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κ1964 Statutes of Nevada, 10th Special Session, Page 1κ

 

LAWS OF THE STATE OF NEVADA

Passed at the

SPECIAL SESSION OF THE LEGISLATURE

1964

 

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CHAPTER 1, SB 1

Senate Bill No. 1–Senator McGowan

CHAPTER 1

AN ACT appropriating $130,000 from the general fund in the state treasury to the legislative fund.

 

[Approved January 21, 1964]

 

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 $130,000.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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CHAPTER 2, SB 13

Senate Bill No. 13–Committee on Aviation, Transportation and Highways

CHAPTER 2

AN ACT to amend NRS section 483.410, relating to the amounts, payment and disposition of fees and penalties paid by persons for motor vehicle operators’ and chauffeurs’ licenses, by adjusting the fees to be paid by persons 65 years of age and older; and providing other matters properly relating thereto.

 

[Approved January 28, 1964]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 483.410 is hereby amended to read as follows:

      483.410  1.  For every license issued the following fees shall be charged:

 

Operator’s license for a person under 65 years of age...........................    $3

Operator’s license for a person 65 years of age or older......................       1

Chauffeur’s license for a person under 65 years of age........................       5

Chauffeur’s license for a person 65 years of age or older....................       2

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 2 (Chapter 2, SB 13)κ

 

      2.  For every reinstatement or duplication of a license or change of name or address the following fees shall be charged:

 

Reinstatement of license after suspension, revocation or cancellation        ................................................................................................................. $5

Duplicate license............................................................................................       1

Change of name............................................................................................       1

Change of address.........................................................................................       1

 

      3.  A penalty of $5 shall be paid by each person renewing his license after it has expired for a period of 30 days or more as provided in NRS 483.380.

      4.  All fees and penalties are payable to the administrator at the time a license or a renewal license is issued.

      5.  All money collected by the administrator shall be deposited at least once a month with the state treasurer, who shall deposit the money to the credit of the state highway fund.

      Sec. 2.  This act shall become effective upon passage and approval.

 

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CHAPTER 3, AB 4

Assembly Bill No. 4–Committee on Ways and Means

CHAPTER 3

AN ACT to amend NRS section 532.060, relating to the salary of the state engineer, by increasing the salary of the state engineer retroactively from July 1, 1963.

 

[Approved January 28, 1964]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 532.060 is hereby amended to read as follows:

      532.060  The state engineer shall receive an annual salary of [$12,100.] $13,200.

      Sec. 2.  This act shall become effective upon passage and approval and shall operate retroactively from July 1, 1963.

 

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κ1964 Statutes of Nevada, 10th Special Session, Page 3κ

 

CHAPTER 4, AB 14

Assembly Bill No. 14–Committee on Elections

CHAPTER 4

AN ACT to amend NRS section 293.560, relating to the time when registration closes for primary and general elections, by adding provisions requiring registration offices to remain open during certain hours during the last 5 days before registration closes; to repeal NRS section 293.515, relating to the times for registration of voters; and providing other matters properly relating thereto.

 

[Approved January 28, 1964]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Registration shall close at 9 p. m. of the seventh Saturday preceding any primary election and at 9 p. m. of the sixth Saturday preceding any general election.

      2.  During the last 5 days before registration closes, registration offices shall be open from 9 a. m. to 5 p. m. and from 7 p. m. to 9 p. m., including Saturdays.

      3.  The county clerk of each county shall publish in a newspaper having a general circulation in the county a notice signed by him indicating the day that registration will be closed. If no such newspaper is published in the county, then such publication may be made in a newspaper of general circulation published in the nearest Nevada county.

      [3.] 4.  Such notice shall be published once each week for 4 consecutive weeks next preceding the close of registration for any election.

      [4.] 5.  At least 15 days before the time when the county clerk’s register is closed for any election, the county clerk shall mail to deputy registrars, to be posted in a conspicuous place in each voting precinct outside incorporated cities and in which no newspaper is published, a copy of such notice.

      Sec. 2.  NRS 293.515 is hereby repealed.

      Sec. 3.  This act shall become effective upon passage and approval.

 

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κ1964 Statutes of Nevada, 10th Special Session, Page 4κ

 

CHAPTER 5, SB 9

Senate Bill No. 9–Committee on Judiciary

CHAPTER 5

AN ACT to amend the title of and to amend an act entitled “An Act to amend NRS sections 538.100, 538.150, 538.180, 538.190, 538.210, 538.220, 538.240 to 538.260, inclusive, relating to the Colorado River commission, by changing procedures for payment of claims; by providing that the compensation of legal advisers may be fixed by contract; that power shall not be sold for less than actual cost to the state without determination of the Secretary of the Interior; that revenue from certain sources shall be deposited in the Colorado River commission fund and the Colorado River commission research and development fund created by this act; that the commission is empowered to request installation of water service facilities and electrical generating machinery and equipment; and that revenues may be disbursed to other entities; eliminating approval of disbursement vouchers by the state board of examiners; further limiting the power of the commission concerning contracts with other entities; to repeal NRS section 538.200, relating to the Nevada state power fund; and providing other matters properly relating thereto,” approved April 18, 1963.

 

[Approved January 28, 1964]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act, being chapter 348, Statutes of Nevada 1963, at page 743, is hereby amended to read as follows:

      Section 3.  NRS 538.180 is hereby amended to read as follows:

      538.180  1.  The commission shall hold and administer all rights and benefits pertaining to the distribution of the power and water mentioned in NRS 538.040 to 538.260, inclusive, for the State of Nevada, and is empowered to lease, sublease, let, sublet, contract or sell the same on such terms as the commission shall determine.

      2.  Every applicant for power and water to be used within the State of Nevada shall, before the application is approved, provide an indemnifying bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of such lease, sublease, contract or other agreement.

      3.  The power and water shall not be sold for less than the actual cost to the State of Nevada.

      4.  Before any such sale or lease is made, the same shall be advertised in two papers of general circulation published in the State of Nevada for a period of once a week for 2 weeks; and the commission shall require any person desiring to make objection thereto to file the objection with the secretary of the commission within 10 days after the date of the last publication of the notice. If any objection shall be filed pursuant to such notice then the commission shall set a time and place for a hearing of the objection not more than 30 days after the date of the last publication of the notice.

      5.  Any such lease, sublease, contract or sale, either of the water or power mentioned in NRS 538.040 to 538.260, inclusive, shall not become binding upon the State of Nevada until ratified and approved by the governor.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 5 (Chapter 5, SB 9)κ

 

      Sec. 2.  Section 6 of the above-entitled act, being chapter 348, Statutes of Nevada 1963, at page 744, is hereby amended to read as follows:

      Section 6.  NRS 538.220 is hereby amended to read as follows:

      538.220  1.  Notwithstanding anything in NRS 538.040 to 538.260, inclusive, to the contrary, the commission is authorized to request, on behalf of the State of Nevada, from the Secretary of the Interior of the United States the installation of water service facilities and electrical generating machinery and equipment or water service facilities or electrical generating machinery and equipment as the commission in its discretion may deem necessary or convenient to meet and serve the future water and power demands and requirements of the State of Nevada, and the commission is authorized and directed to negotiate for and obtain and enter into and execute and cause to be executed such contracts, documents and instruments as are appropriate and requisite to carry such requests into effect.

      2.  In the event of the installation of water service facilities, the commission is authorized, under suitable contract or contracts with the Secretary of the Interior of the United States, to accept transfer of the care, operation and maintenance of such water service facilities.

      3.  In the event of the installation of any water service facilities and electrical generating machinery and equipment or water service facilities or electrical generating machinery and equipment pursuant to a request therefor by the commission, the faith and credit of the State of Nevada hereby is and shall be irrevocably pledged for the performance and observance of all covenants, conditions, limitations, promises and undertakings made or specified to be kept, observed or fulfilled on the part of this state, in any contract heretofore or hereafter entered into with the United States of America.

