a sum equal to $145 multiplied by the number of certified employees actually employed by the school district, from the state distributive school fund, payable at the same time as regular apportionments are made.
κ1965 Statutes of Nevada, Page 711 (CHAPTER 337, AB 448)κ
the school district from the state distributive school fund, cannot meet its budget requirements, the state board of education is authorized to make special quarterly apportionments, not to exceed a sum equal to $145 multiplied by the number of certified employees actually employed by the school district, from the state distributive school fund, payable at the same time as regular apportionments are made.
3. The state board of education is authorized to make regulations necessary to carry out the provisions of this section. No regulation made pursuant to the authority granted in this subsection shall authorize in any 1 school year the allocation of an amount greater than the amount allocated during the school year commencing July 1, 1964, and ending June 30, 1965.
________
Assembly Bill No. 619Committee on Education
CHAPTER 338
AN ACT to amend chapter 387 of NRS, relating to financial support of schools, by authorizing the acceptance of benefits under the federal Elementary and Secondary Education Act of 1965 and the giving of necessary assurances to the Federal Government and the conduct of appropriate programs; and providing other matters properly relating thereto.
[Approved April 7, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The state board of education is hereby authorized to accept and direct the disbursement of funds appropriated and apportioned to the State of Nevada or the school districts of the State of Nevada under the Elementary and Secondary Education Act of 1965.
2. The state board of education shall deposit such funds with the state treasurer, who shall make disbursements therefrom upon the direction of the state board of education in the same manner as other claims against the state are paid.
3. The state board of education and any school district within the state may, within the limits provided in this section, make such applications and agreements and give such assurances to the Federal Government and conduct such programs as may be required as a condition precedent to receipt of funds under the Elementary and Secondary Education Act of 1965. Neither the state board of education nor a school district may enter into an agreement or give an assurance which requires the state or a school district to provide funds above the amount appropriated or otherwise lawfully available for such purpose.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 712κ
Senate Bill No. 279Committee on Education and State University
CHAPTER 339
AN ACT to amend NRS sections 286.090 and 391.150 and chapter 391 of NRS, relating to personnel of school districts, their salaries and withholding therefrom, by expanding the definition of salary for the purposes of public employees retirement; by authorizing the withholding of annuity contract premiums; and by empowering boards of trustees of school districts to purchase annuity contracts for employees under plans authorized by section 403(b) of the Internal Revenue Code of the United States; and providing other matters properly relating thereto.
[Approved April 7, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 391 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The board of trustees of any school district in this state may purchase an annuity contract for any teacher, principal, superintendent of schools or other employee of such district under an annuity plan which meets the requirements of section 403(b) of the Internal Revenue Code of the United States.
2. Such purchase shall be made only upon the written request of such employee and upon an agreement in writing that:
(a) The premiums paid for such purchase shall constitute an allocable part of his total salary, as that term is defined in NRS 286.090.
(b) The contract so purchased shall be the property of such employee and all rights thereunder nontransferable and nonforfeitable save for failure to pay premiums.
(c) The board of trustees shall have no liability under any such annuity contract purchased.
3. All requests under this section shall be received and acted upon without discrimination so long as such employee is within the class of persons entitled by law to enjoy the benefits of the provisions of section 403(b) of the Internal Revenue Code of the United States.
Sec. 2. NRS 286.090 is hereby amended to read as follows:
286.090 As used in this chapter, salary means the remuneration paid to an employee in cash out of public funds in return for his services to the employer plus : [the]
1. The monetary value, as determined by the board, of whatever living quarters, board, lodging, fuel, laundry and other advantages the employer furnishes him in return for his services [.] ; and
2. Any payments in cash to one other than a member for the purpose of purchasing an annuity contract for the member under an annuity plan which meets the requirements of section 403(b) of the Internal Revenue Code of the United States.
Sec. 3. NRS 391.150 is hereby amended to read as follows:
391.150 1. Boards of trustees of school districts in this state shall have the power to pay toward the salaries of legally qualified teachers the public moneys apportioned to school districts for such purpose, by giving them orders therefor on the county auditor.
κ1965 Statutes of Nevada, Page 713 (CHAPTER 339, SB 279)κ
2. Boards of trustees are authorized to : [deduct]
(a) Deduct from teachers salaries, upon the written request of the teachers, moneys for the payment of [group] premiums on insurance of any kind [.] ; and
(b) Reduce or withhold increases in the salaries of teachers or other qualified employees, upon the written request of the teacher or other employee, by or in an amount sufficient to purchase annuity contracts pursuant to the provisions of section 1 of this act.
Sec. 4. This act shall become effective upon passage and approval.
________
Assembly Bill No. 372Mr. Bailey
CHAPTER 340
AN ACT vesting title to the enumerated real property of the University of Nevada in the board of regents; providing for future acquisitions; providing an exception; and providing other matters properly relating thereto.
[Approved April 7, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. The title to all the real property described in this section, acquired by or for the use of the University of Nevada, is hereby vested in the board of regents of the University of Nevada. Such real property is described, by reference to the book and page in which its conveyance is recorded in the county records and to the designation of the grantee, as follows:
1. In Washoe County, Nevada:
Book No. Page No. Designation of Grantee
596 584 Board of Regents, University of Nevada
500 212 State of Nevada through its Board of Regents, University of Nevada
387 554 Board of Regents, University of Nevada
167 545 University of Nevada, a corporation
112 458 University of Nevada
530 307 State of Nevada through its Board of Regents, University of Nevada
575 686 State of Nevada through its Board of Regents, University of Nevada
169 327 University of Nevada, a public corporation
525 736 State of Nevada through its Board of Regents, University of Nevada
530 89 State of Nevada through its Board of Regents, University of Nevada
668 296 State of Nevada acting through its State Planning Board Book No.
κ1965 Statutes of Nevada, Page 714 (CHAPTER 340, AB 372)κ
Book No. Page No. Designation of Grantee
530 89 State of Nevada through its Board of Regents, University of Nevada
530 654 State of Nevada through its Board of Regents, University of Nevada
35 315 Board of Regents of the University of Nevada
18 25 State of Nevada
36 279 Board of Regents of the State University of the State of Nevada
12 369 State of Nevada
11 140 State of Nevada
45 510 University of Nevada, an Institution of the State of Nevada
139 96 University of Nevada at Reno, Nevada
58 570 University of Nevada, an institution of the State of Nevada
93 15 Board of Regents of the University of Nevada
692 259 Board of Regents, University of Nevada, acting by and through said University President
153 39 University of Nevada, a Corporation of the State of Nevada
403 171 Board of Regents, University of Nevada
20 240 State of Nevada
723 404 University of Nevada at Reno, Nevada, an instrumentality of the State of Nevada
730 115 University of Nevada at Reno, Nevada, an instrumentality of the State of Nevada
532 377 University of Nevada
2. In Elko County, Nevada:
Book No. Page No. Designation of Grantee
39 152 Board of Regents of the University of Nevada
41 667 The University of Nevada
41 699 The University of Nevada
3. In Churchill County, Nevada:
Book No. Page No. Designation of Grantee
2 452 State of Nevada
4. In Clark County, Nevada:
Book No. Document No. Designation of Grantee
248 201451 State of Nevada through its Board of Regents, University of Nevada
82 68860 The Board of Regents of the University of Nevada
503 405296 State of Nevada Book No.
κ1965 Statutes of Nevada, Page 715 (CHAPTER 340, AB 372)κ
Book No. Document No. Designation of Grantee
82 68859 The Board of Regents of the University of Nevada
516 415398 State of Nevada on relation its Board of Regents, University of Nevada
518 417201 State of Nevada on Behalf of the Board of Regents of the University of Nevada
248 201452 State of Nevada through its Board of Regents, University of Nevada
176 143725 University of Nevada, Southern Regional Division
409 330070 University of Nevada
499 402354 University of Nevada
326 263852 Board of Regents of the University of Nevada
Sec. 2. The state land register is authorized to execute any deeds necessary to accomplish the provision of section 1 of this act.
Sec. 3. The title to all real property acquired by or for the use of the University of Nevada after the effective date of this section shall be taken in the name of the board of regents as grantee.
Sec. 4. All real property subject to the provisions of chapter 550 of NRS is excepted from the provisions of sections 1 to 3, inclusive, of this act.
Sec. 5. Title to that property in Washoe County, Nevada, which is listed in Book Number 20, page 240, and is known as the Valley Road Farm, is, as provided in this act, vested in the board of regents. However, it is the intent of the legislature that the proceeds of any sale or lease of the whole or any portion of the Valley Road Farm be credited directly to the Agricultural Experiment Station to be used only for the acquisition of real property or the construction of buildings, and that if any portion of the Valley Road Farm retained by the University of Nevada is devoted to any use other than agricultural research, an amount of money equal to the current appraised value based on highest potential use of the portion so devoted be credited, at the time of any change of use, directly to the Agricultural Experiment Station to be used only for the acquisition of real property or the construction of buildings.
Sec. 6. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 716κ
Assembly Bill No. 639Committee on Ways and Means
CHAPTER 341
AN ACT authorizing the 1965 state general obligation bond commission to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $2,800,000, for the purpose of acquiring with the proceeds thereof certain buildings, structures, facilities and improvements required by the State of Nevada at the University of Nevada, Nevada Southern University, the Nevada youth training center, the Nevada state prison, the Nevada state childrens home, and for the capitol complex in Ormsby County, Nevada; prescribing other details and conditions concerning such bonds; requiring annually the levy and collection of a special property (ad valorem) tax to pay the interest on the bonds and to pay and retire the same and providing for the keeping of the proceeds of such tax in special funds; authorizing the use and investment of the proceeds of the sale or sales of such bonds; prescribing powers, duties and responsibilities of the 1965 state general obligation bond commission, the state planning board, the state board of finance, the state treasurer and other state officers; making an appropriation to the 1965 state general obligation bond commission fund in the state treasury; and providing other matters properly relating thereto.
[Approved April 7, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. As used in this act, unless the context otherwise requires:
1. Acquire or to acquire includes to erect, to build, to construct, to reconstruct, to repair, to replace, to extend, to better, to equip, to develop and to improve a project.
2. Commission means the 1965 state general obligation bond commission created pursuant to section 2 of chapter 432, Statutes of Nevada 1963.
3. Project means and includes the buildings, structures, facilities and improvements required by the State of Nevada as enumerated and described in section 2 of this act.
Sec. 2. After receipt of a resolution from the state planning board certifying the need for moneys with which to acquire the following-described projects, the commission is authorized to issue and sell the general obligation negotiable coupon bonds of the State of Nevada in not to exceed the aggregate principal amount of $2,800,000, for the acquisition with the proceeds thereof of the following-described projects at costs not exceeding the amounts set forth below opposite the description of each project:
Purchase of land, construction of a nursing facility, remodeling of science laboratories and paving of parking areas, stadium landscaping and the athletic track at the Reno campus of the University of Nevada, Washoe County, Nevada.................. $576,897
Construction of an addition to the library building, Nevada Southern University, Clark County, Nevada 1,059,000 Construction of a vocational trades building and two dormitories and development of the water system, Nevada youth training center, Elko County, Nevada.............. $531,300
κ1965 Statutes of Nevada, Page 717 (CHAPTER 341, AB 639)κ
Construction of a vocational trades building and two dormitories and development of the water system, Nevada youth training center, Elko County, Nevada.......................................................................... $531,300
Construction of an addition to the womens prison and a kitchen and dining facility at the maximum security prison, an addition to the central heating system and development of the water system for the minimum security prison, located in Ormsby and Douglas Counties, Nevada........................................................................................... 554,000
Rehabilitation of buildings and the construction of one cottage at the Nevada state childrens home, Ormsby County, Nevada........ 73,200
Site clearance and development for the capitol complex, Ormsby County, Nevada............................................................................................... 5,603
Sec. 3. 1. Each series of bonds shall be authorized by resolution of the commission.
2. The bonds shall:
(a) Be of convenient denominations.
(b) Be negotiable in form, but may provide for their registration for payment either as to principal alone, or as to both principal and interest, and may in the future, at the request of the holder or registered owner thereof, be converted into bonds of different denominations, dollar for dollar, if the resolution authorizing the issuance of the bonds so to be converted so provides.
(c) Be issued in one or more series.
(d) Mature serially in regular numerical order at annual or other designated intervals, and in substantially equal amounts of principal, or in substantially equal amounts of principal and interest, insofar as practicable, but the first or last installment of principal, or both, may be for greater or lesser amounts than required by either of the aforesaid limitations or, at the option of the commission, the bonds may mature serially without limitation as to the manner they mature, commencing not later than 3 years from the date of the bonds and ending not more than 20 years therefrom. No bond, however, shall mature after 20 years from the effective date of this act.
(e) Bear interest at a rate or rates of not more than 5 percent per annum, the interest on each bond to be payable semiannually, except that the first coupon on any bond may represent interest for any period not in excess of 1 year.
(f) Be made payable in lawful money of the United States of America, at such place or places within or without the State of Nevada, as may be provided by the commission.
(g) Unless they be registered for payment as to principal and interest, have interest coupons attached in such manner as they can be removed upon the payment of the installments of interest without injury to the bonds. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.
(h) Pledge specifically the full faith and credit of the state for their payment.
κ1965 Statutes of Nevada, Page 718 (CHAPTER 341, AB 639)κ
3. The resolution authorizing the issuance of any series may provide for the redemption of any or all of the bonds prior to maturity, upon such terms, in such resolution, and upon the payment of such premium, if any, as the commission may determine and state therein.
4. The bonds shall otherwise be in such form and shall be printed at such place, within or without the State of Nevada, as may be determined by the commission.
Sec. 4. 1. The bonds shall be executed in the name of and on behalf of the State of Nevada, signed by the governor, and countersigned by the state treasurer, attested by the secretary of state, with the great seal of the State of Nevada affixed thereto.
2. Any interest coupons shall be payable to bearer and shall bear the original or facsimile signature of the state treasurer.
3. Use of facsimile signatures and seals on the bonds is authorized pursuant to the Uniform Facsimile Signatures of Public Officials Act, being chapter 351 of NRS, as it may from time to time be amended and supplemented.
Sec. 5. 1. 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 State of Nevada, 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.
2. 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 coupon pertaining thereto, or upon both the bond and such coupons.
Sec. 6. 1. All bonds shall be sold at public sale. No bonds shall be sold at less than par and accrued interest, nor shall any discount or commission be allowed or paid for the sale of the bonds.
2. Before selling the bonds the commission shall:
(a) Cause a notice calling for bids for the purchase of the bonds to be published in a newspaper printed in the state and having a general circulation therein. The notice shall be published once in each calendar week for 4 successive calendar weeks immediately preceding the day when the bids will be opened publicly.
(b) Give such other notice as may be deemed necessary by the commission.
Sec. 7. The notice shall:
1. Specify a place and designate a day and the hour thereof when sealed bids for the purchase of the bonds shall be received and opened publicly by the commission.
2. Specify the maximum rate of interest the bonds shall bear.
3. Require each bidder to submit a written bid specifying:
(a) The lowest rate of interest and premium, if any, above par, at which the bidder will purchase the bonds; or
(b) The lowest rate of interest at which the bidder will purchase the bonds at par.
κ1965 Statutes of Nevada, Page 719 (CHAPTER 341, AB 639)κ
Sec. 8. All bids shall:
1. Be in writing.
2. Be sealed.
3. Except any bid of any board or department of the State of Nevada, if one is received, by accompanied by a deposit of 2 percent of the amount of the bid, either in cash or by cashiers check or treasurers check of or certified check drawn on a solvent bank or trust company.
Sec. 9. 1. The bonds shall be sold to the responsible bidder making the highest bid therefor, subject to the right of the commission to reject any and all bids and to readvertise the bonds for sale.
2. If there be two or more equal bids for the bonds, and such equal bids are the highest bids received from responsible bidders, and for not less than par and accrued interest, the commission shall determine which of the equal bids shall be accepted, or may divide the bonds so issued between or among the equal bidders.
Sec. 10. 1. If a bid for the bonds is accepted, the commission shall return the deposits of all other bidders immediately.
2. If the successful bidder fails or neglects to complete the purchase of the bonds within 30 days immediately following the acceptance of the bid, or within 10 days after the bonds are made ready and are offered by the commission for delivery, whichever is later, the amount of the deposit shall be forfeited to the general fund in the state treasury (but no bidder shall forfeit such deposit whenever the bonds are not ready and so offered for delivery within 60 days from the date of the acceptance of his bid), and the commission may publicly resell the bonds as herein provided.
Sec. 11. If all bids for the bonds are rejected, the commission shall:
1. Forthwith return the deposits of all bidders.
2. Readvertise the bonds for sale in the same manner as is provided for the original advertisement.
Sec. 12. 1. Before the commission shall deliver bonds under this act, all such bonds shall be registered by the state treasurer in a book kept in his office for that purpose.
2. The register shall show:
(a) The amount of the bonds.
(b) The time of payment.
(c) The rate of interest the bonds bear.
3. After registration by the state treasurer, the state treasurer shall cause the bonds to be delivered to the purchaser or purchasers thereof from the commission, upon payment being made therefor on the terms of the sale or sales.
Sec. 13. 1. 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 state:
(a) Proof of ownership;
(b) Proof of loss or destruction;
(c) A surety bond in twice the face amount of the bond and coupons; and
(d) Payment of the cost of preparing and issuing the new bond.
κ1965 Statutes of Nevada, Page 720 (CHAPTER 341, AB 639)κ
2. If mutilated or for any other sufficient reason other than loss or destruction, any bond or bonds may be reissued in the same denomination or different denominations, dollar for dollar, with the same or different place or places of payment, but otherwise in the form and tenor of the replaced bond or bonds, in exchange and substitution for and upon the cancellation of the replaced bond or bonds and all unmatured coupons, if any, appertaining thereto, at the expense of the holder or registered owner thereof and to the satisfaction of the state.
3. Any reissued bond or bonds shall be authorized by resolution of the commission, consisting of the state officers designated in section 2 of chapter 432, Statutes of Nevada 1963, and then in office.
Sec. 14. Payment of the principal and the interest on the bonds shall be made from the consolidated bond interest and redemption fund of the State of Nevada, under the provisions of NRS 349.080 to 349.140, inclusive.
Sec. 15. There shall be levied annually a special tax on all property, both real and personal, subject to taxation within the boundaries of the State of Nevada, including the net proceeds of mines, sufficient to pay the interest on the bonds and to pay and retire the same as provided in this act; and the amount of money to be raised by such tax shall be included in the annual estimate or budget for each county in the state for each year for which such tax is hereby required to be levied. Such tax shall be levied and collected in the same manner and at the same time as other taxes are levied and collected. The proceeds thereof levied to pay interest on the bonds shall be kept by the state treasurer in a special fund, separate and apart from all other funds, and the proceeds of the tax levied to pay the principal of the bonds shall be kept by the state treasurer in a special fund, separate and apart from all other funds, which two special funds shall be used for no other purpose than the payment of the interest on the bonds and the principal thereof, respectively, as the same shall fall due. Such tax shall be levied immediately after the issuance of any bonds herein authorized, at the times and in the manner provided by law, and annually thereafter until all of the bonds, and the interest thereon, shall have been discharged. Any sums coming due on the bonds at any time when there are not on hand from such tax levy or levies sufficient funds to pay the same shall be promptly paid when due from the general fund of the state, reimbursement to be made to such general fund in the sums thus advanced when the taxes herein provided for shall have been collected. Nothing herein contained shall be so construed as to prevent the state from applying any other funds that may be available for that purpose to the payment of the interest or principal as the same respectively mature, including, without limiting the generality of the foregoing, the payment of the bonds as provided in section 14 hereof, and upon such payments, the levy or levies here provided may thereupon to that extent be diminished. In any year in which the total taxes levied by all overlapping units within the boundaries of the State of Nevada may exceed the limitation of 5 cents on the dollar imposed by section 2 of article 10 of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made by any and all such units, the reduction so made shall be in taxes levied by such unit or units (including the state) for purposes other than the payment of their bonded indebtedness, including interest thereon.
κ1965 Statutes of Nevada, Page 721 (CHAPTER 341, AB 639)κ
thereof to reduce the levies made by any and all such units, the reduction so made shall be in taxes levied by such unit or units (including the state) for purposes other than the payment of their bonded indebtedness, including interest thereon. The taxes levied hereafter for the payment of such bonded indebtedness and the interest thereon, shall always enjoy a priority over taxes levied by each such unit (including the state) for all other purposes where reduction is necessary to comply with the limitations of section 2 of article 10 of the constitution of the State of Nevada.
There is by this act, and there shall be by resolution authorizing the issuance of any bonds hereby authorized, specially appropriated the proceeds of such taxes to the payment of such principal and interest; and such appropriations shall not be repealed nor the taxes postponed or diminished (except as herein otherwise expressly provided) until the principal of and interest on the bonds shall have been wholly paid.
Sec. 16. The faith of the State of Nevada is hereby pledged that this act shall not be repealed until all the bonds issued under and by virtue hereof, and the interest thereon, shall have been paid in full as provided in this act.
Sec. 17. The resolution providing for the issuance of the bonds may state that the bonds may contain a recital that they are issued pursuant to this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
Sec. 18. 1. There is hereby appropriated from the general fund in the state treasury to the 1965 state general obligation bond commission fund created by section 19 of chapter 432, Statutes of Nevada 1963, the sum of $20,000.
2. Within the limitations of the appropriation made by subsection 1, the commission is authorized to employ legal, fiscal and other expert services in connection with the authorization, issuance and sale of the bonds. All expenses incurred for the preparation, sale and delivery of the bonds, including the preparation of the certified copy of the transcript for the successful bidder, are legal charges against the 1965 state general obligation bond commission fund.
3. After the delivery of the bonds any balance remaining of the moneys herein appropriated shall revert to the general fund in the state treasury.
Sec. 19. The proceeds of the sale or sales of the bonds shall be credited to the state planning board in the state treasury for its use pursuant to the provisions of section 2 of this act, but if it shall appear at the time of the receipt of such proceeds that the state planning board does not require all or a portion of such proceeds immediately, such proceeds or portion thereof may be invested by the state board of finance in short-term bonds, certificates or other evidences of indebtedness of the United States of America or any of its agencies or instrumentalities when such obligations are guaranteed as to principal and interest by the United States of America or by any agency or instrumentality thereof. Any interest received from such investments shall be deposited in the general fund in the state treasury.
Sec. 20. 1. The state planning board is charged with the duty of acquiring the projects authorized by this act:
κ1965 Statutes of Nevada, Page 722 (CHAPTER 341, AB 639)κ
(a) As provided in chapter 341 of NRS;
(b) Relating to the preparation of the plans, specifications and contract documents necessary to the acquisition of the projects described in section 2 of this act.
2. The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to acquire the projects and, if necessary, to assist in the preparation of contract documents necessary to the acquisition of such projects.