      Sec. 3.  The title of the above-entitled act, being chapter 348, Statutes of Nevada 1963, at page 742, is hereby amended to read as follows:

      An Act to amend NRS sections 538.100, 538.150, 538.180, 538.190, 538.210, 538.220, 538.240 to 538.260, inclusive, relating to the Colorado River commission, by changing procedures for payment of claims; by providing that the compensation of legal advisers may be fixed by contract; by providing for leases, sales and contracts of power and water by the commission and that power and water shall not be sold for less than actual cost to the state without determination of the Secretary of the Interior; that revenue from certain sources shall be deposited in the Colorado River commission fund and the Colorado River commission research and development fund created by this act; that the commission is empowered to request installation of water service facilities and electrical generating machinery and equipment and to accept transfer of the care, operation and maintenance of such water service facilities after installation; and that revenues may be disbursed to other entities; eliminating approval of disbursement vouchers by the state board of examiners; further limiting the power of the commission concerning contracts with other entities; to repeal NRS section 538.200, relating to the Nevada state power fund; and providing other matters properly relating thereto.

      Sec. 4.  This act shall become effective upon passage and approval.

 

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κ1964 Statutes of Nevada, 10th Special Session, Page 6κ

 

CHAPTER 6, AB 6

Assembly Bill No. 6–Committee on Ways and Means

CHAPTER 6

AN ACT to amend the title of and to amend an act entitled “An Act authorizing the issuance and sale of revenue certificates by the board of regents of the University of Nevada for certain specified projects and the use and repayment of the receipts thereof; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for securing such revenue certificates and providing remedies for the holders of such revenue certificates; containing prohibitions against obligating the State of Nevada; and providing other matters properly relating thereto,” approved April 5, 1961.

 

[Approved January 31, 1964]

 

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 282, Statutes of Nevada 1961, at page 464, is hereby amended to read as follows:

      Section 1.  The following terms, wherever used or referred to in this act, have the following meaning unless a different meaning clearly appears in the context:

      1.  “Acquire” or “to acquire” includes to purchase, 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.  “Federal agency” means the United States of America or any agency or instrumentality thereof.

      3.  “Private agency, corporation or individual” means any private corporation, trust company, firm or individual doing business as such.

      4.  “Project” means and includes the buildings, structures and improvements required by the University of Nevada as enumerated in section 2 of this act. “Project” does not mean and include movable furniture and furnishings.

      5.  “Revenue certificate” means certificates with respect to the repayment of any loans or borrowed money, issued by the board of regents pursuant to this act.

      Sec. 2.  Section 2 of the above-entitled act, being chapter 282, Statutes of Nevada 1961, at page 465, is hereby amended to read as follows:

      Section 2.  After the effective date of and in accordance with the provisions of this act, the board of regents of the University of Nevada is authorized, from time to time, to issue and sell revenue certificates of the University of Nevada not to exceed in the aggregate a total of $2,400,000, and to acquire with the proceeds thereof [all or any of the following projects in Reno, Nevada, at costs not exceeding the amounts set forth below opposite the description of the project:

 

Men’s dormitory..................................................................................    $1,200,000

Women’s dormitory............................................................................     1,200,000]

 

a dormitory or dormitories for the University of Nevada in Washoe County, Nevada, at a total cost not to exceed $2,400,000, exclusive of the cost of movable furniture and fixtures.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 7 (Chapter 6, AB 6)κ

 

the cost of movable furniture and fixtures. None of the proceeds derived from the issuance and sale of such revenue certificates shall be expended for the acquisition of movable furniture and furnishings for such dormitory or dormitories.

      Sec. 3.  Section 4 of the above-entitled act, being chapter 282, Statutes of Nevada 1961, at page 465, is hereby amended to read as follows:

      Section 4.  Subject to the limitations and restrictions in this act, the [board of regents] University of Nevada may:

      1.  Have a corporate seal and alter the same at pleasure.

      2.  Sue and be sued.

      3.  Acquire by purchase, gift or the exercise of the right of eminent domain, and hold real or personal property, or rights or interests therein, and water rights.

      4.  Make contracts and execute all instruments necessary or convenient.

      5.  Acquire by contract or contracts or by its own agents and employees, or otherwise than by contract, any project or projects, and operate and maintain such projects.

      6.  Accept grants of money or materials or property of any kind from a federal agency, private agency, corporation or individual, upon such terms and conditions as such federal agency, private agency, corporation or individual may impose.

      7.  Borrow money and issue revenue certificates and provide for the payment of the same and for the rights of the holders thereof, as provided in this act.

      8.  Perform all acts and do all things necessary or convenient to carry out the powers granted in this act; obtain loans or grants, or both, from any federal agency, private agency, corporation or individual, and accomplish the purposes of this act.

      Sec. 4.  Section 8 of the above-entitled act, being chapter 282, Statutes of Nevada 1961, at page 468, is hereby amended to read as follows:

      Section 8.  All moneys, derived from the sale of revenue certificates, or otherwise, borrowed under the provisions of this act, or received as a grant, shall be paid into [the state treasury in] a separate trust account or trust accounts. Such moneys shall be disbursed as may be directed by the board of regents in accordance with the terms of any agreements with the holder of any revenue certificates.

      Sec. 5.  Section 11 of the above-entitled act, being chapter 282, Statutes of Nevada 1961, at page 469, is hereby amended to read as follows:

      Section 11.  All revenue certificates issued pursuant to this act shall be obligations of the [board of regents,] University of Nevada, payable only in accordance with the terms thereof, and shall not be obligations general, special or otherwise, of the State of Nevada. Such revenue certificates shall not be a bond or debt of the State of Nevada, and shall not be enforcible against the state; nor shall payment thereof be enforcible out of any funds of the [board of regents] University of Nevada other than the income and revenue pledged and assigned to, or in trust for the benefit of, the holder or holders of such revenue certificates.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 8 (Chapter 6, AB 6)κ

 

assigned to, or in trust for the benefit of, the holder or holders of such revenue certificates.

      Sec. 6.  The title of the above-entitled act, being chapter 282, Statutes of Nevada 1961, at page 464, is hereby amended to read as follows:

      An Act authorizing the issuance and sale of revenue certificates by the [board of regents of the] University of Nevada for certain specified projects and the use and repayment of the receipts thereof; prohibiting the acquisition of movable furniture and furnishings with the proceeds derived from the issuance and sale of such revenue certificates; defining certain words and terms and additional powers of the board of regents of the University of Nevada; providing for securing such revenue certificates and providing remedies for the holders of such revenue certificates; containing prohibitions against obligating the State of Nevada; and providing other matters properly relating thereto.

      Sec. 7.  If any provision of this act or the application thereof to any person, thing or circumstance is held invalid, such invalidity shall not affect the provisions or application of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 8.  This act shall become effective upon passage and approval.

 

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κ1964 Statutes of Nevada, 10th Special Session, Page 9κ

 

CHAPTER 7, SB 11

Senate Bill No. 11–Committee on Judiciary

CHAPTER 7

AN ACT to amend chapter 34 of NRS, relating to writs, by adding a new section requiring appointment of attorneys for indigent petitioners for writs of habeas corpus, which petitioners are imprisoned pursuant to judgments of conviction of gross misdemeanors or felonies; providing that no fees, costs or charges shall be required of indigent petitioners for writs of habeas corpus, and requiring that necessary transcripts be supplied to such petitioners at public expense; to amend NRS section 7.260, relating to fees and expenses of court-appointed attorneys, by providing for additional fees; to amend an act entitled “An Act to amend chapter 353 of NRS, relating to state financial administration, by adding a new section creating the reserve for statutory contingency fund; providing that such fund shall be administered by the state board of examiners; and specifying the purposes for which the moneys in such fund may be expended; to amend NRS sections 176.610, 178.435, 179.310, 212.040, 212.050, 212.070, 214.040 and 353.120, relating to the payment of costs and expenses of pregnancy investigations of female prisoners sentenced to death, payment of expenses of examination and transportation of county charges, payment of rewards for the apprehension of robbers and escaped prisoners, payment of expenses of recapture and prosecution of escaped prisoners, payment of claims arising in connection with the interstate compact on juveniles, and authorization of refunds by the state board of examiners and payment of the state’s proportion of such refunds, by providing that such costs, expenses, rewards, claims and refunds shall be paid from the reserve for statutory contingency fund; making an appropriation from the general fund in the state treasury to the reserve for statutory contingency fund; and providing other matters properly relating thereto,” approved April 26, 1963; making an appropriation; and providing other matters properly relating thereto.