3. All work in connection with projects authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.
4. The state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for each project designated in section 2 of this act. Approved plans and specifications for such project shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on a part or parts of such project, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.
Sec. 21. This act, without reference to other statutes of the state, shall constitute full authority for the authorization and issuance of bonds hereunder, except as herein otherwise specifically provided. No other act or law with regard to the authorization or issuance of bonds that in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto. The powers conferred by this act shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this act shall not affect the powers conferred by, any other law. No part of this act shall repeal or affect any other law or part thereof.
Sec. 22. Bonds issued under the provisions of this act, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by the State of Nevada or any subdivision thereof.
Sec. 23. It shall be legal for any of the agencies and departments of the State of Nevada or political subdivisions or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds authorized to be issued pursuant to the provisions of this act.
Sec. 24. This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purpose.
Sec. 25. 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. 26. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 723κ
Assembly Bill No. 390Mr. Close
CHAPTER 342
AN ACT to amend Title 16 of NRS, relating to crimes, punishments and correctional institutions, by adding a new chapter creating a commission on peace officer standards and training; prescribing powers of the commission; and providing other matters properly relating thereto.
[Approved April 8, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 16 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 9, inclusive, of this act.
Sec. 2. 1. There is hereby created under the attorney generals office a commission on peace officer standards and training, hereafter referred to as the commission.
2. The governor shall appoint:
(a) Three members who are sheriffs, chiefs of police, or peace officers nominated by their respective sheriffs or chiefs of police;
(b) One member who is an elected county official; and
(c) One member who is an elected city official.
3. The members of the commission first appointed shall hold office, two for 1 year, two for 2 years, and one for 3 years. Thereafter each member shall be appointed for a term of 3 years.
Sec. 3. 1. The commission shall elect one of its members as chairman and one of its members as vice chairman.
2. At any meeting, three members shall constitute a quorum.
3. The attorney general shall summon the commission to its first meeting.
Sec. 4. The members of the commission shall serve without compensation but shall be entitled to reimbursement by their employers for their actual and necessary travel expenses incurred in the performance of their duties. For purposes of compensation, attendance at meetings of the commission shall be deemed performance by a member of the duties of his local government employment.
Sec. 5. All meetings of the commission shall be open and public and all persons shall be permitted to attend any meeting of the commission.
Sec. 6. The commission shall have the power to:
1. Meet at such times and places as it deems necessary;
2. Cooperate with and seek the cooperation of city, county and state agencies, commissions and boards relative to peace officer training and related activities; and
3. Adopt such regulations as are necessary to carry out the purposes of this chapter.
Sec. 7. For the purpose of raising the level of competence of state and local law enforcement officers, the commission shall adopt, and may from time to time amend, rules establishing minimum standards relating to physical, mental and moral fitness which shall govern the recruitment of any city, county or state agency employing peace officers.
κ1965 Statutes of Nevada, Page 724 (CHAPTER 342, AB 390)κ
recruitment of any city, county or state agency employing peace officers.
Sec. 8. In establishing standards for training, the commission may, as far as is consistent with the purposes of this chapter, permit required training to be obtained at existing institutions approved by the commission.
Sec. 9. The commission shall make such inquiries as may be necessary to determine whether every city, county and state agency is adhering to the standards for recruitment and training established by the commission.
________
Assembly Bill No. 471Clark County Delegation
CHAPTER 343
AN ACT to amend NRS section 258.010, relating to elections and term of office of constables, by increasing terms of office to 4 years.
[Approved April 8, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 258.010 is hereby amended to read as follows:
258.010 1. Constables shall be elected by the qualified electors of their respective townships.
2. The constables of the several townships of the state shall be chosen at the general election of [1866,] 1966, and shall enter upon the duties of their offices on the 1st Monday of January next succeeding their election, and shall hold their offices for the term of [2] 4 years thereafter, until their successors are elected and qualified.
3. Constables shall receive certificates of election from the boards of county commissioners of their respective counties.
________
Assembly Bill No. 635Committee on Ways and Means
CHAPTER 344
AN ACT to amend NRS section 481.140, relating to the composition of the Nevada highway patrol, by increasing the number of authorized personnel.
[Approved April 8, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 481.140 is hereby amended to read as follows:
481.140 The Nevada highway patrol shall be composed of the following personnel appointed by the director of the department of motor vehicles:
1. One director.
2. Two inspectors.
3. Not more than [63] 68 additional personnel, of which [50] 53 shall be patrolmen.
________
κ1965 Statutes of Nevada, Page 725κ
Assembly Bill No. 33Committee on State, County and City Affairs
CHAPTER 345
AN ACT to amend chapter 354 of NRS, relating to county, municipal and district financial administration, by adding new sections providing uniform budget and audit procedures and optional methods of accounting for local governments, creating an advisory committee, making uniform the manner of adopting emergency loan resolutions by counties and other local governments, defining terms, making uniform the prohibition of unlawful contracts by officers of counties and other local governments, providing forfeiture of office upon conviction thereof, and providing a penalty; to amend NRS sections 244.275, 266.660, 267.125, 269.095, 269.100, 269.110, 269.281, 309.250, 309.260, 310.160, 311.190, 314.390, 314.410, 316.200, 318.250, 354.080, 354.430 to 354.450, inclusive, 355.130, 360.220, 361.455, 379.105, 450.230, 463.320, 474.170, 474.190, 540.590 and 547.090, relating to financial administration of counties, county hospitals, cities, towns, school districts and other districts, by making changes necessitated by the addition of such new sections; to repeal NRS sections 354.010 to 354.070, inclusive, 354.120, 354.330 to 354.420, inclusive, 387.330, 658.130 and 658.140, relating to county, municipal and district financial administration; to amend the charters of the cities of Caliente, Carson City, Elko, Gabbs, Las Vegas, North Las Vegas, Reno, Sparks, Wells, and Yerington, being respectively chapter 289, Statutes of Nevada 1957, as amended, chapter 43, Statutes of Nevada 1875, as amended, chapter 84, Statutes of Nevada 1917, as amended, chapter 381, Statutes of Nevada 1955, as amended, chapter 132, Statutes of Nevada 1911, as amended, chapter 283, Statutes of Nevada 1953, as amended, chapter 71, Statutes of Nevada 1905, as amended, chapter 180, Statutes of Nevada 1949, as amended, chapter 104, Statutes of Nevada 1927, as amended, and chapter 72, Statutes of Nevada 1907, as amended, by changing terminology to conform to such new sections and deleting provisions inconsistent therewith; to amend chapter 48, Statutes of Nevada 1965, approved February 19, 1965, by adding a new section specifying an effective date; and providing other matters properly relating thereto.
[Approved April 8, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 354 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 76, inclusive, of this act.
Sec. 2. Sections 2 to 76, inclusive, may be cited as the Local Government Budget Act.
Sec. 3. 1. The purposes of sections 2 to 76, inclusive, are:
(a) To establish standard methods and procedures for the preparation, presentation, adoption, administration and appraisal of budgets of all local governments.
(b) To enable local governments to make financial plans for both current and capital expenditure programs and to formulate fiscal policies to accomplish these programs.
(c) To provide for estimation and determination of revenues, expenditures and tax levies.
(d) To provide for the control of revenues and expenditures in order to promote prudence and efficiency in the expenditure of public funds.
(e) To enable local governments to borrow money to meet emergency expenditures.
(f) To provide specific methods enabling the public, taxpayers and investors to be apprised of the financial preparations, plans, policies and administration of all local governments.
κ1965 Statutes of Nevada, Page 726 (CHAPTER 345, AB 33)κ
investors to be apprised of the financial preparations, plans, policies and administration of all local governments.
2. For the accomplishment of these purposes the provisions of this act shall be broadly and liberally construed.
Sec. 4. The provisions of this act shall apply to all local governments. For the purpose of this act, local government means every political subdivision or other entity which has the right to levy or receive moneys from ad valorem taxes, and includes without limitation counties, cities, towns, school districts and other districts organized pursuant to chapters 309, 310, 311, 313, 314, 316, 318, 379, 473, 474, 539, 540, 542, and 543 of NRS.
Sec. 5. For the purposes of this act, the governing bodies, officers and employees of every local government shall have the powers and be subject to the duties expressly stated or necessarily implied in this act.
Sec. 5.5. The Nevada tax commission shall determine and advise responsible local government officers of regulations, procedures and report forms for compliance with this act. It shall make such determinations after hearing the advice and recommendations of a nine-member advisory committee composed of three persons appointed by the Nevada Municipal Association, three persons appointed by the Nevada Association of County Commissioners, and three persons appointed by the Nevada School Trustees Association. The persons first appointed by each association shall be designated to serve terms of 1, 2 and 3 years respectively, and each subsequent appointment shall be for a term of 3 years.
Sec. 6. As used in sections 2 to 76, inclusive, unless the context otherwise requires, the words and terms defined in sections 7 to 59, inclusive, shall have the meanings ascribed to them in sections 7 to 59, inclusive.
Sec. 7. Account means a formal record of a particular type of a transaction expressed in money.
Sec. 8. Allowance for depreciation means the accumulation of periodical credits made to record the reduction in the value of fixed assets as a result of depreciation.
Sec. 9. Appropriation means an authorization by a governing body to make expenditures and to incur obligations for specified purposes.
Sec. 10. Assets means the entire property of a governmental function for which a fund was established.
Sec. 11. Audit means the examination and analysis of accounting procedures and other evidence made in conformity with generally accepted auditing standards for the following purposes:
1. Determining the propriety, legality and mathematical accuracy of proposed or consummated transactions;
2. Ascertaining whether all transactions have been recorded;
3. Determining whether transactions are accurately reflected in the accounts and in the statements drawn therefrom in accordance with generally accepted accounting principles applicable in the circumstances;
4. Determining whether the handling of the public money is protected by adequate accounting controls;
κ1965 Statutes of Nevada, Page 727 (CHAPTER 345, AB 33)κ
5. Determining whether the fiscal controls established by law and administrative rules and regulations are being properly applied;
6. Determining whether there is any evidence that fraud or dishonesty has occurred in the handling of funds or property; and
7. Determining whether property and equipment are properly accounted for and detailing any evidence that property and equipment are improperly disposed of or used.
Sec. 12. Balance sheet means a statement ordinarily prepared from books kept by double entry showing assets and other resources, liabilities and other obligations, and surplus of a fund or governmental unit at a specified date properly classified to exhibit financial position of the fund or unit at that date.
Sec. 13. Bank account means a formal record of deposits and withdrawals maintained by a financial institution for a local government.
Sec. 14. Budget means a plan of financial operation embodying an estimate of expenditures for a given period or purpose and the proposed means of financing the estimated expenditures.
Sec. 15. Budget resources means financial resources to which recourse can be had to meet obligations and expenditures during the budget year.
Sec. 16. Budget year means the fiscal year for which a budget is being prepared.
Sec. 17. Capital improvement fund means a fund established for the purpose of making expenditures which will result in the acquisition of or addition to fixed assets.
Sec. 18. Cash means currency, checks, postal and express money orders and bankers drafts on hand or on deposit with an official or agent designated as custodian of cash and bank deposits.
Sec. 19. Cash basis means the system of accounting under which revenues are recorded only when received and expenditures are recorded only when paid.
Sec. 20. Clearing account means an account used to accumulate total charges or credits for the purpose of distributing them later among the accounts to which they are allocable or for the purpose of transferring the net difference to the proper account.
Sec. 21. Contingency account means assets or other resources set aside to provide for unforeseen expenditures or anticipated expenditures of an uncertain amount.
Sec. 22. Current year means the fiscal year in progress.
Sec. 23. Debt service means the payment of principal or interest on obligations of the local government.
Sec. 24. Deposit means money or cash placed in an account with an accredited banking institution as determined by the state superintendent of banks.
Sec. 25. Depreciation means:
1. Expiration of service life of fixed assets attributable to wear and tear through use and lapse of time, obsolescence, inadequacy or other physical or functional cause.
2. The portion of the cost of a fixed asset charged as an expense during the particular period.
κ1965 Statutes of Nevada, Page 728 (CHAPTER 345, AB 33)κ
Sec. 26. Encumbrances means obligations in the form of purchase orders, contracts or other commitments which are chargeable to an appropriation and for which a part of the appropriation is reserved.
Sec. 27. Estimated revenue means the amount of revenues estimated to be collected during a given period.
Sec. 28. Expenditure means:
1. If accounts are kept on the modified accrual basis, total charges incurred whether paid or unpaid, for current expenses, capital outlay and debt service.
2. If accounts are kept on the cash basis, actual disbursements for these purposes (encumbrances are not considered expenditures).
Sec. 29. Expense adjustment means reduction of a previously recorded expenditure by such things, without limitation by enumeration, as resale of supplies, refunds, rebates and collections for loss or damage to public property.
Sec. 30. Final budget means the budget that has been adopted by a local governing body or adopted by default as defined by this act and approved by the Nevada tax commission for the ensuing fiscal year.
Sec. 31. Fiscal year means the 12-month period beginning on the 1st day of July and ending on the last day of June.
Sec. 32. Fixed assets means assets of a long-term character which are intended to continue to be held or used such as land, buildings, machinery, furniture and other equipment.
Sec. 33. Fund means a self-balancing group of accounts, including assets, liabilities, surplus, income and expenses segregated for the purpose of carrying on a specific function or attaining certain objectives in accordance with law, regulations, restrictions or limitations and constituting an independent fiscal and accounting entity.
Sec. 34. Fund accounts means all accounts necessary to set forth the financial operations and financial condition of a fund.
Sec. 35. General fund means the fund that is available for any legally authorized purpose and which is therefore used to account for all revenues and all activities not provided for in other funds. The general fund is used to finance the ordinary operations of a governmental unit.
Sec. 36. Governing body means the board, council, commission or other body in which the general legislative and fiscal powers of the local government are vested.
Sec. 37. Governmental function means a segment of the organization structure of a local government such as, without limitation by enumeration, police, fire, health, public works, administration, instruction, transportation and welfare, which segments of the organization structure shall be defined and limited by the Nevada tax commission and such other supervisory bodies as may be designated by law for particular local governments.
Sec. 38. Interfund loan means a loan made by one fund to another.
Sec. 39. Interfund transfer means an amount of money transferred from one fund to another.
κ1965 Statutes of Nevada, Page 729 (CHAPTER 345, AB 33)κ
Sec. 40. Investments means securities including those issued by the local government or other property in which money is invested either temporarily or permanently.
Sec. 40.5. Last completed year means the fiscal year immediately preceding the current year.
Sec. 41. Liabilities means debts or other legal obligations arising out of transactions in the past which must be liquidated, or refunded at some future date.
Sec. 42. Modified accrual basis means the system of accounting under which revenues are recorded as received and expenditures are recorded as soon as they result in liabilities notwithstanding that the disbursement involved may take place in whole or in part in another accounting period.
Sec. 43. Operating expense means:
1. In the accounts of utilities and other governmental enterprises of a business character, such costs as are necessary to the maintenance of the enterprise, the rendering of services for which operated, the sale of merchandise, the production and disposition of commodities produced, and the collection of revenues.
2. Expenses for general government purposes.
Sec. 44. Operating revenue means revenue derived from the operation of municipal utilities or other governmental enterprises of a business character.
Sec. 45. Operating statement means a statement summarizing the financial operation of a local government for an accounting period as contrasted with a balance sheet which shows financial conditions at a given moment of time.
Sec. 46. Reimbursement means cash or other assets received as a repayment of the cost of work or services performed or other expenditures made for or on behalf of another governmental unit or department or for an individual firm or corporation.
Sec. 47. Reserve means an account set up to indicate the segregation of surplus to meet contingent liabilities or other segregations of surplus.
Sec. 48. Revenue means the increase in ownership equity expressed in cash during a designated period of time.
Sec. 48.5. Revenue adjustment means reduction of a previously recorded item of revenue because of circumstances requiring refund of revenue previously received and recorded by a local government.
Sec. 49. Securities means bonds, notes, mortgages and other forms of negotiable or nonnegotiable instruments calling for the payment of money.
Sec. 50. Self-supporting special activity fund means a fund established to finance the construction, operation and maintenance of a self-supporting enterprise such as, without limitation by enumeration, airports, cafeterias, school farms, summer school programs, adult education programs and housing projects.
Sec. 51. Special revenue fund means a fund used to finance particular activities from the receipts of specific taxes or other revenues. Such a fund is usually created through statutory or charter provisions to provide certain activities with definite and continuing revenues.
κ1965 Statutes of Nevada, Page 730 (CHAPTER 345, AB 33)κ
to provide certain activities with definite and continuing revenues. After the fund is created it usually continues from year to year until discontinued or revised by proper legislative action.
Sec. 52. Surplus means the excess of assets of a fund over its liabilities.
Sec. 53. Tax rate means the amount of tax stated in terms of a unit of the tax base.
Sec. 54. Taxes means compulsory charges levied by a government unit against the income or wealth of a person, natural or corporate, for the common benefit of all. The term does not include charges made against particular persons or property for current benefits and privileges accruing only to those paying such charges, such as licenses, permits and assessments, nor does it include water, sewer, garbage or other service or use fees furnished through municipally operated utilities.
Sec. 55. Tentative budget means the budget that is prepared initially, published and recorded by each local government for an ensuing fiscal year prior to its approval by the Nevada tax commission and such other supervisory bodies as are charged by law with the examination of tentative budgets, and prior to its subsequent adoption.
Sec. 56. Trust and agency fund means a fund consisting of resources received and held by the local government as trustee to be expended or invested in accordance with the conditions of the trust.
Sec. 57. Unencumbered balance of appropriation means that portion of an appropriation not yet expended or encumbered, the balance remaining after deducting from the appropriation or allotment the accumulated expenditures and outstanding encumbrances.
Sec. 58. Utility fund means a fund established to finance the construction, operation and maintenance of a utility owned by a local government, such as, without limitation by enumeration, gas, water, electricity, public transportation or sewage treatment.
Sec. 59. Working capital revolving fund means a fund established to finance activities usually of a manufacturing or service nature such as, without limitation by enumeration, shops and garages, asphalt plants and central purchases and stores departments.
Sec. 59.5. Whenever the terms of this act require or refer to action of a governing body by resolution, the governing body may at is discretion act by ordinance, if it is otherwise authorized by law to adopt ordinances.
Sec. 60. Whenever the terms of this act require publication of notice, such requirement shall be deemed to have been met when such notice is published once in some newspaper published within the area encompassed or served by the local government. However, if no such newspaper is published within that area such notice shall be published in some newspaper published in the State of Nevada and having a general circulation in the area. The cost of publications shall be a proper charge against the appropriate fund of the local government.
Sec. 61. 1. On or before March 15 of each year, the officer charged by law shall prepare, or the governing body shall cause to be prepared, a tentative budget for the ensuing fiscal year, and this budget shall be filed for public record and inspection in the office of the clerk or secretary of the governing body, in the office of the county clerk, in the office of the Nevada tax commission, and, in the case of school districts, in the office of the state department of education.
κ1965 Statutes of Nevada, Page 731 (CHAPTER 345, AB 33)κ
filed for public record and inspection in the office of the clerk or secretary of the governing body, in the office of the county clerk, in the office of the Nevada tax commission, and, in the case of school districts, in the office of the state department of education. The governing body shall, at the time of filing the tentative budget, give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of such hearing to be published once at least 7 days prior to the date set for such hearing, setting forth:
(a) The time and place of the public hearing.
(b) A tentative budget prepared in such detail and on appropriate forms as prescribed by the Nevada tax commission, whose duty it shall be to prescribe such forms for the use of local governments.
(c) A statement indicating where copies of the tentative budget are on file and available for public inspection.
2. Budget hearings for county budgets shall be held on the 3rd Monday in April; budget hearings for cities shall be held on the 3rd Tuesday in April; budget hearings for school districts shall be held on the 3rd Wednesday in April; budget hearings for all other local governments shall be held on the 3rd Thursday in April, except that county commissioners may consolidate the hearing on all local government budgets administered by them with the county budget hearing to be held on the 3rd Monday in April.
3. A copy of the tentative budget and notice of public hearing shall be submitted to the Nevada tax commission, and in the case of school districts also to the superintendent of public instruction, on or before March 16.
4. The Nevada tax commission shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days prior to the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice shall indicate the manner in which the submitted documents fail to comply with law or appropriate regulations. The notice or certificate shall be read at the public hearing.
5. Whenever the governing body receives from the Nevada tax commission a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.
Sec. 62. 1. At the time and place advertised for public hearing, or at any time and place to which such public hearing is from time to time adjourned, the governing body shall hold a public hearing on the tentative budget, at which time interested persons shall be given an opportunity to be heard.
2. At the public hearing, the governing body shall first amend the budget to conform to the requirement of the Nevada tax commission and shall indicate other changes, if any, to be made in the tentative budget, and shall adopt a final budget by the favorable votes of a majority of all members of the governing body. The final budget shall be adopted on or before April 30 of each year. Should the governing body fail to adopt a final budget on or before the required date, the budget adopted and approved by the Nevada tax commission for the current year, adjusted as to content and rate in such manner as the Nevada tax commission may consider necessary, shall automatically become the budget for the ensuing fiscal year.
κ1965 Statutes of Nevada, Page 732 (CHAPTER 345, AB 33)κ
current year, adjusted as to content and rate in such manner as the Nevada tax commission may consider necessary, shall automatically become the budget for the ensuing fiscal year. When a budget has been so adopted by default, the governing body may not reconsider such budget without the express approval of the Nevada tax commission. If such a default budget creates a combined ad valorem tax rate in excess of the constitutional limit, the Nevada tax commission shall adjust such budget as provided in subsection 2 of NRS 361.455.
3. The final budget shall be certified by a majority of all members of the governing body. In the event a tentative budget is adopted by default as provided in subsection 2, the clerk of the governing body shall certify the budget. Certified copies shall be distributed as determined by the Nevada tax commission.
4. Upon the adoption of the final budget or the amendment of the budget in accordance with section 66 of this act, the several amounts stated therein as proposed expenditures shall be and become appropriated for the purposes indicated in the budget.
5. No governing body shall adopt any budget which appropriates for any fund any amount in excess of the budget resources of that fund.
Sec. 63. 1. Each budget shall include detailed estimates of budget resources for the budget year classified by funds and sources in a manner and on forms prescribed by the Nevada tax commission.
2. Each budget shall include detailed estimates of expenditures for the budget year classified in a manner and on forms prescribed by the Nevada tax commission.
Sec. 64. Within 30 days after September 30, December 31, March 31 and June 30 of each year, the governing body of each local government shall cause to be published a report in the form prescribed by the Nevada tax commission showing, for each item of detailed estimate required by section 63 of this act, the amount estimated and the amount actually received or expended. Any emergency loan received shall be included and briefly explained in a footnote. A copy of such report shall be filed immediately:
1. With the Nevada tax commission;
2. In the case of school districts, with the state department of education; and
3. In the office of the clerk or secretary of the governing body, as a public record available for inspection by any interested person.