 

[Approved February 4, 1964]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 7.260 is hereby amended to read as follows:

      7.260  1.  An attorney appointed by a district court to defend a person charged with any offense by indictment or information, or by a district court or the supreme court or a justice thereof to represent an indigent petitioner for a writ of habeas corpus, which petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, is entitled to receive [from the county treasury] a fee to be set at the discretion of the [district judge,] appointing court, judge or justice, but the fee shall not be set at more than $300 unless the crime is punishable by death, in which event the fee shall not be set at more than $1,000. The fee shall be paid from the county treasury, unless the proceeding is based upon a petition for a writ of habeas corpus filed by an indigent petitioner imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, in which case the fee shall be paid from the reserve for statutory contingency fund pursuant to section 1 of chapter 423, Statutes of Nevada 1963.

      2.  If an attorney is called by a court into a county other than the county in which he has his office, he shall be allowed in addition to the fee provided in subsection 1:

      (a) His actual living expenses not to exceed $5 per diem while away from the place in which he has his office and engaged on such case; and

 

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 10 (Chapter 7, SB 11)κ

 

from the place in which he has his office and engaged on such case; and

      (b) Actual and necessary traveling expenses as may be allowed by the court not to exceed 7 1/2 cents per mile traveled.

      3.  Compensation for services and expenses which is a county charge shall be paid by the county treasurer out of any moneys in the county treasury not otherwise appropriated, upon the certificate of the judge of the court that such attorney has performed the services required and incurred the expenses claimed. Compensation for services and expenses which is a state charge shall be paid from the reserve for statutory contingency fund upon approval by the state board of examiners.

      4.  An attorney cannot, in such case, be compelled to follow a case to another county or into the supreme court, and if he does so, he may recover an enlarged compensation to be graduated on a scale corresponding to the sums allowed.

      Sec. 2.  Chapter 34 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  Any prospective petitioner who is an indigent imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony may, by written application addressed to the appropriate court, judge or justice, request:

      (a) The appointment of an attorney to represent him in a habeas corpus proceedings; or

      (b) That he be supplied with a copy of a transcript as specified in this section; or

      (c) That an attorney be appointed to represent him in a habeas corpus proceedings and that he be supplied with a copy of a transcript as specified in this section.

      2.  The application shall be accompanied by the petitioner’s affidavit, which shall state:

      (a) That he is without means of employing an attorney or paying the costs required for a copy of the transcript; and

      (b) Facts with some particularity, definiteness and certainty concerning his financial disability.

      3.  lf, after reading the application and affidavit and conducting such further inquiry as may be deemed necessary, the court, judge or justice finds that the petitioner is without means of employing an attorney or paying the costs required for a copy of the transcript, the court, judge or justice shall:

      (a) Appoint an attorney to represent the petitioner in the habeas corpus proceedings; or

      (b) Within the limitations specified in this section, order that the petitioner be supplied with a copy of the transcript; or

      (c) Appoint an attorney to represent the petitioner in the habeas corpus proceedings and, within the limitations specified in this section, order that the petitioner be supplied with a copy of the transcript.

      4.  No fees, charges or costs of any kind shall be required of any indigent petitioner for a writ of habeas corpus, which petitioner is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 11 (Chapter 7, SB 11)κ

 

      5.  Where a copy of the transcript of habeas corpus proceedings in the district court is necessary to an appeal to the supreme court by an indigent petitioner who is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, a copy of the transcript shall be supplied to the petitioner, and the cost shall be paid from the reserve for statutory contingency fund pursuant to section 1, chapter 423, Statutes of Nevada 1963.

      6.  Where a copy of the transcript of original habeas corpus proceedings in the supreme court is necessary to a review of the supreme court proceedings by the Supreme Court of the United States, a copy of the transcript shall be supplied to an indigent petitioner who is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony, and the cost shall be paid from the reserve for statutory contingency fund pursuant to section 1, chapter 423, Statutes of Nevada 1963.

      7.  When an indigent petitioner who is imprisoned pursuant to a judgment of conviction of a gross misdemeanor or a felony submits a petition for a writ of habeas corpus to the supreme court or a justice thereof or to a district court or a judge thereof, which petition relies upon the violation of rights held by the United States Supreme Court to be granted to the petitioner by the United States Constitution and prays that a copy of the transcript of the proceedings of the original district court trial which resulted in a judgment of conviction and the petitioner’s detention thereunder be provided the petitioner, the court, justice or judge shall, within the limitations hereinafter specified, by order cause a copy of such transcript of proceedings to be supplied to the petitioner. When an appeal is taken to the supreme court from the denial of a writ of habeas corpus by a district court or a judge thereof upon such a petition, the supreme court or a justice thereof shall, within the limitations hereinafter specified, by order cause a copy of such transcript of proceedings to be supplied to the indigent appellant. Any such order entered by the court, justice or judge may provide expressly for the rejection of all or any parts of such transcript of proceedings upon which the petitioner or appellant relies which raise questions of law not going to the jurisdiction of the trial court or not going to the rejection of constitutional rights and which were subject to the remedy of appeal. The cost of supplying such transcript of proceedings shall be paid from the reserve for statutory contingency fund pursuant to section 1 of chapter 423, Statutes of Nevada 1963.

      Sec. 3.  Section 1 of the above-entitled act, being chapter 423, Statutes of Nevada 1963, at page 1110, is hereby amended to read as follows:

      Section 1.  Chapter 353 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 reserve for statutory contingency fund.

      2.  The reserve for statutory contingency fund shall be administered by the state board of examiners, and the moneys in such fund shall be expended only for the payment of claims which are obligations of the state under NRS 7.260, section 2 of this act, and NRS 176.610, 178.435, 179.310, 212.040, 212.050, 212.070, 214.040 and 353.120.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 12 (Chapter 7, SB 11)κ

 

of the state under NRS 7.260, section 2 of this act, and NRS 176.610, 178.435, 179.310, 212.040, 212.050, 212.070, 214.040 and 353.120.

      Sec. 4.  There is hereby appropriated from the general fund in the state treasury the sum of $10,000 to the reserve for statutory contingency fund.

      Sec. 5.  This act shall become effective upon passage and approval.

 

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CHAPTER 8, AB 13

Assembly Bill No. 13–Mr. Jacobsen

CHAPTER 8

AN ACT to amend chapter 309 of NRS, being the Nevada Improvement District Act, by adding new sections concerning general obligation bonds, general, real and personal property tax levies, district purposes and boundary changes; to amend NRS sections 309.030, 309.160, 309.340, 309.350 and 309.360, relating to the organization and powers of local improvement districts, bids and payment for construction work and related matters, by modifying provisions concerning charges of districts and their contracting powers; to repeal NRS sections 309.420 to 309.470, inclusive, relating to the annexation of territory; ratifying proceedings and actions previously taken; and providing details and other matters properly relating thereto.

 

[Approved February 5, 1964]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  NRS 309.030 is hereby amended to read as follows:

      309.030  1.  A majority in number of the holders of title, or evidence of title, to lands which will be benefited by the construction of powerplants and the distribution of electrical energy therefrom or the construction of a sewer system or the construction or acquisition of a water [supply for domestic purposes,] system, may propose the organization of a local improvement district under the terms of this chapter; provided:

      (a) The holders of title or evidence of title hold title or evidence of title to at least one-half of the total area of the land in the proposed local improvement district, and in computing the total area in such proposed local improvement district, the public domain of the United States of America shall be excluded. The holder or holders of a bona fide contract to purchase any land within the proposed district and who have been in actual possession thereof at least 1 year under the terms of such contract and whose names appear upon the next preceding equalized county assessment roll for the payment of taxes on the land shall be deemed the holder or holders of title thereto for all of the purposes of this chapter.

      (b) Any lands situate within the boundaries of any incorporated town, city or irrigation district shall not be subject to the provisions of this chapter.

      2.  The equalized county assessment roll next preceding the presentation of a petition for the organization of a local improvement district shall be sufficient evidence of title for the purpose of this chapter, but other evidence may be received.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 13 (Chapter 8, AB 13)κ

 

but other evidence may be received. The petitioners may determine in the petition whether the proposed district shall be divided into three, five or seven divisions, and whether it shall have three, five or seven directors, but if no number is named in the petition the board of county commissioners may determine whether the number shall be three, five or seven.

      Sec. 2.  Chapter 309 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      Any district heretofore organized or purportedly organized pursuant to chapter 24, Statutes of Nevada 1928, as amended, now cited as chapter 309 of NRS, shall have all of the powers granted by such act as herein amended and as from time to time hereafter amended, notwithstanding that such district was purportedly organized for less than all of the purposes specified in such act, as so amended; but before a district originally organized for less than all of the purposes specified in NRS 309.030 shall be deemed a district organized for any additional purpose or purposes thereunder, there shall be filed with the secretary of the board of directors of the district a petition signed by all of the fee owners of property in the district specifically requesting such extension, whereupon a resolution shall be adopted by the board of directors accepting such petition, declaring the extension of purposes and at the board’s discretion changing the name of the district.

      Sec. 3.  NRS 309.160 is hereby amended to read as follows:

      309.160  [1.  Except as provided in subsection 2, the board of directors or other officers of the district shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this chapter, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void.

      2.] For the purpose of organization, the board of directors (in this chapter sometimes merely designated “the board”) may at any time, with the approval of the irrigation district bond commission, incur an indebtedness not exceeding in the aggregate the sum of $5,000, nor in any event to exceed $1 per acre, and may cause warrants of the district to issue therefor, bearing interest at 6 percent per annum, and the directors shall have the right and power to levy an assessment of not to exceed $1 per acre on all lands in the district for the payment of such expenses. Thereafter, the directors shall have the right and power to levy an assessment, annually, in the absence of assessments therefor under any of the other provisions of this chapter, of not to exceed 20 cents per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses. Such assessments shall be collected as provided in this chapter for the collection of other assessments.

      Sec. 4.  Chapter 309 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 13, inclusive, of this act.

      Sec. 5.  Any district heretofore or hereafter organized pursuant to the provisions of this chapter shall have the power to borrow money as a general obligation of the district, to evidence the same and to apply the proceeds thereof as hereinafter provided in sections 6 to 13, inclusive, of this act.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 14 (Chapter 8, AB 13)κ

 

the proceeds thereof as hereinafter provided in sections 6 to 13, inclusive, of this act. Sections 6 to 13, inclusive, without reference to other parts of this chapter (except as otherwise expressly provided in sections 6 to 13, inclusive), shall constitute full authority for the exercise of the powers therein granted and shall be deemed to constitute a mode of financing and making improvements additional to and separate from all other methods and procedures. Without limiting the generality of the foregoing, such general obligation financing shall take place without adherence to the following provisions: NRS 309.050 to NRS 309.110, inclusive; subsection 3 of NRS 309.130; and NRS 309.170 to NRS 309.330, inclusive.

      Sec. 6.  1.  To carry out the purposes of this chapter, the board is authorized to issue negotiable coupon general obligation bonds of the district.

      2.  General obligation bonds shall:

      (a) Bear interest at a rate not exceeding 6 percent per annum, payable semiannually.

      (b) Be due and payable serially, either annually or semiannually, commencing not later than 3 years and extending not more than 30 years from date.

      (c) Be in such denominations as the board determines and the bonds and coupons thereto attached shall be payable to bearer, or may be registered as to principal or interest, or both.

      (d) Be executed in the name of and on behalf of the district and signed by the president of the board with the seal of the district affixed thereto and attested by the secretary of the board.

      (e) Be issued in one or more series.

      (f) Be payable as to principal, interest and prior redemption premiums, if any, at such place or places within or without the State of Nevada as the board shall determine.

      3.  Interest coupons thereon shall bear the facsimile signature of the president of the board.

      4.  The form and terms of the general obligation bonds, including provisions for their payment and redemption, shall be determined by the board. If the board so determines, such bonds may be redeemable prior to maturity upon payment of a premium, not exceeding 5 percent of the principal thereof.

      Sec. 7.  1.  Whenever any board determines, by resolution, that the interest of the district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, to carry out the objects or purposes hereof, requiring the creation of a general obligation indebtedness of $5,000 or more, the board shall order the submission of the proposition of issuing general obligation bonds to the general taxpaying electors of the district at an election held for that purpose.

      2.  “General taxpaying elector” means a natural person who is qualified to vote at general elections in this state, and who, or whose spouse, owns real or personal property within the district and has paid general taxes thereon within the 12 months preceding such election. A person who is obligated to pay general taxes under a contract to purchase real property within the district shall be considered as an owner within the meaning of this definition.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 15 (Chapter 8, AB 13)κ

 

the meaning of this definition. Registration pursuant to the general election (or any other) statutes is not required. Residence in the county is not required. The election officials may in their discretion require the execution of voter affidavits in determining such qualifications to vote at such bond elections.

      3.  Any such election may be held separately, or may be consolidated or held concurrently with any other election authorized by this chapter.

      4.  There shall be no absentee voting at any such election.

      5.  The declaration of public interest or necessity required by this section and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall:

      (a) Recite the objects and purposes for which such indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be (including interest on such general obligation bonds for not exceeding 12 months from their date and including the total of all estimated expenses incidental to their issuance), the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness.

      (b) Fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of such proposed indebtedness.

      (c) Fix the compensation to be paid the officers of the election, designate the polling place or places and appoint officers of such election.

      Sec. 8.  The board shall prescribe the form of the notice of election, and direct the publication of the same for 3 weeks, the first of the three publications of the notice to be not less than 20 days prior to the election.

      Sec. 9.  At any regular or special meeting of the board held within 5 days following the date of such election, the returns thereof shall be canvassed and the results thereof declared.

      Sec. 10.  1.  If it appears from the returns that a majority of the general taxpaying electors of the district who have voted on any proposition submitted under the provisions of sections 6 to 13, inclusive, at such election voted in favor of such proposition, the district shall thereupon be authorized to issue and sell such general obligation bonds of the district for the purpose or purposes and object or objects provided for in the proposition submitted and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution.

      2.  Submission of the proposition of incurring such general obligation indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.

      Sec. 11.  The provisions of NRS 350.120 to NRS 350.130, inclusive, NRS 350.150 to NRS 350.170, inclusive, and NRS 350.250, concerning bonds issued by counties, cities, towns and other municipal corporations shall be applicable to any general obligation bond issue under sections 6 to 13, inclusive, but in the event of conflict the provisions of sections 6 to 13, inclusive, shall be controlling.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 16 (Chapter 8, AB 13)κ

 

sections 6 to 13, inclusive, but in the event of conflict the provisions of sections 6 to 13, inclusive, shall be controlling.

      Sec. 12.  The general obligation bonds authorized to be issued pursuant to the provisions of this chapter shall be payable from general, ad valorem taxes levied upon all taxable real and personal property in the district, without limitation as to rate or amount, subject to constitutional limitations, and such bonds may in the board’s discretion be additionally secured by a pledge of all or a part of the revenues derived from the operation of facilities of the district, including without limiting the generality of the foregoing, connection fees, use charges and annexation charges.

      Sec. 13.  The board shall have the power in its discretion to enter into contracts and agreements affecting the affairs of the district, with all persons, corporations and private and public entities within and without the State of Nevada, including but not limited to contracts with the United States of America and any of its agencies or instrumentalities and contracts with any municipality or district within and without the state, including but not limited to contracts or agreements for the operation of a common, separately or jointly owned project.

      Sec. 14.  NRS 309.340 is hereby amended to read as follows:

      309.340  1.  After adopting a plan for such works as are proposed, or in conjunction with the issuance of general obligation bonds (but either before or after such issuance), the board of directors shall cause notice to be given by the secretary by publication thereof for not less than 2 weeks in a newspaper published in the county in which the district was organized, and in such other publications or newspapers as it may deem advisable, calling for bids for the construction of such works or any portion thereof. If less than the whole work is advertised, then the portions so advertised must be particularly described in such notice. The notice shall set forth that the plans and specifications can be seen at the office of the board, that the board will receive sealed proposals for the construction of the proposed works, and that a contract therefor will be let to the lowest responsible bidder, subject to the right of the board to reject any and all bids, stating the time and place for opening the bids.