Sec. 65. Each local government shall maintain, according to its own needs, the following funds as defined by this act:
1. A general fund.
2. A fund for each utility or enterprise, except that if more than one utility such as a water system and a sanitary system are operated as a combined or consolidated system one fund bearing a combination title may be established.
3. Self-supporting special activity funds.
4. A special assessment fund for each special improvement district established or administered by the governing body.
5. Debt service funds, which shall be established to provide for the retirement of general obligation bonds, emergency loans and payment of interest thereon.
κ1965 Statutes of Nevada, Page 733 (CHAPTER 345, AB 33)κ
retirement of general obligation bonds, emergency loans and payment of interest thereon.
6. Working capital revolving funds.
7. Capital improvement or bond funds, as required, which shall be established to account for the application of proceeds from the sale of bonds to the specific purposes for which they are authorized.
8. Trust and agency funds for the purpose of accounting for money and property received and held by the local government as trustee or custodian, or in the capacity of an agent, for certain individuals or other governmental units.
9. Special revenue funds.
10. Such other funds as may be required by law or the needs of the local government.
Sec. 66. 1. Whenever such action does not increase the total appropriation for any fiscal year and is not in conflict with other statutory provisions, the budget appropriations may be transferred between accounts in the following manner:
(a) The person designated to administer the budget for a local government may transfer appropriations within governmental functions as defined by section 37 of this act, if:
(1) The governing body is advised of such action at the next regular meeting; and
(2) Such action is recorded in the official minutes of such meeting.
(b) Upon recommendation of the person designated to administer the budget, the governing body may authorize the transfer of appropriations between governmental functions and between funds, if:
(1) The governing body announces publicly at a regular meeting its intention to transfer appropriations and sets forth the exact amounts to be transferred and the accounts, functions and funds affected;
(2) The transfer is made at the next regular meeting, without change in the amounts, accounts, functions and funds so announced;
(3) The governing body sets forth its reasons for the transfer: and
(4) Such action is recorded in the official minutes of such meetings.
(c) The governing board may authorize the transfer of appropriations from the contingency account as provided in section 67 of this act by resolution adopted at any regular meeting.
2. Nothing in sections 2 to 76, inclusive, of this act shall preclude the amendment of a budget by increasing the total appropriation for any fiscal year to include a grant-in-aid, gift or bequest from a private donor to a local unit of government which is required to be used for a specific purpose as a condition of the grant. Acceptance of such grant and agreement to the terms imposed by the granting agency or person shall constitute an appropriation to the purpose specified.
Sec. 67. The governing body of any local government may establish and maintain for each fiscal year a contingency account not to exceed 3 percent of the total general fund budget. No expenditure shall be made directly from such contingency account, except as a transfer to the appropriate fund or account, and then only in accordance with the procedure established in section 66 of this act.
κ1965 Statutes of Nevada, Page 734 (CHAPTER 345, AB 33)κ
the appropriate fund or account, and then only in accordance with the procedure established in section 66 of this act.
Sec. 68. 1. A local government may establish by resolution one or more utility funds, for any utilities which it is authorized by law to operate. The resolution establishing a fund shall set forth in detail the following:
(a) The object or purpose of the fund.
(b) The statutory authorization to conduct the utility operation.
(c) The source or sources to be used to finance the utility operation and the statutory authority to levy charges and fees for the utility.
(d) The method for controlling expenditures and revenues of the fund.
(e) The method for controlling reserves, depreciation allowances and surpluses.
2. No expenditures from a utility fund shall be made in excess of the balance of such fund.
3. Each utility fund shall support all expenditures properly related to the purpose of the fund, including but not limited to debt service, capital outlay and operating expenses. No surplus that may be made available to other funds or functions may be declared in a utility fund until after all proper expenditures have been encumbered against such fund.
Sec. 69. 1. A local government may establish by resolution one or more working capital revolving funds. The resolution establishing a fund shall set forth in detail the following:
(a) The object or purpose of the fund;
(b) The resources to be used to establish the fund;
(c) The source or sources from which the fund shall be replenished; and
(d) The method for controlling expenditures and revenues of the fund.
(e) The method for controlling reserves, depreciation allowances and surpluses.
2. No expenditures from working capital revolving funds shall be made in excess of the balance of such funds nor for a purpose for which there is no source of reimbursement established.
3. Reimbursement payments to working capital revolving funds shall be sufficient to pay all costs of the operation of the working capital revolving funds.
Sec. 70. 1. A local government may establish by resolution one or more self-supporting activity funds, for any such activities which it is authorized by law to conduct. The resolution establishing a fund shall set forth in detail the following:
(a) The object or purpose of the fund.
(b) The statutory authorization to conduct the self-supporting activity fund operation.
(c) The source or sources to be used to finance the self-supporting activity fund operation and the statutory authority to levy charges and fees for the activity fund.
(d) The method for controlling expenditures and revenues of the fund.
κ1965 Statutes of Nevada, Page 735 (CHAPTER 345, AB 33)κ
(e) The method for controlling reserves, depreciation allowances and surpluses.
2. No expenditures from a self-supporting activity fund shall be made in excess of the balance of such fund nor for a purpose which is not related to the function of the activity fund.
Sec. 71. 1. A local governing body may provide for the adjustment of expenses as defined by this act. Receipts from adjustment of expenses shall be credited to the governmental function to which the reimbursed expense was originally charged.
2. A local governing body may provide for the adjustment of revenues as defined by this act. Disbursements for adjustment of revenues shall be charged to the revenue account to which the refunded revenue was originally credited.
Sec. 72. 1. In case of great necessity or emergency, the governing body of any local government, by unaminous vote, by resolution reciting the character of the necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency.
2. Except as provided in subsection 3, before the adoption of any such emergency resolution, the governing body shall publish notice of its intention to act thereon in a newspaper of general circulation for at least one publication. No vote may be taken upon such emergency resolution until 10 days after the publication of the notice. The cost of publication of the notice required of a school district shall be a proper charge against the school district fund.
3. In school districts having less than 100 pupils in average daily attendance the publication of the emergency resolution may be made by posting conspicuously, in three different places in the school district, a notice containing in full the emergency resolution with the date upon which the board of trustees of the school district is to meet to act upon the emergency resolution. Posting of the notice shall be made not less than 10 days previous to the date fixed in the emergency resolution for action thereon.
Sec. 73. Any unencumbered balance on a modified accrual basis or any unexpended balance on a cash basis remaining to the credit of any appropriation shall lapse at the end of the fiscal year and shall revert to the available balance of the fund from which appropriated.
Sec. 74. The business of every local government shall be transacted upon a cash or modified accrual basis as defined in this act at the option of the local governing body, with the approval of the Nevada tax commission, which option shall first be exercised by resolution of the governing body prior to the effective date of this act. After the effective date of this act, change from one system of accounting to another shall require the approval of the Nevada tax commission.
Sec. 75. 1. Each local government shall provide for an annual audit of all funds and accounts of that local government, and may provide for more frequent audits as it deems necessary. If the local government fails to provide for an audit within 6 months from the close of a fiscal year, the Nevada tax commission shall cause such audit to be made at the expense of the local government. All audits shall be made by a public accountant certified or registered or by a partnership registered under the provisions of chapter 628 of NRS.
κ1965 Statutes of Nevada, Page 736 (CHAPTER 345, AB 33)κ
2. The governing body may, without requiring competitive bids, designate such accountant or firm annually.
3. Each annual audit shall cover the business of the local government during the full fiscal year. It shall be a comprehensive audit of the affairs of the local government, including comment on the balance sheets accounts, results of operations, compliance with statutes and regulations, recommendations for improvements, and any other comments deemed pertinent by the auditor, and including his expression of opinion as to the adequacy of the financial presentation. The form of the financial statements shall be prescribed by the Nevada tax commission, and the chart of accounts shall be as nearly as possible the same as that used in the preparation and publication of the annual budget. The audit shall compare operations of the local government with the approved budget. Included shall be a statement from the auditor that previously noted deficiencies in operations and previously made recommendations for improvements contained in previous audit reports have been acted upon by adoption as recommended, adoption with modifications, or rejection.
4. The narrative comments and suggestions of the auditor shall be read in full at a meeting of the governing body held not more than 30 days after the report is filed. Immediately thereafter, the entire audit report shall be filed as a public record with:
(a) The clerk or secretary of the governing body;
(b) The county clerk;
(c) The Nevada tax commission; and
(d) In the case of school districts, the state department of education.
Sec. 76. 1. No governing body or member thereof, officer, office, department or agency shall, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, temporary emergency loan repayments, and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates this act is guilty of a misdemeanor, and upon conviction thereof shall cease to hold his office or employment. Prosecution for any violation of this section may be conducted by the attorney general, or, in the case of incorporated cities or towns, school districts or special districts, by the district attorney.
2. Without limiting the generality of the exceptions contained in subsection 1, the provisions of this act specifically do not apply to:
(a) Purchase of comprehensive general liability policies of insurance which require an audit at the end of the term thereof.
(b) Long-term cooperative agreements as authorized by chapter 277 of NRS.
(c) Long-term contracts in connection with planning and zoning as authorized by chapter 278 of NRS.
(d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.
(e) Contracts between a local government and an employee covering professional services to be performed within 18 months following the date of such contract.
κ1965 Statutes of Nevada, Page 737 (CHAPTER 345, AB 33)κ
professional services to be performed within 18 months following the date of such contract.
(f) Contracts between a local government and any person, firm or corporation for the construction or completion of public works.
Sec. 77. NRS 244.275 is hereby amended to read as follows:
244.275 1. The board of county commissioners shall have power and jurisdiction in their respective counties:
(a) To purchase any real or personal property necessary for the use of the county.
(b) To lease any real or personal property necessary for the use of the county. The provisions of NRS 244.320 shall not apply concerning leases of real property, and members of the board shall be allowed to vote on any contract or lease which extends beyond their terms of office.
2. No purchase of real property shall be made unless the value of the same be previously appraised and fixed by three disinterested persons to be appointed for that purpose by the district judge. The persons so appointed shall be sworn to make a true appraisement thereof according to the best of their knowledge and ability.
3. [Notwithstanding the provisions of NRS 354.010,] Where a county has selected the cash basis of accounting pursuant to section 75 of this act, the board of county commissioners may enter into conditional sales contracts or other contracts providing for deferred payment of the purchase price of any equipment, supplies, materials or other personal property purchased for the county, but as provided in NRS 244.320, no member of the board shall be allowed to vote on any contract which extends beyond his term of office.
Sec. 78. NRS 266.660 is hereby amended to read as follows:
266.660 1. The cost and expense of a city hall and other buildings for the use of the city and its officers, engine houses and structures of the fire department, [waterworks,] city jail, levees and embankments, including the necessary land for such purposes, shall be paid for from the proper [general] fund of the city [;] , including proceeds of bonds authorized by law; except that, in case of lands appropriated for streets and rights-of-way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed.
2. Whenever, in the opinion of the city council, the benefits thereof are special, rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands abutting upon and adjacent to or otherwise benefited by such improvement. Such special assessment may be made in the manner hereinafter specified.
Sec. 79. NRS 267.125 is hereby amended to read as follows:
267.125 1. The governing body of a city having the type of commission form of government described in paragraph (b) of subsection 1 of NRS 267.010, which has acquired by the provisions of any federal or any other law real property within its corporate boundaries, and which has adopted a policy, by its charter, of leasing or selling such real property, or portions thereof, in a manner that will result in the maximum benefit accruing to the city from such leases and sales, may, by ordinance, with the approval of the Nevada tax commission, create a land improvement fund, which fund shall not be subject to the provisions of [NRS 354.330 to 354.400, inclusive.]
κ1965 Statutes of Nevada, Page 738 (CHAPTER 345, AB 33)κ
maximum benefit accruing to the city from such leases and sales, may, by ordinance, with the approval of the Nevada tax commission, create a land improvement fund, which fund shall not be subject to the provisions of [NRS 354.330 to 354.400, inclusive.] chapter 354 of NRS.
2. The land improvement fund may be composed of:
(a) Moneys transferred from any capital improvement fund existing pursuant to the provisions of the charter when so authorized by the registered voters of the city at an election.
(b) Moneys contributed from the general fund of the city by action of the governing body, which contributions need not be repaid to the general fund of the city.
(c) Such portion of the proceeds received by the city from the lease and sale of the real property as may be provided for by the charter or by city ordinance.
(d) Any other moneys the deposit of which in the land improvement fund is budgeted for by the governing body or authorized by the registered voters of the city.
3. Moneys in the land improvement fund may be expended for:
(a) Preparation of real property for sale or lease and costs incidental thereto.
(b) Acquisition and construction of improvements on such real property prior to its sale or lease.
Sec. 79.2. NRS 269.095 is hereby amended to read as follows:
269.095 1. All taxes, fines, forfeitures or other moneys collected or received by any officer or person, under or by virtue of any of the provisions of this chapter, shall be paid by the officer or person collecting or receiving the same to the county treasurer of the county in which the taxes or moneys were collected or received.
2. The county treasurer shall:
(a) Set the same apart as a fund to be used solely for the benefit of the town or city in which they were collected or received.
(b) Enter the same upon his books to the credit of the town or city.
(c) Divide the fund into two equal portions, one to be designated as the general fund and the other as a [redemption] debt service fund.
(d) Not pay any money out of the general fund except upon warrants drawn upon him by the county auditor of his county.
(e) Not pay any money out of the [redemption] debt service fund except in the manner specified in this chapter.
3. When all claims payable from the [redemption] debt service fund shall have been satisfied, then the fund shall cease and any money therein remaining shall be transferred to the general fund.
4. If at any time after creating a [redemption] debt service fund there shall be more money in the general fund than is necessary to meet current or anticipated expenses, the board of county commissioners shall direct the county treasurer to transfer such surplus to the [redemption] debt service fund, and the same shall thereafter be used as other moneys belonging to that fund.
Sec. 79.4. NRS 269.100 is hereby amended to read as follows:
269.100 Whenever there shall be any surplus money in either the fire department fund, [town] general fund, or police department fund, now or hereafter created by virtue of the laws of this state, in any unincorporated town, the boards of county commissioners of the respective counties may, and they are authorized and empowered to, transfer such surplus, or any portion thereof, from any one to either of the funds, in the manner and proportion best calculated, in the judgment of the county commissioners, to subserve and protect the credit of the other.
κ1965 Statutes of Nevada, Page 739 (CHAPTER 345, AB 33)κ
any unincorporated town, the boards of county commissioners of the respective counties may, and they are authorized and empowered to, transfer such surplus, or any portion thereof, from any one to either of the funds, in the manner and proportion best calculated, in the judgment of the county commissioners, to subserve and protect the credit of the other.
Sec. 79.6. NRS 269.110 is hereby amended to read as follows:
269.110 1. In all cases where a town or city in any county of this state has been incorporated by an act of the legislature thereof, or of the Territory of Nevada, or otherwise, or may be incorporated, and the same has been or may hereafter be disincorporated, and where at the time of such disincorporation there exists any funded debt or outstanding bonds, the board of county commissioners shall provide for the payment of the principal and interest of the same substantially in time, manner and form as provided by law or ordinance existent touching the same at the time of disincorporation. If there be no such law or ordinance, all such claims shall be paid out of the [redemption] debt service fund of such town or city, as provided in this chapter for the payment of other indebtedness.
2. The board of county commissioners of such county shall take possession of all the books, papers, documents, money, credits, claims, demands and other property of the town or city, and collect, hold or dispose of the same for the use and benefit of the inhabitants thereof; and in case the town or city shall have been at the time of disincorporation involved in debt, other than as above specified, the board of county commissioners shall ascertain the amount thereof, and cause evidences of indebtedness bearing interest on the principal sum thereof from date, at the legal rate of interest per annum, to be issued to the holder of the indebtedness, which evidences of indebtedness shall be in the following form:
.............................., 19 ......
No. ..............
$..............
This is to certify that the (designating the town or city by its name) is indebted to ........................ in the sum of ........................ dollars principal, and ........................ dollars interest, payable out of the [redemption] debt service fund of ........................; the principal sum of ........................ dollars to bear interest from this date at the legal rate per annum, principal, interest, and accruing interest payable in lawful money of the United States.
............................., Chairman of the
Board of County Commissioners of
............................. County, Nevada.
...............................
Clerk of ............... County, Nevada.
All blanks shall be appropriately filled.
3. No such evidence of indebtedness shall be issued upon any account, claim, demand, bond, warrant, scrip or other instrument, unless the same be filed with the clerk of the board of county commissioners within 3 months after the disincorporation of the town or city; and simultaneously upon issuance the account, claim or demand on which the same is issued shall be receipted, and the bond, warrant, scrip or other instrument shall be canceled.
κ1965 Statutes of Nevada, Page 740 (CHAPTER 345, AB 33)κ
on which the same is issued shall be receipted, and the bond, warrant, scrip or other instrument shall be canceled.
4. The county treasurer shall only use the money of the [redemption] debt service fund for the payment of the preexisting bonds or funded debt not otherwise provided for, as hereinbefore mentioned, and such evidences as shall be issued as last hereinbefore mentioned, and the interest thereon as provided in this chapter.
Sec. 80. NRS 269.281 is hereby amended to read as follows:
269.281 1. Municipal buildings for the use of the town and its officers, engine houses and the structures of the fire department, and other public purposes, including the necessary land for such purposes, shall be paid for from:
(a) The proper [general] fund of the town, except that, in case of lands apportioned for streets and rights-of-way, the cost thereof may be paid in whole or in part from the proceeds of special assessment bonds or a special assessment levied therefor in the manner herein prescribed; or
(b) The proceeds of any sale of general obligation bonds of the town issued pursuant to NRS 269.400 to 269.470, inclusive.
2. Whenever, in the opinion of the board, the benefits thereof are special rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvements. Such special assessments may be made in the manner hereinafter specified.
Sec. 81. NRS 309.250 is hereby amended to read as follows:
309.250 1. The following funds, to which the moneys properly belonging shall be apportioned, are hereby created and established.
(a) Construction fund. Moneys accruing from the sale of bonds and from any assessments levied for the direct payment of cost of construction, purchase of property, or other undertakings for which bonds may be issued, shall be deposited and kept in the construction fund. Whenever all construction work is completed, any money remaining in the construction fund may be transferred to the general fund.
(b) [Bond] Debt service fund. Moneys accruing from assessments levied for the payment of interest and principal on bonds shall be deposited and kept in the [bond] debt service fund. Surplus moneys in the [bond] debt service fund, subject to the approval of the irrigation district bond commission, may be placed at interest or invested in bills, notes, certificates of indebtedness, bonds or other similar securities which are direct obligations of the United States or which are unconditionally guaranteed as to payment, both of principal and of interest, by the United States, or in approved interest-bearing securities [.] of other issuers.
(c) General fund. The general fund may be divided into general and operation and maintenance, as the board may direct. All other moneys, including those realized from assessments, or, as the case may be, from tolls and charges levied or imposed for defraying the organization and current expense of the district, and expenses and cost of the care, operation, maintenance, management, repair and necessary current improvement or replacement of existing works and property, including salaries and wages of officers and employees and other proper incidental expenditures, shall be deposited and kept in the general fund or operation and maintenance fund as the board of directors may designate.
κ1965 Statutes of Nevada, Page 741 (CHAPTER 345, AB 33)κ
including salaries and wages of officers and employees and other proper incidental expenditures, shall be deposited and kept in the general fund or operation and maintenance fund as the board of directors may designate.
2. The board of directors may make temporary transfers from the general fund to the construction fund and from the construction fund to the general fund, but no such transfer may be made from the [bond] debt service fund.
3. The treasurer of the district is hereby authorized and required to receive and receipt for and to collect the moneys accruing to the several funds named in this section and to place the same to the credit of the district in the appropriate fund. The treasurer shall be responsible upon his official bond for the safekeeping and disbursement of the moneys in such fund. Interest coupons shall be paid by him as provided in this chapter. The board may establish rules and regulations and prescribe the conditions under which the treasurer may make disbursements from the general fund, but no other payments from any of the funds named in this section shall be made by the treasurer except upon vouchers signed by the president and secretary, authorized by order of the board. The county treasurer or treasurers who are required by this chapter to collect assessments levied by the district are hereby authorized to turn over to the treasurer of the district all moneys so collected and to take his receipt therefor. The district treasurer shall report to the board in writing on the 1st Monday in each month the amount of money in the several funds aforesaid and the amounts received and paid out in the preceding month, and the treasurer shall make such other report and accounting as the board may require. Such reports shall be verified and filed with the secretary of the board.
Sec. 82. NRS 309.260 is hereby amended to read as follows:
309.260 1. The treasurer, upon the presentation of interest coupons when due, shall pay the same from the [bond] debt service fund.
2. Whenever, after 10 years from the issuance of bonds, the fund shall amount to the sum of $10,000, the board of directors may direct the treasurer to buy such an amount of the bonds not due as the money in the fund will redeem at the lowest value at which they may be offered for liquidation, after advertising once a week for at least 3 weeks in some newspaper published in the county in which the office of the district is located, and in such other newspapers as the board may deem advisable, for sealed proposals for the redemption of such bonds. Such proposals shall be opened by the board in open meeting at a time to be named in the notice, and the lowest bid or bids shall be redeemed at a rate above par. In case two or more bids are equal, the lowest numbered bond shall have the preference, and if any of the bonds are not so redeemed, that amount of the redemption money shall be invested by the treasurer under the direction of the board in [United States bonds or] bills, notes, certificates of indebtedness, bonds or other similar securities which are the direct obligations of the United States or which are unconditionally guaranteed as to payment, both of principal and of interest, by the United States, or in the bonds or warrants of the state or in municipal or school bonds, and such [bonds] securities and the proceeds therefrom shall belong to the [bond] debt service fund.
κ1965 Statutes of Nevada, Page 742 (CHAPTER 345, AB 33)κ
such [bonds] securities and the proceeds therefrom shall belong to the [bond] debt service fund.
Sec. 83. NRS 310.160 is hereby amended to read as follows:
310.160 1. The sanitary board shall have the power to create, and shall create, a [special] debt service fund or funds for the sole purpose of paying the interest and principal of such bonds, and shall obligate and bind the district or districts to set aside and pay a fixed proportion of the gross revenues of the sewage, water or garbage disposal district into such fund or funds. In this connection the sanitary board shall deposit the [special] debt service fund with the county treasurer of the county in which such district or districts are located. The county treasurer is hereby appointed ex officio treasurer of any such district or districts for the county in which he holds office. In the event of combined districts, as provided in NRS 310.040, the sanitary board shall, by contract with any other governmental unit, determine who shall be custodian of any funds collected from such combined districts.
2. The sanitary board shall have the power to create, and shall create, a general fund for the purpose of paying operation and maintenance costs of such district or districts, and such general fund shall be deposited with the ex officio treasurer of the sanitary board.