      2.  At the time and place appointed the bids shall be opened in public and as soon as convenient thereafter the board shall accept a bid or bids and a contract for the construction of the works, either in portions or as a whole, or it may reject any and all bids and readvertise for proposals.

      3.  In case of necessity, the board of directors, by unanimous vote of those present at any regular or special meeting, may contract for the construction or repair of any part of the system of works, and may in the ordinary course of business purchase any necessary machinery or materials in such amount in one transaction as will not exceed an amount equal to 5 cents for each acre of land in the district.

      4.  If a contract is not subject to the provisions of chapter 408 of NRS and provides for work exceeding $2,000, any person or persons to whom such contract may be awarded shall furnish to the district a performance bond and a payment bond as provided in NRS 339.025.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 17 (Chapter 8, AB 13)κ

 

The work shall be done under the direction and to the satisfaction of the engineer employed by the district and approved by the board.

      [5.  No contract of any kind shall be let by the board of directors unless there is sufficient money in the district treasury at the time such contract is let to pay fully for the work or material so contracted for, or unless such contract is made payable in bonds of the district.]

      Sec. 15.  NRS 309.350 is hereby amended to read as follows:

      309.350  On the petition of a majority of the electors of the district, the board of directors may do any work mentioned in NRS 309.340 on behalf of the district without calling for bids, and it may use the construction fund or general obligation bond proceeds therefor.

      Sec. 16.  NRS 309.360 is hereby amended to read as follows:

      309.360  1.  The cost and expense of purchasing and acquiring property, and of constructing works to carry out the formulated plan or plans, or for the improvement or supplementing of existing works, except as otherwise provided herein, shall be paid out of the construction fund [.] or general obligation bond proceeds.

      2.  For the purpose of defraying the organization and current expense of the district and 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, the board may fix [rates of tolls or charges,] rates, tolls and charges, including without limiting the foregoing, connection fees, use charges and annexation charges, and provide for the collection thereof by the district treasurer as operation and maintenance, or some like designation, or may levy assessments or general ad valorem taxes therefor, or for a portion thereof, collecting the balance as tolls or charges as aforesaid.

      3.  In addition to the other means for providing revenue for such districts, the board shall have power and authority to levy and collect general (ad valorem) taxes on and against all taxable real and personal property within the district, such levy and collection to be made by the board in conjunction with the county and its officers as set forth in this chapter.

      4.  To levy and collect general taxes, the board shall determine, in each year, the amount of money necessary to be raised by general taxation, taking into consideration other sources of revenue of the district, and shall fix a rate of levy which, when levied upon every dollar of assessed valuation of taxable property within the district, and together with other revenues, will raise the amount required by the district annually to supply funds for paying expenses of organization and the costs of acquiring, operating and maintaining the works and equipment of the district, and promptly to pay in full, when due, all interest on and principal of the general obligation bonds issued pursuant to sections 6 to 13, inclusive, of this act. In the event of accruing defaults or deficiencies, an additional levy may be made as hereinafter provided.

      5.  The board shall certify to the board of county commissioners, at the same time as fixed by law for certifying thereto general tax levies of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying general taxes for county purposes such board of county commissioners shall levy such general tax upon the assessed valuation of all taxable property within the district, in addition to such other general taxes as may be levied by such board of county commissioners at the rate so fixed and determined.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 18 (Chapter 8, AB 13)κ

 

of incorporated cities, the rate so fixed with directions that at the time and in the manner required by law for levying general taxes for county purposes such board of county commissioners shall levy such general tax upon the assessed valuation of all taxable property within the district, in addition to such other general taxes as may be levied by such board of county commissioners at the rate so fixed and determined.

      6.  The board, in certifying annual levies, shall take into account such maturing general obligation bonds for the ensuing year and interest on such bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof.

      7.  In case the moneys produced from such levies, together with other revenues of the district, are not sufficient punctually to pay the annual installments on such general obligation bonds, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of general taxes as may be necessary for such purposes, and, notwithstanding any limitations, such general taxes shall be made and continue to be levied until such general obligation bonds of the district shall be fully paid.

      8.  The body having authority to levy general taxes within each county shall levy the general taxes provided in this chapter.

      9.  All officials charged with the duty of collecting general taxes shall collect such general taxes at the time and in the same form and manner, and with like interest and penalties, as other general taxes are collected and when collected shall pay the same to the district ordering its levy and collection. The payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district.

      10.  All general taxes levied under this chapter, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same, shall constitute, until paid, a perpetual lien on and against the property taxed; and such lien shall be on a parity with the tax lien of other general taxes.

      11.  If the general taxes levied are not paid as provided in this chapter, the property subject to the tax lien shall be sold and the proceeds thereof shall be paid over to the district according to the provisions of the laws applicable to general tax sales and redemptions.

      12.  Whenever any general obligation indebtedness has been incurred by a district, it shall be lawful for the board to levy general taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the general obligations of the district, for maintenance and operating charges and depreciation, and provide extension of and betterments to the improvements of the district.

      Sec. 17.  Chapter 309 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  In exercising powers primarily relating to the fulfillment of water purposes or sewer purposes, or both, districts heretofore or hereafter organized under this chapter shall not be subject to regulation or supervision in any way by the public service commission of Nevada.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 19 (Chapter 8, AB 13)κ

 

      2.  Nothing contained in subsection 1 shall be construed to limit:

      (a) The power of the board of county commissioners or a member thereof granted by the provisions of NRS 309.270; or

      (b) The supremacy of the state board of health in health matters as declared in NRS 439.150.

      Sec. 18.  NRS 309.420 to 309.470, inclusive, are hereby repealed.

      Sec. 19.  Chapter 309 of NRS is hereby amended by adding thereto the provisions set forth as sections 20 to 22, inclusive, of this act.

      Sec. 20.  1.  The boundary of any district organized under the provisions of this chapter may be changed in the manner prescribed in sections 21 and 22, but the change of boundaries of the district shall not impair nor affect its organization, nor shall it affect, impair or discharge any contract, obligation, lien or charge on which it or the property therein might be liable or chargeable had such change of boundaries not been made.

      2.  Property included within or annexed to a district shall be subject to the payment of taxes, assessments and charges, as provided in section 22.  Real property excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of such exclusion, and shall be subject to any outstanding special assessment lien thereon. Personal property may be excluded from a district on such terms and conditions as may be prescribed by the board of the district involved.

      Sec. 21.  1.  A fee owner of real property situate in the district, or the fee owners of any real properties which are contiguous to each other and which constitute a portion of the district may file with the board a petition praying that such lands be excluded and taken from the district.

      2.  Petitions shall:

      (a) Describe the property which the petitioners desire to have excluded.

      (b) Be acknowledged in the same manner and form as required in case of a conveyance of land.

      (c) Be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings.

      3.  The secretary of the board shall cause a notice of filing of such petition to be published, which notice shall:

      (a) State the filing of such petition.

      (b) State the names of the petitioners.

      (c) Describe the property mentioned in the petition.

      (d) State the prayer of the petitioners.

      (e) Notify all persons interested to appear at the office of the board at the time named in the notice, showing cause in writing, if any they have, why the petition should not be granted.

      4.  The board at the time and place mentioned in the notice, or at the times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause why the prayer of the petition should not be granted.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 20 (Chapter 8, AB 13)κ

 

      5.  The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition, or any part thereof.

      6.  The board, if it deems it not for the best interest of the district that the property mentioned in the petition, or portion thereof, be excluded from the district, shall order that the petition be denied in whole or in part, as the case may be.

      7.  If the board deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof be excluded from the district, the board shall order that the petition be granted in whole or in part, as the case may be.

      8.  There shall be no withdrawal from a petition after consideration by the board nor shall further objection be filed except in case of fraud or misrepresentation.