Sec. 84. NRS 311.190 is hereby amended to read as follows:
311.190 Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating [a reserve fund] funds in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.
Sec. 85. NRS 314.390 is hereby amended to read as follows:
314.390 1. Following the issuance of bonds by a district and within sufficient time so that the receipts of the special tax shall be sufficient to pay the principal as it accrues, and annually thereafter until the bonds have been paid in full, the board of county commissioners of the county in which the district is located shall levy and assess a special tax, and shall continue to levy and assess such special tax, and shall cause it to be collected, on all the taxable property in the district, including the net proceeds of mines, in an amount sufficient to pay the principal accruing promptly when and as the same becomes due according to the tenor and effect of the bonds, which amount shall be levied, assessed and collected by the county treasurer of that county in the same manner as the tax for the payment of the interest coupons.
2. When the special tax is collected it shall be deposited to the credit of the ................ district [bond sinking] debt service fund, which fund is hereby created in each of the county treasuries, and shall be used only in the payment of the bonds.
Sec. 86. NRS 314.410 is hereby amended to read as follows:
314.410 1. If there is in the hands of the county treasurer in the district [bond sinking] debt service fund a sufficient sum to redeem one or more of the bonds, and a sufficient sum in the bond interest fund to pay the accrued interest thereon, although before the maturity of such bonds and interest, the county treasurer, if requested by the board of trustees, shall:
κ1965 Statutes of Nevada, Page 743 (CHAPTER 345, AB 33)κ
such bonds and interest, the county treasurer, if requested by the board of trustees, shall:
(a) Post a notice of redemption in a conspicuous place at the main entrance to the building in which his office is situated. The notice shall be posted at least 30 days prior to the day set for the receipt of proposals for the purchase of the bonds.
(b) Deposit a copy of the notice in the United States post office, postage prepaid, addressed to the owners of record of such bonds as are outstanding at their last post office addresses known to the county treasurer.
2. The notice of redemption asking for proposals or offers shall be in substantially the following form:
The county treasurer of ............... County, State of Nevada, has on hand in the ............... District [Bond Sinking] Debt Service Fund sufficient funds to redeem ............... bonds of ............... issue, and there is in the bond interest fund sufficient money to pay the accrued interest on such number of bonds; he will on the ..... day of ..............., 19 ....., at the hour of ..... a.m., at his office, receive proposals for his purchase of such number of bonds and his payment of the accrued interest thereon. Any proposal to sell bonds to the county treasurer shall not involve a premium on the same of more than ..... percent.
3. Upon the opening of the proposals, the bid of any person offering any bond or bonds, up to the total number to be redeemed, at the lowest rate of premium, shall be accepted by the county treasurer; provided:
(a) That if the entire issue of such bonds is to mature serially at different times, then the county treasurer shall redeem such bond or bonds in the order of their maturity, but if their date of maturity is the same, then he shall redeem the bond or bonds which are offered at the lowest premium; and
(b) That if the entire issue of such bonds is to mature at one time the county treasurer shall redeem first on the basis of the lowest offered premium, and second, if there are several offers at the same premium, he shall redeem the bond or bonds bearing the lowest serial number.
4. The county treasurer shall then certify all of his actions under this section to the board of trustees as provided in NRS 314.400.
5. Whenever bonds of a district have been issued subject to call and redemption before maturity at the option of the district and without the consent of the holders of such bonds in compliance with the provisions in the authorizing proceedings, and such bonds issued subject to call and redemption prior to maturity contain a recital to that effect, the board of trustees may, by resolution, determine that all or a part of such bonds, shall be called and redeemed before maturity, fix the price or prices at which such bonds shall be redeemed, and fix the method of giving notice of redemption to holders of bonds to be redeemed, in the order and manner provided by the authorizing proceedings.
Sec. 87. NRS 316.200 is hereby amended to read as follows:
316.200 Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating [a reserve fund] funds in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.
κ1965 Statutes of Nevada, Page 744 (CHAPTER 345, AB 33)κ
the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.
Sec. 88. NRS 318.250 is hereby amended to read as follows:
318.250 Whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating [a reserve fund] funds in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.
Sec. 89. NRS 354.080 is hereby amended to read as follows:
354.080 1. Upon the [unanimous] adoption of any emergency resolution, as provided in section 72 of this act, by a board of county commissioners, a certified copy thereof shall be forwarded to the secretary of the Nevada tax commission. As soon as is practicable, the secretary of the Nevada tax commission shall submit the resolution, together with a factual report of the tax structure of the political subdivisions concerned and the probable ability of the county to repay the requested emergency loan, to the state board of finance for its approval. No such resolution shall be effective until approved by the state board of finance. The resolution of the state board of finance shall be recorded in the minutes of the board of county commissioners.
2. Temporary loans for the support of any lawfully organized county farm bureau may be authorized by a general resolution of the state board of finance, applicable to all counties, and it shall be sufficient to record such a resolution of general approval in the minutes of the board of county commissioners.
Sec. 90. NRS 354.430 is hereby amended to read as follows:
354.430 Upon the [unanimous] adoption of any emergency resolution, as provided in section 72 of this act, by a local government other than that of a county, a certified copy thereof shall be forwarded to the secretary of the Nevada tax commission. As soon as is practicable, the secretary of the Nevada tax commission shall submit the resolution, together with a factual report of the tax structure of the political subdivisions concerned and the probable ability of the political subdivision to repay the requested emergency loan, to the state board of finance for its approval. No such resolution shall be effective until approved by the state board of finance. The resolution of the state board of finance shall be recorded in the minutes of the governing board.
Sec. 91. NRS 354.440 is hereby amended to read as follows:
354.440 1. Whenever any governing board of any [political subdivision] local government is authorized to make an emergency loan as provided in NRS 354.430, the governing [board] body may issue, as evidence thereof, negotiable notes or short-time negotiable bonds.
2. The negotiable notes or bonds shall:
(a) Mature not later than 3 years from the date of issuance.
(b) Bear interest not to exceed 8 percent per annum.
(c) Be redeemable at the option of such [political subdivision] local government at any time when money is available in the emergency tax fund provided for in NRS 354.460.
κ1965 Statutes of Nevada, Page 745 (CHAPTER 345, AB 33)κ
local government at any time when money is available in the emergency tax fund provided for in NRS 354.460.
Sec. 92. NRS 354.450 is hereby amended to read as follows:
354.450 1. After an emergency loan has been authorized as provided in NRS 354.430 and if, in the judgment of the governing board of the political subdivision, the fiscal affairs of the political subdivision can be carried on without impairment and there is sufficient money in the general fund or a surplus in any other fund, with the exception of the bond interest and redemption fund, of the political subdivision, the governing board is authorized to transfer from the general fund or from the surplus appearing in any fund, with the exception of the bond interest and redemption fund, money sufficient to handle the emergency.
2. When such a transfer is made, the governing board of the political subdivision shall comply with the provisions of NRS 354.460, and when the emergency tax is thereafter collected the amount so collected shall be placed immediately in the fund from which the loan was made.
3. In cases where the fund from which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of the fund in the ordinary course of events, then the emergency tax need not be levied, collected and placed in the fund from which the loan was made, but such transfer shall be deemed refunded for all purposes of NRS [354.410] 354.430 to 354.460, inclusive.
4. Interest accounts come within the jurisdiction of the state board of finance and may be approved or disapproved, in whole or in part, by the state board of finance.
Sec. 93. NRS 355.130 is hereby amended to read as follows:
355.130 1. By unanimous vote of its members and with the approval of the state board of examiners, the state board of finance is empowered to lend any available moneys in the state treasury, other than those in the state permanent school fund and those in the state insurance fund, to [counties, cities, towns, school districts and other governmental agencies] local governments situated within the boundaries of the State of Nevada. Such loans shall be made only to [counties, cities, towns, school districts and other governmental agencies] local governments that have observed the regulations and followed the procedure for obtaining temporary loans set forth in chapter 354 of NRS. Such loans shall be made for a period of not longer than 3 years and shall bear interest at the rate of not to exceed 8 percent per annum.
2. In making loans to [counties, cities, towns, school districts and other governmental agencies,] local governments, the state board of finance shall follow the procedure for making other loans set forth in this chapter.
Sec. 94. NRS 360.220 is hereby amended to read as follows:
360.220 The Nevada tax commission shall have the power:
1. To require [boards of county commissioners] governing bodies of local governments, as defined in section 4 of this act, to submit a budget estimate of the [county] local government expenses and income for the current year, and for the budget year, and a compilation of the actual local government expenses and income for the last completed year, in such detail and form as may be required by the Nevada tax commission.
κ1965 Statutes of Nevada, Page 746 (CHAPTER 345, AB 33)κ
budget estimate of the [county] local government expenses and income for the current year, and for the budget year, and a compilation of the actual local government expenses and income for the last completed year, in such detail and form as may be required by the Nevada tax commission.
2. To require [boards of county commissioners] such governing bodies to increase or decrease the [county] tax rate of their respective [counties] local governments to produce the net revenue estimated as necessary for the conduct of the [county] local government, as appears from the budget.
[3. To require boards of trustees of school districts and all school officers having control of any school expenditures in any school district in which a special tax is to be levied during the current year to submit a budget estimate of the expenses for which such tax is levied, in such detail and form as may be required by the Nevada tax commission.
4. To require cities, municipalities and towns and the governing boards thereof to submit budget estimates of the expenses for the government of such city, municipality or town for the current year, in such form and detail as may be required by the Nevada tax commission.
5. To require the governing board of any municipality, school district, city or town to increase or decrease the tax rate therein to produce the net revenue estimates for the conduct of such municipality, school district, city or town, as appears from the budget.]
Sec. 95. NRS 361.455 is hereby amended to read as follows:
361.455 1. Subsequent to the approval of the budgets for the various [political subdivisions of the state] local governments as defined in section 4 of this act and their submission to the Nevada tax commission for auditing and approval as required by law, the Nevada tax commission shall certify to the board of county commissioners of each of the several counties the combined tax rate necessary to produce the amount of revenue required by the approved budgets, and shall certify such combined rate, broken down as to the budgetary funds, to each of the boards of county commissioners.
2. If the combined rate, together with the state tax rate theretofore approved, shall exceed the constitutional tax rate limit, the Nevada tax commission is authorized and directed to call together the governing [boards] bodies of the respective [political subdivisions] local governments concerned, and to hold the governing [boards] bodies in session until such time as the budgeted requirements have been reduced to such amount as may be produced by a combined tax rate which will not exceed the constitutional limitation. After the budgeted requirements have been so reduced, the Nevada tax commission shall proceed as provided in subsection 1 to certify the combined tax rate. If the governing [board] body of any [political subdivision] local government shall refuse or neglect to participate in the meeting of all governing [boards,] bodies, the Nevada tax commission is authorized and directed to adjust the budget of the [political subdivision] local government as the exigencies of the situation may require.
3. Any [political subdivision] local government affected by a rate adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget within 20 days after the approval and certification of the rate by the Nevada tax commission.
κ1965 Statutes of Nevada, Page 747 (CHAPTER 345, AB 33)κ
adjustment, made in accordance with the provisions of this section, which necessitates a budget revision shall file a copy of its revised budget within 20 days after the approval and certification of the rate by the Nevada tax commission.
4. A copy of the certificate of the Nevada tax commission sent to the board of county commissioners shall be forwarded to the county auditor.
Sec. 96. NRS 379.105 is hereby amended to read as follows:
379.105 1. The library trustees of any city or town free public library, and their successors, shall: [hold]
(a) Hold and possess the property and effects of the library and reading room in trust for the public.
(b) Prepare annual budgets in accordance with sections 2 to 76, inclusive, of this act.
2. The library trustees may:
(a) Establish, supervise and maintain a library and reading room.
(b) Make purchases and secure rooms.
(c) Appoint a librarian and other officers and employ assistants.
(d) Establish bylaws and regulations for the management of the library and their own management.
(e) Manage all the property, real and personal, of the library.
(f) [Submit annual budgets to the governing body of the city or town, containing detailed estimates of the amount of money necessary for the operation and management of the library for the next succeeding year.
(g)] Acquire and hold real and personal property, by gift, purchase or bequest, for the library and reading room.
[(h)] (g) Administer any trust declared or created for the library and reading room.
[(i)] (h) Maintain or defend any action in reference to the property or affairs of the library and reading room.
[(j)] (i) Do all acts necessary for the orderly and efficient management and control of the library.
Sec. 97. NRS 450.230 is hereby amended to read as follows:
450.230 1. During the first week in February in each year, the board of hospital trustees shall file with the board of county commissioners a budget as required of all governmental agencies of this state by chapter 354 of NRS, and in the fiscal management of the affairs of the public hospital and all other institutions under the supervision, government and control of the board of hospital trustees, the board of hospital trustees shall be governed by the provisions of chapter 354 of NRS.
2. Nothing in subsection 1 shall be construed to prohibit the board of hospital trustees from employing either the cash or accrual method of accounting, as provided in [NRS 354.010,] chapter 354 of NRS, in the fiscal management of the affairs of any county public hospital.
Sec. 98. NRS 463.320 is hereby amended to read as follows:
463.320 1. All gaming license fees imposed by the provisions of NRS 463.370 to 463.390, inclusive, and all acts amendatory thereof or supplemental thereto shall be collected and disposed of as herein provided.
κ1965 Statutes of Nevada, Page 748 (CHAPTER 345, AB 33)κ
2. All state gaming license fees and penalties shall be collected by the commission and paid over immediately to the state treasurer to be disposed of as follows:
(a) All state gaming license fees and penalties other than the license fees imposed by the provisions of NRS 463.380 shall be deposited for credit to the general fund.
(b) All state gaming license fees imposed by the provisions of NRS 463.380 collected after April 2, 1957, shall, after deduction of costs of administration and collection, be divided equally among the various counties and transmitted to the respective county treasurers. Such fees, except as otherwise provided herein, shall be deposited by the county treasurer in the county general fund and shall be expended for county purposes. If the board of county commissioners desires to apportion and allocate all or a portion of such fees to one or more incorporated or unincorporated cities or towns within the county, the board of county commissioners shall, annually, prior to the preparation of the city or town budget or budgets as required by [NRS 354.350,] chapter 354 of NRS, adopt a resolution so apportioning and allocating a percentage of such fees anticipated to be received during the coming fiscal year to such city or cities or town or towns for the next fiscal year commencing July 1. After the adoption of the resolution the percentage so apportioned and allocated shall be converted to a dollar figure and included in city or town budget or budgets as an estimated receipt for the next fiscal year. [as required by subsection 5 of NRS 354.370.] Quarterly upon receipt of the moneys from the state, the county treasurer shall deposit an amount of money equal to the percentage so apportioned and allocated to the credit of the city or town fund to be used for city or town purposes, and the balance remaining shall be deposited in the county general fund and shall be expended for county purposes. If any future action of the legislature results in an increase in the state gaming license fees provided for in NRS 463.380, then the provisions of this paragraph shall become inoperative and all such state gaming license fees shall be disposed of as provided in paragraph (a).
3. (a) County license fees shall be collected by the sheriff, and no license money paid to the sheriff shall be refunded, whether the slot machine, game or device for which such license was issued has voluntarily ceased or its license has been revoked or suspended, or for any other reason.
(b) The sheriff in his county shall demand that all persons required to procure county licenses in accordance with this chapter take out and pay for the same, and he shall be held liable on his official bond for all moneys due for such licenses remaining uncollected by reason of his negligence.
(c) On or before the 5th day of each month the sheriff shall pay over to the county treasurer all moneys received by him for licenses and take from the county treasurer a receipt therefor, and he shall immediately on the same day return to the county auditor all licenses not issued or disposed of by him as is by law provided in respect to other county licenses.
(d) All moneys received for county gaming licenses under this chapter shall be paid: 25 per cent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
κ1965 Statutes of Nevada, Page 749 (CHAPTER 345, AB 33)κ
chapter shall be paid: 25 per cent to the state treasurer for credit to the general fund of the state, and 75 percent shall be retained by the county treasurer for credit to the county general fund, except:
(1) Where the license is collected within the boundaries of any incorporated city or town, the county shall retain 25 percent of such remaining moneys, and the incorporated city or town shall receive 50 percent of such remaining moneys, which shall be paid into the general fund of such incorporated city or town.
(2) Where the license is collected within the boundaries of any unincorporated city or town that is under the control of the board of county commissioners under and by virtue of chapter 269 of NRS, the county shall retain 25 percent of such moneys, and 50 percent of such moneys so collected shall be placed in the town government fund for general use and benefit of such unincorporated city or town.
Sec. 99. NRS 474.170 is hereby amended to read as follows:
474.170 The board of directors shall have the powers and duties with respect to temporary emergency loans [as] provided in [NRS 354.410 to 354.460, inclusive.] chapter 354 of NRS.
Sec. 100. NRS 474.190 is hereby amended to read as follows:
474.190 1. Subject to the provisions of subsection [3, annually on or before January 20,] 2, the board of directors of each county fire protection district shall [:
(a) Estimate the amount of money which will be needed to defray the cost of maintenance thereof and to meet such other expenditures as are authorized by NRS 474.010 to 474.450, inclusive, in connection therewith.
(b) Ascertain from the county assessor or assessors the assessed value of the assessable property within the district.
2. The board shall then determine the amount of the tax sufficient to raise the sum estimated to be necessary.
3.] prepare annual budgets in accordance with sections 2 to 76, inclusive, of this act.
2. The amount of money to be raised for the purpose of establishing and equipping the district with fire-fighting facilities shall not in any 1 year exceed 1 percent of the assessable property within the district. The amount of money to be raised for the purpose of maintaining the district each year shall not exceed one-half of 1 percent of the assessable property within the district.
[4.] 3. In determining [the amount of tax as provided in subsection 2, the board of directors] the tax to be levied to raise the amount of money required by such budget within such limitation, the board of county commissioners shall prorate 80 percent of the amount of the tax upon the assessed value of improvements and personal property upon each parcel of land and 20 percent upon the assessed value of each parcel of land, if upon the formation of the district a provision for such procedure was included in the notice to create the district approved by the property owners, or if a petition requesting such procedure, signed by not less than a majority of the property owners within the district, is presented to the board prior to January 20.
[5. When so determined, the amount of the tax shall be certified to the boards of county commissioners of the counties in which any portion of the district is located.]
κ1965 Statutes of Nevada, Page 750 (CHAPTER 345, AB 33)κ
to the boards of county commissioners of the counties in which any portion of the district is located.]
Sec. 101. NRS 540.590 is hereby amended to read as follows:
540.590 A debt or liability incurred in excess of the provisions of this chapter shall be [in the main] absolutely void, except:
1. That for the purpose of organization or for the purpose of this chapter the board of supervisors may, before the collection of the first annual taxes, cause warrants of the district to issue, bearing interest not exceeding 7 percent per annum.
2. In any case where money has been theretofore loaned to the district and actually expended by the board of supervisors for the benefit of the district.
3. That in cases of great necessity or emergency the board of supervisors may apply to the state board of finance as provided in [NRS 354.410 to 354.460, inclusive,] chapter 354 of NRS for permission to make a temporary loan to meet such necessity or emergency, and the state board of finance may give its permission [on like terms as required of cities, towns and school districts.] as therein provided. The limit of the loan for such purpose shall be an amount equivalent to an average of $1.50 per acre throughout the district.
Sec. 102. NRS 547.090 is hereby amended to read as follows:
547.090 An agricultural association may:
1. Contract and be contracted with.
2. Sue and be sued.
3. Have and use a common seal.
4. Purchase, hold and lease real property, with such buildings and improvements as may be erected thereon, and may sell, lease and dispose of the same at pleasure. The real property shall be used by the agricultural association for the purpose of holding exhibitions of horses, cattle and other livestock, and of the agricultural, horticultural, viticultural, mechanical, manufacturing and domestic products of the district, with a view to the improvement of all of the industries in the agricultural district.
5. Make temporary emergency loans as provided in [NRS 354.410 to 354.460, inclusive.] chapter 354 of NRS for local governments other than counties.
Sec. 103. NRS 354.010 to 354.070, inclusive, 354.120, 354.330 to 354.420, inclusive, 387.330, 658.130 and 658.140 are hereby repealed.
Sec. 104. Section 39 of the charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, at page 426, is hereby amended to read as follows:
Section 39. Municipal Buildings. The cost and expense of a city hall and other buildings for the use of the city and its officers, engine houses and structures of the fire department, [water works,] city prison, levees and embankments, including the necessary land for said purposes, shall be paid for from the proper [general] fund of the city, including the proceeds of bonds authorized by law, except that, in case of lands apportioned for streets and rights of way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed. Whenever, in the opinion of the council, the benefits thereof are special, rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvements.
κ1965 Statutes of Nevada, Page 751 (CHAPTER 345, AB 33)κ
rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon or adjacent to or otherwise benefited by such improvements. Such special assessments may be made in the manner hereinafter specified.
Sec. 105. Section 62 of the charter of the City of Caliente, being chapter 289, Statutes of Nevada 1957, at page 433, is hereby repealed.
Sec. 106. Section 10b(6) of the charter of Carson City, being chapter 43, Statutes of Nevada 1875, as added by chapter 309, Statutes of Nevada 1949, at page 624, is hereby amended to read as follows:
Section 10b. (6) Said installments and interest, when collected, shall constitute a [sinking] debt service fund for the payment of said bonds and interest thereon, and said fund shall not be used for any other purpose.
Sec. 107. Section 19.5 of the charter of Carson City, being chapter 43, Statutes of Nevada 1875, as added by chapter 374, Statutes of Nevada 1957, at page 704, is hereby repealed.
Sec. 108. Section 17 of chapter II of the charter of the City of Elko, being chapter 84, Statutes of Nevada 1917, at page 138, is hereby amended to read as follows:
Section 17. Claims and Accounts-Warrants, How Issued-Financial Statements, Publication Of. The supervisor named at the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another supervisor to act in his stead during his absence, or to audit such claims or accounts as said supervisor shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of supervisors and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board. The city clerk shall certify the claim when so allowed by the board, to the city auditor, who shall, if such claim is approved by him, draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him. The auditor shall have the same power of veto that he now exercises in regard to county claims, and the board shall have the right to pass a claim over such veto by a vote of four members of such board. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190. The supervisors shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose. [; said board of supervisors shall require a statement to be published or posted, as may be designated by them, in January, April, July and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived and also indicating the disposition made thereof and all outstanding bonds and other obligations.]
κ1965 Statutes of Nevada, Page 752 (CHAPTER 345, AB 33)κ
Sec. 109. Section 42 of chapter II of the charter of the City of Elko, being chapter 84, Statutes of Nevada 1917, at page 160, is hereby repealed.
Sec. 110. Section 21 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, at page 671, is hereby amended to read as follows:
Section 21. Claims and Accounts-Warrants, How Issued-Financial Statements, Publication of. The councilmen named at the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another councilman to act in his stead during his absence, or to audit such claims or accounts as the councilman shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of councilmen and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board. The city clerk shall draw a warrant upon the treasurer for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the treasurer, the same shall be paid by him. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190. The councilmen shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose. [; the board of councilmen shall require a statement to be published or posted, as may be designated by them, in January, April, July, and October of each year, showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof and all outstanding bonds and other obligations.]
Sec. 111. Section 46 of the charter of the City of Gabbs, being chapter 381, Statutes of Nevada 1955, as amended by chapter 73, Statutes of Nevada 1959, at page 73, is hereby repealed.
Sec. 112. Section 18 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 33, Statutes of Nevada 1957, at page 42, is hereby amended to read as follows:
Section 18. Claims, Accounts and Demands-Filing Notice of-Warrants, How Issued-Final Statements-Publication of. The city manager shall audit all accounts or claims against the city, but before payment all accounts shall be approved by the board of commissioners, and no money shall be paid for any purpose except upon order executed by the mayor and attested by the city clerk upon order of the board, except as otherwise hereinafter provided, and the commissioners shall cause complete and full records of all such claims and transactions to be kept by the director of finance in books secured for that purpose, and the board of commissioners shall cause to be posted in three public places in the city of Las Vegas once each month, the amount of bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made.
κ1965 Statutes of Nevada, Page 753 (CHAPTER 345, AB 33)κ
amount of bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made. [Said board of commissioners shall require a statement to be published, or cause to be posted, as may be designated by them, in January, April, July and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof, and all outstanding bonds and other obligations.]
All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190.
Sec. 113. Section 18 1/2 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as added by chapter 50, Statutes of Nevada 1945, and amended by chapter 132, Statutes of Nevada 1949, at page 231, is hereby repealed.
Sec. 114. Section 43 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, as last amended by chapter 33, Statutes of Nevada 1957, at page 58, is hereby repealed.
Sec. 115. Section 55 of chapter II of the charter of the City of Las Vegas, being chapter 132, Statutes of Nevada 1911, at page 176, is hereby amended to read as follows:
Section 55. Municipal Buildings. The cost and expense of a city hall and other buildings for the use of the city, and its officers, engine houses and structures of the fire department, [water works,] city prison, levees and embankments, including the necessary land for such purposes, shall be paid for from the proper [general] fund of the city [;] , including the proceeds of bonds authorized by law; except that, in case of lands apportioned for streets and rights of way, the cost thereof may be paid in whole or in part from the proceeds of a special assessment levied therefor in the manner herein prescribed. Whenever in the opinion of the board, the benefits thereof are special, rather than general or public, the cost and expense of any local improvements may be defrayed in whole or in part by special assessments upon the lands abutting upon, [the] adjacent to or otherwise benefited by such improvement. Such special assessment may be made in the manner hereinafter specified.
Sec. 116. Section 20 of chapter II of the charter of the city of North Las Vegas, being chapter 283, Statutes of Nevada 1953, as amended by chapter 447, Statutes of Nevada 1963, at page 1219, is hereby amended to read as follows:
Section 20. Audits of Claims, Accounts; Certification and Approval of Claims; Semiannual Audits of City Finances. 1. The finance department shall maintain complete records of all claims against and all fiscal transactions of the city.
2. The head of each department shall audit all accounts and claims against his department, unless he is absent or fails or refuses to do so, in which event the city manager shall appoint an acting department head to act in his stead.
κ1965 Statutes of Nevada, Page 754 (CHAPTER 345, AB 33)κ
in which event the city manager shall appoint an acting department head to act in his stead.
3. Before payment, all accounts shall be audited and approved by the finance department. No money shall be paid for any purpose except upon claims approved by the city council by majority vote. After approval of claims by the city council, the city auditor or city treasurer shall prepare all warrants drawn against the proper account in payment thereof. Warrants so issued shall bear the signatures of any two of the three following officers: City manager, city treasurer and city auditor. Facsimile signatures may be permitted provided that at least two of the three designated officers control the use of the device.
[4. Semiannually the city council shall require statements to be prepared by an independent certified public accountant showing:
(a) A full, clear and complete analysis and accounting of all revenues collected by the city and all expenditures made from the respective sources from which the moneys are derived, and indicating the disposition thereof; and
(b) An accounting of all outstanding bonds and other obligations of the city.
The semiannual audit statements shall be published or posted, or both published and posted, as required by the city council.]
Sec. 117. Section 2 of article VIII of the charter of the City of Reno, being chapter 71, Statutes of Nevada 1905, as amended by chapter 184, Statutes of Nevada 1915, at page 254, is hereby amended to read as follows:
Section 2. All taxes, fines, forfeitures, or other moneys collected or recovered by any officer or person under or by virtue of the provisions of this charter or of any ordinance of the city, or by or under any law, and all moneys received or collected shall, without delay, be paid by the city clerk, person, or officer receiving the same, to the city treasurer who shall keep an accurate account thereof and give itemized receipts therefor in duplicate, one of which shall be given to the city auditor immediately for the more perfect keeping of his accounts, and for the information of the city council, and the original of said receipt shall be given to the officer or person so paying in such money. All such moneys shall be placed by the city treasurer in the funds to be known as the Reno general fund, and the Reno [bond redemption] debt service fund, and shall be so kept intact and not commingled with other moneys or in any manner disposed of, except as paid out upon proper warrants and claims against the city, including the principal and interest of any municipal bonded indebtedness. And the city council may designate any bank or banks in the city of Reno in which the city treasurer shall deposit any or all funds of the city in the name of the city of Reno, either with or without interest, subject to checks drawn by the city treasurer upon proper warrants and claims against the city. The city council may also designate any savings bank or banks for the deposit of [bond redemption] debt service funds, at the usual rate of interest and subject to the rules of such banks, to be drawn by the city treasurer in the usual manner when required to pay such bonds at maturity.
κ1965 Statutes of Nevada, Page 755 (CHAPTER 345, AB 33)κ
Sec. 118. Section 13.01 of article XIII of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, at page 400, is hereby amended to read as follows:
Section 13.01. All taxes collected under or by virtue of this charter, or of any ordinance of the city, shall be paid to the county treasurer of the county of Washoe at the same time as payment of taxes for state and county purposes is made; provided, that nothing herein shall be so construed as to require payment of any license taxes to said county treasurer of Washoe county. The county treasurer of Washoe county shall receive said tax, keep the same intact and separate and apart from other tax moneys and not commingled therewith, and he shall be liable on his official bond for the correct keeping and transfer of said moneys as herein provided. The county treasurer shall render a statement to the city treasurer of the moneys and the amount thereof so received by him, as often as he shall be required so to do by resolution of the council, duly passed, certified to under the seal of the city by the clerk, and served upon the county auditor, who shall draw his warrant for the full amount, and the said county treasurer shall safely transmit and deliver into the treasury of the city all moneys so collected and received by him, or so much thereof as shall be called for by the resolution aforesaid, and shall thereupon take the receipt of said city treasurer therefor. All such moneys shall be placed in the funds of the city. After the receipt by the city treasurer of such funds, as may be called for in the resolution above referred to, and at the next regular council meeting after demand has been made upon the county treasurer therefor, the council shall ascertain the amount that must be paid out of the funds thus received, for bond interest and bond retirement, prior to the due date of the next tax apportionment; whether the same be quarterly, semiannually, or annually; and out of said funds thus received the city council shall direct the payment of due bonds and interest; and when such amount has been ascertained, the city council shall order a sufficient amount of said funds fully to cover the same, to be deposited in a special fund to be known as the Sparks [Bond Redemption] Debt Service Fund, and the funds thus segregated shall be used only for the purpose of paying bond interest and maturing bonds; and shall not be subject to any other use, or to any judicial process, attachment, or execution. The remainder of said funds shall be deposited in the fund to be known as the Sparks General Fund, and shall be so kept until used for general city purposes, and paid out upon proper warrants; provided, that the city council may, in its discretion, set apart any surplus moneys in said Sparks General Fund to the Sparks [Bond Redemption] Debt Service Fund, which shall be used for bond interest and bond principal redemptions; for bonds now issued, or for those to be issued, and which are secured by the full faith and credit of the property within the city. Nothing herein contained, however, shall be construed to prevent the city council, in its discretion, from creating a [sinking] debt service fund out of any surplus tax moneys, to care for any long-term public improvement, or other public work or project. When the council shall decide to set any surplus moneys aside in a public fund, they shall so declare by resolution, defining the objects and purposes of the said fund, and when once set aside said fund shall be used only for the purpose for which it was expressly and especially appropriated.
κ1965 Statutes of Nevada, Page 756 (CHAPTER 345, AB 33)κ
declare by resolution, defining the objects and purposes of the said fund, and when once set aside said fund shall be used only for the purpose for which it was expressly and especially appropriated.
Sec. 118.5. Section 13.05 of article XIII of the charter of the City of Sparks, being chapter 180, Statutes of Nevada 1949, as added by chapter 347, Statutes of Nevada 1963, at page 710, is hereby repealed.
Sec. 119. Section 17 of chapter II of the charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, as amended by chapter 158, Statutes of Nevada 1961, at page 217, is hereby amended to read as follows:
Section 17. Claims and Accounts-Checks, How Issued-Financial Statements, Publication of. The councilman named at the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another councilman to act in his stead during his absence, or to audit such claims or accounts as said councilman shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of councilmen and no money shall be paid for any purpose except upon check executed by the mayor and attested by the city clerk upon order of the board. The city clerk shall draw a check upon the bank for the amount so allowed and shall state in general terms the nature of the claim, and when so presented to the bank, the same shall be paid by said bank. All claims, accounts and demands against the city must be presented in the manner prescribed by NRS 268.020; and no action may be brought on any claim, account or demand, or part thereof, not allowed, after the expiration of the time limited in paragraph (b) of subsection 5 of NRS 11.190. The councilmen shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose. [; said board of councilmen shall require a statement to be published or posted, as may be designated by them, in January, April, July, and October of each year, showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceeding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof and all outstanding bonds and other obligations.]
Sec. 120. Section 42 of chapter II of the charter of the City of Wells, being chapter 104, Statutes of Nevada 1927, as last amended by chapter 125, Statutes of Nevada 1957, at page 173, is hereby repealed.
Sec. 121. Section 37 of the charter of the City of Yerington, being chapter 72, Statutes of Nevada 1907, at page 168, is hereby amended to read as follows:
Section 37. All taxes collected under or by virtue of this charter or of any ordinance of the city, shall be paid to the County Treasurer of Lyon County, at the same time as payment of taxes for State and county purposes is made; provided, that nothing herein shall be so construed as to require payment of any license taxes to said County Treasurer. The County Treasurer of Lyon County shall receive said tax, keep the same intact and separate and apart from other tax moneys and not commingled therewith, and he shall be liable on his official bond for the correct keeping and transfer of said moneys as herein provided.
κ1965 Statutes of Nevada, Page 757 (CHAPTER 345, AB 33)κ
bond for the correct keeping and transfer of said moneys as herein provided. The County Treasurer shall render a statement to the City Treasurer, of the moneys and the amount thereof so received by him, as often as he shall be required so to do, by resolution of the Council, duly passed, certified to under the seal of the city by the Clerk and served upon the County Auditor, who shall draw his warrant for the full amount; and the said County Treasurer shall safely transmit and deliver into the treasury of the city, all moneys so collected and received by him, or so much thereof as shall be called for by the resolution aforesaid, and shall thereupon, take the receipt of said City Treasurer therefor. All such moneys shall thereupon be placed by the City Treasurer in a fund to be known as the Yerington General Fund, and shall be so kept except as paid out upon proper warrant; provided, the Council may, at its discretion, set apart any surplus moneys in said fund, in a fund to be kept by said Treasurer which shall be known as the Yerington [Redemption] Debt Service Fund, which shall be used to pay principal and interest of any outstanding bonds now or to be issued on the property of said city.
Sec. 121.5. Chapter 48, Statutes of Nevada 1965, approved February 19, 1965, is hereby amended by adding thereto a new section to be designated section 14, which shall immediately follow section 13 and shall read as follows:
Section 14. This act shall become effective at 11:59 p.m. on June 30, 1965.
Sec. 122. 1. Except as provided in subsection 2, budgets for the fiscal year beginning July 1, 1966, and for subsequent fiscal years shall be prepared in compliance with this act. At the discretion of the governing body of each local government, any provision of this act which does not require the alteration of a budget validly adopted for the fiscal year beginning July 1, 1965, may be put into effect on July 1, 1965. All provisions not so put into effect shall become effective July 1, 1966.
2. In order to permit study by actual experience before general regulations are drafted by the Nevada tax commission, the governing body of the City of Sparks is authorized to prepare its budget for the fiscal year beginning July 1, 1965, in compliance with this act, and in its discretion to put into effect immediately any provision of this act which does not require the alteration of the budget adopted for the current fiscal year. For the purposes of this subsection only, this act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 758κ
Senate Bill No. 299Senator Parks
CHAPTER 346
AN ACT to amend chapter 463 of NRS, relating to the licensing and control of gambling, by adding a new section requiring gaming employees to hold work permits; defining terms; providing for hearings and review; and providing other matters properly relating thereto.
[Approved April 8, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. As used in this section:
(a) Gaming employee means any person connected directly with the operation of a nonrestricted establishment, and includes without limitation:
(1) Boxmen;
(2) Cashiers;
(3) Dealer;
(4) Floormen;
(5) Hosts or other persons empowered to extend credit or complimentary services;
(6) Keno runners;
(7) Keno writers;
(8) Machine mechanics;
(9) Security personnel;
(10) Shift or pit bosses;
(11) Shills; and
(12) Supervisors or managers.
Gaming employee does not include bartenders, cocktail waitresses or other persons engaged in preparing or serving food or beverages.
(b) Nonrestricted establishment means any establishment except one in which slot machines only are operated incidentally to some other primary business of the licensee.
(c) Temporary work permit means a work permit which is valid only for a period not to exceed 30 days from its date of issue and is not renewable.
(d) Work permit means any card, certificate or permit issued by the board or by a county or city licensing authority, whether denominated as a work permit, registration card or otherwise, authorizing the employment of the holder as a gaming employee.
2. The legislature finds that, to protect and promote the public health, safety, morals, good order and general welfare of the inhabitants of the State of Nevada and to carry out the policy declared in NRS 463.130, it is necessary that the board:
(a) Ascertain and keep itself informed of the identity, prior activities and present location of all gaming employees in the State of Nevada; and
(b) Maintain confidential records of such information.
3. No person may be employed as a gaming employee unless he is the holder of:
κ1965 Statutes of Nevada, Page 759 (CHAPTER 346, SB 299)κ
(a) A valid work permit issued in accordance with the applicable ordinances or regulations of the county or city in which his duties are performed; or
(b) If no work permit is required by either such county or such city, a work permit issued by the board.
4. Whenever any person applies for the issuance or renewal of a work permit, the county or city officer or employee to whom such application is made shall within 24 hours mail or deliver a copy thereof to the board, and may at the discretion of the county or city licensing authority issue a temporary work permit. If within 30 days after the mailing or delivery of the copy of the application, the board has not notified the county or city licensing authority of any objection, such authority may in its discretion issue or deny a work permit to the applicant.
5. If the board within the 30-day period notifies the county or city licensing authority that the board objects to the granting of a work permit to the applicant, such authority shall deny the work permit and shall immediately revoke and repossess any temporary work permit which it may have issued.
6. Application for a work permit, valid wherever a work permit is not required by any county or city licensing authority, may be made to the board, and may be granted or denied for any cause deemed reasonable by the board.
7. Any person whose application for a work permit has been denied because of an objection by the board or whose application for a work permit has been denied by the board may apply to the board for a hearing. At such hearing, the board or any designated member of the board or an examiner appointed by the board shall take any testimony deemed necessary. After such hearing the board shall review the testimony taken and any other evidence in its files, and shall within 30 days from the date of the hearing announce its decision sustaining or reversing the denial of the work permit or the objection to issuance of a work permit. Such decision may be made upon any ground deemed reasonable by the board, and shall be conclusive unless reversed as provided in subsection 8.
8. Any applicant aggrieved by the decision of the board may, within 15 days after the announcement of the decision, apply in writing to the commission for review of the decision. Such review shall be limited to the record, any testimony submitted and the files in the case. The commission may sustain or reverse the boards decision. The decision of the commission shall be conclusive on all parties.
9. All records acquired or compiled by the board or commission relating to any application made pursuant to this section are confidential and no part thereof may be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency. All lists of persons to whom work permits have been issued or denied and all records of the names or identity of persons engaged in the gaming industry in this state are confidential and shall not be disclosed except in the proper administration of this chapter or to an authorized law enforcement agency.
________
κ1965 Statutes of Nevada, Page 760κ
Senate Bill No. 303Senator Lamb
CHAPTER 347
AN ACT appropriating $115,000 from the general fund in the state treasury to the legislative fund.
[Approved April 8, 1965]
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 $115,000.
Sec. 2. This act shall become effective upon passage and approval.
________
Senate Bill No. 335Committee on Finance
CHAPTER 348
AN ACT appropriating $15,000 from the general fund in the state treasury to the legislative fund.
[Approved April 8, 1965]
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 $15,000.
Sec. 2. This act shall become effective upon passage and approval.
________
κ1965 Statutes of Nevada, Page 761κ
Assembly Bill No. 77Committee on Education
CHAPTER 349
AN ACT to amend NRS section 389.090, relating to automobile driver training, by authorizing the establishment and maintenance of automobile driver training courses in public high schools during regular semester and summer sessions; deleting an obsolete reference; to amend chapter 387 of NRS, relating to financial support of the public school system, by adding a new section creating the automobile driver education fund in the state treasury and providing for the apportionment and estimate of the automobile driver education fund; to amend chapter 389 of NRS, relating to courses of study in the public schools, by adding a new section authorizing a laboratory fee for automobile driver education; and providing other matters properly relating thereto.
[Approved April 9, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 389.090 is hereby amended to read as follows:
389.090 1. The state board of education shall adopt rules and regulations governing the establishment, conduct and scope of automobile driver [training] education in the public schools of this state.
2. The aims and purposes of automobile driver [training] education shall be to develop the knowledge, attitudes, habits and skills necessary for the safe operation of motor vehicles.
3. The board of trustees of a school district [maintaining a high school] may establish and maintain automobile driver [training for pupils enrolled in the regular full-time day high schools in the district only in accordance with the rules and regulations adopted by the state board of education.] education classes during regular semesters and summer sessions and during the regular school day and at times other than during the regular school day for:
(a) Pupils enrolled in the regular full-time day high schools in the school district;
(b) Pupils enrolled in summer classes conducted in high schools in the school district.
4. A board of trustees maintaining courses in automobile driver [training] education shall insure against any liability arising out of the use of motor vehicles in connection with such courses. The cost of such insurance shall be paid from available school district funds.
5. Automobile driver [training] education shall be conducted by the state board of education and boards of trustees and shall not be duplicated by any other agency, department, commission or officer of the State of Nevada. [The duties of automobile driver training previously conducted by the public service commission of Nevada are transferred to the state board of education.]
Sec. 2. Chapter 387 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. There is hereby created in the state treasury the automobile driver education fund for the purpose of assisting school districts in this state which establish and maintain automobile driver education classes pursuant to NRS 389.090.
κ1965 Statutes of Nevada, Page 762 (CHAPTER 349, AB 77)κ
classes pursuant to NRS 389.090. Moneys for the automobile driver education fund shall be provided by direct legislative appropriation.
2. The state board of education is authorized to make semiannual apportionments, payable on or before February 1 and August 1 of each year, from the automobile driver education fund to the several school districts. Each semiannual apportionment shall be made according to the number of pupils successfully completing, during the semester or semester and summer session next preceding the date of the apportionment, an approved automobile driver education course which complies with the provisions of NRS 389.090.
3. When a school district initiates an automobile driver education program, the first apportionment, based on 75 percent of the estimated number of pupils who will successfully complete the course, shall be paid at the beginning of the program. An adjustment shall be made at the end of the semester or semester and summer session based upon the actual number of pupils completing the course.
4. Moneys received by school districts from the automobile driver education fund shall not be expended for the purchase or repair of motor vehicles or the purchase or repair of automobile driver education training equipment.
Sec. 3. Chapter 389 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. The legislature finds as facts:
(a) That the successful completion of an approved automobile driver education course by a pupil offers a direct financial benefit to his parents or other responsible adult through the reduction of insurance premiums.
(b) That the imposition of a fee, not in excess of the actual cost of providing the special equipment required, as a prerequisite to an elective course in driver education, does not violate the requirements of article 11 of the constitution of the State of Nevada.
2. Upon receipt of the estimate provided in subsection 3 of section 2 of this act, the board of trustees of any school district is authorized to establish a laboratory fee to be charged each pupil enrolling for an automobile driver education course, which shall not exceed the difference per pupil between the actual cost of providing the course and the amount anticipated under subsection 2 of section 2 of this act, or $30, whichever is less.
________
κ1965 Statutes of Nevada, Page 763κ
Assembly Bill No. 424Messrs. Fike and Swobe
CHAPTER 350
AN ACT to amend chapter 111 of NRS, relating to conveyancing estates in property, by providing that all racial or religious restrictions as to acquisition, use or occupancy, conveyance, encumbrance or leasing of real property are voidable by grantees, their successors and assigns; providing for the recording of affidavits voiding such restrictions; and providing other matters properly relating thereto.
[Approved April 9, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 111 of NRS is hereby amended by adding thereto a new section which shall read as follows:
1. Every provision in a written instrument relating to real property which purports to forbid or restrict the conveyance, encumbrance, leasing or mortgaging of such real property to any person of a specified race, color, religion, ancestry or national origin is voidable by the grantee, his successors and assigns in the manner prescribed in subsection 3 and every restriction or prohibition as to the use or occupation of real property because of the users or occupiers race, color, religion, ancestry or national origin is voidable by the grantee, his successors and assigns in the manner prescribed in subsection 3.
2. Every restriction or prohibition, whether by way of covenant, condition upon use or occupation, or upon transfer of title to real property, which restriction or prohibition directly or indirectly limits the acquisition, use or occupation of such property because of the acquirers, users or occupiers race, color, religion, ancestry or national origin is voidable by the grantee, his successors and assigns in the manner prescribed in subsection 3.
3. The owner or owners of any real property subject to any restriction or prohibition specified in subsections 1 and 2 may record an affidavit declaring such restrictions or prohibitions to be void in the office of the county recorder in which such real property is located, and such recording shall operate to remove such restrictions or prohibitions.