      9.  Upon allowance of such petition, the board shall file for record a certified copy of its order making such change with the county recorder in each county in which any portion of the district is located as provided in NRS 309.060.

      Sec. 22.  The boundaries of a district may be enlarged by the inclusion of additional real property therein in the following manner:

      1.  The fee owner or owners of any real property (contiguous or noncontiguous to the district) capable of being served with facilities of the district may file with the board a petition in writing praying that such property be included in the district.

      2.  The petition shall:

      (a) Set forth an accurate legal description of the property owned by the petitioners.

      (b) State that assent to the inclusion of such property in the district is given by the signers thereto, constituting all the fee owners of such property.

      (c) Be acknowledged in the same manner required for a conveyance of land.

      3.  There shall be no withdrawal from a petition after consideration by the board nor shall further objections be filed except in case of fraud or misrepresentation.

      4.  The board shall hear the petition at an open meeting after publishing the notice of the filing of such petition, and of the place, time and date of such meeting, and the names and addresses of the petitioners. The board shall grant or deny the petition and the action of the board shall be final and conclusive. If the petition is granted as to all or any of the real property therein described, the board shall make an order to that effect, and file the same for record with the county recorder in each county in which the district and such property are located, as provided in NRS 309.060.

      5.  After the date of its inclusion in such district, such property shall be subject to assessments to the extent provided in this chapter. It shall also be subject to all general taxes thereafter imposed by the district and shall be liable for its proportionate share of general obligation bonded indebtedness of the district theretofore or thereafter incurred. Nothing in this section shall prevent an agreement between a board and the owners of property sought to be annexed to or included in a district with respect to the terms and conditions on which such property may be annexed or included.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 21 (Chapter 8, AB 13)κ

 

a board and the owners of property sought to be annexed to or included in a district with respect to the terms and conditions on which such property may be annexed or included.

      Sec. 23.  All proceedings and actions taken under law, or under color of law, preliminary to and in the exercise of any power granted by chapter 309 of NRS, including without limitation the organization of any district, the levy of assessments, and the issuance of bonds by such a district, are hereby validated, ratified, approved and confirmed, notwithstanding any lack of power, authority or otherwise, other than constitutional, of the state, or any public body, or of any commission, board or other governing body, or of any officer thereof, and notwithstanding any defects and irregularities, other than constitutional, in such proceedings and actions.

      Sec. 24.  The adoption of this act shall not be construed to repeal or in any way affect or modify:

      1.  Any substantive or vested right.

      2.  The law authorizing the issuance of any outstanding local improvement district bonds of any district.

      3.  The law pursuant to which special assessments levied by any district have not been paid in full, principal, interest and any penalties.

      4.  The running of the statutes of limitations in force at the time this act becomes effective.

      Sec. 25.  This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.

      Sec. 26.  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. 27.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 9, SB 19

Senate Bill No. 19–Senator Lemaire

CHAPTER 9

AN ACT authorizing Lander County and Lander County School District to exchange certain real property lying in Lander County, Nevada; imposing certain conditions on a portion of the real property to be so conveyed to Lander County; and providing other matters properly relating thereto.

 

[Approved February 5, 1964]

 

      Whereas, Lander County and Lander County School District are the separate owners of certain parcels of real property lying in Lander County, Nevada, and the exchange of such parcels of real property is necessary and for the best interests of the school district, the county and the people; and

      Whereas, The board of county commissioners of Lander County, the board of hospital trustees of the Battle Mountain General Hospital (sometimes called the Lander County General Hospital) and the board of trustees of the Lander County School District have heretofore agreed that such exchange is necessary and proper; now, therefore,

 

 


…………………………………………………………………………………………………………………

κ1964 Statutes of Nevada, 10th Special Session, Page 22 (Chapter 9, SB 19)κ

 

board of hospital trustees of the Battle Mountain General Hospital (sometimes called the Lander County General Hospital) and the board of trustees of the Lander County School District have heretofore agreed that such exchange is necessary and proper; 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 277.050 or any other law:

      1.  The board of county commissioners of Lander County, Nevada, is hereby authorized to convey to the Lander County School District, Nevada, in fee simple in exchange for the real property described in subsection 2, that real property lying in the northeast Ό of the southeast Ό of the northeast Ό, Section 19, Township 32 North, Range 45 East, M.D.B. & M., Lander County, Nevada, together with all improvements thereon and rights appurtenant thereto, more particularly described as follows:

 

       Beginning at the intersection of the street line of Weaver Avenue with the north-south section line of Section 19-20, Township 32 North, Range 45 East, thence 250 feet northerly, thence 410 feet westerly at right angles, thence 250 feet southerly at right angles, thence 410 feet easterly at right angles, to the point of beginning.

 

      2.  The board of trustees of the Lander County School District, Nevada, is hereby authorized to convey to Lander County, Nevada, in fee simple but subject to the conditions hereinafter contained in exchange for the real property described in subsection 1, that real property lying in Lander County, Nevada, together with all improvements thereon and rights appurtenant thereto, described as follows:

      (a) Battle Mountain elementary school building and grounds consisting of Block lettered “P” TBM, without conditions.

      (b) School Tract, Lander County High School No. 2, consisting of the old high school building and the land upon which it is situated, for the use and benefit only of the Battle Mountain General Hospital (sometimes called the Lander County General Hospital).

      Sec. 2.  This act being necessary to secure and preserve the public health, safety, convenience and welfare of the people of Lander County, Nevada, it shall be liberally construed to effect its purpose.

      Sec. 3.  This act shall become effective upon passage and approval.

 

________

 

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 23κ

 

CHAPTER 10, SB 16

Senate Bill No. 16–Committee on Finance

CHAPTER 10

AN ACT providing temporary financial relief for school districts of the State of Nevada; creating the 1964-1965 special state aid school fund in the state treasury and making an appropriation thereto; providing for distributions from such fund to the school districts of this state during the fiscal year 1964-1965; authorizing the state board of education to make necessary regulations; providing for the reduction of the amount of loss of state aid to school districts for the fiscal year 1964-1965 under certain circumstances; to amend NRS section 387.127, relating to the apportionment of the emergency state distributive school fund, by abolishing the emergency state distributive school fund and requiring the transfer of moneys therein to the state distributive school fund; reverting to the general fund in the state treasury the sum of $45,000 appropriated to the emergency state distributive school fund for the fiscal year 1964-1965 by the 1963 general appropriation act; providing for the payment of special quarterly apportionments from the state distributive school fund to financially distressed school districts under certain conditions for various periods, all ending June 30, 1965; providing that certain provisions of this amendatory act shall operate retroactively from July 1, 1963, and that budgets of school districts for the fiscal year 1963-1964 may be amended to reflect receipt of additional moneys pursuant to this act; and providing other matters properly relating thereto.

 

[Approved February 5, 1964]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  1.  There is hereby created in the state treasury the 1964-1965 special state aid school fund consisting of $1,500,000, which sum is hereby appropriated to such fund from the general fund in the state treasury.

      2.  The moneys in the 1964-1965 special state aid school fund shall be distributed to the school districts of this state by the state board of education during the fiscal year beginning July 1, 1964, and ending June 30, 1965, on the same percentage basis as each school district shared in the apportionments of the state distributive school fund made pursuant to law for the fiscal year beginning July 1, 1963, and ending June 30, 1964. Distributions under this subsection shall be payable at the same time as regular apportionments are paid from the state distributive school fund.

      3.  The state board of education is authorized to make regulations necessary to carry out the provisions of this section.

      Sec. 2.  Notwithstanding the provisions of NRS 387.200 or any other law, if the average ratio of assessed valuation to true valuation of property in any county is below the state average as indicated by the Nevada tax commission’s certification to the superintendent of public instruction as required by the provisions of NRS 387.200, the superintendent of public instruction in computing state aid for that county school district as provided in NRS 387.125 for the fiscal year beginning July 1, 1964, and ending June 30, 1965, shall reduce the amount of loss of state aid thus calculated by an actual percentage amount equal to the percentage amount by which the valuation of property certified in the year 1964 by the Nevada tax commission to the superintendent of public instruction exceeded the valuation of property so certified by the Nevada tax commission in the year 1963.