________
κ1965 Statutes of Nevada, Page 764κ
Senate Bill No. 44Committee on Public Health
CHAPTER 351
AN ACT to amend chapter 436 of NRS, relating to preventive and out-patient mental health services, by adding new sections empowering counties to establish community mental health services; providing for an advisory board and a local director of mental health to administer each community mental health program; providing for state reimbursement of specified community mental health expenditures; creating a conference of local mental health directors; and providing for administration of the act and adoption of rules and regulations by the mental hygiene division; to amend NRS section 436.090, relating to legislative appropriations, by making changes required by the addition of such new sections; and providing other matters properly relating thereto.
[Approved April 12, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Chapter 436 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 29, inclusive, of this act.
Sec. 2. Sections 2 to 29, inclusive, of this act may be cited as the Community Mental Health Service Act.
Sec. 3. The legislature declares that the purposes of this act are:
1. To encourage and provide financial assistance to counties in the establishment and development of mental health services, including services to the mentally retarded, through locally controlled community mental health programs.
2. To promote the improvement and, if necessary, the expansion of already existing psychiatric services in general hospitals or clinics which help to conserve the mental health of the people of Nevada. It is the intent of this act that services to individuals shall be rendered only upon voluntary application.
Sec. 4. As used in sections 2 to 29, inclusive, of this act, governing body means the board of county commissioners.
Sec. 5. The governing body of any county may by ordinance or resolution establish a community mental health service, which service may cover the entire area of the county.
Sec. 6. 1. Each community mental health service shall have a local mental health advisory board of seven to 10 members appointed by the governing body. Three members of the advisory board shall, if there are so many who consent to serve, be physicians engaged in the private practice of medicine, one of whom shall, when available, be a specialist in psychiatry and one of whom shall, when available, be a specialist in the treatment of mental retardation. One member shall be the chairman of the local governing body, one member shall, is he consents to serve, be a district judge of the judicial district in which the community mental health service is located, and at least two members shall be persons representative of the public interest in mental health and the problems of mental retardation.
2. The term of each member of the advisory board shall be for 3 years, but of the members first appointed approximately one-third shall be appointed for a term of 1 year, one-third for a term of 2 years and one-third for a term of 3 years.
κ1965 Statutes of Nevada, Page 765 (CHAPTER 351, SB 44)κ
be appointed for a term of 1 year, one-third for a term of 2 years and one-third for a term of 3 years.
Sec. 7. The local mental health advisory board shall:
1. Review and evaluate the communitys needs, services, facilities and special problems in the fields of mental health and mental retardation.
2. Advise the governing body as to programs of community mental health services and facilities and services to the mentally retarded, and, when requested by such governing body, make recommendation regarding the appointment of a local director of mental health services.
3. After adoption of a program, continue to act in an advisory capacity to the local director of mental health services.
Sec. 8. The governing body shall appoint a local director of mental health services, who shall be a physician licensed by the State of Nevada, to administer the community health services. Applicants for such position need not be residents of the county or state and may be employed on a full- or part-time basis.
Sec. 9. The local director of mental health services shall:
1. Serve as chief executive officer of the community mental health service responsible to the governing body.
2. Exercise general supervision over mental health services and facilities furnished, operated or supported, and over services to the mentally retarded.
3. Recommend to the governing body, after consultation with the advisory board, the providing of services, establishment of facilities, contracting for services or facilities and other matters necessary or desirable to accomplish the purposes of this act.
4. Submit an annual report to the governing body reporting all activities of the program, including a financial accounting of expenditures and a forecast of anticipated needs for the ensuing year.
5. Carry on such studies as may be appropriate for the discharge of his duties, including the control and prevention of psychiatric disorders and the treatment of mental retardation.
Sec. 10. The governing body of any county may by agreement with the governing body or bodies of any other county or counties establish a joint mental health service.
Sec. 11. 1. Any agreement between two or more counties for the establishment of a joint mental health service shall provide:
(a) That each county shall bear its share of the cost of joint mental health services provided in proportion to the population of each county served.
(b) That the county treasurer of one participating county shall be the custodian of moneys made available for the purposes of such joint services and that the county treasurer may make payments from such moneys upon warrant of the appropriate officer or body of the county for which he is county treasurer.
2. Any such agreement may also provide:
(a) For the joint provision and operation of services and facilities or for the provision and operation of services and facilities by one participating county under contract for the other participating counties.
κ1965 Statutes of Nevada, Page 766 (CHAPTER 351, SB 44)κ
(b) For appointments of members of the local mental health advisory board by the several participating counties.
(c) That for specified purposes officers and employees of a joint mental health service shall be considered to be officers and employees of one participating county only.
(d) For such other matters as are necessary or proper to effectuate the purposes of this act.
Sec. 12. Unless otherwise expressly provided or required by the context, the provisions of this act relating to community mental health services and the appointment of local mental health advisory boards and directors shall apply to joint mental health services.
Sec. 13. Any community mental health service may contract for services and facilities with any hospital, clinic, laboratory or other similar institution. Any such contract may be entered into notwithstanding that the director of community mental health service is a member of the medical consultant staff of such hospital, clinic, laboratory or institution.
Sec. 14. The expenses incurred under the provisions of this act shall be a charge against the county and shall be audited, levied, collected and paid in the same manner as other charges.
Sec. 15. Expenditures made by counties for community mental health services, including services to the mentally retarded, pursuant to this act shall be reimbursed by the state pursuant to sections 16 to 29, inclusive, of this act.
Sec. 16. The community mental health services provided under this act shall consist of:
1. Out-patient psychiatric clinics and clinics for the mentally retarded for those who are unable to obtain private care, including referrals by physicians and surgeons.
2. In-patient services for the mentally retarded and psychiatric services in general hospitals and in psychiatric hospitals which are affiliated as the psychiatric division of or with a general hospital for those who are unable to obtain private care, including referrals by physicians and surgeons.
3. Rehabilitation services for the mentally retarded and for patients with psychiatric illnesses for those who are unable to obtain private care, including referrals by physicians and surgeons.
4. Informational services to the general public and educational services furnished by personnel qualified in the fields of mental health and mental retardation to schools, courts, health and welfare agencies, probation departments and other appropriate public or private agencies or groups authorized in the approved plan for community mental health services.
5. Psychiatric consultant services to public or private agencies for the promotion and coordination of services that preserve mental health and for the early recognition and management of conditions that might develop into psychiatric illnesses, and services to the mentally retarded.
Sec. 17. To be eligible for reimbursement a county, or in the case of a joint community mental health service, two or more counties, shall first:
1. Establish two or more of the facilities or services provided for in section 16 of this act.
κ1965 Statutes of Nevada, Page 767 (CHAPTER 351, SB 44)κ
section 16 of this act. In-service training necessary to providing such services shall be proper items of expenditures subject to state reimbursement.
2. Annually submit to the administrator of the mental hygiene division a plan for proposed expenditures. The administrator shall review such plan to determine compliance with standards established in this act and fix the amount subject to state reimbursement. Existing services may qualify pursuant to the provisions of this act for reimbursement upon determination by the local governing body that such services shall be subject to and administered under the provisions of this act.
Sec. 18. Expenditures incurred for the items specified in section 15 of this act shall be subject to reimbursement in accordance with the regulations of the administrator whether incurred by direct or joint operation of such facilities and services, by contracting for such services or by other arrangement pursuant to the provisions of this act. The administrator may take such investigations and audits of such expenditures as he may deem necessary.
Sec. 19. 1. Subject to appropriations therefor, the state shall pay to each county not more than 50 percent of the net amount expended from county funds on account of expenses subject to reimbursement by the state pursuant to section 15 of this act. To determine the net amount expended, any fees received from patients or other revenues received for services rendered or from donations shall be deducted from the cost of locally provided services.
2. All state and federal moneys appropriated or authorized for the promotion of mental health or for services to the mentally retarded in the State of Nevada shall be disbursed through the mental hygiene division in accordance with the provisions of this act and rules and regulations promulgated in accordance with this act.
Sec. 20. Where counties have established joint mental health services, expenditures subject to reimbursement are the prorated expenditures of such counties as provided by the agreement establishing the joint service.
Sec. 21. 1. Expenditures subject to reimbursement include:
(a) Expenditures for the items specified in section 16 of this act;
(b) Salaries of personnel;
(c) Approved facilities and services provided through contract;
(d) Operation, maintenance and service costs;
(e) Expenses incurred under this act by members of the conference of local directors of mental health services for attendance at regular meetings; and
(f) Such other expenditures as may be approved by the administrator.
2. Reimbursement may not be made for:
(a) Expenditures for capital improvements;
(b) The purchase or construction of buildings;
(c) Compensation to members of a local mental health advisory board, except for actual and necessary expenses incurred in the performance of official duties;
κ1965 Statutes of Nevada, Page 768 (CHAPTER 351, SB 44)κ
(d) Expenditures for treatment services furnished to patients who are able to obtain private care;
(e) Expenditures for a purpose for which state reimbursement is claimed under any other provision of law;
(f) Expenditures incurred for court procedures under this or any other provision of law; or
(g) The cost of confinement of any person in excess of 90 days in any 1 calendar year.
3. Reimbursement may not be made to any county or counties which employ a physician in the local mental health service who is not a citizen of the United States.
Sec. 22. 1. Claims for state reimbursement shall be made in such form, at such times, and for such periods as the administrator shall determine.
2. When certified by the administrator, claims for state reimbursement shall be presented to the state board of examiners.
Sec. 23. Fees for mental health services, including services to the mentally retarded, rendered pursuant to an approved local plan shall be charged in accordance with ability to pay, but not in excess of actual cost.
Sec. 24. 1. There is hereby established the Nevada conference of local mental health directors with which the administrator shall consult in establishing standards and rules and regulations pursuant to this act. Until three community mental health services are established, the membership of the Nevada conference of local mental health directors shall consist of local mental health directors, full-time county health officers and diplomates of the the American Board of Psychiatry and Neurology practicing in the State of Nevada.
2. The Nevada conference of local mental health directors shall consist of all regularly appointed directors of community mental health services. It shall organize and annually elect a president, a vice president and a secretary who shall serve as the executive committee of the conference. The president of the conference, after consultation with the administrator, may appoint such other committees of the conference as may from time to time be necessary to advise the administrator.
3. Meetings of the conference shall be called by the administrator, who shall give the members at least 10 days notice of such meetings. At official sessions of conference meetings the administrator shall preside, but the conference may hold additional sessions as may be determined upon by the executive committee of the conference, at which the president or other members of the conference shall preside. Those members present at official sessions shall make a quorum.
4. Actual and necessary expenses incurred by a member in attending not more than four meetings per year of the conference shall be a legal charge against the county which he represents. Actual and necessary expenses incurred by members of the conference in attending special meetings of the committees of the conference called by the administrator shall be a legal charge against any funds available for the administration of this act.
Sec. 25. The mental hygiene division shall administer this act and shall adopt standards for approval of local mental health services and rules and regulations necessary thereto, but such standards, rules and regulations shall be adopted only after consultation with and approval by the Nevada conference of local mental health directors.
κ1965 Statutes of Nevada, Page 769 (CHAPTER 351, SB 44)κ
rules and regulations necessary thereto, but such standards, rules and regulations shall be adopted only after consultation with and approval by the Nevada conference of local mental health directors. Approval of such standards, rules and regulations shall be by majority vote of those present at an official session.
Sec. 26. The administrator, after consultation with and approval by the Nevada conference of local mental health directors, shall by regulation establish standards of education and experience for professional and technical personnel employed in local mental health services. Such standards may include the maintenance of records of services, finances and expenditures, which shall be reported to the mental hygiene division in such manner and at such times as it may specify. Personnel procedures necessary to permit use of federal funds at local levels of government shall be employed.
Sec. 27. The mental hygiene division, after consultation with and approval by the Nevada conference of local mental health directors may provide for consultant and advisory services and for the training of technical and professional personnel in educational institutions and field training centers approved by the division and for the establishment and maintenance of field training centers in local mental health services.
Sec. 28. The president of the Nevada conference of local mental health directors may, for the purposes of this act and after consultation with the administrator, appoint such psychiatric and other consultants as may be necessary, who shall serve without pay but who may receive actual and necessary travel and other expenses incurred.
Sec. 29. The administrator may withhold state reimbursement, after consultation with the Nevada conference of local mental health directors, in whole or in part, from any county in the event of the failure of such county to comply with the provisions of this act or regulations made pursuant thereto relating to community mental health services or its administration.
Sec. 30. NRS 436.090 is hereby amended to read as follows:
436.090 Except as otherwise provided in sections 2 to 29, inclusive, of this act:
1. Funds to carry out the provisions of this chapter shall be provided by direct legislative appropriation from the general fund. Such funds shall be expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.246, inclusive, and transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.
2. All moneys in any fund available to the mental hygiene division for carrying out the provisions of this chapter shall be paid out on claims approved by the administrator as other claims against the state are paid.
Sec. 31. Sections 1 to 29, inclusive, of this act shall become effective on July 1, 1965. Section 30 of this act shall become effective on July 2, 1965.
________
κ1965 Statutes of Nevada, Page 770κ
Assembly Bill No. 201Miss Herr
CHAPTER 352
AN ACT to amend NRS sections 232.300 and 232.320, relating to the department of health and welfare, by creating a separate services to the blind division; to amend NRS sections 426.520, 426.550 to 426.570, inclusive, 426.590, 426.610, 426.630 to 426.650, inclusive, 426.665 to 426.690, inclusive, 426.710 and 426.720, relating to services to the blind, by transferring such responsibility to the services to the blind division; directing the transfer of certain authorized and appropriated moneys; and providing other matters properly relating thereto.
[Approved April 12, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. NRS 232.300 is hereby amended to read as follows:
232.300 1. The department of health and welfare is hereby created.
2. The department shall consist of a director and the following divisions:
(a) Alcoholism division.
(b) Childrens home division.
(c) Health division.
(d) Mental hygiene division.
(e) Nevada girls training center division.
(f) Nevada youth training center division.
(g) Services to the blind division.
(h) Welfare division.
Sec. 2. NRS 232.320 is hereby amended to read as follows:
232.320 The director shall:
1. Appoint, with the consent of the governor, a chief of each of the divisions of the department. The chief of the alcoholism division shall be known as the administrator of the alcoholism division, the chief of the childrens home division shall be known as the superintendent of the Nevada state childrens home, the chief of the services to the blind division shall be known as the supervisor of services to the blind, the chief of the health division shall be known as the state health officer, the chief of the mental hygiene division shall be known as the administrator of the mental hygiene division, the chief of the Nevada girls training center division shall be known as the superintendent of the Nevada girls training center, the chief of the Nevada youth training center division shall be known as the superintendent of the Nevada youth training center, and the chief of the welfare division shall be known as the state welfare administrator.
2. Be responsible for the administration, through the divisions of the department, of the provisions of chapters 210, 422 to 427, inclusive, 430 to 433, inclusive, 436, 439 to 447, inclusive, 449 and 450 of NRS and all other provisions of law relating to the functions of the divisions of the department, but shall not be responsible for the clinical activities of the health division or the professional line activities of the other divisions.
3. Have such other powers and duties as provided by law.
κ1965 Statutes of Nevada, Page 771 (CHAPTER 352, AB 201)κ
Sec. 3. NRS 426.520 is hereby amended to read as follows:
426.520 As used in NRS 426.520 to 426.620, inclusive, unless the context otherwise requires:
1. Blind [persons] person means any person who by reason of loss or impairment of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and shall include any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle or not greater than 20°.
2. [Bureau means the state bureau of services to the blind.
3. Welfare division means the welfare division of the department of health and welfare.] Division means the services to the blind division of the department of health and welfare.
Sec. 4. NRS 426.550 is hereby amended to read as follows:
426.550 1. [There is hereby created within the welfare division a bureau of services to the blind, which] The division shall be the sole agency in the state responsible for the rehabilitation of the blind.
2. The [bureau] division shall be headed by a supervisor who is experienced in work for the blind. Preference shall be given to qualified blind persons in filling the position of [the] supervisor of the [bureau.] division.
3. The [bureau shall not be made a part of any other section or subdivision of the welfare division, and the] supervisor of the [bureau of services to the blind] division shall be directly responsible to the [state welfare administrator.] director of the department of health and welfare.
4. The [bureau] division shall:
(a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.
(b) Provide intensive programs of case finding, education, training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.
Sec. 5. NRS 426.560 is hereby amended to read as follows:
426.560 1. Subject to the approval of the department of health and welfare, [division,] the [bureau] division shall have the power to make administrative rules and regulations to enforce the provisions of this chapter related to services for the blind, which rules and regulations shall not conflict with the provisions of this chapter.
2. Such rules and regulations shall recognize that the needs and problems of blind persons are special to them and may differ materially from the needs and problems of other persons.
Sec. 6. NRS 426.570 is hereby amended to read as follows:
426.570 1. All employees of the [bureau] division shall be directly responsible to the supervisor of the [bureau.] division.
2. Such employees shall consist of persons skilled in assisting blind persons to achieve social and economic independence.
κ1965 Statutes of Nevada, Page 772 (CHAPTER 352, AB 201)κ
Sec. 7. NRS 426.590 is hereby amended to read as follows:
426.590 The [bureau] division is hereby designated as the licensing agency for the purposes of 20 U.S.C. § 107 (a-f), and acts amendatory thereto.
Sec. 8. NRS 426.610 is hereby amended to read as follows:
426.610 1. If any applicant for or recipient of services to the blind is dissatisfied with any action taken by, or failure to act on the part of, the [bureau or the welfare] division in respect to his case, he shall have the right of appeal to the department of health and welfare [division] and the right to be represented in such appeal by his counsel or agent.
2. The department of health and welfare [division] shall provide an opportunity for a fair hearing of such individuals appeal and shall review his case in all matters in respect to which he is dissatisfied.
3. If such individual feels himself aggrieved by the decision of the department of health and welfare [division] in respect to his case he shall have the right, at any time within 90 days after the mailing to him of written notice of the decision, to petition the district court of the judicial district in which he resides to review such decision and the district court shall have jurisdiction to review the decision on the record of the case before the department of health and welfare, [division,] a copy of which shall be certified as correct by the [state] director of the department of health and welfare [administrator] and filed by the department of health and welfare [division] with the clerk of the court as part of its answer to any such petition for review. The district court shall either affirm the decision of the department of health and welfare, [division,] or, if it concludes that the findings of the [welfare division] department are not supported by evidence or that the [welfare divisions] departments decision is arbitrary, capricious or otherwise contrary to law, reverse the decision and remand the case to the [welfare division] department for further proceedings in the conformity with the decision of the court.
Sec. 9. NRS 426.630 is hereby amended to read as follows:
426.630 As used in NRS 426.630 to 426.720, inclusive, unless the context otherwise requires:
1. Blind person means any person who by reason of loss of eyesight is unable to provide himself with the necessities of life, and who has not sufficient income of his own to maintain himself, and includes any person whose visual acuity with correcting lenses does not exceed 20/200 in the better eye, or whose vision in the better eye is restricted to a field which subtends an angle of not greater than 20°.
2. [Bureau] Division means the [state bureau of] services to the blind [.] division of the department of health and welfare.
3. Operator means the individual blind person responsible for the day-to-day conduct of the vending stand operation.
4. Public building or property means any building, land or other real property, owned, leased or occupied by any department or agency of the State of Nevada or any of its political subdivisions except public elementary and secondary schools and the University of Nevada.
κ1965 Statutes of Nevada, Page 773 (CHAPTER 352, AB 201)κ
5. Vending stand means:
(a) Such buildings, shelters, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles as may be approved by the [welfare] division and the department or agency having care, custody and control of the building or property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for vending such articles;
(c) Cafeteria or snack bar facilities for the dispensing of foodstuffs and beverages; or
(d) Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages.
[6. Welfare division means the welfare division of the department of health and welfare.]
Sec. 10. NRS 426.640 is hereby amended to read as follows:
426.640 For the purposes of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons and stimulating blind persons to greater efforts to make themselves self-supporting with independent livelihoods, blind persons licensed under the provisions of NRS 426.630 to 426.720, inclusive, by the [welfare] division shall operate vending stands in or on any public buildings or properties where, in the discretion of the head of the department or agency in charge of the maintenance of such buildings or properties, such vending stands may properly and satisfactorily operate.
Sec. 11. NRS 426.650 is hereby amended to read as follows:
426.650 Each head of the department or agency in charge of the maintenance of public buildings or properties shall:
1. Not later than July 1, 1959, notify the [welfare] division in writing of any and all existing locations where vending stands are in operation or where vending stands might properly and satisfactorily be operated.
2. Not less than 30 days prior to the reactivation, leasing, re-leasing, licensing or issuance of permit for operation of any vending stand, inform the [welfare] division of any contemplated action.
3. Inform the [welfare] division of any locations where such vending stands are planned or might properly and satisfactorily be operated in or about other public buildings or properties as may now or thereafter come under the jurisdiction of the department or agency for maintenance, such information to be given not less than 30 days prior to leasing, re-leasing, licensing or issuance of permit for operation of any vending stand in such public building or on such property.
Sec. 12. NRS 426.665 is hereby amended to read as follows:
426.665 If a suitable location is available for a vending stand which requires the construction of a permanent building, the [bureau] division may construct such building, but only after obtaining approval of the legislature.
κ1965 Statutes of Nevada, Page 774 (CHAPTER 352, AB 201)κ
Sec. 13. NRS 426.670 is hereby amended to read as follows:
426.670 The [welfare] division [, through its bureau of services to the blind,] shall:
1. Make surveys of public buildings or properties to determine their suitability as locations for vending stands to be operated by blind persons and advise the heads of departments or agencies charged with the maintenance of such buildings or properties as to their findings.
2. With the consent of the head of the department or agency charged with the maintenance of the buildings or properties, establish vending stands in those locations which the [welfare] division has determined to be suitable, and may enter into leases or licensing agreements therefor.
3. Select, train, license and install qualified blind persons as managers of such vending stands.
4. Execute contracts or agreements with blind persons to manage vending stands, including finances, management, operation and other matters concerning such stands.
5. When the [welfare] division deems such action appropriate, impose and collect license fees for the privilege of operating such vending stands.
6. Establish and effectuate such rules and regulations as it may from time to time deem necessary to assure the proper and satisfactory operation of such vending stands.
Sec. 14. NRS 426.675 is hereby amended to read as follows:
426.675 1. The business enterprise contingent fund for the blind is hereby created in the state treasury.
2. Moneys received by the [welfare] division under the provisions of NRS 426.670 shall:
(a) Be deposited in the business enterprise contingent fund for the blind.
(b) Except as provided in subsection 3, remain in the fund and shall not revert to the general fund in the state treasury.
(c) Be used only for the purpose of purchasing, maintaining or replacing vending stands or the equipment therein.
3. If the business enterprise contingent fund for the blind is dissolved, any moneys remaining therein shall revert to the general fund in the state treasury.
Sec. 15. NRS 426.680 is hereby amended to read as follows:
426.680 1. If, after a vending stand survey as authorized by NRS 426.670, the head of a department or agency in charge of the maintenance of any public building or property rejects or does not act upon a written recommendation of the [bureau] division that a vending stand be established or operated for the employment of blind persons, the matter shall be referred to the [state] director of the department of health and welfare [administrator] for review.
2. After reviewing the recommendation of the [bureau,] division, the [administrator] director may refer the matter to the head of the department or agency concerned for further review and disposition.
3. If the [administrator] director is not satisfied with the decision of the head of the department or agency concerned, the [administrator] director may refer the matter for final decision and disposition to:
κ1965 Statutes of Nevada, Page 775 (CHAPTER 352, AB 201)κ
of the head of the department or agency concerned, the [administrator] director may refer the matter for final decision and disposition to:
(a) The governor, in the case of state buildings or properties.
(b) The board of county commissioners, in the case of county buildings or properties.
(c) The city council or other governing board of the municipality in the case of municipal buildings or properties.
(d) The governing board of the political subdivision in the case of buildings or properties of other political subdivisions of this state.
Sec. 16. NRS 426.690 is hereby amended to read as follows:
426.690 Vending stands operated under the provisions of NRS 426.630 to 426.720, inclusive, shall be used solely for the vending of such commodities and articles as may be approved by the [welfare] division and by the head of the department or agency in charge of the maintenance of the building or property in or on which such stand is operated.
Sec. 17. NRS 426.710 is hereby amended to read as follows:
426.710 The [bureau] division may, in its discretion, utilize appropriate nonprofit corporations organized under the laws of this state, or other agencies, as trustees to provide day-to-day management and operation services for the vending stand program for the blind. Such corporations or agencies shall be reimbursed for their actual and necessary expenses by the operators of the vending stand units which compose the vending stand program for the blind in accordance with such rules and regulations as may be adopted by the [bureau] division and approved by the department of health and welfare. [division.]
Sec. 18. NRS 426.720 is hereby amended to read as follows:
426.720 1. Persons operating vending stands in public buildings or on public properties as defined in NRS 426.630 prior to March 13, 1959, shall not be affected by the provisions of NRS 426.630 to 426.720, inclusive, except and only insofar as provided by subsection 2 of NRS 426.650.
2. Any blind person who is presently operating a vending stand in or on public buildings or properties who desires to avail himself of the advantages of the program authorized by NRS 426.630 to 426.720, inclusive, shall have the right to do so; and, in such instance, the [welfare] division may negotiate and consummate arrangements for the purchase of such vending stand equipment as it may deem necessary for the satisfactory operation of the vending stand.
Sec. 18.5. The director of the department of health and welfare is hereby directed to employ for the support of the services to the blind division, created in his department by this act, during each of the fiscal years beginning July 1, 1965, and ending June 30, 1966, and beginning July 1, 1966, and ending June 30, 1967, the combined sums of money authorized and appropriated for such fiscal year for the support of the welfare division for case services concerning sight and for services to blind administration, without distinction between such purposes.
Sec. 19. This act shall become effective at 12:05 p.m. on July 1, 1965.
________
κ1965 Statutes of Nevada, Page 776κ
Senate Bill No. 15Committee on Judiciary
CHAPTER 353
AN ACT to amend Title 8 of NRS, relating to commercial instruments and transactions, by adding a new chapter enacting the Uniform Commercial Code regulating commercial transactions, including sales of personal property, negotiable instruments, bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading and other documents of title, investment securities, and secured transactions and sales of accounts, contract rights and chattel paper, and making uniform the law relating thereto; to amend NRS sections 12.010, 21.080, 31.050, 40.430, 52.030, 111.225, and 247.225 to 247.280, inclusive, relating respectively to assignment of things in action, execution, attachment, actions on mortgages, presumptions, fraudulent conveyances and fees of county recorders, by making their general provisions subject to the new provisions enacted; to amend NRS sections 31.060, 52.070, 106.200 to 106.220, inclusive, 106.260 to 106.280, inclusive, 107.070, 247.150 and 482.420, relating respectively to attachment, presumptions, recording of mortgages, discharge or mortgages, deeds of trust, indexing by county recorders, and involuntary transfers of motor vehicles, by deleting therefrom superseded provisions; to amend NRS sections 78.240, 364.110 and 562.050, relating respectively to shares of stock, licensing of retail business, and foreclosure of liens on sheep, by deleting superseded provisions and adding references to new provisions, to amend NRS sections 31.400, 41.460, 108.290, 205.335 to 205.345, inclusive, 244.275, 247.170, 361.245, 482.055, 488.035, 564.110 and 646.010, relating respectively to property pledged or mortgaged to garnishee, ownership of motor vehicles, liens, offenses relating to mortgaged property, purchases by county commissioners, indexing by county recorders, mortgaged personal property, legal ownership of motor vehicles, definitions relating to watercraft, livestock brands and marks, and pawnbrokers, by changing terminology relating to security interests; to amend NRS section 247.300, relating to fees of county recorders, by deleting superseded provisions and changing terminology; to amend chapter 106 of NRS, relating to mortgages, by adding a new section relating to adoption of covenants by reference; to amend NRS sections 106.010 to 106.050, inclusive, and 106.190, relating to adoption of mortgage covenants by reference and to mortgages of livestock feed, by making changes necessitated by the addition of such new section; to amend chapter 205 of NRS, relating to crimes against property, by adding new sections relating to documents of title and bulk transfers; to repeal chapters 79, 92, 93, 94, 95, 96, 98 and 103 of NRS, relating respectively to stock transfers, negotiable instruments, trust receipts, bills of lading, warehouse receipts, sales, bulk sales and private bulk grain storage; to repeal NRS sections 52.080, 78.255, 78.260, 100.070 to 100.170, inclusive, 106.060 to 106.180, inclusive, 106.230, 106.250, 107.060, 247.140, 482.510, 662.130, 663.040, 664.010, 664.050 to 664.070, inclusive, relating respectively to presumptions, lost or destroyed stock certificates, assignment of accounts receivable, mortgages of personal property, duties of county recorder, extinguishment of liens, deeds of trust, filing of chattel mortgages, registration of motor vehicles, Saturday closing, forged or raised checks, presentation of checks, stopping payment and bank collections; and providing other matters properly relating thereto.
[Approved April 12, 1965]
The People of the State of Nevada, represented in Senate and Assembly,
do enact as follows:
Section 1. Title 8 of NRS is hereby amended by adding thereto a new chapter which shall read as follows:
κ1965 Statutes of Nevada, Page 777 (CHAPTER 353, SB 15)κ
ARTICLE 1
GENERAL PROVISIONS
part 1
short title, construction, application and subject
matter of the chapter
Section 1-101. This chapter shall be known and may be cited as Uniform Commercial Code.
Sec. 1-102. 1. This chapter shall be liberally construed and applied to promote its underlying purposes and policies.
2. Underlying purposes and policies of this chapter are:
(a) To simplify, clarify and modernize the law governing commercial transactions.
(b) To permit the continued expansion of commercial practices through custom, usage and agreement of the parties.
(c) To make uniform the law among the various jurisdictions.
3. The effect of provisions of this chapter may be varied by agreement, except as otherwise provided in this chapter and except that the obligations of good faith, diligence, reasonableness and care prescribed by this chapter may not be disclaimed by agreement but the parties may by agreement determine the standards by which the performance of such obligations is to be measured if such standards are not manifestly unreasonable.
4. The presence in certain provisions of this chapter of the words unless otherwise agreed or words of similar import does not imply that the effect of other provisions may not be varied by agreement under subsection 3.
5. In this chapter unless the context otherwise requires:
(a) Words in the singular number include the plural, and in the plural include the singular.
(b) Words of the masculine gender include the feminine and the neuter, and when the sense so indicates words of the neuter gender may refer to any gender.
Sec. 1-103. Unless displaced by the particular provisions of this chapter, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions.
Sec. 1-104. This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Sec. 1-105. 1. Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.
κ1965 Statutes of Nevada, Page 778 (CHAPTER 353, SB 15)κ
this state or of such other state or nation shall govern their rights and duties. Failing such agreement this chapter applies to transactions bearing an appropriate relation to this state.
2. Where one of the following provisions of this chapter specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:
Rights of creditors against sold goods. Section 2-402.
Applicability of the article on bank deposits and collections. Section 4-102.
Bulk transfers subject to the article on bulk transfers. Section 6-102.
Applicability of the article on investment securities. Section 8-106.
Policy and scope of the article on secured transactions. Sections 9-102 and 9-103.
Sec. 1-106. 1. The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special nor penal damages may be had except as specifically provided in this chapter or by other rule of law.
2. Any right or obligation declared by this chapter is enforcible by action unless the provision declaring it specifies a different and limited effect.
Sec. 1-107. Any claim or right arising out of an alleged breach can be discharged in whole or in part without consideration by a written waiver or renunciation signed and delivered by the aggrieved party.
Sec. 1-108. If any provision or clause of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Sec. 1-110. Transactions validly entered into before the effective date of this chapter and the rights, duties and interests flowing from them remain valid thereafter and may be terminated, completed, consummated or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though such repeal or amendment had not occurred.
PART 2
GENERAL DEFINITIONS AND PRINCIPLES OF INTERPRETATION
Sec. 1-201. Subject to additional definitions contained in the subsequent articles of this chapter which are applicable to specific articles or parts thereof, and unless the context otherwise requires, in this chapter:
κ1965 Statutes of Nevada, Page 779 (CHAPTER 353, SB 15)κ
1. Action in the sense of a judicial proceeding includes recoupment, counterclaim, setoff, suit in equity and any other proceedings in which rights are determined.
2. Aggrieved party means a party entitled to resort to a remedy.
3. Agreement means the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this chapter (sections 1-205 and 2-208). Whether an agreement has legal consequences is determined by the provisions of this chapter, if applicable; otherwise by the law of contracts (section 1-103). (Compare contract.)
4. Bank means any person engaged in the business of banking.
5. Bearer means the person in possession of an instrument, document of title, or security payable to bearer or endorsed in blank.
6. Bill of lading means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods, and includes an airbill. Airbill means a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill.
7. Branch includes a separately incorporated foreign branch of a bank.
8. Burden of establishing a fact means the burden of persuading the triers of fact that the existence of the fact is more probable than its nonexistence.
9. Buyer in ordinary course of business means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. Buying may be for cash or by exchange of other property or on secured or unsecured credit and includes receiving goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.
10. A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it. A printed heading in capitals (as: Nonnegotiable Bill of Lading) is conspicuous. Language in the body of a form is conspicuous if it is in larger or other contrasting type or color. But in a telegram any stated term is conspicuous. Whether a term or clause is conspicuous or not is for decision by the court.
11. Contract means the total legal obligation which results from the parties agreement as affected by this chapter and any other applicable rules of law. (Compare agreement.)
12. Creditor includes a general creditor, a secured creditor, a lien creditor and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity and an executor or administrator of an insolvent debtors or assignors estate.
κ1965 Statutes of Nevada, Page 780 (CHAPTER 353, SB 15)κ
13. Defendant includes a person in the position of defendant in a cross-action or counterclaim.
14. Delivery with respect to instruments, documents of title, chattel paper or securities means voluntary transfer of possession.
15. Document of title includes bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of it is entitled to receive, hold and dispose of the document and the goods it covers. To be a document of title a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailees possession which are either identified or are fungible portions of an identified mass.
16. Fault means wrongful act, omission or breach.
17. Fungible with respect to goods or securities means goods or securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit. Goods which are not fungible shall be deemed fungible for the purposes of this chapter to the extent that under a particular agreement or document unlike units are treated as equivalents.
18. Genuine means free of forgery or counterfeiting.
19. Good faith means honesty in fact in the conduct or transaction concerned.
20. Holder means a person who is in possession of a document of title or an instrument or an investment security drawn, issued or endorsed to him or to his order or to bearer or in blank.
21. To honor is to pay or to accept and pay, or where a credit so engages to purchase or discount a draft complying with the terms of the credit.
22. Insolvency proceedings includes any assignment for the benefit of creditors or other proceedings intended to liquidate or rehabilitate the estate of the person involved.
23. A person is insolvent who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due or is insolvent within the meaning of the federal bankruptcy law.
24. Money means a medium of exchange authorized or adopted by a domestic or foreign government as a part of its currency.
25. A person has notice of a fact when:
(a) He has actual knowledge of it; or
(b) He has received a notice or notification of it; or
(c) From all the facts and circumstances known to him at the time in question he has reason to know that it exists.
A person knows or has knowledge of a fact when he has actual knowledge of it. Discover or learn or a word or phrase of similar import refers to knowledge rather than to reason to know. The time and circumstances under which a notice or notification may cease to be effective are not determined by this chapter.
26. A person notifies or gives a notice or notification to another by taking such steps as may be reasonably required to inform the other in ordinary course whether or not such other actually comes to know of it.
κ1965 Statutes of Nevada, Page 781 (CHAPTER 353, SB 15)κ
in ordinary course whether or not such other actually comes to know of it. A person receives a notice or notification when:
(a) It comes to his attention; or
(b) It is duly delivered at the place of business through which the contract was made or at any other place held out by him as the place for receipt of such communications.
27. Notice, knowledge or a notice or notification received by an organization is effective for a particular transaction from the time when it is brought to the attention of the individual conducting that transaction, and in any event from the time when it would have been brought to his attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless such communication is part of his regular duties or unless he has reason to know of the transaction and that the transaction would be materially affected by the information.
28. Organization includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
29. Party, as distinct from third party, means a person who has engaged in a transaction or made an agreement within this chapter.
30. Person includes an individual or an organization (see section 1-102).
31. Presumption or presumed means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.
32. Purchase includes taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift or any other voluntary transaction creating an interest in property.
33. Purchaser means a person who takes by purchase.
34. Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.
35. Representative includes an agent, an officer of a corporation or association, and a trustee, executor or administrator of an estate, or any other person empowered to act for another.
36. Rights includes remedies.
37. Security interest means an interest in personal property or fixtures which secures payment or performance of an obligation. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer (section 2-401) is limited in effect to a reservation of a security interest. The term also includes any interest of a buyer of accounts, chattel paper or contract rights which is subject to article 9. The special property interest of a buyer of goods on identification of such goods to a contract for sale under section 2-401 is not a security interest, but a buyer may also acquire a security interest by complying with article 9.
κ1965 Statutes of Nevada, Page 782 (CHAPTER 353, SB 15)κ
a security interest by complying with article 9. Unless a lease or consignment is intended as security, reservation of title thereunder is not a security interest but a consignment is in any event subject to the provisions on consignment sales (section 2-326). Whether a lease is intended as security is to be determined by the facts of each case; however,
(a) The inclusion of an option to purchase does not of itself make the lease one intended for security; and
(b) An agreement that upon compliance with the terms of the lease the lessee shall become or has the option to become the owner of the property for no additional consideration or for a nominal consideration does make the lease one intended for security.
38. Send in connection with any writing or notice means to deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and in the case of an instrument to an address specified thereon or otherwise agreed, or if there be none to any address reasonable under the circumstances. The receipt of any writing or notice within the time at which it would have arrived if properly sent has the effect of a proper sending.
39. Signed includes any symbol executed or adopted by a party with present intention to authenticate a writing. 40. Surety includes guarantor.
41. Telegram includes a message transmitted by radio, teletype, cable, any mechanical method of transmission, or the like.
42. Term means that portion of an agreement which relates to a particular matter.
43. Unauthorized signature or endorsement means one made without actual, implied or apparent authority and includes a forgery.
44. Except as otherwise provided with respect to negotiable instruments and bank collections (sections 3-303, 4-208 and 4-209) a person gives value for rights if he acquires them:
(a) In return for a binding commitment to extend credit or for the extension of immediately available credit whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection; or
(b) As security for or in total or partial satisfaction of a preexisting claim; or
(c) By accepting delivery pursuant to a preexisting contract for purchase; or
(d) Generally, in return for any consideration sufficient to support a simple contract.
45. Warehouse receipt means a receipt issued by a person engaged in the business of storing goods for hire.
46. Written or writing includes printing, typewriting or any other intentional reduction to tangible form.
Sec. 1-202. A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weighers or inspectors certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party shall be prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
κ1965 Statutes of Nevada, Page 783 (CHAPTER 353, SB 15)κ
facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
Sec. 1-203. Every contract or duty within this chapter imposes an obligation of good faith in its performance or enforcement.
Sec. 1-204. 1. Whenever this chapter requires any action to be taken within a reasonable time, any time which is not manifestly unreasonable may be fixed by agreement.
2. What is a reasonable time for taking any action depends on the nature, purpose and circumstances of such action.
3. An action is taken seasonably when it is taken at or within the time agreed or if no time is agreed at or within a reasonable time.
Sec. 1-205. 1. A course of dealing is a sequence of previous conduct between the parties to a particular transaction which is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
2. A usage of trade is any practice or method of dealing having such regularity of observance in a place, vocation or trade as to justify an expectation that it will be observed with respect to the transaction in question. The existence and scope of such a usage are to be proved as facts. If it is established that such a usage is embodied in a written trade code or similar writing the interpretation of the writing is for the court.
3. A course of dealing between parties and any usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware give particular meaning to and supplement or qualify terms of an agreement.
4. The express terms of an agreement and an applicable course of dealing or usage of trade shall be construed wherever reasonable as consistent with each other; but when such construction is unreasonable express terms control both course of dealing and usage of trade and course of dealing controls usage of trade.
5. An applicable usage of trade in the place where any part of performance is to occur shall be used in interpreting the agreement as to that part of the performance.
6. Evidence of a relevant usage of trade offered by one party is not admissible unless and until he has given the other party such notice as the court finds sufficient to prevent unfair surprise to the latter.
Sec. 1-206. 1. Except in the cases described in subsection 2 of this section a contract for the sale of personal property is not enforcible by way of action or defense beyond $5,000 in amount or value of remedy unless there is some writing which indicates that a contract for sale has been made between the parties at a defined or stated price, reasonably identifies the subject matter, and is signed by the party against whom enforcement is sought or by his authorized agent.
2. Subsection 1 of this section does not apply to contracts for the sale of goods (section 2-201) nor of securities (section 8-319) nor to security agreements (section 9-203).
Sec. 1-207. A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved.
κ1965 Statutes of Nevada, Page 784 (CHAPTER 353, SB 15)κ
rights reserved. Such words as without prejudice, under protest or the like are sufficient.
Sec. 1-208. A term providing that one party or his successor in interest may accelerate payment or performance or require collateral or additional collateral at will or when he deems himself insecure or in words of similar import shall be construed to mean that he shall have power to do so only if he in good faith believes that the prospect of payment or performance is impaired. The burden of establishing lack of good faith is on the party against whom the power has been exercised.
ARTICLE 2
SALES
PART 1
SHORT TITLE, GENERAL CONSTRUCTION AND SUBJECT MATTER
Sec. 2-101. This article shall be known and may be cited as Uniform Commercial Code-Sales.
Sec. 2-102. Unless the context otherwise requires, this article applies to transactions in goods; it does not apply to any transaction which although in the form of an unconditional contract to sell or present sale is intended to operate only as a security transaction nor does this article impair or repeal any statute regulating sales to consumers, farmers or other specified classes of buyers.
Sec. 2-103. 1. In this article unless the context otherwise requires:
(a) Buyer means a person who buys or contracts to buy goods.
(b) Good faith in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade.
(c) Receipt of goods means taking physical possession of them.
(d) Seller means a person who sells or contracts to sell goods.
2. Other definitions applying to this article or to specified parts thereof, and the sections in which they appear are:
Acceptance. Section 2-606.
Bankers credit. Section 2-325.
Between merchants. Section 2-104.
Cancellation. Section 2-106(4).
Commercial unit. Section 2-105.
Confirmed credit. Section 2-325.
Conforming to contract. Section 2-106.
Contract for sale. Section 2-106.
Cover. Section 2-712.
Entrusting. Section 2-403.
Financing agency. Section 2-104.
Future goods. Section 2-105.
Goods. Section 2-105.
Identification. Section 2-501.
κ1965 Statutes of Nevada, Page 785 (CHAPTER 353, SB 15)κ
Installment contract. Section 2-612.
Letter of Credit. Section 2-325.
Lot. Section 2-105.
Merchant. Section 2-104.
Overseas. Section 2-323.
Person in position of seller. Section 2-707.
Present sale. Section 2-106.
Sale. Section 2-106.
Sale on approval. Section 2-326.
Sale or return. Section 2-326.
Termination. Section 2-106.
3. The following definitions in other articles apply to this article:
Check. Section 3-104.
Consignee. Section 7-102.
Consignor. Section 7-102.
Consumer goods. Section 9-109.
Dishonor. Section 3-507.
Draft. Section 3-104.
4. In addition article 1 contains general definitions and principles of construction and interpretation applicable throughout this article.
Sec. 2-104. 1. Merchant means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.
2. Financing agency means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the sellers draft or making advances against it or by merely taking it for collection whether or not documents of title accompany the draft. Financing agency includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (section 2-707).
3. Between merchants means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
Sec. 2-105. 1. Goods means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (article 8) and things in action. Goods also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (section 2-107).
2. Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are future goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.
κ1965 Statutes of Nevada, Page 786 (CHAPTER 353, SB 15)κ
3. There may be a sale of a part interest in existing identified goods.
4. An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the sellers interest in the bulk be sold to the buyer who then becomes an owner in common.
5. Lot means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.
6. Commercial unit means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross or carload) or any other unit treated in use or in the relevant market as a single whole.
Sec. 2-106. 1. In this article unless the context otherwise requires contract and agreement are limited to those relating to the present or future sale of goods. Contract for sale includes both a present sale of goods and a contract to sell goods at a future time. A sale consists in the passing of title from the seller to the buyer for a price (section 2-401). A present sale means a sale which is accomplished by the making of the contract.
2. Goods or conduct including any part of a performance are conforming or conform to the contract when they are in accordance with the obligations under the contract.
3. Termination occurs when either party pursuant to a power created by agreement or law puts an end to the contract otherwise than for its breach. On termination all obligations which are still executory on both sides are discharged but any right based on prior breach or performance survives.
4. Cancellation occurs when either party puts an end to the contract for breach by the other and its effect is the same as that of termination except that the canceling party also retains any remedy for breach of the whole contract or any unperformed balance.
Sec. 2-107. 1. A contract for the sale of timber, minerals or the like or a structure or its materials to be removed from realty is a contract for the sale of goods within this article if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.
2. A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection 1 is a contract for the sale of goods within this article whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.
3. The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyers rights under the contract for sale.
κ1965 Statutes of Nevada, Page 787 (CHAPTER 353, SB 15)κ
for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyers rights under the contract for sale.
PART 2
FORM, FORMATION AND READJUSTMENT OF CONTRACT
Sec. 2-201. 1. Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforcible by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforcible under this subsection beyond the quantity of goods shown in such writing.
2. Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection 1 against such party unless written notice of objection to its contents is given within 10 days after it is received.