 


…………………………………………………………………………………………………………………

κ1964 Statutes of Nevada, 10th Special Session, Page 24 (Chapter 10, SB 16)κ

 

certified in the year 1964 by the Nevada tax commission to the superintendent of public instruction exceeded the valuation of property so certified by the Nevada tax commission in the year 1963.

      Sec. 3.  NRS 387.127 is hereby amended to read as follows:

      387.127  1.  [Whenever] From July 1, 1963, until July 1, 1965, whenever the state board of education finds that any school district, actually employing 45 or less certified employees and for which there has been levied the maximum local tax of $1.50 for operating costs as authorized by law (and not including any special tax authorized by the provisions of NRS 387.290), and in which school district the county average ratio of assessed valuation of property to true valuation computed pursuant to the provisions of NRS 387.200 is equal to or greater than the state average, cannot meet its budget requirements, the state board of education is authorized to make special quarterly apportionments, not to exceed a sum equal to [$250] $125 multiplied by the number of certified employees actually employed by the school district, from the [emergency] state distributive school fund, payable at the same time as regular apportionments are paid [from the state distributive school fund. The state board of education is authorized to make regulations necessary to carry out the provisions of this subsection.

      2.  There is hereby created in the state treasury the emergency state distributive school fund. Moneys for the emergency state distributive school fund shall be provided by legislative appropriation from the general fund.] , 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.

      2.  On and after July 1, 1964, and until July 1, 1965, 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) 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.

 


…………………………………………………………………………………………………………………

κ1964 Statutes of Nevada, 10th Special Session, Page 25 (Chapter 10, SB 16)κ

 

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.

      Sec. 4.  The emergency state distributive school fund heretofore established by law is hereby abolished. Upon passage and approval of this act the state controller is directed to transfer any moneys remaining in the emergency state distributive school fund to the state distributive school fund. The sum of $45,000 heretofore appropriated to the emergency state distributive school fund for the fiscal year beginning July 1, 1964, and ending June 30, 1965, by the provisions of section 21 of chapter 476, Statutes of Nevada 1963, at page 1336, is hereby reverted to the general fund in the state treasury.

      Sec. 5.  1.  Sections 1 and 2 of this act shall become effective on July 1, 1964. Section 2 of this act shall expire by limitation at 12 p. m. on June 30, 1965.

      2.  Sections 3 and 4 of this act shall become effective upon passage and approval of this act, and section 3 shall operate retroactively from July 1, 1963. Any school district which, on and after July 1, 1963, and prior to the effective date of section 3 of this act, has received special quarterly apportionments pursuant to the provisions of NRS 387.127 as that section read prior to amendment by this act and qualifies for special quarterly apportionments pursuant to the provisions of NRS 387.127 as amended by this act, shall receive a sum of money equal to the difference between the amount so paid and the amount which would have been paid if section 3 of this act had been in effect on July 1, 1963, upon making written application therefor to the state board of education.

      3.  Notwithstanding the provisions of NRS 354.395 or any other law, any school district which receives additional funds pursuant to the provisions of section 3 of this act during the fiscal year ending June 30, 1964, may amend its budget for the fiscal year ending June 30, 1964, without complying with the provisions of NRS 354.395, and the budget so amended may exceed the total amount of the budget initially filed for that fiscal year by the amount anticipated to be received pursuant to the provisions of section 3 of this act.

      4.  Nothing in this act shall be construed to prevent the state board of education from making a final adjustment in August 1965 of the additional apportionments herein authorized when final adjustments of regular apportionments are made pursuant to the provisions of paragraph (d) of subsection 2 of NRS 387.125.

 

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κ1964 Statutes of Nevada, 10th Special Session, Page 26κ

 

CHAPTER 11, SB 18

Senate Bill No. 18–Committee on Finance

CHAPTER 11

AN ACT relating to the development of state parks and outdoor recreation; to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section requiring the state department of conservation and natural resources to prepare and maintain a comprehensive statewide outdoor recreation plan and authorizing the department to represent and act for the state in dealing with the Federal Government for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects; authorizing the department, with the consent of the governor, to acquire by purchase, condemnation proceedings and other methods real and personal property and title to or interests in real and personal property in certain described areas of Washoe and Ormsby Counties, Nevada, and in other counties of the state, which the department deems necessary and proper for the extension, improvement or development of the state park system; providing for certain conditions precedent to acquisition and to the commencement of condemnation proceedings and imposing duties on the director of the state department of conservation and natural resources; creating the state parks and outdoor recreation acquisition and development fund in the state treasury, providing for uses and sources of the fund and making an appropriation thereto; to repeal chapter 491, Statutes of Nevada 1963, entitled “An Act to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section creating the state parks land acquisition fund in the state treasury for the purposes of negotiation for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes, the acquisition of options to purchase and the procurement of appraisals of the value of such real property; delegating powers and duties to the director of the state department of conservation and natural resources after approval by the governor; limiting the use of the state parks land acquisition fund and making an appropriation therefor; and providing other matters properly relating thereto,” approved April 26, 1963; and providing other matters properly relating thereto.

 

[Approved February 5, 1964]

 

The People of the State of Nevada, represented in Senate and Assembly,

do enact as follows:

 

      Section 1.  Chapter 407 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  The state department of conservation and natural resources shall prepare and maintain a comprehensive statewide outdoor recreation plan, which plan shall contain:

      (a) An evaluation of the demand for and supply of outdoor recreation resources and facilities in the state;

      (b) A program for the implementation of the plan; and

      (c) Other necessary information, as may be determined by the director of the state department of conservation and natural resources.

      2.  The plan shall:

      (a) Take into account relevant federal resources and programs; and

      (b) Be correlated so far as practicable with other state, regional and local plans.

      3.  The state department of conservation and natural resources is vested with authority to represent and act for the state in dealing with the Federal Government or any of its agencies, instrumentalities or officers for the purposes of receiving financial assistance for planning, acquisition or development of outdoor recreation projects or combinations thereof pursuant to the provisions of federal law.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 27 (Chapter 11, SB 18)κ

 

acquisition or development of outdoor recreation projects or combinations thereof pursuant to the provisions of federal law.

      4.  The director of the state department of conservation and natural resources has the authority to accept and to administer funds paid by the Federal Government to the State of Nevada as financial assistance for planning, acquisition or development of outdoor recreation projects or combinations thereof, and he shall, on behalf of the state, keep such records as the Federal Government shall prescribe, and as will facilitate an effective audit, including records which fully disclose:

      (a) The amount and the disposition by the state of the proceeds of such assistance;

      (b) The total cost of the project or undertaking in connection with such assistance as given or used; and

      (c) The amount and nature of that portion of the cost of the project or undertaking supplied by other sources.

      5.  Authorized representatives of the Federal Government shall have access for the purpose of audit and examination to any books, documents, papers and records of the state that are pertinent to financial assistance received by the state pursuant to federal law for planning, acquisition or development of outdoor recreation projects or combination thereof.

      Sec. 2.  1.  Notwithstanding the provisions of any other statute, and subject to the limitations contained in this act, the state department of conservation and natural resources, with the consent of the governor, may acquire real and personal property by exchange, lease, gift, grant, devise, purchase or by one or more condemnation proceedings brought in the name of the State of Nevada, and title to or any interest in real and personal property lying within the following described areas of Washoe and Ormsby Counties, Nevada, which the department deems necessary and proper for the extension, improvement or development of the state park system:

 

T. 16 N., R. 18 E.

       Sec. 25, all;

       Sec. 26, NE 1/4, E 1/2 SE 1/4, Lots 2, 3, 4, 5;

       Sec. 35, E 1/2 E 1/2, Lots 1, 2, 3, 4;

       Sec. 36, all.

T. 16 N., R. 19 E.

       Sec. 19, E 1/2, E 1/2 W 1/2;

       Sec. 20, all;

       Sec. 28, SW 1/4, S 1/2 NW 1/4, NW 1/4 NW 1/4;

       Sec. 29, all;

       Sec. 30, all.

T. 15 N., R. 18 E.

       Sec. 1, N 1/2 NE 1/4;

       Sec. 2, NE 1/4 , Lots 1, 2, 3;

       Sec. 12, NW 1/4 SW 1/4;

       Sec. 14, Washoe County, all;

       Sec. 14, Ormsby County, all lying westerly State Route 28;

       Sec. 22, SE 1/4;

       Sec. 23, all lying westerly State Route 28;

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 28 (Chapter 11, SB 18)κ

 

       Sec. 26, all lying westerly State Route 28;

       Sec. 27, E 1/2 E 1/2, Lots 1, 2, 3, 4, 5;

       Sec. 33, Ormsby County, all of Lot 1 of SE 1/4;

       Sec. 34, Ormsby County, all;

       Sec. 35, Ormsby County, all lying westerly State Route 28.

T. 15 N., R. 19 E.

       Sec. 4, N 1/2;

       Sec. 5, N 1/2 NE 1/4, W 1/2;

       Sec. 6, E 1/2, NW 1/4, NE 1/4 SW 1/4;

       Sec. 7, N 1/2 NW 1/4, SE 1/4 NW 1/4.

 

      All range references are to the Mount Diablo Base and Meridian.

      2.  The state department of conservation and natural resources shall not acquire any real or personal property lying within the areas of Washoe and Ormsby Counties, Nevada, described in subsection 1, by exchange, lease, purchase or by condemnation proceedings unless a portion of such real or personal property is contiguous to property owned or leased by the State of Nevada.

      3.  Before acquiring any real or personal property by exchange, lease or purchase, or before commencing a condemnation proceeding for acquisition, the state department of conservation and natural resources shall cause an appraisal to be made by three qualified, disinterested appraisers, at least two of whom shall be members of the American Institute of Real Estate Appraisers, to determine the fair market value of such real or personal property. The department may acquire such real or personal property by exchange, lease or purchase for a price in excess of the fair market value so determined only after the state board of examiners finds, after conducting a public hearing, that such property is an integral part of and essential to the extension, improvement or development of the state park system and that such acquisition is in the best interest of the state. Notice of the public hearing shall be given by one publication in a newspaper printed in and having a general circulation in the county in which the property proposed to be acquired is located at least 20 days prior to the date set for the public hearing and shall contain:

      (a) The legal description of the property to be acquired;

      (b) The amount of the fair market value;

      (c) The price the department proposes to pay for such property; and

      (d) The date, time and place of the public hearing.

      4.  Proceedings for the condemnation of any real or personal property or any interest therein shall be taken under the provisions of chapter 37 of NRS relating to eminent domain, but no such proceedings shall be commenced by the state department of conservation and natural resources after January 1, 1969. Nothing herein contained shall be construed to affect any such proceedings which are pending on January 1, 1969. The department shall not commence any such proceedings unless:

      (a) The provisions of subsection 3 relating to appraisals have been complied with;

      (b) There is in the state parks and outdoor recreation acquisition and development fund an unencumbered balance equal to at least 120 percent of the fair market value of the property to be condemned as established by the required appraisal; and

 

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 29 (Chapter 11, SB 18)κ

 

and development fund an unencumbered balance equal to at least 120 percent of the fair market value of the property to be condemned as established by the required appraisal; and

      (c) The director of the state department of conservation and natural resources has issued a declaration declaring that public interest and necessity require acquisition by the State of Nevada of the property or interest therein, described in the declaration, and that such acquisition is necessary and proper for the extension, improvement or development of the state park system.

      5.  The declaration of the director of the state department of conservation and natural resources shall be prima facie evidence:

      (a) Of the public necessity of such proposed acquisition.

      (b) That such real or personal property or interest therein is necessary therefor.

      (c) That such proposed acquisition is planned or located in a manner which will be most compatible with the greatest public good and the least private injury.

      6.  Nothing in this section shall be construed to limit the department in the exercise of the power of eminent domain herein granted to but one condemnation proceeding, it being the intention of the legislature that one or more such proceedings may, if necessary, be instituted for the acquisition of title to or any interest in real and personal property.

      7.  All legal actions in all courts brought under the provisions of this section to enforce the power of eminent domain shall take precedence over all other causes and actions not involving the public interest, to the end that all such actions, hearings and trials thereon shall be quickly heard and determined.

      Sec. 3.  1.  There is hereby created in the state treasury the state parks and outdoor recreation acquisition and development fund.

      2.  The director of the state department of conservation and natural resources, with the approval of the governor, may expend moneys in the state parks and outdoor recreation acquisition and development fund for the purposes of:

      (a) Preparing and maintaining the comprehensive statewide outdoor recreation plan required by section 1 of this act.

      (b) Acquiring real and personal property lying within the areas of Washoe and Ormsby Counties, Nevada, described in section 2 of this act, for the extension, improvement or development of the state park system.

      (c) Acquiring real and personal property, other than in the areas described in section 2 of this act, within the state, pursuant to the provisions and within the limitations of NRS 407.063, for the extension, improvement or development of the state park system.

      (d) Acquiring options to purchase the property described in paragraph (b) of this subsection.

      (e) Procuring appraisals of the value of the property described in paragraph (b) of this subsection.

      (f) Employing necessary professional and clerical personnel to effect the purposes of this act.

 


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κ1964 Statutes of Nevada, 10th Special Session, Page 30 (Chapter 11, SB 18)κ

 

      (g) Paying necessary travel expenses and per diem allowances incurred in carrying out the provisions of this act.

      (h) Paying the state’s share of the cost of planning, acquisition or development projects undertaken by this state when such payments are a condition precedent to the receipt of financial assistance from the Federal Government pursuant to federal law or regulation.

      3.  The state parks and outdoor recreation acquisition and development fund shall be composed of:

      (a) Moneys appropriated thereto by statute.

      (b) Gifts and grants of money from individuals, corporations, foundations, associations or trusts, which gifts and grants the director of the state department of conservation and natural resources is authorized to accept on behalf of the state.

      (c) If not inconsistent with federal law or regulation, financial assistance received by the state from the Federal Government for planning, acquisition or development of outdoor recreation projects or combinations thereof pursuant to the provisions of federal law or regulation.

      Sec. 4.  There is hereby appropriated to the state parks and outdoor recreation acquisition and development fund from the general fund in the state treasury the sum of $1,600,000, of which sum $1,500,000 shall be expended only for the acquisition by purchase, lease and judgments in condemnations proceedings of real and personal property lying within the areas of Washoe and Ormsby Counties, Nevada, described in section 2 of this act, for the extension, improvement or development of the state park system, it being the express intention of the legislature that preliminary and other costs incurred in planning and acquisition, including without limitation court costs, consideration paid for options, appraisal costs, salaries and travel expenses, shall be paid from the moneys herein appropriated other than from the sum of $1,500,000 expressly appropriated and herein reserved for acquisition of such property itself.

      Sec. 5.  1.  Chapter 481, Statutes of Nevada 1963, at page 1390, entitled “An Act to amend chapter 407 of NRS, relating to state parks and monuments, by adding a new section creating the state parks land acquisition fund in the state treasury for the purposes of negotiation for the purchase of real property on and near Lake Tahoe in the State of Nevada for state park purposes, the acquisition of options to purchase and the procurement of appraisals of the value of such real property; delegating powers and duties to the director of the state department of conservation and natural resources after approval by the governor; limiting the use of the state parks land acquisition fund and making an appropriation therefor; and providing other matters properly relating thereto,” approved April 26, 1963, is hereby repealed.

      2.  The state parks land acquisition fund is hereby abolished and after the effective date of this act and upon certification received from the director of the budget that all claims against such fund have been paid, the state controller shall transfer the remaining balance of such fund to the general fund.

      Sec. 6.  This act being necessary to secure and preserve the public convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purposes.

 


…………………………………………………………………………………………………………………

κ1964 Statutes of Nevada, 10th Special Session, Page 31 (Chapter 11, SB 18)κ

 

convenience and welfare of the people of the State of Nevada, it shall be liberally construed to effect its purposes.

      Sec. 7.  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. 8.  This act shall become effective upon passage and approval.

 

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