3. A contract which does not satisfy the requirements of subsection 1 but which is valid in other respects is enforcible:
(a) If the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the sellers business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or
(b) If the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforcible under this provision beyond the quantity of goods admitted; or
(c) With respect to goods for which payment has been made and accepted or which have been received and accepted (section 2-606).
Sec. 2-202. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:
1. By course of dealing or usage of trade (section 1-205) or by course of performance (section 2-208); and
2. By evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.
Sec. 2-203. The affixing of a seal to a writing evidencing a contract for sale or an offer to buy or sell goods does not constitute the writing a sealed instrument and the law with respect to sealed instruments does not apply to such a contract or offer.
κ1965 Statutes of Nevada, Page 788 (CHAPTER 353, SB 15)κ
a sealed instrument and the law with respect to sealed instruments does not apply to such a contract or offer.
Sec. 2-204. 1. A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.
2. An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.
3. Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
Sec. 2-205. An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed 3 months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
Sec. 2-206. 1. Unless otherwise unambiguously indicated by the language or circumstances:
(a) An offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances.
(b) An order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.
2. Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
Sec. 2-207. 1. A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.
2. The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:
(a) The offer expressly limits acceptance to the terms of the offer;
(b) They materially alter it; or
(c) Notification of objection to them has already been given or is given within a reasonable time after notice of them is received.
3. Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this chapter.
κ1965 Statutes of Nevada, Page 789 (CHAPTER 353, SB 15)κ
writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this chapter.
Sec. 2-208. 1. Where the contract for sale involves repeated occasions for performance by either party with knowledge of the nature of the performance and opportunity for objection to it by the other, any course of performance accepted or acquiesced in without objection shall be relevant to determine the meaning of the agreement.
2. The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but when such construction is unreasonable, express terms shall control course of performance and course of performance shall control both course of dealing and usage of trade (section 1-205).
3. Subject to the provisions of the next section on modification and waiver, such course of performance shall be relevant to show a waiver or modification of any term inconsistent with such course of performance.
Sec. 2-209. 1. An agreement modifying a contract within this article needs no consideration to be binding.
2. A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.
3. The requirements of the statute of frauds section of this article (section 2-201) must be satisfied if the contract as modified is within its provisions.
4. Although an attempt at modification or rescission does not satisfy the requirements of subsection 2 or 3 it can operate as a waiver.
5. A party who has made a waiver affecting an executory portion of the contract may retract the waiver by reasonable notification received by the other party that strict performance will be required of any term waived, unless the retraction would be unjust in view of a material change of position in reliance on the waiver.
Sec. 2-210. 1. A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.
2. Unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignors due performance of his entire obligation can be assigned despite agreement otherwise.
3. Unless the circumstances indicate the contrary a prohibition of assignment of the contract is to be construed as barring only the delegation to the assignee of the assignors performance.
4. An assignment of the contract or of all my rights under the contract or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties.
κ1965 Statutes of Nevada, Page 790 (CHAPTER 353, SB 15)κ
of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforcible by either the assignor or the other party to the original contract.
5. The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the assignor demand assurances from the assignee (section 2-609).
PART 3
GENERAL OBLIGATION AND CONSTRUCTION OF CONTRACT
Sec. 2-301. The obligation of the seller is to transfer and deliver and that of the buyer is to accept and pay in accordance with the contract.
Sec. 2-302. 1. If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
2. When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination.
Sec. 2-303. Where this article allocates a risk or a burden as between the parties unless otherwise agreed, the agreement may not only shift the allocation but may also divide the risk or burden.
Sec. 2-304. 1. The price can be made payable in money or otherwise. If it is payable in whole or in part in goods each party is a seller of the goods which he is to transfer.
2. Even though all or part of the price is payable in an interest in realty the transfer of the goods and the sellers obligations with reference to them are subject to this article, but not the transfer of the interest in realty or the transferors obligations in connection therewith.
Sec. 2-305. 1. The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if:
(a) Nothing is said as to price; or
(b) The price is left to be agreed by the parties and they fail to agree; or
(c) The price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.
2. A price to be fixed by the seller or by the buyer means a price for him to fix in good faith.
κ1965 Statutes of Nevada, Page 791 (CHAPTER 353, SB 15)κ
3. When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as canceled or himself fix a reasonable price.
4. Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.
Sec. 2-306. 1. A term which measures the quantity by the output of the seller or the requirements of the buyer means such actual output or requirements as may occur in good faith, except that no quantity unreasonably disproportionate to any stated estimate or in the absence of a stated estimate to any normal or otherwise comparable prior output or requirements may be tendered or demanded.
2. A lawful agreement by either the seller or the buyer for exclusive dealing in the kind of goods concerned imposes unless otherwise agreed an obligation by the seller to use best efforts to supply the goods and by the buyer to use best efforts to promote their sale.
Sec. 2-307. Unless otherwise agreed all goods called for by a contract for sale must be tendered in a single delivery and payment is due only on such tender but where the circumstances give either party the right to make or demand delivery in lots the price if it can be apportioned may be demanded for each lot.
Sec. 2-308. Unless otherwise agreed:
1. The place for delivery of goods is the sellers place of business or if he has none his residence; but
2. In a contract for sale of identified goods which to the knowledge of the parties at the time of contracting are in some other place, that place is the place for their delivery; and
3. Documents of title may be delivered through customary banking channels.
Sec. 2-309. 1. The time for shipment or delivery or any other action under a contract if not provided in this article or agreed upon shall be a reasonable time.
2. Where the contract provides for successive performances but is indefinite in duration it is valid for a reasonable time but unless otherwise agreed may be terminated at any time by either party.
3. Termination of a contract by one party except on the happening of an agreed event requires that reasonable notification be received by the other party and an agreement dispensing with notification is invalid if its operation would be unconscionable.
Sec. 2-310. Unless otherwise agreed:
1. Payment is due at the time and place at which the buyer is to receive the goods even though the place of shipment is the place of delivery; and
2. If the seller is authorized to send the goods he may ship them under reservation, and may tender the documents of title, but the buyer may inspect the goods after their arrival before payment is due unless such inspection is inconsistent with the terms of the contract (section 2-513); and
κ1965 Statutes of Nevada, Page 792 (CHAPTER 353, SB 15)κ
unless such inspection is inconsistent with the terms of the contract (section 2-513); and
3. If delivery is authorized and made by way of documents of title otherwise than by subsection 2 then payment is due at the time and place at which the buyer is to receive the documents regardless of where the goods are to be received; and
4. Where the seller is required or authorized to ship the goods on credit the credit period runs from the time of shipment but postdating the invoice or delaying its dispatch will correspondingly delay the starting of the credit period.
Sec. 2-311. 1. An agreement for sale which is otherwise sufficiently definite (subsection 3 of section 2-204) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness.
2. Unless otherwise agreed specifications relating to assortment of the goods are at the buyers option and except as otherwise provided in paragraph (c) of subsection 1 and subsection 3 of section 2-319 specifications or arrangements relating to shipment are at the sellers option.
3. Where such specification would materially affect the other partys performance but is not seasonably made or where one partys cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies:
(a) Is excused for any resulting delay in his own performance; and
(b) May also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
Sec. 2-312. 1. Subject to subsection 2 there is in a contract for sale a warranty by the seller that:
(a) The title conveyed shall be good, and its transfer rightful; and
(b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.
2. A warranty under subsection 1 will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.
3. Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.
Sec. 2-313. 1. Express warranties by the seller are created as follows:
(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.
κ1965 Statutes of Nevada, Page 793 (CHAPTER 353, SB 15)κ
bargain creates an express warranty that the goods shall conform to the affirmation or promise.
(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.
(c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.
2. It is not necessary to the creation of an express warranty that the seller use formal words such as warrant or guarantee or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the sellers opinion or commendation of the goods does not create a warranty.
Sec. 2-314. 1. Unless excluded or modified (section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
2. Goods to be merchantable must be at least such as:
(a) Pass without objection in the trade under the contract description; and
(b) In the case of fungible goods, are of fair average quality within the description; and
(c) Are fit for the ordinary purposes for which such goods are used; and
(d) Run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and
(e) Are adequately contained, packaged and labeled as the agreement may require; and
(f) Conform to the promises or affirmations of fact made on the container or label if any.
3. Unless excluded or modified (section 2-316) other implied warranties may arise from course of dealing or usage of trade.
Sec. 2-315. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the sellers skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.
Sec. 2-316. 1. Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this article on parol or extrinsic evidence (section 2-202) negation or limitation is inoperative to the extent that such construction is unreasonable.
2. Subject to subsection 3, to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warrant of fitness the exclusion must be by a writing and conspicuous.
κ1965 Statutes of Nevada, Page 794 (CHAPTER 353, SB 15)κ
be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that There are no warranties which extend beyond the description on the face hereof.
3. Notwithstanding subsection 2:
(a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like as is, with all faults or other language which in common understanding calls the buyers attention to the exclusion of warranties and makes plain that there is no implied warranty; and
(b) When the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and
(c) An implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.
4. Remedies for breach of warranty can be limited in accordance with the provisions of this article on liquidation or limitation of damages and on contractual modification of remedy (sections 2-718 and 2-719).
Sec. 2-317. Warranties whether express or implied shall be construed as consistent with each other and as cumulative, but if such construction is unreasonable the intention of the parties shall determine which warranty is dominant. In ascertaining that intention the following rules apply:
1. Exact or technical specifications displace an inconsistent sample or model or general language of description.
2. A sample from an existing bulk displaces inconsistent general language of description.
3. Express warranties displace inconsistent implied warranties other than an implied warranty of fitness for a particular purpose.
Sec. 2-318. A sellers warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section.
Sec. 2-319. 1. Unless otherwise agreed the term F.O.B. (which means free on board) at a named place, even though used only in connection with the stated price, is a delivery term under which:
(a) When the term is F.O.B. the place of shipment, the seller must at that place ship the goods in the manner provided in this article (section 2-504) and bear the expense and risk of putting them into the possession of the carrier; or
(b) When the term is F.O.B. the place of destination, the seller must at his own expense and risk transport the goods to that place and there tender delivery of them in the manner provided in this article (section 2-503);
(c) When under either paragraph (a) or (b) the term is also F.O.B. vessel, car or other vehicle, the seller must in addition at his own expense and risk load the goods on board. If the term is F.O.B. vessel the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this article on the form of bill of lading (section 2-323).
κ1965 Statutes of Nevada, Page 795 (CHAPTER 353, SB 15)κ
the buyer must name the vessel and in an appropriate case the seller must comply with the provisions of this article on the form of bill of lading (section 2-323).
2. Unless otherwise agreed the term F.A.S. vessel (which means free alongside) at a named port, even though used only in connection with the stated price, is a delivery term under which the seller must:
(a) At his own expense and risk deliver the goods alongside the vessel in the manner usual in that port or on a dock designated and provided by the buyer; and
(b) Obtain and tender a receipt for the goods in exchange for which the carrier is under a duty to issue a bill of lading.
3. Unless otherwise agreed in any case falling within paragraph (a) or (c) of subsection 1 or subsection 2 the buyer must seasonably give any needed instructions for making delivery, including when the term is F.A.S. or F.O.B. the loading berth of the vessel and in an appropriate case its name and sailing date. The seller may treat the failure of needed instructions as a failure of cooperation under this article (section 2-311). He may also at his option move the goods in any reasonable manner preparatory to delivery or shipment.
4. Under the term F.O.B. vessel or F.A.S. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.
Sec. 2-320. 1. The term C.I.F. means that the price includes in a lump sum the cost of the goods and the insurance and freight to the named destination. The term C. & F. or C.F. means that the price so includes cost and freight to the named destination.
2. Unless otherwise agreed and even though used only in connection with the stated price and destination, the term C.I.F. destination or its equivalent requires the seller at his own expense and risk to:
(a) Put the goods into the possession of a carrier at the port for shipment and obtain a negotiable bill or bills of lading covering the entire transportation to the named destination; and
(b) Load the goods and obtain a receipt from the carrier (which may be contained in the bill of lading) showing that the freight has been paid or provided for; and
(c) Obtain a policy or certificate of insurance, including any war risk insurance, of a kind and on terms then current at the port of shipment in the usual amount, in the currency of the contract, shown to cover the same goods covered by the bill of lading and providing for payment of loss to the order of the buyer or for the account of whom it may concern; but the seller may add to the price the amount of the premium for any such war risk insurance; and
(d) Prepare an invoice of the goods and procure any other documents required to effect shipment or to comply with the contract; and
(e) Forward and tender with commercial promptness all the documents in due form and with any endorsement necessary to perfect the buyers rights.
3. Unless otherwise agreed the term C. & F. or its equivalent has the same effect and imposes upon the seller the same obligations and risks as a C.I.F. term except the obligation as to insurance.
κ1965 Statutes of Nevada, Page 796 (CHAPTER 353, SB 15)κ
4. Under the term C.I.F. or C. & F. unless otherwise agreed the buyer must make payment against tender of the required documents and the seller may not tender nor the buyer demand delivery of the goods in substitution for the documents.
Sec. 2-321. Under a contract containing a term C.I.F. or C. & F.:
1. Where the price is based on or is to be adjusted according to net landed weights, delivered weights, out turn quantity or quality or the like, unless otherwise agreed the seller must reasonably estimate the price. The payment due on tender of the documents called for by the contract is the amount so estimated, but after final adjustment of the price a settlement must be made with commercial promptness.
2. An agreement described in subsection 1 or any warranty of quality or condition of the goods on arrival places upon the seller the risk of ordinary deterioration, shrinkage and the like in transportation but has no effect on the place or time of identification to the contract for sale or delivery or on the passing of the risk of loss.
3. Unless otherwise agreed where the contract provides for payment on or after arrival of the goods the seller must before payment allow such preliminary inspection as is feasible; but if the goods are lost delivery of the documents and payment are due when the goods should have arrived.
Sec. 2-322. 1. Unless otherwise agreed a term for delivery of goods exship (which means from the carrying vessel) or in equivalent language is not restricted to a particular ship and requires delivery from a ship which has reached a place at the named port of destination where goods of the kind are usually discharged.
2. Under such a term unless otherwise agreed:
(a) The seller must discharge all liens arising out of the carriage and furnish the buyer with a direction which puts the carrier under a duty to deliver the goods; and
(b) The risk of loss does not pass to the buyer until the goods leave the ships tackle or are otherwise properly unloaded.
Sec. 2-323. 1. Where the contract contemplates overseas shipment and contains a term C.I.F. or C. & F. or F.O.B. vessel, the seller unless otherwise agreed must obtain a negotiable bill of lading stating that the goods have been loaded on board or, in the case of a term C.I.F. or C. & F., received for shipment.
2. Where in a case within subsection 1 a bill of lading has been issued in a set of parts, unless otherwise agreed if the documents are not to be sent from abroad the buyer may demand tender of the full set; otherwise only one part of the bill of lading need be tendered. Even if the agreement expressly requires a full set:
(a) Due tender of a single part is acceptable within the provisions of this article on cure of improper delivery (subsection 1 of section 2-508); and
(b) Even though the full set is demanded, if the documents are sent from abroad the person tendering an incomplete set may nevertheless require payment upon furnishing an indemnity which the buyer in good faith deems adequate.
3. A shipment by water or by air or a contract contemplating such shipment is overseas insofar as by usage of trade or agreement it is subject to the commercial, financing or shipping practices characteristic of international deep water commerce.
κ1965 Statutes of Nevada, Page 797 (CHAPTER 353, SB 15)κ
such shipment is overseas insofar as by usage of trade or agreement it is subject to the commercial, financing or shipping practices characteristic of international deep water commerce.
Sec. 2-324. Under a term no arrival, no sale or terms of like meaning, unless otherwise agreed:
1. The seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the non-arrival; and
2. Where without fault of the seller the goods are in part lost or have so deteriorated as no longer to conform to the contract or arrive after the contract time, the buyer may proceed as if there had been casualty to identified goods (section 2-613).
Sec. 2-325. 1. Failure of the buyer seasonably to furnish an agreed letter of credit is a breach of the contract for sale.
2. The delivery to seller of a proper letter of credit suspends the buyers obligation to pay. If the letter of credit is dishonored, the seller may on seasonable notification to the buyer require payment directly from him.
3. Unless otherwise agreed the term letter of credit or bankers credit in a contract for sale means an irrevocable credit issued by a financing agency of good repute and, where the shipment is overseas, of good international repute. The term confirmed credit means that the credit must also carry the direct obligation of such an agency which does business in the sellers financial market.
Sec. 2-326. 1. Unless otherwise agreed, if delivered goods may be returned by the buyer even though they conform to the contract, the transaction is:
(a) A sale on approval if the goods are delivered primarily for use; and
(b) A sale or return if the goods are delivered primarily for resale.
2. Except as provided in subsection 3, goods held on approval are not subject to the claims of the buyers creditors until acceptance; goods held on sale or return are subject to such claims while in the buyers possession.
3. Where goods are delivered to a person for sale and such person maintains a place of business at which he deals in goods of the kind involved, under a name other than the name of the person making delivery, then with respect to claims of creditors of the person conducting the business the goods are deemed to be on sale or return. The provisions of this subsection are applicable even though an agreement purports to reserve title to the person making delivery until payment or resale or uses such words as on consignment or on memorandum. However, this subsection is not applicable if the person making delivery:
(a) Complies with an applicable law providing for a consignors interest or the like to be evidenced by a sign; or
(b) Establishes that the person conducting the business is generally known by his creditors to be substantially engaged in selling the goods of others; or
κ1965 Statutes of Nevada, Page 798 (CHAPTER 353, SB 15)κ
(c) Complies with the filing provisions of the article on secured transactions (article 9).
4. Any or return term of contract for sale is to be treated as a separate contract for sale within the statute of frauds section of this article (section 2-201) and as contradicting the sale aspect of the contract within the provisions of this article on parol or extrinsic evidence (section 2-202).
Sec. 2-327. 1. Under a sale on approval unless otherwise agreed:
(a) Although the goods are identified to the contract the risk of loss and the title do not pass to the buyer until acceptance; and
(b) Use of the goods consistent with the purpose of trial is not acceptance but failure seasonably to notify the seller of election to return the goods is acceptance, and if the goods conform to the contract acceptance of any part is acceptance of the whole; and
(c) After due notification of election to return, the return is at the sellers risk and expense but a merchant buyer must follow any reasonable instructions.
2. Under a sale or return unless otherwise agreed:
(a) The option to return extends to the whole or any commercial unit of the goods while in substantially their original condition, but must be exercised seasonably; and
(b) The return is at the buyers risk and expense.
Sec. 2-328. 1. In a sale by auction if goods are put up in lots each lot is the subject of a separate sale.
2. A sale by auction is complete when the auctioneer so announces by the fall of the hammer or in other customary manner. Where a bid is made while the hammer is falling in acceptance of a prior bid the auctioneer may in his discretion reopen the bidding or declare the goods sold under the bid on which the hammer was falling.
3. Such a sale is with reserve unless the goods are in explicit terms put up without reserve. In an auction with reserve the auctioneer may withdraw the goods at any time until he announces completion of the sale. In an auction without reserve, after the auctioneer calls for bids on an article or lot, that article or lot cannot be withdrawn unless no bid is made within a reasonable time. In either case a bidder may retract his bid until the auctioneers announcement of completion of the sale, but a bidders retraction does not revive any previous bid.
4. If the auctioneer knowingly receives a bid on the sellers behalf or the seller makes or procures such a bid, and notice has not been given that liberty for such bidding is reserved, the buyer may at his option avoid the sale or take the goods at the price of the last good faith bid prior to the completion of the sale. This subsection shall not apply to any bid at a forced sale.
PART 4
TITLE, CREDITORS AND GOOD FAITH PURCHASERS
Sec. 2-401. Each provision of this article with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title.
κ1965 Statutes of Nevada, Page 799 (CHAPTER 353, SB 15)κ
third parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this article and matters concerning title become material the following rules apply:
1. Title to goods cannot pass under a contract for sale prior to their identification to the contract (section 2-501), and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by this chapter. Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the article on secured transactions (article 9), title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties.
2. Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of a security interest by the bill of lading:
(a) If the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but
(b) If the contract requires delivery at destination, title passes on tender there.
3. Unless otherwise explicitly agreed where delivery is to be made without moving the goods:
(a) If the seller is to deliver a document of title, title passes at the time when and the place where he delivers such documents; or
(b) If the goods are at the time of contracting already identified and no documents are to be delivered, title passes at the time and place of contracting.
4. A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller. Such revesting occurs by operation of law and is not a sale.
Sec. 2-402. 1. Except as provided in subsections 2 and 3, rights of unsecured creditors of the seller with respect to goods which have been identified to a contract for sale are subject to the buyers rights to recover the goods under this article (sections 2-502 and 2-716).
2. A creditor of the seller may treat a sale or an identification of goods to a contract for sale as void if as against him a retention of possession by the seller is fraudulent under any rule of law of the state where the goods are situated, except that retention of possession in good faith and current course of trade by a merchant-seller for a commercially reasonable time after a sale or identification is not fraudulent.
3. Nothing in this article shall be deemed to impair the rights of creditors of the seller:
(a) Under the provisions of the article on secured transactions (article 9); or
(b) Where identification to the contract or delivery is made not in current course of trade but in satisfaction of or as security for a preexisting claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this article constitute the transaction a fraudulent transfer or voidable preference.
κ1965 Statutes of Nevada, Page 800 (CHAPTER 353, SB 15)κ
current course of trade but in satisfaction of or as security for a preexisting claim for money, security or the like and is made under circumstances which under any rule of law of the state where the goods are situated would apart from this article constitute the transaction a fraudulent transfer or voidable preference.
Sec. 2-403. 1. A purchaser of goods acquires all title which his transferor had or had power to transfer except that a purchaser of a limited interest acquires rights only to the extent of the interest purchased. A person with voidable title has power to transfer a good title to a good faith purchaser for value. When goods have been delivered under a transaction of purchase the purchaser has such power even though:
(a) The transferor was deceived as to the identity of the purchaser; or
(b) The delivery was in exchange for a check which is later dishonored; or
(c) It was agreed that the transaction was to be a cash sale; or
(d) The delivery was procured through fraud punishable as larcenous under the criminal law.
2. Any entrusting of possession of goods to a merchant who deals in goods of that kind gives him power to transfer all rights of the entruster to a buyer in ordinary course of business.
3. Entrusting includes any delivery and any acquiescence in retention of possession regardless of any condition expressed between the parties to the delivery or acquiescence and regardless of whether the procurement of the entrusting or the possessors disposition of the goods have been such as to be larcenous under the criminal law.
4. The rights of other purchasers of goods and of lien creditors are governed by the articles on secured transactions (article 9), bulk transfers (article 6) and documents of title (article 7).
PART 5
PERFORMANCE
Sec. 2-501. 1. The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are non-conforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs:
(a) When the contract is made if it is for the sale of goods already existing and identified.
(b) If the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers.
(c) When the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn