[Rev. 10/26/2015 11:44:40 AM]

LAWS OF THE STATE OF NEVADA

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κ1966 Statutes of Nevada, 12th Special Session, Page 1κ

 

LAWS OF THE STATE OF NEVADA

Passed at the

SPECIAL SESSION OF THE LEGISLATURE

1966

 

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CHAPTER 1, SB 10

Senate Bill No. 10–Committee on Agriculture and Irrigation

CHAPTER 1

AN ACT to amend NRS section 321.335, relating to sales of state lands, by exempting lands of agricultural associations and certain sales by the Colorado River commission from the requirement of sale by state land register.

 

[Approved May 20, 1966]

 

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

do enact as follows:

 

      Section 1.  NRS 321.335 is hereby amended to read as follows:

      321.335  1.  Notwithstanding any other provision of law, except NRS 321.450 [,] and 321.510, after April 1, 1957, all sales of any lands to which the State of Nevada or any department, agency or institution thereof has title, except the department of highways [,] and agricultural associations organized pursuant to chapter 547 of NRS, including lands theretofore subject to contracts of sale which have been forfeited, shall be governed by the provisions of this section.

      2.  Whenever the state land register deems it to be in the best interests of the State of Nevada that any lands owned by the state and not used or set apart for public purposes be sold, he may cause the same to be sold at public auction or upon sealed bids, for cash or pursuant to contract of sale, as hereinafter provided, at a price not less than the appraised value thereof and in no event at less than $3 per acre, plus the costs of appraisal and publication of notice of sale.

      3.  Before offering any such land for sale, the state land register shall cause the same to be appraised by a competent appraiser.

      4.  After receipt of the report of the appraiser, the state land register shall cause a notice of sale to be published once a week for 4 consecutive weeks in a newspaper of general circulation published in the county where the land to be sold is situated, and in such other newspapers as he may deem appropriate. If there is no newspaper published in the county where the land to be sold is situated the notice shall be so published in some newspaper published in this state having a general circulation in the county where the land is situated.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 2 (Chapter 1, SB 10)κ

 

      5.  Such notice shall contain:

      (a) A description of the land to be sold;

      (b) A statement of the terms of sale;

      (c) A statement of whether the land will be sold at public auction or upon sealed bids to the highest bidder; and

      (d) If the sale is to be at public auction, the time and place of sale; or

      (e) If the sale is to be upon sealed bids, the place where such bids will be accepted, the first and last days on which the same will be accepted, and the time and place such bids will be opened.

      6.  The state land register may reject any bid or offer to purchase if he deems such bid or offer to be:

      (a) Contrary to the public interest.

      (b) For a lesser amount than is reasonable for the land involved.

      (c) On lands which it may be more beneficial for the state to reserve.

      (d) On lands which are requested by the State of Nevada or any department, agency or institution thereof.

      7.  Upon acceptance of any bid or offer and payment to the state land register in accordance with the terms of sale specified in the notice of sale, the state land register shall cause a patent to be issued as provided in NRS 321.310 to 321.330, inclusive, or enter into a contract of sale as provided in NRS 321.240 to 321.300, inclusive, as appropriate; but every such contract shall require that the remainder of the purchase price be paid within 25 years from the date of the contract and that such contract shall immediately be declared forfeited if any installment of principal or interest remains unpaid for a period of 6 months after the same was due and payable pursuant to the contract.

      8.  Nothing in this section shall apply to or affect any pending contract or application for the purchase of land from the State of Nevada, whether title thereto is in the state or the state is in the process of acquiring title thereto under any method of exchange or selection between the state and the United States or any department or agency thereof.

      9.  A revolving fund in the sum of $1,000, to be known as the state land register appraisal and publication revolving fund, is hereby created to be used by the state land register in paying, in the manner provided by law, the necessary expenses incurred in carrying out the provisions of subsection 2. Any person requesting that state land be sold under provisions of this section shall deposit an amount of money sufficient to pay the costs of the state land register in processing the application, including publication costs and appraisal expenses. This deposit shall be refunded whenever the person making the deposit is not the successful bidder and the costs of processing the application, including publication and appraisal expenses, shall be borne by the successful bidder.

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

 

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κ1966 Statutes of Nevada, 12th Special Session, Page 3κ

 

CHAPTER 2, SB 4

Senate Bill No. 4–Committee on Finance

CHAPTER 2

AN ACT appropriating money from the general fund in the state treasury to the buildings and grounds division of the department of administration for the purpose of paying claims of the City of Carson City, Nevada, for sewer services provided the State of Nevada; and providing other matters properly relating thereto.

 

[Approved May 23, 1966]

 

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

do enact as follows:

 

      Section 1.  The sum of $10,883.49 is hereby appropriated from the general fund in the state treasury to the buildings and grounds division of the department of administration for the purpose of paying claims of the City of Carson City, Nevada, for sewer services provided the State of Nevada during the years 1961 to 1965, inclusive.

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

 

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CHAPTER 3, SB 1

Senate Bill No. 1–Committee on Finance

CHAPTER 3

AN ACT to amend an act entitled “An Act making appropriations from the general fund, the state highway fund, the county gas tax fund and the fish and game fund for the support of the civil government of the State of Nevada for the fiscal years beginning July 1, 1965, and ending June 30, 1966, and beginning July 1, 1966, and ending June 30, 1967; and providing other matters properly relating thereto,” approved April 13, 1965.

 

[Approved May 23, 1966]

 

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

do enact as follows:

 

      Section 1.  Section 49 of the above-entitled act, being chapter 489, Statutes of Nevada 1965, at pages 1313 and 1314, is hereby amended to read as follows:

      Section 49.  1.  Notwithstanding any other provisions of this act, the moneys appropriated by:

      (a) Section 12 of this act to the preplanning fund of the state planning board;

      (b) Section 20 of this act to the state distributive school fund and to public school teachers’ retirement; [and

      (c)]

      (c) Section 25 of this act in the amount of $151,735 to the University of Nevada for the purchase of dormitory furniture; and

      (d) Section 45 of this act to the consolidated bond interest and redemption fund,

shall be available for both fiscal years, 1965-1966 and 1966-1967, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 4 (Chapter 3, SB 1)κ

 

of the governor upon the recommendation of the chief of the budget division of the department of administration.

      2.  The moneys appropriated in section 37 to the division of state parks of the state department of conservation and natural resources for capital improvements shall be expended only at Genoa Fort Monument, Fort Churchill Monument, Cathedral Gorge State Park, Kershaw Canyon-Ryan State Park, Beaver Dam State Park, Boulder Dam-Valley of Fire State Park and Sand Harbor recreational facilities.

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

 

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CHAPTER 4, SB 8

Senate Bill No. 8–Committee on Taxation

CHAPTER 4

AN ACT to amend NRS section 361.090, relating to the exemption of veterans from tax on certain property, by adding veterans of the Viet Nam war; and providing other matters properly relating thereto.

 

[Approved May 24, 1966]

 

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

do enact as follows:

 

      Section 1.  NRS 361.090 is hereby amended to read as follows:

      361.090  1.  The property, to the extent of $1,000 assessed valuation, of any actual bona fide resident of the State of Nevada who: [was]

      (a) Was such a resident for a period of more than 3 years before December 31, 1963, or who was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and January 31, 1955 [,] ; or

      (b) Was such a resident at the time of his or her entry into the Armed Forces of the United States, who has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and whatever date may be proclaimed by the President of the United States as the termination of hostilities in Viet Nam,

and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, shall be exempt from taxation.

      2.  For the purpose of this section the first $1,000 assessed valuation of property in which such person has any interest shall be deemed the property of such person.

      3.  The exemption shall be allowed only to a claimant who shall make an affidavit annually, on or before the 1st Monday in August, for the purpose of being exempt on the tax roll, but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 5 (Chapter 4, SB 8)κ

 

for the purpose of being exempt on the tax roll, but the affidavit may be made at any time by a person claiming exemption from taxation on personal property.

      4.  The affidavit shall be made before the county assessor to the effect that the affiant is an actual bona fide resident of the State of Nevada, that he or she meets all the other requirements of subsection 1, and that such exemption is claimed in no other county within this state.

      5.  Persons in actual military service shall be exempt during the period for such service from filing annual affidavits of exemption and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be made in his or her behalf during the period of such service by any person having knowledge of the facts.

      6.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the county assessor of each of the several counties of this state shall require proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

      7.  If any person shall make a false affidavit or produce false proof to the county assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, he or she shall be punished by a fine not exceeding $1,000 or by imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.

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

 

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κ1966 Statutes of Nevada, 12th Special Session, Page 6κ

 

CHAPTER 5, AB 2

Assembly Bill No. 2–Committee on State, County and City Affairs

CHAPTER 5

AN ACT to amend an act entitled “An Act to reorganize and reincorporate the City of Henderson, a municipal corporation, in Clark County, Nevada; providing definitions of words and terms and for such reorganization and reincorporation; defining the boundaries of the city and providing for wards and annexation of additional territory; granting general and specific powers to the city; providing for the offices of mayor, councilmen, city manager, city clerk, city treasurer, city auditor, city assessor, city attorney and police judge, and specifying the powers, duties and compensation of such officers; creating departments and other officers within the municipal government and defining their powers and duties; providing for revenue, finances, municipal bonds and franchises, local improvements, elections, a civil service system; providing general and transitional provisions and for the imposition of fines and penalties; repealing certain acts; and providing other matters properly relating thereto,” approved March 30, 1965, as amended.

 

[Approved May 24, 1966]

 

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

do enact as follows:

 

      Section 1.  Section 6 of Article III of the above-entitled act, being chapter 240, Statutes of Nevada 1965, as amended by chapter 487, Statutes of Nevada 1965, at pages 1298 to 1301, inclusive, is hereby amended to read as follows:

      Section 6.  Boundaries.  The boundaries of the city shall include all the inhabitants, lands, tenements and property embraced within the following-described property within Clark County, Nevada:

      1.  Beginning at the northeast corner of section 4, T. 22 S., R. 63 E., M.D.B. & M., thence S. 0°09′ W., 5,516.28 feet to the northeast corner of section 9, T. 22 S., R. 63 E., thence S. 0°09′ W., 5,280.00 feet to the northeast corner of section 16, T. 22 S., R. 63 E.; thence S. 0°09′ W., 5,280.00 feet to the northeast corner of section 21, T. 22 S., R. 63 E.; thence S. 0°09′ W., 5,280.00 feet to the northeast corner of section 28, T. 22 S., R. 63 E.; thence S. 0°09′ W., 5,280.00 feet to the northeast corner of section 33, T. 22 S., R. 63 E.; thence S. 0°09′ W., 5,280.00 feet to the southeast corner of section 33; thence S. 89°49′ W., 5,280.00 feet to the southeast corner of section 32, T. 22 S., R. 63 E.; thence S. 89°49′ W., 5,280.00 feet to the southeast corner of section 31, T. 22 S., R. 63 E.; thence S. 89°49′ W., 5,214.00 feet to the southwest corner of section 31, T. 22 S., R. 63 E.; thence N. 0°21′ E., 5,320.26 feet to the southwest corner of section 30, T. 22 S., R. 63 E.; thence N. 0°21′ E., 5,320.26 feet to the southeast corner of section 24, T. 22 S., R. 62 E., M.D.B. & M.; thence N. 89°30′ W., 5,278.68 feet to the southeast corner of section 23, T. 22 S., R. 62 E.; thence S. 89°41′ W., 5,247.00 feet to the southeast corner of section 22, T. 22 S., R. 62 E.; thence S. 89°58′ W., 5,254.26 feet to the southeast corner of section 21, T. 22 S., R. 62 E.; thence S. 89°40′ W., 5,280.66 feet to the southwest corner of section 21, T. 22 S., R. 62 E., thence N. 0°50′ E., 5,238.42 feet to the northwest corner of section 21, T. 22 S., R. 62 E.; thence N. 89°21′ E., 5,250.30 feet to the northwest corner of section 22, T. 22 S., R. 62 E.; thence N. 89°40′ E., 5,243.04 feet to the northwest corner of section 23, T.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 7 (Chapter 5, AB 2)κ

 

23, T. 22 S., R. 62 E.; thence N. 89°23′ E., 5,252.94 feet to the northwest corner of section 24, T. 22 S., R. 62 E.; thence S. 89°32′40″ E., 2,627.46 feet to the south quarter section corner of section 13, T. 22 S., R. 62 E.; thence N. 0°05′03″ E., and along the west line of the southeast quarter of section 13, T. 22 S., R. 62 E., 2,880.74 feet to a point on the north right-of-way line of Nevada State Highway Route 41 (also known as Lake Mead Drive), thence N. 81°08′23″ E. and along the right-of-way line, 4,507.06 feet to a point; thence N. 8°51′37″ W., 2,871.92 feet to a point on the southwesterly right-of-way line of U.S. Highway Nos. 93, 95, 466; thence N. 42°23′28″ W. and along the southwesterly right-of-way line, 1,993.26 feet to an angle point; thence N. 0°34′30″ E. and along such right-of-way line, 147.11 feet to an angle point; thence N. 42°23′28″ W. along the southwesterly right-of-way line 1,649.01 feet to a point on the south line of the northeast quarter of the northeast quarter of section 12, T. 22 S., R. 62 E.; thence N. 89°03′38″ W., 1,491.60 feet to the southwest corner of the northwest quarter of the northeast quarter of section 12, T. 22 S., R. 62 E.; thence N. 0°53′32″ W., 1,317.22 feet to the northwest corner of the northwest quarter of the northeast quarter of section 12; thence N. 89°31′45″ W., 1,269.30 feet to the southeast corner of the southwest quarter of the southwest quarter of section 1, T. 22 S., R. 62 E.; thence N. 0°47′53″ W., 1,315.78 feet to the northeast corner of the southwest quarter of the southwest quarter of section 1, T. 22 S., R. 62 E.; thence N. 89°36′55″ W., 1,280.10 feet to the northwest corner of the southwest quarter of the southwest quarter of section 1, T. 22 S., R. 62 E.; thence S. 1°16′15″ W., 1,314.14 feet to the southwest corner of section 1, T. 22 S., R. 62 E.; thence S. 89°19′45″ W., 2,588.40 feet to the north quarter corner of section 11, T. 22 S., R. 62 E.; thence S. 89°22′15″ W., 2,581.00 feet to the northwest corner of section 11, T. 22 S., R. 62 E.; thence S. 89°14′30″ W., 5,190.95 feet to the northwest corner of section 10, T. 22 S., R. 62 E.; thence N. 89°56′ W., 5,283.96 feet to the southwest corner of section 4, T. 22 S., R. 62 E.; thence S. 0°01′ W., 2,662.44 feet to the east quarter section corner of section 8, T. 22 S., R. 62 E.; thence N. 88°41′ W., 1,354.08 feet to the northwest corner of the northeast quarter of the southeast quarter of section 8; thence S. 0°23′ E., 1,344.05 feet to the southeast corner of the northwest quarter of the southeast quarter of section 8; thence N. 88°24′ W., 4,042.54 feet to the southeast corner of the northeast quarter of the southeast quarter of section 7, T. 22 S., R. 62 E.; thence N. 88°11′ W., 5,312.18 feet to the southeast corner of the northeast quarter of the southeast quarter of section 12, T. 22 S., R. 61 E., M.D.B. & M.; thence S. 89°56′ W., 5,251.43 feet to the southwest corner of the northwest quarter of the southwest quarter of section 12; thence N. 1°53′ E., 1,346.40 feet to the west quarter section corner of section 12; thence S. 89°57′ E., 5,206.41 feet to the east quarter section corner of section 12; thence N. 0°22′ W., 2,670.00 feet to the southwest corner of section 6, T. 22 S., R. 62 E., M.D.B. & M.; thence N. 1°38′ W., 1,324.62 feet to the northwest corner of the southwest quarter of the southwest quarter of section 6; thence S. 87°27′ E., 1,310.35 feet to the southeast corner of the northwest quarter of the southwest quarter of section 6; thence N. 1°04′ W., 1,323.55 feet to the northwest corner of the northeast quarter of the southwest quarter of section 6; thence S.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 8 (Chapter 5, AB 2)κ

 

of the northeast quarter of the southwest quarter of section 6; thence S. 87°23′ E., 1,346.07 feet to the center of section 6; thence N. 1°08′ W., 1,322.31 feet to the northeast corner of the southeast quarter of the northwest quarter of section 6; thence S. 87°19′ E., 1,372.64 feet to the southwest corner of the northeast quarter of the northeast quarter of section 6; thence N. 0°04′ E., 1,304.32 feet to the northwest corner of the northeast quarter of the northeast quarter of section 6; thence S. 87°15′ E., 1,393.26 feet to the northwest corner of section 5, T. 22 S., R. 62 E.; thence N. 89°39′ E., 2,671.68 feet to the north quarter section corner of section 5; thence S. 89°57′ E., 2,703.36 feet to the northwest corner of section 4, T. 22 S., R. 62 E.; thence N. 89°42′ E., 2,670.36 feet to the north quarter section corner of section 4, thence N. 0°06′ W., 1,347.23 feet to the northwest corner of the southwest quarter of the southeast quarter of section 33, T. 21 S., R. 62 E., M.D.B. & M.; thence S. 89°44′ E., 1,339.47 feet to the northeast corner of the southwest quarter of the southeast quarter of section 33; thence S. 0°01′ E., 1,358.86 feet to the northwest corner of the northeast quarter of the northeast quarter of section 4, T. 22 S., R. 62 E.; thence S. 89°42′ E., 1,348.05 feet to the southwest corner of section 34, T. 21 S., R. 62 E., M.D.B. & M.; thence S. 89°50′ E., 2,714.58 feet to the north quarter corner of section 3, T. 22 S., R. 62 E.; thence N. 89°33′ E., 2,406.36 feet to the northwest corner of section 2, T. 22 S., R. 62 E.; thence N. 89°33′ E., 2,406.36 feet to the north quarter section corner of section 2; thence S. 89°58′ E., 2,603.04 feet to the northwest corner of section 1, T. 22 S., R. 62 E.; thence N. 89°58′ E., 5,376.36 feet to the northeast corner of section 1, thence S. 0°19′ W., 2,653.86 feet to the east quarter section corner of section 1, thence S. 0°43′ W., 2,777.94 feet to the northwest corner of section 7, T. 22 S., R. 63 E., M.D.B. & M.; thence S. 0°33′ W., 1,320.33 feet to the northwest corner of the southwest quarter of the northwest quarter of section 7, T. 22 S., R. 63 E., M.D.B. & M.; thence N. 89°49′ E., 5,108.40 feet to the northwest corner of the southwest quarter of the northwest quarter of section 8, T. 22 S., R. 63 E.; thence N. 0°08′ E., 2,640.00 feet to the northwest corner of the southwest quarter of the southwest quarter of section 5, T. 22 S., R. 63 E.; thence N. 89°55′ E., 3,249.36 feet to a point on the westerly right-of-way line of Nevada State Highway No. 41 (also known as Lake Mead Drive), thence N. 28°50′ E., along such right-of-way line a distance of 1,484.51 feet to a point; thence N. 0°08′ E., 22.14 feet to the northwest corner of the northeast quarter of the southeast quarter of section 5; thence N. 0°08′ E., 2,717.22 feet to the northwest corner of the northeast quarter of the northeast quarter of section 5; thence East, 1,321.65 feet to the northwest corner of section 4, T. 22 S., R. 63 E.; thence N. 89°42′ E., 2,636.70 feet to the north quarter section corner of section 4; thence N. 88°07′ E., 2,639.12 feet to the point of beginning.

      2.  The S 1/2 and the NW 1/4, all in section 33, T. 21 S., R. 63 E., M.D.B. & M., heretofore annexed to the city and particularly described in Ordinance No. 356 of the city of Henderson, enacted on February 1, 1965.

      3.  All of sections 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32 and 33, all in T. 22 S., R. [63] 62 E., M.D.B. & M.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 9 (Chapter 5, AB 2)κ

 

      4.  All of sections 25, 35 and 36 in T. 22 S., R. 61 E., M.D.B. & M.

      5.  All of sections 1, 2 and 3 in T. 23 S., R. 61 E., M.D.B. & M.

      6.  All of section 32 and the southwest quarter of the northeast quarter, the south half of the southeast quarter of the northeast quarter, the west half of the northwest quarter of the northeast quarter, section 33, T. 21 S., R. 63 E., M.D.B. & M.

      7.  The southwest quarter, the west half of the southeast quarter, the southeast quarter of the southeast quarter, the south half of the northwest quarter, section 34, T. 21 S., R. 62 E., M.D.B. & M.

      Sec. 2.  Section 209 of Article XX of the above-entitled act, being chapter 240, Statutes of Nevada 1965, at page 497, is hereby amended to read as follows:

      Section 209.  Assessment for street intersections.

      1.  The cost of improvements in street intersections may be segregated.

      2.  Such cost, except the share assessable to street or other railway companies, may be assessed upon all frontage of the street improved (excluding an alley) and on intersecting streets within a distance of one-half block in each direction from such intersections, in proportion to the frontage of each lot or tract on the street improved (excluding an alley) or on an intersecting street, or on both within such distance.

      3.  The cost of the improvement of an alley intersection may be assessed upon the assessable property in the same block extending to the nearest street intersection and half the length of the block along its sides. However where the sides of blocks are of unequal length, the council may determine the limit of assessment.

      4.  In the alternative, the cost of improving street intersections (including alley intersections) may be treated as one of the costs of any project without separately segregating such intersection cost. In such case the total cost of any project shall be assessed as provided in subsections 1, 2 and 3 of [this section 209] section 201 upon the basis determined without any separate assessment for intersection costs.

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

 

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CHAPTER 6, AB 3

Assembly Bill No. 3–Committee on State, County and City Affairs

CHAPTER 6

AN ACT to amend an act entitled “An Act to incorporate the city of North Las Vegas in Clark county, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto,” approved March 27, 1953, as amended.

 

[Approved May 24, 1966]

 

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

do enact as follows:

 

      Section 1.  Section 78 of chapter III of the above-entitled act, being chapter 283, Statutes of Nevada 1953, as added by chapter 447, Statutes of Nevada 1963, at page 1256, is hereby amended to read as follows:

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 10 (Chapter 6, AB 3)κ

 

      Section 78.  Assessment for Street Intersections.  1.  The cost of improvements in street intersections may be segregated.

      2.  Such cost, except the share assessable to street or other railway companies, may be assessed upon all frontage of the street improved (excluding an alley) and on the intersecting streets within a distance of one-half block in each direction from such intersections, in proportion to the frontage of each lot or tract on the street improved (excluding an alley) or on an intersecting street, or on both within such distance.

      3.  The cost of the improvement of an alley intersection may be assessed upon the assessable property in the same block extending to the nearest street intersection and half the length of the block along its sides. However, where the sides of blocks are of unequal length, the city council may determine the limit of assessment.

      4.  In the alternative, the cost of improving street intersections (including alley intersections) may be treated as one of the costs of any project without separately segregating such intersection cost. In such case the total cost of any project shall be assessed as provided in subsections 1, 2 and 3 of [this section 78] section 70 upon the basis determined without any separate assessment for intersection costs.

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

 

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CHAPTER 7, AB 20

Assembly Bill No. 20–Committee on Ways and Means

CHAPTER 7

AN ACT authorizing the issuance and sale of revenue certificates by the University of Nevada for certain specified projects at Nevada Southern University, the regional branch of the University of Nevada in Clark County, Nevada, 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.

 

[Approved May 27, 1966]

 

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

do enact 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.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 11 (Chapter 7, AB 20)κ

 

      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 for Nevada Southern University, the regional branch of the University of Nevada in Clark County, 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.  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 $1,500,000, and to acquire with the proceeds thereof a dormitory or dormitories for Nevada Southern University, the regional branch of the University of Nevada in Clark County, Nevada, at a total cost not to exceed $1,500,000, exclusive of 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.  Upon the request of the board of regents, all phases of the planning, design, construction and equipment of any project provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.

      Sec. 4.  Subject to the limitations and restrictions in this act, the 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 of 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.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 12 (Chapter 7, AB 20)κ

 

      Sec. 5.  1.  Revenue certificates issued under the provisions of this act shall be authorized by resolution of the board of regents.

      2.  The revenue certificates shall bear interest at such rate or rates not exceeding 5 percent per annum, payable semiannually; may be issued in one or more series; may bear such date or dates; may be in such denomination or denominations; may mature at such time or times, not exceeding 40 years from their respective dates; may be in such denomination or denominations; may mature at such time or times, not exceeding 40 years from their respective dates; may be in such form, either coupon or registered; may carry such registration privileges; may be executed in such manner; may be payable in such medium of payment, at such place or places; may be subject to such terms of redemptions, with or without premiums; may contain such terms, covenants and conditions; and may be declared or become due before the maturity date thereof, as such resolution or other resolutions may provide.

      3.  The revenue certificates may be sold at public or private sale at not less than par.

      4.  Pending the preparation of the definitive certificates, interim receipts or certificates, in such form and with such provisions as the board of regents may determine, may be issued to the purchaser or purchasers of certificates sold pursuant to this act. The certificates and interim receipts shall be fully negotiable within the meaning and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.

      Sec. 6.  The board of regents, in connection with the issuance of revenue certificates to acquire any project for Nevada Southern University, the regional branch of the University of Nevada in Clark County, Nevada, or in order to secure the payment of such revenue certificates and interest thereon, has power by resolution:

      1.  To fix and maintain fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, such project.

      2.  To provide that such revenue certificates be secured by a first, exclusive and closed lien on the income and revenue (but not the real property of the University of Nevada) derived from, and shall be payable from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project.

      3.  To pledge and assign to, or in trust for the benefit of, the holder or holders of such revenue certificates, an amount of the income and revenue derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project.

      4.  To covenant with, or for the benefit of, the holder or holders of such revenue certificates, that, so long as any of such revenue certificates shall remain outstanding and unpaid, the University of Nevada will fix, maintain and collect, in such installments as may be agreed upon, an amount of the fees, rentals and other charges, from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project, which shall be sufficient to pay, when due, such revenue certificates and interest thereon; and to create and maintain reasonable reserves therefor, and to pay the costs of operation and maintenance of such project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board of regents in its absolute discretion.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 13 (Chapter 7, AB 20)κ

 

project, which shall be sufficient to pay, when due, such revenue certificates and interest thereon; and to create and maintain reasonable reserves therefor, and to pay the costs of operation and maintenance of such project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board of regents in its absolute discretion.

      5.  To make and enforce and agree to make and enforce reasonable parietal rules that shall insure the use of such project by all students in attendance at Nevada Southern University, the regional branch of the University of Nevada in Clark County, Nevada, who do not reside in the city of Las Vegas, Nevada, and environs, to the maximum extent to which such project is capable of serving such students.

      6.  To covenant that so long as any of such revenue certificates shall remain outstanding and unpaid, the board of regents will not, except upon such terms and conditions as may be determined:

      (a) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of such revenue certificates upon any of the income and revenues derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such projects; or

      (b) Convey or otherwise alienate such project or the real property upon which such project shall be located, except at a price sufficient to pay all such revenue certificates then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates; or

      (c) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on such project or the real property upon which it shall be located.

      7.  To covenant as to the procedure by which the terms of any contract with a holder or holders of such revenue certificates may be amended or abrogated, the amount of percentage of revenue certificates the holder or holders of which must consent thereto, and the manner in which such consent may be given.

      8.  To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates; and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay, or in relation to, such revenue certificates; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof, and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees, or the holder or holders of revenue certificates, or any specified amount of percentage of such revenue certificates, may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 14 (Chapter 7, AB 20)κ

 

      9.  To vest in a trustee or trustees, or the holder or holders of any specified amount or percentage of revenue certificates, the right to apply to any court of competent jurisdiction for, and have granted the appointment of, a receiver or receivers of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates, which receiver or receivers may have and be granted such powers and duties as such court may order or decree for the protection of the revenue certificate holders.

      10.  To make covenants with any federal agency, private agency, corporation or individual to perform any and all acts and to do any and all such things as may be necessary or convenient, or desirable, in order to secure such revenue certificates, or as may in the judgment of the board of regents tend to make the revenue certificates more marketable, notwithstanding that such acts or things may not be enumerated herein; it being the intention hereof to give the board of regents power to make all covenants, including any covenants or agreements giving a lien upon any project constructed to the agency lending the money for the construction of such project, as security for such loan; and, including the power to make any conveyance which may be necessary of any lot or parcel of land, to any federal agency, private agency, corporation or individual, as the means of security for any loan made by such agency for the construction or improvement of a building or structure thereon; and, also, the right to lease any structure constructed upon the lands of the State of Nevada for a fair rental; and to perform all acts and to do all things, not inconsistent with the constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.

      Sec. 7.  The board of regents also has the power by resolution to provide that payment of any revenue certificates issued hereunder and the interest thereon may also be made from, and as security for such payment there may also be pledged, the income and revenue derived from the operation of other projects of the University of Nevada in Clark County, Nevada, which were acquired with the proceeds of revenue certificates issued pursuant to law, subject to the existing pledge of income and revenue and other contractual limitations created to secure their payment.

      Sec. 8.  Any holder of revenue certificates, including a trustee for holders of such revenue certificates, shall have the right, in addition to all other rights:

      1.  By mandamus or other suit, action or proceeding in any court of competent jurisdiction, to enforce his rights against the board of regents, and any officer, agent or employee of the board of regents, to fix and collect such rentals and other charges adequate to carry out any agreement as to, or pledge of, such fees, rentals or other charges; and require the board of regents and any of its officers, agents or employees to carry out any other covenants and agreements, and to perform their duties under this act.

      2.  By action, to enjoin any acts or things which may be unlawful or a violation of the rights of such holder of revenue certificates.

      Sec. 9.  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 a separate trust account or trust accounts.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 15 (Chapter 7, AB 20)κ

 

or otherwise, borrowed under the provisions of this act, or received as a grant, shall be paid into 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. 10.  The revenue certificates, bearing the signatures of officers in office on the date of the signing thereof, shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the board of regents. The validity of the revenue certificates shall not be dependent on, nor affected by, the validity or regularity of any proceedings to acquire the project financed by the revenue certificates or taken in connection therewith.

      Sec. 11.  Nothing in this act shall be construed to authorize the board of regents to contract a debt on behalf of, or in any way to obligate, the State of Nevada, or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of appropriations made by the legislature, or revenue derived from the investment of the proceeds of the sale of such lands as have been set aside, by legislative enactments of the United States, for the use and benefit of the University of Nevada.

      Sec. 12.  All revenue certificates issued pursuant to this act shall be obligations of the 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 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.

      Sec. 13.  The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and revenue certificates may be issued hereunder without regard to the procedure required by any other such law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.

      Sec. 14.  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 his act are declared to be severable.

      Sec. 15.  This act shall become effective upon passage and approval.

 

________

 

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 16κ

 

CHAPTER 8, AB 16

Assembly Bill No. 16–Committee on Ways and Means

CHAPTER 8

AN ACT authorizing the issuance and sale of revenue certificates by the University of Nevada for a certain specified project at Nevada Southern University, the regional branch of the University of Nevada in Clark County, Nevada, 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.

 

[Approved May 27, 1966]

 

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

do enact 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 building, structure and improvements required by the University of Nevada for Nevada Southern University, the regional branch of the University of Nevada in Clark County, 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.  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 $1,500,000, and to acquire with the proceeds thereof a student activities building for Nevada Southern University, the regional branch of the University of Nevada in Clark County, Nevada, at a total cost not to exceed $1,500,000, exclusive of 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 student activities building.

      Sec. 3.  Upon the request of the board of regents, all phases of the planning, design, construction and equipment of any project provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 17 (Chapter 8, AB 16)κ

 

      Sec. 4.  Subject to the limitations and restrictions in this act, the 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 of 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. 5.  1.  Revenue certificates issued under the provisions of this act shall be authorized by resolution of the board of regents.

      2.  The revenue certificates shall bear interest at such rate or rates not exceeding 5 percent per annum, payable semiannually; may be issued in one or more series; may bear such date or dates; may be in such denomination or denominations; may mature at such time or times, not exceeding 40 years from their respective dates; may be in such form, either coupon or registered; may carry such registration privileges; may be executed in such manner; may be payable in such medium of payment, at such place or places; may be subject to such terms of redemptions, with or without premiums; may contain such terms, covenants and conditions; and may be declared or become due before the maturity date thereof, as such resolution or other resolutions may provide.

      3.  The revenue certificates may be sold at public or private sale at not less than par.

      4.  Pending the preparation of the definitive certificates, interim receipts or certificates, in such form and with such provisions as the board of regents may determine, may be issued to the purchaser or purchasers of certificates sold pursuant to this act. The certificates and interim receipts shall be fully negotiable within the meaning and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.

      Sec. 6.  The board of regents, in connection with the issuance of revenue certificates to acquire any project for Nevada Southern University, the regional branch of the University of Nevada in Clark County, Nevada, or in order to secure the payment of such revenue certificates and interest thereon, has power by resolution:

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 18 (Chapter 8, AB 16)κ

 

      1.  To fix and maintain fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, such project.

      2.  To provide that such revenue certificates be secured by a first, exclusive and closed lien on the income and revenue (but not the real property of the University of Nevada) derived from, and shall be payable from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project.

      3.  To pledge and assign to, or in trust for the benefit of, the holder or holders of such revenue certificates, an amount of the income and revenue derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project.

      4.  To covenant with, or for the benefit of, the holder or holders of such revenue certificates, that, so long as any of such revenue certificates shall remain outstanding and unpaid, the University of Nevada will fix, maintain and collect, in such installments as may be agreed upon, an amount of the fees, rentals and other charges, from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project, which shall be sufficient to pay, when due, such revenue certificates and interest thereon; and to create and maintain reasonable reserves therefor, and to pay the costs of operation and maintenance of such project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board of regents in its absolute discretion.

      5.  To covenant that so long as any of such revenue certificates shall remain outstanding and unpaid, the board of regents will not, except upon such terms and conditions as may be determined:

      (a) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of such revenue certificates upon any of the income and revenues derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such projects; or

      (b) Convey or otherwise alienate such project or the real property upon which such project shall be located, except at a price sufficient to pay all such revenue certificates then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates; or

      (c) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on such project or the real property upon which it shall be located.

      6.  To covenant as to the procedure by which the terms of any contract with a holder or holders of such revenue certificates may be amended or abrogated, the amount of percentage of revenue certificates the holder or holders of which must consent thereto, and the manner in which such consent may be given.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 19 (Chapter 8, AB 16)κ

 

      7.  To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates; and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay, or in relation to, such revenue certificates; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof, and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees, or the holder or holders of revenue certificates, or any specified amount of percentage of such revenue certificates, may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate.

      8.  To vest in a trustee or trustees, or the holder or holders of any specified amount or percentage of revenue certificates, the right to apply to any court of competent jurisdiction for, and have granted the appointment of, a receiver or receivers of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates, which receiver or receivers may have and be granted such powers and duties as such court may order or decree for the protection of the revenue certificate holders.

      9.  To make covenants with any federal agency, private agency, corporation or individual to perform any and all acts and to do any and all such things as may be necessary or convenient, or desirable, in order to secure such revenue certificates, or as may in the judgment of the board of regents tend to make the revenue certificates more marketable, notwithstanding that such acts or things may not be enumerated herein; it being the intention hereof to give the board of regents power to make all covenants, including any covenants or agreements giving a lien upon any project constructed to the agency lending the money for the construction of such project, as security for such loan; and, including the power to make any conveyance which may be necessary of any lot or parcel of land, to any federal agency, private agency, corporation or individual, as the means of security for any loan made by such agency for the construction or improvement of a building or structure thereon; and, also, the right to lease any structure constructed upon the lands of the State of Nevada for a fair rental; and to perform all acts and to do all things, not inconsistent with the constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.

      Sec. 7.  The board of regents also has the power by resolution to provide that payment of any revenue certificates issued hereunder and the interest thereon may also be made from, and as security for such payment there may also be pledged, the income and revenue derived from the operation of other projects of the University of Nevada in Clark County, Nevada, which were acquired with the proceeds of revenue certificates issued pursuant to law, subject to the existing pledge of income and revenue and other contractual limitations created to secure their payment.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 20 (Chapter 8, AB 16)κ

 

      Sec. 8.  Any holder of revenue certificates, including a trustee for holders of such revenue certificates, shall have the right, in addition to all other rights:

      1.  By mandamus or other suit, action or proceeding an any court of competent jurisdiction, to enforce his rights against the board of regents, and any officer, agent or employee of the board of regents, to fix and collect such rentals and other charges adequate to carry out any agreement as to, or pledge of, such fees, rentals or other charges; and require the board of regents and any of its officers, agents or employees to carry out any other covenants and agreements, and to perform their duties under this act.

      2.  By action, to enjoin any acts or things which may be unlawful or a violation of the rights of such holder of revenue certificates.

      Sec. 9.  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 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. 10.  The revenue certificates, bearing the signatures of officers in office on the date of the signing thereof, shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the board of regents. The validity of the revenue certificates shall not be dependent on, nor affected by, the validity or regularity of any proceedings to acquire the project financed by the revenue certificates or taken in connection therewith.

      Sec. 11.  Nothing in this act shall be construed to authorize the board of regents to contract a debt on behalf of, or in any way to obligate, the State of Nevada, or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of appropriations made by the legislature, or revenue derived from the investment of the proceeds of the sale of such lands as have been set aside, by legislative enactments of the United States, for the use and benefit of the University of Nevada.

      Sec. 12.  All revenue certificates issued pursuant to this act shall be obligations of the 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 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.

      Sec. 13.  The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and revenue certificates may be issued hereunder without regard to the procedure required by any other such law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 21 (Chapter 8, AB 16)κ

 

act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.

      Sec. 14.  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. 15.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 9, AB 6

Assembly Bill No. 6–Committee on Ways and Means

CHAPTER 9

AN ACT making an appropriation from the general fund in the state treasury to the University of Nevada for the purpose of paying a portion of the costs of construction of and for purchasing furniture and furnishings for a student activities building at Nevada Southern University, the regional branch of the University of Nevada in Clark County, Nevada; and providing other matters properly relating thereto.

 

[Approved May 27, 1966]

 

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 University of Nevada the sum of $200,000 to be expended by the board of regents of the University of Nevada only for the purposes specified in section 2 of this act.

      Sec. 2.  Of the moneys appropriated to the University of Nevada by section 1 of this act, the board of regents of the University of Nevada may expend not to exceed:

      1.  The sum of $140,000 for the payment of a portion of the costs of construction of a student activities building at Nevada Southern University, the regional branch of the University of Nevada in Clark County, Nevada.

      2.  The sum of $60,000 for the purchase of movable furniture and furnishings for a student activities building when the same is constructed at Nevada Southern University, the regional branch of the University of Nevada in Clark County, Nevada.

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

 

________

 

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 22κ

 

CHAPTER 10, SB 17

Senate Bill No. 17–Committee on Judiciary

CHAPTER 10

AN ACT to amend chapter 454 of NRS, relating to poisons and dangerous drugs, by adding a new section restricting the use and possession of certain drugs; providing a penalty; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  Chapter 454 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      1.  It is unlawful for any person, except as provided in this section, to use or possess:

      (a) Lysergic acid;

      (b) LSD (d-lysergic acid diethylamide);

      (c) DMT (N-N-dimethyltryptamine);

      (d) Any salt or derivative of any drug listed in paragraphs (a), (b) and (c); or

      (e) Any compound, mixture or preparation which is physiologically similar to any drug listed in paragraphs (a), (b) and (c) in its effect on the central nervous system, except that plant of the genus Lophophora commonly known as peyote and preparations thereof.

      2.  The drugs enumerated in subsection 1 may lawfully be possessed by:

      (a) A manufacturer licensed by the Food and Drug Administration to produce and distribute such drugs, or his agent, to be sold only to a person authorized under this subsection to possess such drugs or transported in interstate commerce. Each such shipment must bear the identifying number assigned by the Food and Drug Administration.

      (b) A licensed pharmacy, to be dispensed only to a physician, osteopathic physician or research scientist qualified under paragraph (c) or (d). Every pharmacy which receives or dispenses any such drug shall keep a record showing the date, amount and source of drugs received, the date of dispensing, the name and address of the person to whom dispensed, and the kind and quantity of drugs. Every such record shall be kept for a period of 3 years from the date of the transaction recorded, and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.

      (c) A physician licensed pursuant to chapter 630 of NRS or an osteopathic physician licensed pursuant to chapter 633 of NRS, to be used only as provided in subsection 3. Every physician or osteopathic physician who receives or administers any such drug shall keep a record showing the date, amount and source of dugs received, the date of administration, the name and address of the person to whom administered, and the kind and quantity of drugs. Every such record shall be kept for a period of 3 years from the date of administration, and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.

      (d) A psychologist licensed pursuant to chapter 641 of NRS or a member of the faculty of a college or university in this state who is qualified by scientific training and experience to investigate the safety and effectiveness of such drugs, to be used only for research and not to be administered to any human being except under the supervision of a physician or osteopathic physician as provided in subsection 3.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 23 (Chapter 10, SB 17)κ

 

qualified by scientific training and experience to investigate the safety and effectiveness of such drugs, to be used only for research and not to be administered to any human being except under the supervision of a physician or osteopathic physician as provided in subsection 3. Any psychologist or research scientist who uses any such drug shall keep a record showing the date, amount and source of drugs received and the disposition and use of all such drugs. Every such record shall be kept for a period of 3 years from date of use, and shall be open to inspection by any peace officer or health officer of this state or by any equivalent federal officer.

      3.  Any physician or osteopathic physician who administers any drug listed in subsection 1 to any human being shall keep such patient under his personal supervision until the effect of such drug has entirely ceased.

      4.  Whoever violates any provision of this section is guilty:

      (a) For the first offense, of a gross misdemeanor.

      (b) For any subsequent offense, of a felony, and shall upon conviction be punished by imprisonment in the Nevada state prison for not less than 1 nor more than 10 years.

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

 

________

 

 

CHAPTER 11, SB 7

Senate Bill No. 7–Committee on Taxation

CHAPTER 11

AN ACT to amend NRS section 361.5643, relating to stickers issued on payment of personal property tax on mobile homes, by excluding those registered and licensed; to amend NRS section 361.5644, relating to penalties for nonpayment, by providing a graduated schedule of penalties; providing for partial refund or credit of penalties previously collected; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

      Whereas, This legislature in its 53rd regular session enacted Senate Bill 288, which became chapter 246, Statutes of Nevada 1965; and

      Whereas, It was the intention of the legislature to apply the penalty provisions of section 9 of that act equally to the violation of the duties imposed upon the purchasers and owners of mobile homes by sections 3, 4 and 7 of that act; and

      Whereas, Senate Bill 288 as introduced, engrossed, reengrossed and enrolled contained an undetected clerical error whereby section 9 was made to refer to section 6 in lieu of section 7; and

      Whereas, The legislature desires to correct this error as well as to revise the related statutes in other respects; now, therefore,

 

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

do enact as follows:

 

      Section 1.  NRS 361.5643 is hereby amended to read as follows:

      361.5643  Upon compliance by the purchaser of a mobile home, which is not registered and licensed, or which the purchaser has not declared his intention to register and license immediately after payment of the tax, pursuant to the provisions of NRS 482.397, with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall deliver to the purchaser a sticker which the purchaser shall affix to the front window of the mobile home in such a manner that the printed matter thereon may be read from outside the vehicle.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 24 (Chapter 11, SB 7)κ

 

which is not registered and licensed, or which the purchaser has not declared his intention to register and license immediately after payment of the tax, pursuant to the provisions of NRS 482.397, with the provisions of NRS 361.562, 361.563 or 361.5642 the county assessor shall deliver to the purchaser a sticker which the purchaser shall affix to the front window of the mobile home in such a manner that the printed matter thereon may be read from outside the vehicle. Stickers shall contain such printed matter as the county assessor shall determine. Upon delivery of a sticker the county assessor shall collect from the purchaser of the mobile home the sum of $1. All proceeds received by the county assessor from the sale of stickers shall be deposited to the credit of the county general fund.

      Sec. 2.  NRS 361.5644 is hereby amended to read as follows:

      361.5644  1.  If the purchaser or owner of a mobile home fails to comply with the provisions of paragraph (a) or (b) of subsection 2 of NRS 361.562 or with the provisions of NRS 361.563 or [361.5641] 361.5642 within the required time the county assessor shall collect a penalty, [in the sum of $25,] which shall be added to the tax and collected therewith [.] in the amount of 10 percent of the tax due, plus:

      (a) If the tax is paid within 1 month after it is due, $3.

      (b) If the tax is paid more than 1 month after it is due, $3 for each full month or final fraction of a month which has elapsed.

      2.  If any person required to pay a personal property tax under the provisions of NRS 361.562, 361.563 or [361.5641] 361.5642 neglects or refuses to pay such tax on demand of the county assessor, the county assessor or his deputy shall seize the mobile home upon which such taxes are due and proceed in accordance with the provisions of NRS 361.535.

      3.  The tax is due and the tax and any penalty shall be computed for each fiscal year from:

      (a) The date of purchase within or importation into this state, under NRS 361.562 and 361.563.

      (b) July 1, under NRS 361.5642.

      Sec. 3.  1.  Each county assessor shall within 30 days after the effective date of this act notify each mobile home owner from whom he has collected a penalty pursuant to NRS 361.5644 prior to the effective date of this act which exceeds the amount provided in such case by NRS 361.5644 as amended by section 2 of this act, informing him of his rights under subsection 2. Such notice shall be given by certified mail, with return receipt requested, to the address given by the mobile home owner at the time of collection, unless the county assessor has actual knowledge of a later mailing address of such owner.

      2.  The mobile home owner so notified is entitled:

      (a) Upon presentation of the notice, to apply the amount of the excess as a credit against any property tax which he may be required to pay during the fiscal year beginning July 1, 1966, to the county to which such penalty was paid.

      (b) If he is no longer a resident of the county to which such penalty was paid, upon mailing or otherwise presenting an affidavit to this effect to the county assessor of such county, within 90 days after the effective date of this act, to receive a refund of the amount of the excess.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 25 (Chapter 11, SB 7)κ

 

to the county assessor of such county, within 90 days after the effective date of this act, to receive a refund of the amount of the excess. A form of affidavit for compliance with this paragraph shall be enclosed with or made part of each notice mailed.

      3.  The county assessor shall make each refund required by subsection 2 within 120 days after the effective date of this act. He shall deliver to the county auditor one or more lists which singly or in combination shall show the name of and the amount due to each person entitled to a refund under this section.

      4.  The county auditor and county treasurer of each county shall deliver to the county assessor the necessary warrants for the refund as required by this section of any penalties paid over by the county assessor to the county treasurer. To the extent that any portion of such penalties has been credited or paid over by the county treasurer to the State of Nevada or any other recipient, the county treasurer shall debit or withhold from the next payment to the State of Nevada or other such recipient a like amount.

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

 

________

 

 

CHAPTER 12, SB 6

Senate Bill No. 6–Committee on Finance

CHAPTER 12

AN ACT relating to the construction by the state planning board of a fish hatchery building, troughs and ponds, residences, a shop and storage building and a garage at Ruby Lake, Elko County, Nevada; appropriating money from the fish and game fund in the state treasury for such construction; authorizing the state board of fish and game commissioners to pay certain moneys to the state planning board to accelerate such construction; providing for the investment and deposit of certain funds by the state board of fish and game commissioners when received from the director of the state department of conservation and natural resources; stating the powers, duties and responsibilities of the state planning board; repealing section 9 of and amending the title of chapter 486, Statutes of Nevada 1965, entitled “An Act appropriating moneys from the general fund and the fish and game fund in the state treasury for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; authorizing the state planning board to expend moneys not appropriated from state funds for the construction of a library building and a nursing facility at Nevada Southern University and the University of Nevada, respectively; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto,” approved April, 13, 1965; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  1.  Effective upon the passage and approval of this act, there is hereby appropriated from the fish and game fund in the state treasury the sum of $668,000 for the support of the state planning board for the construction of a fish hatchery building, troughs and ponds, residences, a shop and storage building and a garage at Ruby Lake, Elko County, Nevada, hereinafter referred to as the “project.”

 

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 26 (Chapter 12, SB 6)κ

 

board for the construction of a fish hatchery building, troughs and ponds, residences, a shop and storage building and a garage at Ruby Lake, Elko County, Nevada, hereinafter referred to as the “project.”

      2.  The state controller shall not transfer any of the moneys appropriated for the construction of the project nor shall the state planning board proceed with such construction until the state planning board has received a copy of a resolution adopted by the state board of fish and game commissioners requesting that such construction be commenced.

      Sec. 2.  1.  The total cost of construction of the project shall not exceed the sum of $718,000, being the total of the sum of $668,000 appropriated by section 1 of this act, and the sum of $50,000 heretofore expended by the state planning board for construction of the project from the money appropriated by section 9 of chapter 486, Statutes of Nevada 1965.

      2.  If the state board of fish and game commissioners finds that there is insufficient money in the fish and game fund to construct the project and in order to accelerate such construction, the state board of fish and game commissioners is authorized, notwithstanding the provisions of NRS 501.255 or any other law, during the fiscal year commencing July 1, 1966, and ending June 30, 1967, to pay to the state planning board a sum of money not to exceed $288,000 from any moneys received by the state board of fish and game commissioners from the sources specified in subsection 2 of NRS 501.255 during such fiscal year, for use by the state planning board in constructing the project.

      3.  If during the fiscal year commencing July 1, 1966, and ending June 30, 1967, the director of the state department of conservation and natural resources disburses any money to the state board of fish and game commissioners pursuant to the provisions of NRS 407.205, all such moneys received by the state board of fish and game commissioners in an amount equal to the amount paid by the state board of fish and game commissioners to the state planning board pursuant to the provisions of subsection 2 shall be invested or deposited by the state board of fish and game commissioners as follows:

      (a) If such moneys are received prior to June 1, 1967, they shall be invested as provided in NRS 501.255.

      (b) If such moneys are received on or after June 1, 1967, they shall be deposited in the fish and game fund.

      Sec. 3.  1.  The state planning board is hereby charged with the duty of carrying out the provisions of this act:

      (a) As provided in chapter 341 of NRS.

      (b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the project.

      2.  The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.

      3.  All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 27 (Chapter 12, SB 6)κ

 

      4.  Except as provided in subsection 5 of this section, the state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the project. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of the project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.

      5.  The state planning board shall not be required to advertise for sealed bids for construction of a portion of the project the estimated cost of which is less than $5,000, but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.

      Sec. 4.  Section 9 of chapter 486, Statutes of Nevada 1965, entitled “An Act appropriating moneys from the general fund and the fish and game fund in the state treasury for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; authorizing the state planning board to expend moneys not appropriated from state funds for the construction of a library building and a nursing facility at Nevada Southern University and the University of Nevada, respectively; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto,” approved April 13, 1965, is hereby repealed.

      Sec. 5.  The title of chapter 486, Statutes of Nevada 1965, at page 1289, is hereby amended to read as follows:

      An Act appropriating moneys from the general fund [and the fish and game fund] in the state treasury for the support of the state planning board in carrying out a program of capital improvements for the State of Nevada; authorizing the state planning board to expend moneys not appropriated from state funds for the construction of a library building and a nursing facility at Nevada Southern University and the University of Nevada, respectively; stating the powers, duties and responsibilities of the state planning board and other state officers; and providing other matters properly relating thereto.

      Sec. 6.  This act shall become effective upon passage and approval.

 

________

 

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 28κ

 

CHAPTER 13, SB 3

Senate Bill No. 3–Committee on Finance

CHAPTER 13

AN ACT appropriating money from the general fund in the state treasury for the support of the state planning board for the purposes of acquiring and constructing certain capital improvements at the Nevada state prison; stating the powers, duties and responsibilities of the state planning board; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  The sum of $1,020,500 is hereby appropriated from the general fund in the state treasury for the support of the state planning board for the purposes of acquiring and constructing the following capital improvements at the Nevada state prison:

      1.  Minimum security prison:

      (a) Second perimeter fence;

      (b) Security towers Nos. 3 and 4;

      (c) Housing unit No. 3;

      (d) Addition to food service building No. 1;

      (e) Recreation area fence and material; and

      (f) Extension of utilities.

      2.  Security tower at the guidance center.

      Sec. 2.  1.  The state planning board is hereby charged with the duty of carrying out the provisions of this act:

      (a) As provided in chapter 341 of NRS.

      (b) Relating to the preparation of the plans, specifications and contract documents necessary to the construction of the capital improvements specified in section 1 of this act.

      2.  The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.

      3.  All work authorized by section 1 of this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.

      4.  Except as provided in subsection 5 of this section, the state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate and sealed bids for each construction project designated in section 1 of this act. Approved plans and specifications for such construction shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such construction, equipment and furnishings, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 29 (Chapter 13, SB 3)κ

 

      5.  The state planning board shall not be required to advertise for sealed bids for construction projects the estimated cost of which is less than $5,000, but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.

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

 

________

 

 

CHAPTER 14, SB 2

Senate Bill No. 2–Committee on Finance

CHAPTER 14

AN ACT to amend NRS section 481.140, relating to the composition of the Nevada highway patrol, by increasing the authorized number of its personnel; making an additional and supplemental appropriation from the state highway fund in the state treasury for the support of the department of motor vehicles for the fiscal year commencing July 1, 1966, and ending June 30, 1967; providing details concerning expenditures, work programs, transfers and the reversion of any unexpended balance; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  NRS 481.140 is hereby amended to read as follows:

      481.140  The Nevada highway patrol shall be composed of the following personnel appointed by the director of the department of motor vehicles:

      1.  One director.

      2.  Two inspectors.

      3.  Not more than [68] 90 additional personnel, of which [53] 68 shall be patrolmen.

      Sec. 2.  1.  For the fiscal year commencing July 1, 1966, and ending June 30, 1967, there is hereby appropriated from the state highway fund in the state treasury the sum of $287,092 to the department of motor vehicles for the support of the Nevada highway patrol division as an additional and supplemental appropriation to that allowed and made by section 46 of chapter 489, Statutes of Nevada 1965.

      2.  The money appropriated by subsection 1 shall be:

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and

      (b) Work-programmed quarterly for the fiscal year 1966-1967. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      3.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 30 (Chapter 14, SB 2)κ

 

      4.  After June 30, 1967, any unexpended balance of the appropriation made by subsection 1 shall not be encumbered or committed for expenditure and shall revert to the state highway fund in the state treasury on September 1, 1967.

      Sec. 3.  This act shall become effective July 1, 1966.

 

________

 

 

CHAPTER 15, AB 18

Assembly Bill No. 18–Committee on Ways and Means

CHAPTER 15

AN ACT appropriating $100,000 from the general fund in the state treasury to the legislative fund.

 

[Approved May 30, 1966]

 

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 $100,000.

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

 

________

 

 

CHAPTER 16, AB 12

Assembly Bill No. 12–Committee on Public Health and Public Morals

CHAPTER 16

AN ACT to amend NRS section 629.080, relating to waiver of examination in the basic sciences, by permitting such waivers whenever the applicant has passed an equivalent state board examination and requiring such waivers whenever the applicant has passed an equivalent national board examination.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  NRS 629.080 is hereby amended to read as follows:

      629.080  1.  The board may, in its discretion, waive the examination required by NRS 629.070, when proof satisfactory to the board is submitted showing [:

      1.  That the applicant has passed an examination in the basic sciences in another state, which examination was given by a state basic science board of examiners in that state; and

      2.  That the requirements of that state are not less than those required by this chapter as a condition precedent to the issuance of a certificate; and

      3.  That the board of examiners in the basic sciences in that state grants like exemption from examination in the basic sciences to persons holding certificates from the state board of examiners in the basic sciences of Nevada.]

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 31 (Chapter 16, AB 12)κ

 

sciences of Nevada.] that the applicant has passed an examination in the basic sciences substantially equivalent to the examination required by this chapter, administered by an examining or licensing board of another state.

      2.  The board shall waive such examination when proof satisfactory to the board is submitted showing that the applicant has passed such an examination administered by a national examining board.

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

 

________

 

 

CHAPTER 17, AB 11

Assembly Bill No. 11–Committee on Ways and Means

CHAPTER 17

AN ACT authorizing the issuance and sale of revenue certificates by 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.

 

[Approved May 30, 1966]

 

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

do enact 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.  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 $3,500,000, and to acquire with the proceeds thereof a residence hall and a dining commons for the University of Nevada in Reno, Nevada, at a total cost not to exceed $3,500,000, exclusive of the cost of movable furniture and fixtures.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 32 (Chapter 17, AB 11)κ

 

at a total cost not to exceed $3,500,000, exclusive of 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 residence hall and dining commons.

      Sec. 3.  Upon the request of the board of regents, all phases of the planning, design, construction and equipment of any project provided for in this act shall be subject to supervision by the state planning board in accordance with the provisions of chapter 341 of NRS.

      Sec. 4.  Subject to the limitations and restrictions in this act, the 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 of 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. 5.  1.  Revenue certificates issued under the provisions of this act shall be authorized by resolution of the board of regents.

      2.  The revenue certificates shall bear interest at such rate or rates not exceeding 5 percent per annum, payable semiannually; may be issued in one or more series; may bear such date or dates; may be in such denomination or denominations; may mature at such time or times, not exceeding 40 years from their respective dates; may be in such form, either coupon or registered; may carry such registration privileges; may be executed in such manner; may be payable in such medium of payment, at such place or places; may be subject to such terms of redemptions, with or without premium; may contain such terms, covenants and conditions; and may be declared or become due before the maturity date thereof, as such resolution or other resolutions may provide.

      3.  The revenue certificates may be sold at public or private sale at not less than par.

      4.  Pending the preparation of the definitive certificates, interim receipts or certificates, in such form and with such provisions as the board of regents may determine, may be issued to the purchaser or purchasers of certificates sold pursuant to this act.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 33 (Chapter 17, AB 11)κ

 

purchasers of certificates sold pursuant to this act. The certificates and interim receipts shall be fully negotiable within the meaning and for all the purposes of the Negotiable Instruments Law and the Uniform Commercial Code-Investment Securities.

      Sec. 6.  The board of regents, in connection with the issuance of revenue certificates to acquire any project for the University of Nevada or in order to secure the payment of such revenue certificates and interest thereon, has power by resolution:

      1.  To fix and maintain fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to be served by, such project.

      2.  To provide that such revenue certificates be secured by a first, exclusive and closed lien on the income and revenue (but not the real property of the University of Nevada) derived from, and shall be payable from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project.

      3.  To pledge and assign to, or in trust for the benefit of, the holder or holders of such revenue certificates, an amount of the income and revenue derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project.

      4.  To covenant with, or for the benefit of, the holder or holders of such revenue certificates, that, so long as any of such revenue certificates shall remain outstanding and unpaid, the University of Nevada will fix, maintain and collect, in such installments as may be agreed upon, an amount of the fees, rentals and other charges, from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such project, which shall be sufficient to pay, when due, such revenue certificates and interest thereon; and to create and maintain reasonable reserves therefor, and to pay the costs of operation and maintenance of such project, including, but not limited to, reserves for extraordinary repairs, insurance and maintenance, which costs of operation and maintenance shall be determined by the board of regents in its absolute discretion.

      5.  To make and enforce and agree to make and enforce reasonable parietal rules that shall insure the use of such project by all students in attendance at the University of Nevada who do not reside in the city of Reno, Nevada, and environs, to the maximum extent to which such project is capable of serving such students.

      6.  To covenant that so long as any of such revenue certificates shall remain outstanding and unpaid, the board of regents will not, except upon such terms and conditions as may be determined:

      (a) Voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of such revenue certificates upon any of the income and revenues derived from fees, rentals and other charges from students, faculty members and others using or being served by, or having the right to use, or having the right to be served by, such projects; or

      (b) Convey or otherwise alienate such project or the real property upon which such project shall be located, except at a price sufficient to pay all such revenue certificates then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates; or

 

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 34 (Chapter 17, AB 11)κ

 

upon which such project shall be located, except at a price sufficient to pay all such revenue certificates then outstanding and interest accrued thereon, and then only in accordance with any agreements with the holder or holders of such revenue certificates; or

      (c) Mortgage or otherwise voluntarily create or cause to be created any encumbrance on such project or the real property upon which it shall be located.

      7.  To covenant as to the procedure by which the terms of any contract with a holder or holders of such revenue certificates may be amended or abrogated, the amount of percentage of revenue certificates the holder or holders of which must consent thereto, and the manner in which such consent may be given.

      8.  To vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates; and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay, or in relation to, such revenue certificates; to execute and deliver a trust agreement or trust agreements which may set forth the powers and duties and the remedies available to such trustee or trustees and limiting the liabilities thereof, and describing what occurrences shall constitute events of default and prescribing the terms and conditions upon which such trustee or trustees, or the holder or holders of revenue certificates, or any specified amount of percentage of such revenue certificates, may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate.

      9.  To vest in a trustee or trustees, or the holder or holders of any specified amount or percentage of revenue certificates, the right to apply to any court of competent jurisdiction for, and have granted the appointment of, a receiver or receivers of the income and revenue pledged and assigned to, or for the benefit of, the holder or holders of such revenue certificates, which receiver or receivers may have and be granted such powers and duties as such court may order or decree for the protection of the revenue certificate holders.

      10.  To make covenants with any federal agency, private agency, corporation or individual to perform any and all acts and to do any and all such things as may be necessary or convenient, or desirable, in order to secure such revenue certificates, or as may in the judgment of the board of regents tend to make the revenue certificates more marketable, notwithstanding that such acts or things may not be enumerated herein; it being the intention hereof to give the board of regents power to make all covenants, including any covenants or agreements giving a lien upon any project constructed to the agency lending the money for the construction of such project, as security for such loan; and, including the power to make any conveyance which may be necessary of any lot or parcel of land, to any federal agency, private agency, corporation or individual, as the means of security for any loan made by such agency for the construction or improvement of a building or structure thereon; and, also, the right to lease any structure constructed upon the lands of the State of Nevada for a fair rental; and to perform all acts and to do all things, not inconsistent with the constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 35 (Chapter 17, AB 11)κ

 

constitution of the State of Nevada, in the issuance of such revenue certificates and for their security, which a private business corporation might do.

      Sec. 7.  The board of regents also has the power by resolution to provide that payment of any revenue certificates issued hereunder and the interest thereon may also be made from, and as security for such payment there may also be pledged, the income and revenue derived from the operation of other projects of the University of Nevada in Washoe County, Nevada, which were acquired with the proceeds of revenue certificates issued pursuant to law, subject to the existing pledge of income and revenue and other contractual limitations created to secure their payment.

      Sec. 8.  Any holder of revenue certificates, including a trustee for holders of such revenue certificates, shall have the right, in addition to all other rights:

      1.  By mandamus or other suit, action or proceeding in any court of competent jurisdiction, to enforce his rights against the board of regents, and any officer, agent or employee of the board of regents, to fix and collect such rentals and other charges adequate to carry out any agreement as to, or pledge of, such fees, rentals or other charges; and require the board of regents and any of its officers, agents or employees to carry out any other covenants and agreements, and to perform their duties under this act.

      2.  By action, to enjoin any acts or things which may be unlawful or a violation of the rights of such holder of revenue certificates.

      Sec. 9.  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 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. 10.  The revenue certificates, bearing the signatures of officers in office on the date of the signing thereof, shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon shall have ceased to be officers of the board of regents. The validity of the revenue certificates shall not be dependent on, nor affected by, the validity or regularity of any proceedings to acquire the project financed by the revenue certificates or taken in connection therewith.

      Sec. 11.  Nothing in this act shall be construed to authorize the board of regents to contract a debt on behalf of, or in any way to obligate, the State of Nevada, or to pledge, assign or encumber in any way, or to permit the pledging, assigning or encumbering in any way, of appropriations made by the legislature, or revenue derived from the investment of the proceeds of the sale of such lands as have been set aside, by legislative enactments of the United States, for the use and benefit of the University of Nevada.

      Sec. 12.  All revenue certificates issued pursuant to this act shall be obligations of the 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 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.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 36 (Chapter 17, AB 11)κ

 

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 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.

      Sec. 13.  The powers conferred by this act shall be in addition to and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred by any other law, general or special; and revenue certificates may be issued hereunder without regard to the procedure required by any other such law. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general or special, the provisions of this act shall be controlling.

      Sec. 14.  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. 15.  This act shall become effective upon passage and approval.

 

________

 

 

CHAPTER 18, AB 10

Assembly Bill No. 10–Committee on Ways and Means

CHAPTER 18

AN ACT appropriating money from the general fund in the state treasury to the state planning board for the purposes of remodeling intensive care wards at the Nevada state hospital and providing security installations therein for the protection of the public and hospital patients; stating powers, duties and responsibilities of the state planning board; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  There is hereby appropriated to the state planning board from the general fund in the state treasury the sum of $97,400 for the purposes of remodeling intensive care wards at the Nevada state hospital and providing security installations therein for the protection of the public and hospital patients.

      Sec. 2.  1.  The state planning board is hereby charged with the duty of carrying out the provisions of this act:

      (a) As provided in chapter 341 of NRS.

      (b) Relating to the preparation of the plans, specifications and contract documents necessary to the work authorized in section 1.

      2.  The state planning board shall insure that competent architects, engineers and other qualified persons are employed to prepare the plans and specifications required to accomplish the authorized work and, if necessary, to assist in the preparation of contract documents necessary to the construction of such work.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 37 (Chapter 18, AB 10)κ

 

      3.  All work authorized by this act shall be approved by the state planning board, and each contract document pertaining to such work shall be approved by the attorney general.

      4.  Except as provided in subsection 5 of this section, the state planning board shall advertise, in a newspaper of general circulation in the State of Nevada, for separate sealed bids for the work authorized by this act. Approved plans and specifications for such work shall be on file at a place and time stated in such advertisement for the inspection of all persons desiring to bid thereon and for other interested persons. The state planning board may accept bids on either the whole or on part or parts of such construction and equipment, and may let separate contracts for different and separate portions of any project, or a combination contract for structural, mechanical and electrical construction if savings will result thereby to the lowest bidder thereon; but any and all bids may be rejected for any good reason.

      5.  The state planning board shall not be required to advertise for sealed bids for any work the estimated cost of which is less than $5,000, but the state planning board may solicit firm written bids from not less than two licensed contractors doing business in the area and may thereafter award the contract to the lowest bidder or reject all bids.

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

 

________

 

 

CHAPTER 19, AB 4

Assembly Bill No. 4–Committee on State, County and City Affairs

CHAPTER 19

AN ACT to be designated as the 1966 Public Securities Validation Act; validating, ratifying, approving and confirming outstanding public securities of the state and all corporate subdivisions and agencies thereof, and acts and proceedings had or taken thereby and appertaining to public securities; repealing acts in conflict herewith; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  This act shall be known as the 1966 Public Securities Validation Act.

      Sec. 2.  As used in this act:

      1.  “Public body” of the state means any state educational institution or other state institution, its board of regents or other governing body thereof constituting a body corporate, any county, incorporated city or incorporated town, whether incorporated or governed under a general act, special legislative act or special charter enacted, adopted or granted pursuant to sections 1 or 8, article 8, of the constitution of the state, or otherwise, any unincorporated city or unincorporated town, any school district, local improvement district, general improvement district, power district, irrigation district, drainage district, water conservancy district, water district, sanitation district, water and sanitation district, sewage, water and garbage disposal district, flood control district, swimming pool district, public cemetery district, county fire protection district, fire protection district, television maintenance district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission, or any other political subdivision of the state constituting a body corporate.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 38 (Chapter 19, AB 4)κ

 

and sanitation district, sewage, water and garbage disposal district, flood control district, swimming pool district, public cemetery district, county fire protection district, fire protection district, television maintenance district, housing authority, urban renewal agency, community redevelopment agency, any other corporate district, any corporate commission, or any other political subdivision of the state constituting a body corporate.

      2.  “Public security” means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by this state or by any public body thereof, either a general obligation for the payment of which the state or public body issuing the obligation has pledged its full faith and credit or a special obligation payable wholly or in part from special assessments or from other designated revenues, or from both special assessments and other designated revenues.

      3.  “State” means the State of Nevada and any board, commission, department, corporation, instrumentality or agency thereof.

      Sec. 3.  All outstanding public securities of the state and of all public bodies thereof, and all acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of the state or any public body thereof under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such public securities are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance appertaining thereto, the redemption of public securities before maturity and provisions therefor, the levy and collection of rates, tolls and charges, special assessments, and general and other taxes, and the acquisition and application of other revenues, the pledge and use of the proceeds thereof, and the establishment of liens thereon and funds therefor, appertaining to such public securities, except as hereinafter provided, notwithstanding any lack of power, authority or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in the creation of such public body and in such public securities, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including, without limiting the generality of the foregoing, such acts and proceedings appertaining to such public securities all or any part of which have heretofore not been issued nor purportedly issued. Such outstanding public securities are and shall be, and such public securities heretofore not issued nor purportedly issued shall be, after their issuance, binding, legal, valid and enforcible obligations of the state or the public body issuing them in accordance with their terms and their authorizing proceedings, subject to the taking or adoption of acts and proceedings heretofore not had nor taken, nor purportedly had nor taken, but required by and in substantial and due compliance with laws appertaining to any such public securities heretofore not issued nor purportedly issued.

      Sec. 4.  This act shall operate to supply such legislative authority as may be necessary to validate any public securities heretofore issued and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such public securities were issued and such acts or proceedings were taken.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 39 (Chapter 19, AB 4)κ

 

securities were issued and such acts or proceedings were taken. This act, however, shall be limited to the validation of public securities, acts and proceedings to the extent to which the same can be effectuated under the state and federal constitutions. Also this act shall not operate to validate, ratify, approve, confirm or legalize any public security, act, proceeding or other matter the legality of which is being contested or inquired into in any legal proceeding now pending and undetermined, and shall not operate to confirm, validate or legalize any public security, act, proceedings or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.

      Sec. 5.  This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.

      Sec. 6.  Any act, or part thereof, in conflict with this act is hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, or part thereof, heretofore repealed.

      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.

 

________

 

 

CHAPTER 20, AB 1

Assembly Bill No. 1–Committee on State, County and City Affairs

CHAPTER 20

AN ACT to amend an act entitled “An Act to incorporate the city of Sparks, in Washoe County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved March 28, 1949, as amended.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  Section 20.75 of Article XX of the above-entitled act, being chapter 180, Statutes of Nevada 1949, as added by chapter 347, Statutes of Nevada 1963, at page 731, is hereby amended to read as follows:

      Section 20.75.  1.  The cost of improvements in street intersections may be segregated.

      2.  Such cost, except the share assessable to street or other railway companies, may be assessed upon all frontage of the street improved (excluding an alley) and on intersecting streets within a distance of one-half block in each direction from such intersections, in proportion to the frontage of each lot or tract on the street improved (excluding an alley) or on an intersecting street, or on both within such distance.

      3.  The cost of the improvement of an alley intersection may be assessed upon the assessable property in the same block extending to the nearest street intersection and half the length of the block along its sides.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 40 (Chapter 20, AB 1)κ

 

assessed upon the assessable property in the same block extending to the nearest street intersection and half the length of the block along its sides. However where the sides of blocks are of unequal length, the city council may determine the limit of assessment.

      4.  In the alternative, the cost of improving street intersections (including alley intersections) may be treated as one of the costs of any project without separately segregating such intersection cost. In such case the total cost of any project shall be assessed as provided in subsections 1, 2 and 3 of [this section 20.75] section 20.67 upon the basis determined without any separate assessment for intersection costs.

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

 

________

 

 

CHAPTER 21, SB 16

Senate Bill No. 16–Senator Dodge

CHAPTER 21

AN ACT providing for the disposition of proceeds of the sale of the Churchill County telephone system, if sold; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

      Whereas, NRS 710.151 to 710.159, inclusive, provide generally for the sale or lease of a county telephone system upon approval by vote of the people of the county; and

      Whereas, The proceeds of such a sale are capital funds whose principal should be used for capital improvements within the county, but the choice of suitable improvements and the nature of suitable restrictions so differs from county to county as to be incapable of definition by general statute; now, therefore,

 

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

do enact as follows:

 

      Section 1.  As used in this act, unless the context otherwise requires:

      1.  “Board” means the board of county commissioners of Churchill County.

      2.  “Capital purpose” means the acquisition of or addition to fixed assets as defined in NRS 354.528.

      3.  “Proceeds” includes:

      (a) The total sale price of the system after paying the expenses of sale; and

      (b) Any remaining balance in the operating fund of the system after paying the final expenses of operation.

      4.  “System” means the telephone system owned by Churchill County on the effective date of this act.

      Sec. 2.  If the system is sold within 3 years after the effective date of this act, the board shall dispose of the proceeds only as provided in this act.

      Sec. 3.  1.  The board shall first set aside the amount necessary to retire the bonds issued for improvement of the system, and shall pay the interest on such bonds, pending their retirement, from the income earned by the fund set aside.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 41 (Chapter 21, SB 16)κ

 

retire the bonds issued for improvement of the system, and shall pay the interest on such bonds, pending their retirement, from the income earned by the fund set aside. Any balance remaining of the fund or its income after the retirement of such bonds shall be invested as provided in subsection 4 and become part of the capital improvement fund.

      2.  The board shall next set aside a sum not to exceed $850,000 for the removal of the existing courthouse, site preparation, design, construction and furnishing of a suitable courthouse for Churchill County to replace the present structure and to include a suitable jail, which sum shall not be used in whole or in part for any other purpose until such courthouse is completed.

      3.  The board shall next set aside a sum not to exceed $400,000, which shall be placed in the county school district buildings and sites fund.

      4.  The board shall invest and may reinvest the remainder of the proceeds in any of the securities permitted for the investment of county funds under chapter 355 of NRS. The sum so invested shall be known as the capital improvement fund, and except as otherwise provided in this act shall be subject to the restrictions of NRS 354.498.

      5.  Any moneys set aside under subsection 2 which remain unexpended upon completion of the courthouse shall be invested as provided in subsection 4 and become part of the capital improvement fund.

      Sec. 4.  The board may use the income from interest on the capital improvement fund for capital purposes and for the retirement of general obligation bonds of Churchill County or Churchill County School District.

      Sec. 5.  To the extent that income restricted to use for capital purposes or bond retirement is not so used during the fiscal year in which it is received, the board may deposit such income in the capital improvement fund for investment and may later withdraw all or any part of such reinvested income for capital purposes in any year without a vote of the people.

      Sec. 6.  In addition to the withdrawals authorized by section 5 of this act and without a vote of the people, the board may at any time withdraw from the capital improvement fund any amount to be used for the retirement of general obligation bonds of Churchill County or Churchill County School District.

      Sec. 7.  1.  Except as provided in sections 5 and 6 of this act, the board may withdraw moneys from the capital improvement fund only if such withdrawal:

      (a) Is for a capital purpose;

      (b) Is approved by the county general obligation bond commission in the manner provided in chapter 350 of NRS for general obligation bonds; and

      (c) Is approved by the registered voters of the county.

      2.  The general obligation bond commission of Churchill County is hereby authorized, in addition to its other duties, to act on such proposals.

      3.  The board shall by resolution designate whether the election on approval shall be consolidated with the next general or primary election or shall be a special election which the board is hereby authorized to call, and fix the date of any such special election.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 42 (Chapter 21, SB 16)κ

 

to call, and fix the date of any such special election. Such election shall be conducted in the manner provided by NRS 350.020 to 350.070, inclusive, for bond elections, except that the notice required by NRS 350.024 shall contain the information required by subsection 4 of this section in lieu of that required by paragraphs (c) to (f), inclusive, of subsection 1 of NRS 350.024.

      4.  The resolution providing for such election shall specify the particular purpose or purposes of the proposed withdrawal, and any moneys withdrawn which are not so used shall revert to the capital improvement fund.

      Sec. 8.  1.  This act shall become effective upon passage and approval.

      2.  If the system is not sold within 3 years after such effective date, this act shall expire by limitation.

 

________

 

 

CHAPTER 22, SB 13

Senate Bill No. 13–Committee on Labor

CHAPTER 22

AN ACT to amend NRS sections 616.580 to 616.590, inclusive, 616.605, 616.615 and 616.620, relating to compensation payable under the Nevada Industrial Insurance Act for permanent total disability, temporary total disability, permanent partial disability and the payment of death benefits and lump sum compensation, by increasing such compensation and benefits; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  NRS 616.580 is hereby amended to read as follows:

      616.580  Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for permanent total disability:

      1.  In cases of total disability adjudged to be permanent, compensation [per month of 65 percent of the average monthly wage;] of $188.50 per month; and, if there be one or more persons residing in the United States dependent upon the workman at the time of the injury, an additional [15 percent] $43.50 per month for each dependent, but not more [per month than 90 percent of the average monthly wage. Any excess of wages over $270 per month shall not be taken into account in computing such compensation.] than $261 per month.

      2.  In cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of $50 per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of NRS 616.410 and 616.415.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 43 (Chapter 22, SB 13)κ

 

workman is receiving hospital care under or pursuant to the provisions of NRS 616.410 and 616.415.

      [3.  Those recipients who have been adjudged to be permanent disability cases, and are receiving $162.50 per month plus dependency allowance shall continue to receive such benefits, and they shall not participate in any increase in benefits resulting from the amendment of subsection 1.]

      Sec. 2.  NRS 616.585 is hereby amended to read as follows:

      616.585  Every employee in the employ of an employer, within the provisions of this chapter, who shall be injured by accident arising out of and in the course of employment, or his dependents as defined in this chapter, shall be entitled to receive the following compensation for temporary total disability:

      1.  During the period of temporary total disability, but in no event for more than 100 months, 65 percent of the average monthly wage; and, if there be one or more persons residing in the United States dependent upon the workman during the time for which compensation is paid, an additional 15 percent for each dependent, but no more than 90 percent of the average monthly wage.

      2.  Any excess of wages over [$325] $350 a month shall not be taken into account in computing such compensation.

      Sec. 3.  NRS 616.590 is hereby amended to read as follows:

      616.590  In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of $60 per month and a maximum of [$110] $120 per month, shall be paid for the period named in the following schedule:

 

Arms.

Amputation at shoulder or between shoulder and elbow, major arm........................................................................................... 60 months

Amputation at shoulder or between shoulder and elbow, minor arm........................................................................................... 50 months

Amputation at elbow, major arm......................................... 56 2/3......................................................................... months

Amputation at elbow, minor arm......................................... 46 2/3......................................................................... months

Amputation between elbow and wrist joint, major arm... 53 1/3......................................................................... months

Amputation between elbow and wrist joint, minor arm... 43 1/3......................................................................... months

The permanent and complete loss of the use of an arm may be deemed the same as the loss of an arm by separation.

For the partial loss of use of an arm, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of an arm, which the partial loss of use thereof bears to the total loss of use of an arm.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 44 (Chapter 22, SB 13)κ

 

Eyes and loss of sight.

For the loss of an eye by enucleation.................................. 50 months

For the permanent and complete loss of sight in one eye without enucleation...................................................................... 40 months

For partial loss of sight, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of sight, which the partial loss thereof bears to the total loss of sight.

 

Feet.

For the loss of a foot............................................................... 40 months

The permanent and complete loss of the use of a foot may be deemed the same as the loss of a foot by separation.

For the partial loss of a foot, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a foot, which the partial loss of use thereof bears to the total loss of use of a foot.

 

Fingers and thumbs.

For the loss of a thumb........................................................... 15 months

For the loss of one-half of the distal phalange of a thumb                  ..................................................................................... 4... months

For the loss of a first finger, commonly called the index finger           ..................................................................................... 9... months

For the loss of one-half of the distal phalange of a first finger            .............................................................................. 2 1/2... months

For the loss of a second finger............................................... 7    months

For the loss of one-half of a distal phalange of a second finger         .............................................................................. 1 1/2... months

For the loss of a third finger................................................... 5    months

For the loss of a fourth finger, commonly called the little finger         ..................................................................................... 4... months

The permanent and complete loss of the use of a finger or thumb may be deemed the same as the loss of a finger or thumb by separation.

The loss of more than one phalange of the thumb or finger shall be considered as the loss of the entire finger or thumb, but in no case shall the amount received for more than one thumb or finger exceed the amount provided in this section for the loss of a hand.

The loss of a distal or second phalange of the thumb, or the distal or third phalange of the first, second, third or fourth finger shall be considered a permanent partial disability and equal to the loss of one-half of such thumb or finger, and compensation shall be one-half of the amount specified for the loss of the entire thumb or finger.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 45 (Chapter 22, SB 13)κ

 

the amount specified for the loss of the entire thumb or finger.

For the partial loss of use of a finger or thumb, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a finger or thumb, which the partial loss of use thereof bears to the toal loss of use of a finger or thumb.

 

Hands.

Amputation of major hand at wrist..................................... 50 months

Amputation of minor hand at wrist..................................... 40 months

The permanent and complete loss of the use of a hand may be deemed the same as the loss of a hand by separation.

For the partial loss of use of a hand, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a hand, which the partial loss of use thereof bears to the total loss of use of a hand.

 

Head and facial disfigurement.

For permanent disfigurement about the head or face the commission may allow such sum for compensation thereof as it may deem just in accordance with the proof submitted, for a period not to exceed 12 months.

 

Hearing.

For permanent and complete loss of hearing in both ears                    .................................................................................. 60... months

For permanent and complete loss of hearing in one ear                  20......................................................................... months

For partial loss of hearing, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for complete loss of hearing, which the partial loss thereof bears to the total loss of hearing.

 

Legs.

For the loss of a leg.................................................................. 50 months

The permanent and complete loss of the use of a leg may be deemed the same as the loss of a leg by separation.

For the partial loss of use of a leg, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use thereof bears to the total loss of use of a leg.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 46 (Chapter 22, SB 13)κ

 

Toes.

For the loss of a great toe....................................................... 7    months

For the loss of one of the other toes, other than the great toes            .............................................................................. 2 1/2... months

The loss of the first phalange of any toe shall be considered to be equal to the loss of one-half of such toe and compensation shall be one-half of the amount specified.

The loss of more than one phalange shall be considered as the loss of the entire toe.

The permanent and complete loss of the use of a toe may be deemed the same as the loss of a toe by separation.

For the partial loss of use of a toe, 50 percent of the average monthly wage during that proportion of the number of months provided in this section for the complete loss of use of a toe, which the partial loss of use thereof bears to the total loss of use of a toe.

 

      Sec. 4.  NRS 616.605 is hereby amended to read as follows:

      616.605  1.  In all cases of permanent partial disability not otherwise specified in NRS 616.590, 616.595 and 616.600, the percentage of disability to the total disability shall be determined by the commission. For the purpose of computing compensation for a disability that is partial in character but permanent in quality the period of 1 month shall represent a 1-percent disability, and, in addition to the compensation paid for temporary total disability, compensation of 50 percent of the average monthly wage, subject to a minimum of $60 per month and a maximum of [$100] $120 per month, shall be paid for the period so determined.

      2.  In determining the percentage of disability, consideration shall be given, among other things, to any previous disability, the occupation of the injured employee, the nature of the physical injury, and the age of the employee at the time of the injury.

      3.  Where there is a previous disability, as the loss of one eye, one hand, one foot, or any other previous permanent disability, the percentage of disability for a subsequent injury shall be determined by computing the percentage of the entire disability and deducting therefrom the percentage of the previous disability as it existed at the time of the subsequent injury.

      4.  The commission may adopt a schedule for rating permanent disabilities and reasonable and proper rules to carry out the provisions of this section.

      Sec. 5.  NRS 616.615 is hereby amended to read as follows:

      616.615  If an injury by accident arising out of and in the course of employment causes the death of an employee in the employ of an employer, within the provisions of this chapter, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:

      1.  Burial expenses. In addition to the compensation payable under this chapter, burial expenses not to exceed $650.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 47 (Chapter 22, SB 13)κ

 

under this chapter, burial expenses not to exceed $650. When the remains of the deceased employee and the person accompanying the remains are to be transported to a mortuary or mortuaries, the charge of transportation shall be borne by the commission, subject to its approval, provided, such transportation shall not be beyond the continental limits of the United States.

      2.  Widow without children. To the widow, if there is no child, 50 percent of the average monthly wage of the deceased. This compensation shall be paid until her death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      3.  Widower without children. To the widower, if there is no child, 40 percentage of the average monthly wage of the deceased employee, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      4.  Widow or widower with children.

      (a) To the widow or widower, if there is a child or children, the compensation payable under subsection 1 and subsection 2, and the additional amount of 15 percent of such wage for each child until the child reaches the age of 18 years.

      (b) In cases of the subsequent death of the surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to the surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he or they shall reach the age of 18 years; but the total amount payable shall in no case exceed 80 percent of such wage.

      (c) If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to the guardian.

      (d) The compensation payable on account of any child shall cease when he dies, marries or reaches the age of 18 years, or if over 18 years and incapable of self-support, when he becomes capable of self-support.

      5.  Surviving children but no surviving wife or dependent husband. If there be a surviving child or children of the deceased employee under the age of 18 years, but no surviving wife (or dependent husband), then for the support of each child until he reaches the age of 18 years, 30 percent of the average monthly wage of the deceased employee; but the aggregate shall in no case exceed 90 percent of such wage.

      6.  Dependent parents, brothers and sisters. If there be no surviving wife (or dependent husband) or child under the age of 18 years, there shall be paid:

      (a) To a parent, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.

      (b) To both parents, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 50 percent of the average monthly wage of the deceased employee during dependency.

      (c) To each brother or sister until he or she reaches the age of 18 years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 48 (Chapter 22, SB 13)κ

 

years, if wholly dependent for support upon the deceased employee at the time of injury causing his death, 30 percent of the average monthly wage of the deceased employee during dependency.

      (d) The aggregate compensation payable pursuant to paragraphs (a), (b) and (c) of subsection 6 shall in no case exceed 80 percent of the average monthly wage of the deceased employee during dependency.

      7.  Questions of total of partial dependency.

      (a) In all other cases, a question of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury.

      (b) If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the deceased employee to such partial dependents bears to the average monthly wage of the deceased employee at the time of the injury resulting in his death.

      (c) The duration of compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case shall exceed compensation for 100 months.

      8.  Apportionment of death benefit between dependents. Compensation to the widow or widower shall be for the use and benefit of the widow or widower, and of the dependent children, and the commission may, from time to time, apportion such compensation between them in such a way as it deems best for the interest of all dependents.

      9.  Nonresident alien dependents. If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only 50 percent of the amount or amounts specified in this section.

      10.  Excess of wage not considered in computing death benefit. Any excess of wages over [$250] $265 a month shall not be taken into account in computing compensation for death benefits.

      11.  Lump sum settlements not allowed. In cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlement shall be allowed.

      12.  Funeral expenses of dependent dying before expiration of award. In case of the death of any dependent specified in this section before the expiration of the time named in the award, funeral expenses not to exceed $500 shall be paid.

      Sec. 6.  NRS 616.620 is hereby amended to read as follows:

      616.620  Except as provided by subsection 11 of NRS 616.615, the commission may, in its discretion, allow the conversion of the compensation provided for in this chapter into a lump sum payment not to exceed [$10,000,] $12,000, under such rules and regulations and system of computation as the commission may deem proper, except that such sum shall be computed and paid without discount for present worth or deduction of other penalties.

      Sec. 7.  This act shall become effective on July 1, 1966.

 

________

 

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 49κ

 

CHAPTER 23, SB 11

Senate Bill No. 11–Committee on Aviation, Transportation and Highways

CHAPTER 23

AN ACT to amend the County Motor Vehicle Fuel Tax Law, being chapter 373 of NRS, by amending NRS sections 373.020 to 373.040, inclusive, 373.120 to 373.180, inclusive, 373.210 and 373.220, and adding new sections to such chapter, by extending the provisions of the law to all counties in the state and delineating further powers and otherwise modifying provisions concerning motor vehicle fuel taxes, their collection and disposition, street and highway projects, revenue bonds issued to defray the costs thereof, bonds refunding such outstanding revenue bonds, pledges of and liens on such tax receipts and bond proceeds, and the investment, reinvestment, deposit and other use of such tax receipts and bond proceeds; to ratify, approve and confirm action heretofore taken or purportedly taken in connection therewith; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  NRS 373.020 is hereby amended to read as follows:

      373.020  As used in this chapter, unless the context otherwise requires:

      1.  [“Board” means the board of county commissioners.

      2.  “Commission” means the regional street and highway commission.] “Acquisition” or “acquire” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement (or any combination thereof) of any project, or an interest therein, herein authorized.

      2.  “Board” means the board of county commissioners.

      3.  “City” means an incorporated city or incorporated town.

      4.  “Commission” means the regional street and highway commission.

      5.  “Cost of the project,” or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board may include all or any part of the incidental costs pertaining to the project, including without limitation preliminary expenses advanced by the county from funds available for use therefor or any other source, or advanced by any city with the approval of the county from funds available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county (or any combinations thereof), in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of and interest on the bonds, the filing or recordation of instruments, the costs of emergency loans, construction loans and other temporary loans of not exceeding 3 years appertaining to the project and of the incidental expenses incurred in connection with such loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 50 (Chapter 23, SB 11)κ

 

capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of and interest on the bonds, the filing or recordation of instruments, the costs of emergency loans, construction loans and other temporary loans of not exceeding 3 years appertaining to the project and of the incidental expenses incurred in connection with such loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.

      6.  “Federal securities” means bills, certificates of indebtedness, notes, bonds or similar securities which are direct obligations of, or the principal and interest of which securities are unconditionally guaranteed by, the United States of America.

      7.  “Improvement” or “improve” means the extension, widening, lengthening, betterment, alteration, reconstruction or other major improvement (or any combination thereof) of any project, or an interest therein, herein authorized. “Improvement” or “improve” does not include renovation, reconditioning, patching, general maintenance or other minor repair.

      8.  “Project” means street and highway construction, including without limitation the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including without limitation grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators, and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including without limitation the acquisition and improvement of all types of property therefor.

      9.  “Town” means an unincorporated town or city.

      Sec. 2.  NRS 373.030 is hereby amended to read as follows:

      373.030  In any county [having a population of 25,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce,] for all or part of which a streets and highways plan [embracing the territory of more than one municipal corporation] has been adopted by the county or regional planning commission, the board [of county commissioners] may by ordinance:

      1.  Create a regional street and highway commission; and

      2.  Impose a tax on motor vehicle fuel as provided in this chapter.

      Sec. 3.  NRS 373.040 is hereby amended to read as follows:

      373.040  1.  [The] In counties having a population of 25,000 or more, as determined by the last preceding national census of the Bureau of the Census of the United States Department of Commerce, the commission shall be composed of representatives selected as follows:

      (a) Two by the board. [of county commissioners.]

      (b) Two by the governing body of the largest city.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 51 (Chapter 23, SB 11)κ

 

      (c) One by the governing body of each additional [incorporated] city [or town] in the county.

      2.  In counties having a population of less than 25,000 as so determined, the commission shall be composed of representatives selected as follows:

      (a) If the county contains a city:

             (1) Two by the board.

             (2) One by the governing body of the largest city.

      (b) If the county contains no city, the board shall select:

             (1) Two members of the board; and

             (2) One representative of the public, who shall be a resident of the largest town, if any, in the county.

      3.  The first representative shall be selected within 30 days after passage of the ordinance creating the commission, and shall serve until the next-ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance shall be selected within 30 days after the first meeting of the governing body, and shall serve until the next-ensuing December 31 of an even-numbered year. Their successors shall serve for terms of 2 years, and vacancies shall be filled for the unexpired term.

      Sec. 4.  NRS 373.120 is hereby amended to read as follows:

      373.120  [No county motor vehicle fuel tax ordinance shall be repealed until all obligations for which the revenues from it have been pledged, pursuant to this chapter, have been discharged in full, but the board of county commissioners may at any time dissolve the commission and provide that no further obligations shall be incurred.] 1.  No county motor vehicle fuel tax ordinance shall be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued hereunder or other obligations incurred hereunder, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues, pursuant to this chapter, have been discharged in full, but the board may at any time dissolve the commission and provide that no further obligations shall be incurred thereafter.

      2.  The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030 of the proceeds of the motor vehicle fuel taxes collected thereunder, shall not be repealed nor amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued hereunder or other obligations incurred hereunder, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds, pursuant to this chapter, have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations shall be incurred thereafter.

      Sec. 5.  NRS 373.130 is hereby amended to read as follows:

      373.130  1.  Funds for [street and highway construction] the payment of the cost of a project within the area embraced by the streets and highways plan described in NRS 373.030 may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 [.]

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 52 (Chapter 23, SB 11)κ

 

issuance of revenue bonds and other revenue securities as provided in subsection 2 [.] of this section, or, subject to any pledges, liens and other contractual limitations made hereunder, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented in NRS 373.150 by the provisions for direct distribution for any area not embraced by such plan, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Funds for street and highway construction outside [such area] the area embraced by such plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.

      2.  [The board of county commissioners may, after the enactment of an ordinance as authorized by NRS 373.030, from time to time issue revenue bonds, which shall not be a general obligation of the county or a charge on any real estate therein but which may be secured as to principal and interest by a pledge of the receipts from the tax authorized by this chapter, except such portion of such receipts as may be required for the direct distributions authorized by NRS 373.150.] The board may, after the enactment of an ordinance as authorized by NRS 373.030, from time to time issue revenue bonds and other revenue securities, on the behalf and in the name of the county:

      (a) The total of all of which, issued and outstanding at any one time, shall not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the tax imposed pursuant to the provisions of NRS 373.030; and

      (b) Which shall not be general obligations of the county or a charge on any real estate therein; but

      (c) Which may be secured as to principal and interest by a pledge authorized by this chapter of the receipts from the motor vehicle fuel taxes herein designated, except such portion of such receipts as may be required for the direct distributions authorized by NRS 373.150.

      3.  A county is authorized to issue bonds in such manner and with such terms as herein provided.

      4.  A county is authorized to issue revenue securities other than bonds, pursuant to subsection 2 of this section, as follows:

      (a) To borrow money as an emergency loan, construction loan or other temporary loan for any period not exceeding 3 years, and to evidence the obligation so incurred by the issuance of notes or debentures as provided in subsections 5 and 6 of this section.

      (b) To borrow money and to evidence the obligation so incurred by the issuance of temporary bonds pending the preparation of definitive bonds to be exchanged therefor when prepared.

      5.  Notes, debentures and temporary bonds, except as herein otherwise provided, may be negotiable or nonnegotiable, and otherwise in such form as the board may determine.

      6.  Except for:

      (a) Any notes or debentures which are funded with the proceeds of bonds pursuant to section 21 of this amendatory act;

      (b) Any temporary bonds which are exchanged for definitive bonds pursuant to subsection 4 of this section;

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 53 (Chapter 23, SB 11)κ

 

      (c) Any bonds which are reissued pursuant to NRS 373.160 or which are refunded pursuant to sections 13 to 20, inclusive, of this amendatory act; and

      (d) The use of any profit from any investment and reinvestment pursuant to section 12 of this amendatory act or otherwise for the payment of any bonds or other securities issued hereunder,

all bonds and other securities issued hereunder shall be payable solely from the proceeds of motor vehicle fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by this chapter, except for any proceeds of the excise tax of one-half cent per gallon levied on motor vehicle fuel by NRS 365.180. Receipts of the tax levied in NRS 365.190 and accounted for in the general road fund of the county may be used by the county for the payment of securities issued hereunder and may be pledged therefor. If during any period any securities payable from such tax proceeds are outstanding, such tax receipts shall not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time such tax receipts are so apportioned, provision has been duly made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as the same become due, as provided in the securities, the ordinance authorizing their issuance, and any other instrument appertaining to the securities.

      7.  The ordinance authorizing the issuance of any bond or other revenue security hereunder shall describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. Nothing herein contained shall be construed as requiring the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, nor as preventing the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to such approval by the commission of the project as so modified.

      Sec. 6.  NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of an ordinance as authorized in NRS 373.030, all street and highway construction projects in the county which are proposed to be financed from the county motor vehicle fuel tax shall be first submitted to the regional street and highway commission.

      2.  Where the project is within the area covered by the streets and highways plan described in NRS 373.030, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed construction to other projects already constructed or authorized;

      (c) The relative need for the project in comparison with others proposed; and

      (d) The funds available.

If the commission approves the project, the board [of county commissioners] may authorize [its construction, using the proceeds of revenue bonds issued or to be issued as provided in NRS 373.130.] the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter (except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities, or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160) and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 54 (Chapter 23, SB 11)κ

 

using all or any part of the proceeds of the county motor vehicle fuel tax authorized by this chapter (except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities, or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160) and the proceeds of revenue bonds or other securities issued or to be issued as provided in NRS 373.130. If the board authorizes the project the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project shall be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by the streets and highways plan described in NRS 373.030.

      3.  Where the project is outside the area covered by the plan, the commission shall evaluate it in terms of:

      (a) Its relation to the streets and highways plan;

      (b) The relation of the proposed construction to other projects constructed or authorized;

      (c) The relative need for the proposed construction in relation to others proposed by the same [political subdivision; and] city or town; and

      (d) The availability of funds.

If the commission approves the project, the board [of county commissioners] shall direct the county treasurer to distribute the sum approved to the [political subdivision] city or town requesting the project, in accordance with NRS 373.150.

      Sec. 7.  NRS 373.150 is hereby amended to read as follows:

      373.150  1.  Any [political subdivision which is authorized by law to expend money for the construction of streets or highways and] city or town whose territory is not included wholly or in part in the streets and highways plan described in NRS 373.030 may receive a distribution in aid of an approved construction project from the regional street and highway fund, which shall not exceed the amount allocated to such [subdivision] city or town under subsection 2.

      2.  The share of revenue from the county motor vehicle fuel tax allocated to each such [political subdivision] city or town shall be in the proportion which its total assessed valuation bears to the total assessed valuation of the entire county. Any amount so allocated which is not distributed currently in aid of an approved project shall remain in the fund to the credit of that [political subdivision.] city or town.

      Sec. 8.  NRS 373.160 is hereby amended to read as follows:

      373.160  [The resolution or resolutions providing for the issuance of any bonds payable from the receipts from the tax authorized by this chapter may at the discretion of the board contain covenants as to:

      1.  The creation and maintenance of reserves or sinking funds and the regulation, use and disposition thereof.

      2.  Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on the bonds or on the coupons thereof.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 55 (Chapter 23, SB 11)κ

 

under this chapter may bring any suit or action on the bonds or on the coupons thereof.

      3.  The issuance of other or additional bonds or instruments payable from or constituting a charge against such receipts, and the priority of liens against such receipts.

      4.  The terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived.

      5.  The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations.

      6.  The vesting in a trustee or trustees of the right to enforce any covenants made to secure, to pay, or in relation to, the bonds; as to the powers and duties of the trustee or trustees, and the limitation of liabilities thereof; and as to the terms and conditions upon which the holders of the bonds or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed thereby.

      7.  A procedure by which the terms of any resolution authorizing bonds, or any other contract with bondholders, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated; and as to the amount of bonds, which the holders thereof must consent to, and the manner in which consent may be given.] The ordinance or ordinances providing for the issuance of any bonds or other securities issued hereunder payable from the receipts from the motor vehicle fuel excise taxes herein designated may at the discretion of the board contain covenants or other provisions as to:

      1.  The creation and maintenance of reserves or sinking funds and the regulation, use and disposition thereof.

      2.  Events of default and the rights and liabilities arising thereupon, and the terms and conditions upon which the holders of bonds issued under this chapter may bring any suit or action on the bonds or on the coupons thereof.

      3.  The pledge of and the creation of a lien upon the receipts of the tax collected for the county hereunder (excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150) or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued hereunder.

      4.  If the board determines in any ordinance authorizing the issuance of any bonds or other securities hereunder that the proceeds of the tax levied and collected pursuant to the County Motor Vehicle Fuel Tax Law are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board may additionally secure the payment of any bonds or other securities issued pursuant to ordinance hereunder by a pledge of and the creation of a lien upon not only the proceeds of any motor fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of NRS 373.130, but also the proceeds of any such tax thereafter authorized to be used or pledged or used and pledged for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof, except for any proceeds of the excise tax of one-half cent per gallon levied on motor vehicle fuel by NRS 365.180.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 56 (Chapter 23, SB 11)κ

 

thereafter authorized to be used or pledged or used and pledged for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof, except for any proceeds of the excise tax of one-half cent per gallon levied on motor vehicle fuel by NRS 365.180.

      5.  The pledges and liens authorized by subsections 3 and 4 of NRS 373.160 shall extend to the proceeds of any tax collected for use by the county on any motor vehicle fuel so long as any bonds or other securities issued hereunder remain outstanding and shall not be limited to any type or types of motor vehicle fuel in use when the bonds or other securities shall be issued. Revenues pledged for the payment of any securities, as received by the county, shall immediately be subject to the lien of each such pledge without any physical delivery thereof, any filing, or further act, and the lien of each such pledge and the obligation to perform the contractual provisions made in the authorizing ordinance or other instrument appertaining thereto shall have priority over any or all other obligations and liabilities of the county, except as may be otherwise provided herein or in such ordinance or other instrument, and subject to any prior pledges and liens theretofore created; and the lien of each such pledge shall be valid and binding as against all persons having claims of any kind in tort, contract or otherwise against the county irrespective of whether such persons have notice thereof.

      6.  The issuance of other or additional bonds or other securities payable from or constituting a charge against such receipts of taxes authorized by this chapter, and, if pledged for the payment of the bonds or other securities authorized by the ordinance, the receipts by the county of any motor vehicle fuel tax authorized by any law other than this chapter, and the priority of liens against such receipts.

      7.  The terms and conditions upon which any or all of the bonds or other securities shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived.

      8.  The rights, liabilities, powers and duties arising upon the breach by it of any covenants, conditions or obligations.

      9.  The vesting in a trustee or trustees of the right to enforce any covenants made to secure, to pay, or in relation to, the bonds or other securities; as to the powers and duties of the trustee or trustees, and the limitation of liabilities thereof; and as to the terms and conditions upon which the holders of the bonds or other securities or any proportion or percentage of them may enforce any covenants made under this chapter or duties imposed thereby.

      10.  A procedure by which the terms of any ordinance authorizing bonds or other securities, or any other contract with holders of bonds or other securities, including, but not limited to, an indenture of trust or similar instrument, may be amended or abrogated; and as to the amount of bonds or other securities, which the holders thereof must consent to, and the manner in which consent may be given.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 57 (Chapter 23, SB 11)κ

 

      11.  The payment with proceeds of bonds or other securities of the cost of the project.

      12.  The application of any accrued interest and any premium from the sale of any bonds or other securities hereunder to the cost of the project, to any bond fund or other fund or account for the payment of interest on or the principal of the bonds or other securities, or both interest and principal, or to any reserve fund therefor, or any combination thereof.

      13.  The registration of the bonds or other securities for payment as to principal only, or as to both principal and interest, at the option of any holder of a bond or other security, or for registration for payment only in either manner designated.

      14.  The endorsement of payments of interest on the bonds or other securities or for reconverting the bonds or other securities into coupon bonds or other coupon securities, or both for such endorsement and such reconversion, where any bond or other security is registered for payment as to interest.

      15.  The endorsement of payments of principal on the bonds or other securities, where any bond or other security is registered for payment as to principal.

      16.  The initial issuance of one or more bonds or other securities aggregating the amount of the entire issue or any portion thereof.

      17.  The manner and circumstances in and under which any such bond or other security may in the future, at the request of the holder thereof, be converted into bonds or other securities of smaller denominations, which bonds or other securities of smaller denominations may in turn be either coupon bonds or other coupon securities or bonds or other securities registered for payment, or coupon bonds or other coupon securities with provisions for registration for payment.

      18.  The reissuance of any outstanding bond or other security, and the terms and conditions thereof, whether destroyed, stolen, lost, mutilated, or for any other reason.

      19.  The temporary investment and any reinvestment of proceeds of bonds or other securities or motor vehicle tax receipts, or both such proceeds and receipts, in federal securities, and limitations appertaining thereto.

      20.  The deposit of moneys with and securing their repayment by any banking institution within or without this state.

      Sec. 9.  NRS 373.170 is hereby amended to read as follows:

      373.170  The [resolution or resolutions providing for the issuance of such bonds may contain] ordinance or ordinances may provide for the issuance of such bonds or other securities containing a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and the regularity of their issuance.

      Sec. 10.  NRS 373.180 is hereby amended to read as follows:

      373.180  1.  The bonds shall:

      (a) Be of convenient denominations.

      (b) Be negotiable in form.

      (c) Mature serially in regular numerical order at annual or other designated intervals in substantially equal amounts of principal and interest, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 30 years from the date.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 58 (Chapter 23, SB 11)κ

 

interest, or in amounts otherwise designated and fixed by the board, commencing not later than 3 years from the date of the bonds and ending not later than 30 years from the date.

      (d) Bear interest at the rate of not more than 5 percent per annum, the interest on each bond to be payable annually, semiannually, or at other designated intervals [.] ; but the first interest payment date may be for interest accruing for any period not exceeding 1 year.

      (e) Be made payable in lawful money of the United States, at such place or places within or without the State of Nevada as may be provided by the board.

      (f) Have interest coupons attached in such manner that they can be removed upon the payment of the installments of interest without injury to the bonds [.] , except as herein otherwise provided.

      2.  Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached.

      3.  [The bonds and coupons shall be signed by the chairman of the board and countersigned by the county treasurer, and they shall be authenticated by the official seal of the county. Facsimile signatures may be used on the coupons.

      4.  The board may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premiums as may be determined by the board in the resolution authorizing the issuance of the bonds.] The bonds shall be signed by the chairman of the board, attested by the county clerk, and countersigned by the county treasurer. The bonds shall be authenticated by the official seal of the county. The coupons shall be signed by the county treasurer. Facsimile signatures may be used on the coupons.

      4.  Any bond may be executed as provided in the Uniform Facsimile Signatures of Public Officials Act. (A compliance therewith is not a condition precedent to the execution of any coupon with a facsimile signature.)

      5.  The bonds and coupons, bearing the signatures of the officers in office at the time of the signing thereof, shall be the valid and binding obligations of the county, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.

      6.  Any officer authorized or permitted to sign any bond or coupons, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto, or upon both the bond and such coupons.

      7.  The board may provide for the redemption of any or all of the bonds prior to maturity, upon such terms and upon the payment of such premium as may be determined by the board in the ordinance authorizing the issuance of the bonds.

      Sec. 11.  Chapter 373 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 21, inclusive, of this act.

      Sec. 12.  The board may cause to be invested and reinvested any motor vehicle tax proceeds and any proceeds of bonds or other securities issued hereunder in federal securities and may cause such proceeds to be deposited in any banking institution within or without this state and secured in such manner and subject to such terms and conditions as the board may determine, with or without the payment of any interest on such deposit, including without limitation time deposits evidenced by certificates of deposit.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 59 (Chapter 23, SB 11)κ

 

be deposited in any banking institution within or without this state and secured in such manner and subject to such terms and conditions as the board may determine, with or without the payment of any interest on such deposit, including without limitation time deposits evidenced by certificates of deposit. Any federal securities and any such certificates of deposit thus held may, from time to time, be sold and the proceeds may be so reinvested or redeposited as provided in this section 12. Sales and redemptions of any federal securities and such certificates of deposit thus held shall, from time to time, be made in season so that the proceeds may be applied to the purposes for which the money with which the federal securities and certificates of deposit were originally acquired was placed in the treasury of the county.

      Sec. 13.  Any revenue bonds issued pursuant to this chapter may be refunded by the county, but subject to provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, pursuant to an ordinance or ordinances to be adopted by the board, to refund, pay and discharge all or any part of such outstanding bonds, including any interest thereon in arrears, or about to become due for any period not exceeding 3 years from the date of the refunding bonds, or for the purpose of reducing interest costs or effecting other economies, or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds, or to any project appertaining thereto, or any combination thereof.

      Sec. 14.  Any bonds issued for refunding purposes may either be delivered in exchange for the outstanding bonds being refunded or may be publicly or privately sold.

      Sec. 15.  No bonds may be refunded under this chapter unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within 10 years from the date of issuance of the refunding bonds. Provision shall be made for paying the public securities within such period of time. No maturity of any bond refunded may be extended over 15 years, nor may any interest thereon be increased to any rate exceeding 5 percent per annum. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of the refunding bonds. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for their payment.

      Sec. 16.  1.  The proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded or be placed in escrow or trust in any state or national bank within this state which is a member of the Federal Deposit Insurance Corporation to be applied to the payment of the refunded bonds upon their presentation therefor; but to the extent any incidental expenses have been capitalized, such bond proceeds may be used to defray such expenses; and any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest thereon and the principal thereof, or both interest and principal, or may be deposited in a reserve therefor, as the board may determine.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 60 (Chapter 23, SB 11)κ

 

accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest thereon and the principal thereof, or both interest and principal, or may be deposited in a reserve therefor, as the board may determine.

      2.  Any such escrow or trust shall not necessarily be limited to proceeds of refunding bonds but may include other moneys available for its purpose. Any proceeds in escrow or trust, pending such use, may be invested or reinvested in federal securities. Any bank accounting for federal securities in such escrow or trust may place them for safekeeping wholly or in part with another commercial bank or trust company within or without this state and authorized to exercise and exercising trust powers, including without limitation any branch of the Federal Reserve Bank. Any bank shall continuously secure the moneys placed in escrow or trust and not so invested in federal securities, if any, by a pledge with another commercial bank or trust company within or without this state and authorized to exercise and exercising trust powers, including without limitation any branch of the Federal Reserve Bank, of federal securities in an amount at all times at least equal to the total uninvested amount of such moneys accounted for in such escrow or trust. Such proceeds and investments in escrow or trust, together with any interest or other gain to be derived from any such investment, shall be in an amount at all times sufficient to pay principal, interest, any prior redemption premiums due, and any charges of the escrow agent or trustee payable therefrom, as they become due at their respective maturities or due at designated prior redemption date or dates in connection with which the board shall exercise a prior redemption option. Any purchaser of any bond issued under this chapter shall in no manner be responsible for the application of the proceeds thereof by the county or any of its officers, agents or employees.

      Sec. 17.  Refunding bonds may be made payable from any revenues derived from any motor vehicle tax receipts, or other source or sources which might be legally pledged for the payment of the bonds being refunded at the time of the refunding or at the time of the issuance of the bonds being refunded, as the board may determine, notwithstanding the pledge of such revenues for the payment of the outstanding bonds being refunded is thereby modified.

      Sec. 18.  Bonds for refunding and bonds for any other purpose or purposes authorized herein may be issued separately or issued in combination in one series or more by the county.

      Sec. 19.  Except as in sections 13 to 20, inclusive, of this act expressly provided or necessarily implied, the relevant provisions in this chapter appertaining generally to the issuance of bonds to defray the cost of a project herein authorized shall be equally applicable in the authorization and issuance of refunding bonds, including their terms and security, the covenants and other provisions of the ordinance authorizing the issuance of the bonds, and other aspects of the bonds.

      Sec. 20.  The determination of the board that the limitations under this chapter imposed upon the issuance of refunding bonds have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion, regardless of whether the ordinance contains a recital as authorized by NRS 373.170.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 61 (Chapter 23, SB 11)κ

 

      Sec. 21.  Any securities other than bonds issued pursuant to NRS 373.130 may be paid with the proceeds of any motor vehicle fuel taxes collected by or remitted to the county, subject to any existing pledges or other contractual limitations appertaining thereto, except for any proceeds of the excise tax of one-half cent per gallon levied on motor vehicle fuel by NRS 365.180, or may be funded with the proceeds of bonds issued hereunder as a cost of the project.

      Sec. 22.  NRS 373.210 is hereby amended to read as follows:

      373.210  Bonds and other [evidence of indebtedness issued under the provisions of this chapter] securities issued under the provisions of this chapter, their transfer, and the income therefrom, shall forever be and remain free and exempt from taxation by this state or any subdivision thereof.

      Sec. 23.  NRS 373.220 is hereby amended to read as follows:

      373.220  It shall be legal for the State of Nevada and any of its departments or political subdivisions, or any political or public corporation, or any instrumentality of the State of Nevada, to invest funds or moneys in their custody in any of the bonds or other securities authorized to be issued pursuant to the provisions of this chapter.

      Sec. 24.  1.  All outstanding bonds and other securities of any county designated in section 4 of chapter 470, Statutes of Nevada 1965, all motor vehicle fuel taxes levied or purportedly levied, and all other acts and proceedings heretofore had or taken, or purportedly had or taken, by or on behalf of any such county under law or under color of law preliminary to and in the authorization, execution, sale, issuance and payment (or any combination thereof) of all such bonds and other securities are hereby validated, ratified, approved and confirmed, including but not necessarily limited to the terms, provisions, conditions and covenants of any resolution or ordinance appertaining thereto, the redemption of bonds before maturity and provisions therefor, the levy and collection of any such excise taxes and any other revenues appertaining to such bonds and other securities, and the acquisition and application of such taxes and other revenues, the pledge and use of the proceeds thereof, the establishment of liens thereon and accounts and funds therefor, and the incurrence of obligations defrayed or to be defrayed with the proceeds of such bonds or other securities, and appertaining to such bonds and other securities, except as hereinafter provided, notwithstanding any lack of power, authority, or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in such bonds, other securities, taxes, acts and proceedings, and in such authorization, execution, sale, issuance and payment, including without limitation such acts and proceedings appertaining to such bonds and other securities all or any part of which have heretofore not been issued nor purportedly issued.

      2.  Such outstanding bonds and other securities are and shall be, and such bonds and other securities heretofore not issued nor purportedly issued shall be, after their issuance, binding, legal, valid and enforcible obligations of such county issuing them in accordance with their terms and their authorizing proceedings, subject to the taking or adoption of acts and proceedings heretofore not had nor taken, nor purportedly had nor taken, but required by and in substantial and due compliance with chapter 373 of NRS, as hereby amended, and appertaining to any such bonds and other securities heretofore not issued nor purportedly issued.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 62 (Chapter 23, SB 11)κ

 

purportedly had nor taken, but required by and in substantial and due compliance with chapter 373 of NRS, as hereby amended, and appertaining to any such bonds and other securities heretofore not issued nor purportedly issued.

      Sec. 25.  1.  This act shall operate to supply such legislative authority as may be necessary to validate any bonds and other securities heretofore issued, any motor vehicle fuel taxes heretofore levied, and any such acts and proceedings heretofore taken which the legislature could have supplied or provided for in the law under which such bonds and other securities were issued, such excise taxes were levied, and such acts or proceedings were taken.

      2.  This act, however, shall be limited to the validation of bonds, taxes, acts and proceedings to the extent to which the same can be effectuated under the state and federal constitutions.

      3.  Also this act shall not operate to validate, ratify, approve, confirm or legalize any bond, other security, tax, act, proceeding or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.

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

 

________

 

 

CHAPTER 24, SB 9

Senate Bill No. 9–Committee on Education and State University

CHAPTER 24

AN ACT to amend NRS section 385.170, relating to the salary of the superintendent of public instruction, by increasing the maximum limit of such salary.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  NRS 385.170 is hereby amended to read as follows:

      385.170  The state board of education shall fix the annual salary of the superintendent of public instruction, which salary shall not exceed [$14,400.] $20,000.

      Sec. 2.  This act shall become effective July 1, 1966.

 

________

 

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 63κ

 

CHAPTER 25, SB 5

Senate Bill No. 5–Committee on Finance

CHAPTER 25

AN ACT making additional and supplemental appropriations from the general fund in the state treasury for the support of the state department of education, the University of Nevada, the department of health and welfare, the Nevada state prison, the state department of conservation and natural resources and the state board of examiners emergency fund for the fiscal years commencing July 1, 1965, and ending June 30, 1966, and commencing July 1, 1966, and ending June 30, 1967; providing details concerning expenditures, work programs, transfers and the reversion of unexpended balances; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  State Department of Education.

      1.  For the fiscal year ending June 30, 1966, there is hereby appropriated from the general fund in the state treasury the sum of $96,024 as an additional and supplemental appropriation to that allowed and made by section 20 of chapter 489, Statutes of Nevada 1965, for the support of the state department of education for the purpose of providing public school teachers’ retirement benefits.

      2.  For the fiscal year commencing July 1, 1966, and ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury, as additional and supplemental appropriations to those allowed and made by section 20 of chapter 489, Statutes of Nevada 1965, for the support of the state department of education:

      (a) The sum of $43,906 for providing public school teachers’ retirement benefits.

      (b) The sum of $32,635 for the care of deaf, dumb and blind.

      3.  Notwithstanding any other provisions of this act, the moneys appropriated by subsection 1 and paragraph (a) of subsection 2 of this section shall be available for both fiscal years, 1965-1966 and 1966-1967, and may be transferred from one fiscal year to the other with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      Sec. 2.  University of Nevada.  For the fiscal year commencing July 1, 1966, and ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury the sum of $379,524 as an additional and supplemental appropriation to that allowed and made by section 25 of chapter 489, Statutes of Nevada 1965, for the support of the general operation of the University of Nevada.

      Sec. 3.  Department of Health and Welfare.  For the fiscal year commencing July 1, 1966, and ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury, as additional and supplemental appropriations to those allowed and made by section 27 of chapter 489, Statutes of Nevada 1965:

      1.  The sum of $40,300 for the support of the welfare division of the department of health and welfare for the purpose of providing child welfare services.

      2.  The sum of $8,687 for the support of the mental hygiene division of the department of health and welfare for general operation of the Nevada state hospital.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 64 (Chapter 25, SB 5)κ

 

of the department of health and welfare for general operation of the Nevada state hospital.

      Sec. 4.  Nevada State Prison.  For the fiscal year commencing July 1, 1966, and ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury the sum of $194,809 as an additional and supplemental appropriation to that allowed and made by section 28 of chapter 489, Statutes of Nevada 1965, for the support of the Nevada state prison.

      Sec. 5.  State Department of Conservation and Natural Resources.  For the fiscal year commencing July 1, 1966, and ending June 30, 1967, there is hereby appropriated from the general fund in the state treasury the sum of $10,440 as an additional and supplemental appropriation to that allowed and made by section 37 of chapter 489, Statutes of Nevada 1965, for the support of the division of water resources of the state department of conservation and natural resources.

      Sec. 6.  State Board of Examiners Emergency Fund.

      1.  For the fiscal year ending June 30, 1966, there is hereby appropriated from the general fund in the state treasury the sum of $80,546 as an additional and supplemental appropriation to that allowed and made by section 44 of chapter 489, Statutes of Nevada 1965, for the support of the state board of examiners emergency fund.

      2.  If on July 1, 1966, any unexpended balance remains of the money appropriated to the state board of examiners emergency fund by subsection 1 of this section, such unexpended balance shall not revert to the general fund in the state treasury but shall continue as a part of the state board of examiners emergency fund for expenditure pursuant to law.

      Sec. 7.  Expenditures; Work Programs; Transfers.

      1.  The funds herein appropriated shall be:

      (a) Expended in accordance with the allotment, transfer, work program and budget provisions of NRS 353.150 to 353.245, inclusive; and

      (b) Where appropriated for the fiscal year commencing July 1, 1966, work-programmed quarterly for such fiscal year. Work programs may be revised with the approval of the governor upon the recommendation of the chief of the budget division of the department of administration.

      2.  Transfers to and from salary allotments, travel allotments, operating expense allotments, equipment allotments, and other allotments shall be allowed and made in accordance with the provisions of NRS 353.215 to 353.225, inclusive, and after separate consideration of the merits of each request.

      Sec. 8.  Revision of Unexpended Balances.  After June 30, 1967, unexpended balances of the appropriations made by sections 1 to 5, inclusive, of this act shall not be encumbered or committed for expenditure and shall revert to the general fund in the state treasury on September 1, 1967.

      Sec. 9.  Effective Date.  This act shall become effective upon passage and approval.

 

________

 

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 65κ

 

CHAPTER 26, AB 17

Assembly Bill No. 17–Committee on Ways and Means

CHAPTER 26

AN ACT authorizing the governor to direct the transfer of moneys previously appropriated for aid to the blind or aid to dependent children during the fiscal year ending June 30, 1966, for the support of old-age assistance and medical assistance for the aged for the fiscal year ending June 30, 1966; imposing certain conditions; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  1.  Notwithstanding the provisions of any other statute, but subject to the provisions of subsection 2, during the fiscal year ending June 30, 1966, upon the recommendation of the chief of the budget division of the department of administration, the governor is authorized to direct the state controller to transfer not to exceed the sum of $51,000 from the moneys appropriated by section 27 of chapter 489, Statutes of Nevada 1965, for aid to the blind or aid to dependent children for the fiscal year ending June 30, 1966, for the support of old-age assistance and medical assistance for the aged for the fiscal year ending June 30, 1966.

      2.  The transfer of moneys authorized by subsection 1 shall not be effected if the result of such transfer would be to reduce the amounts of assistance granted to recipients of aid to the blind or aid to dependent children.

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

 

________

 

 

CHAPTER 27, AB 13

Assembly Bill No. 13–Committee on Taxation

CHAPTER 27

AN ACT to amend chapter 369 of NRS, relating to intoxicating liquor licenses and taxes, by adding a new section defining delinquency in payment; to amend NRS section 369.230, relating to suspension or revocation of intoxicating liquor licenses, by requiring suspension or revocation under certain circumstances; to amend NRS section 369.470, relating to wholesale dealers’ licenses, by permitting sales for cash to delinquent retailers and removing the former definition of delinquency; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  Chapter 369 of NRS is hereby amended by adding thereto a new section which shall read as follows:

      As used in this chapter:

      1.  Except as provided in subsections 2 and 3, a retail liquor store is “delinquent” in payment for wholesale liquors when it has failed to pay for such liquors within 15 days following the end of the calendar month during which such liquors were purchased.

 


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

κ1966 Statutes of Nevada, 12th Special Session, Page 66 (Chapter 27, AB 13)κ

 

to pay for such liquors within 15 days following the end of the calendar month during which such liquors were purchased.

      2.  A retail liquor store is delinquent only when it has failed to pay for wholesale liquors within the time provided by individual contract if:

      (a) The present proprietor assumed the trade accounts payable of a former proprietor before July 1, 1965; or

      (b) The present proprietor assumed the trade accounts payable of a former proprietor after the effective date of this act and the former proprietor whose accounts were assumed, including any person beneficially interested in such proprietorship, has no beneficial interest in the present proprietorship,

and in either case the present proprietor begins within 30 days after the effective date of this act and continues to liquidate such accounts by monthly payments of not less than 25 percent of the amount payable on each account when assumed.

      3.  Where there exists a bona fide dispute between a retail liquor store and any importer or wholesale dealer with respect to the amount of indebtedness existing because of any alleged sale of liquor to such retail liquor store, the retail liquor store may avert a delinquency under this section by:

      (a) Paying any amount due to the importer or wholesale dealer which is not disputed; and

      (b) Giving notice in writing to the importer or wholesale dealer and to the tax commission of the dispute, stating briefly the amount in dispute and the reason therefor.

If upon a subsequent trial or settlement of the dispute the retail liquor store is finally required to pay to the importer or wholesale dealer more than half of the disputed amount, exclusive of any interest or costs, and the importer or wholesale dealer furnishes to the tax commission evidence satisfactory to it of such fact, the retail liquor store shall on demand pay to the tax commission a penalty of 10 percent of the amount in dispute. In default of such payment, or if the retail liquor store fails within 10 days after final judgment or settlement in writing to pay the amount adjudged or agreed to the importer or wholesale dealer, the retail liquor store is then delinquent under this chapter.

      4.  Payment by check, if accepted as a means of payment by the seller, constitutes payment for wholesale liquors within the meaning of this section unless such check is:

      (a) Postdated; or

      (b) Not honored upon presentation for payment.

      5.  As a condition precedent to the exercise of the right to purchase wholesale liquor for cash as provided in NRS 369.230 and 369.470, a retail liquor store which is delinquent under this section shall make monthly payments on the delinquent account of not less than 25 percent of the balance of such account on the date when delinquency first occurred.

      Sec. 2.  NRS 369.230 is hereby amended to read as follows:

      369.230  1.  The board of county commissioners may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the action of any licensee under this chapter, and shall have power to recommend the temporary suspension or permanent revocation of a license for any one of the following acts or omissions:

 

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 67 (Chapter 27, AB 13)κ

 

have power to recommend the temporary suspension or permanent revocation of a license for any one of the following acts or omissions:

      [1.](a) Misrepresentation of a material fact by the applicant in obtaining a license under this chapter; or

      [2.](b) If the licensee violates or causes or permits to be violated any of the provisions of this chapter; or

      [3.](c) If the licensee commits any act which would be sufficient ground for the denial of an application for a license under this chapter; or

      [4.](d) If the licensee sells liquor to a wholesaler or retailer who is not a holder of a proper license or permit at such time; or

      [5.](e) If the licensee fails to pay the excise tax or any penalty in connection therewith, in whole or in part, imposed by law, or violates any rule or regulation of the tax commission respecting the same. [; or

      6.  If the licensee sells liquor to a retail liquor store that is delinquent in its payment for wholesale liquors; or

      7.  Failure of a licensee to report or falsely reporting to the tax commission that a retail liquor store has become delinquent in payment for wholesale liquors.]

      2.  The board of county commissioners shall recommend the suspension or revocation of a license:

      (a) If the licensee sells liquor, except for cash as provided in section 1 of this act, to a retail liquor store which is delinquent in its payment for wholesale liquors; or

      (b) If the licensee fails to report or falsely reports to the tax commission that a retail liquor store has become delinquent in its payment for wholesale liquors.

Where the licensee is not the person to whom the delinquent account is due, his license shall not be suspended or revoked unless it is shown that the sale to a delinquent retail liquor store was made after receipt of a notice of delinquency from the tax commission.

      Sec. 3.  NRS 369.470 is hereby amended to read as follows:

      369.470  1.  Wholesale dealers’ licenses shall permit the holders thereof to sell liquor to wholesalers, retailers and those instrumentalities of the Armed Forces of the United States specified in NRS 369.335 only anywhere in Nevada. Sale by a wholesaler to himself as a retailer is not the transaction of a bona fide wholesale business.

      2.  Wholesale dealers shall not sell liquor, except for cash, to retail liquor stores which become delinquent in payment for wholesale liquors sold to them. [Delinquency of payment shall occur on the 11th day of a particular month following the month of such sales.]

      3.  A wholesaler shall immediately report all such delinquent retail liquor stores to the tax commission and the tax commission shall notify and direct all licensed wholesalers in the state to stop the sale of all wholesale liquors, except for cash, to such delinquent retail liquor stores. A wholesaler shall immediately report to the tax commission any delinquent retail liquor store which fails to make the 25 percent installment payments required by section 1 of this act, and the tax commission shall thereupon notify and direct all licensed wholesalers in the state to stop all sales of wholesale liquors to such store.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 68 (Chapter 27, AB 13)κ

 

      4.  Upon subsequent notification by a wholesaler to the tax commission that full payment has been received from a delinquent retail liquor store, the tax commission shall so advise all wholesalers and give them permission again to sell liquors to such retail liquor stores.

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

 

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CHAPTER 28, AB 9

Assembly Bill No. 9–Committee on Ways and Means

CHAPTER 28

AN ACT making an appropriation from the general fund in the state treasury to the state school construction relief fund.

 

[Approved May 30, 1966]

 

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 state school construction relief fund created pursuant to the provisions of NRS 387.155 the sum of $122,020.

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

 

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CHAPTER 29, AB 8

Assembly Bill No. 8–Committee on Ways and Means

CHAPTER 29

AN ACT appropriating money from the general fund in the state treasury to the state department of conservation and natural resources for the purposes of paying attorneys’ fees and court costs incurred by such department in the acquisition of real and personal property in Washoe and Ormsby Counties, Nevada, for the extension, improvement or development of the state park system; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  The sum of $50,000 is hereby appropriated from the general fund in the state treasury to the state department of conservation and natural resources for the purposes of paying attorneys’ fees and court costs incurred by the department in acquiring real and personal property in the areas of Washoe and Ormsby Counties, Nevada, described in section 2 of chapter 11, Statutes of Nevada 1964, as amended by chapter 121, Statutes of Nevada 1965, at page 219, for the extension, improvement or development of the state park system.

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

 

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κ1966 Statutes of Nevada, 12th Special Session, Page 69κ

 

CHAPTER 30, AB 7

Assembly Bill No. 7–Committee on Ways and Means

CHAPTER 30

AN ACT creating the 1966 state aid to schools emergency fund in the state treasury and making an appropriation thereto from the general fund in the state treasury; providing for distributions from such fund to the school districts of this state during the fiscal year 1966-1967; authorizing the state board of education to make necessary regulations; specifying the uses of such additional moneys; providing that budgets of school districts for the fiscal year 1966-1967 may be amended to reflect receipt of additional moneys pursuant to this act; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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 1966 state aid to schools emergency 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 1966 state aid to schools emergency fund shall be distributed to the school districts of this state by the state board of education during the fiscal year commencing July 1, 1966, and ending June 30, 1967, on the same percentage basis as each school district actually shared in the apportionments of the state distributive school fund made pursuant to law for the fiscal year commencing July 1, 1964, and ending June 30, 1965. Distributions under this subsection shall be payable at the same time as regular apportionments are paid from the state distributive school fund.

      3.  Except as otherwise provided in this subsection all moneys received by school districts pursuant to the provisions of this section shall be deposited in the respective county school district funds and expended for the uses specified in NRS 387.205. In the Clark County School District the board of trustees shall, from such moneys:

      (a) First open, operate and maintain the Southern Nevada Vocational Technical Education Center during the fiscal year ending June 30, 1967; and

      (b) Expend any sum remaining of such moneys for the uses specified in NRS 387.205.

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

      Sec. 2.  Notwithstanding any of the provisions of the Local Government Budget Act or any other law, each school district which receives additional funds pursuant to the provisions of section 1 of this act during the fiscal year ending June 30, 1967, may amended its budget for the fiscal year ending June 30, 1967, 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 1 of this act.

      Sec. 3.  This act shall become effective July 1, 1966.

 

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κ1966 Statutes of Nevada, 12th Special Session, Page 70κ

 

CHAPTER 31, AB 5

Assembly Bill No. 5–Committee on Roads, Transportation and Aviation

CHAPTER 31

AN ACT relating to motor vehicle fuel taxes; to amend NRS sections 365.370, 365.380 and 365.445, relating to refunds of such taxes, by providing for the payment of refund claims, for refunds on fuel consumed by motor vehicles with auxiliary equipment and on fuel used by farmers and ranchers; to amend NRS section 365.565, relating to the distribution of taxes collected on aviation fuel, by removing an erroneous reference; to repeal NRS section 365.415, relating to penalties imposed for and appeals therefrom on illegal refund claims based on altered invoices; and providing other matters properly relating thereto.

 

[Approved May 30, 1966]

 

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

do enact as follows:

 

      Section 1.  NRS 365.380 is hereby amended to read as follows:

      365.380  1.  A claimant for refund shall present to the tax commission a refund claim form accompanied by the original invoices showing the purchase. The refund forms shall state the total amount of such fuel so purchased and used by the consumer otherwise than for the propulsion of motor vehicles and the manner and the equipment in which the claimant has used the same.

      2.  A claimant for refund of tax on motor vehicle fuel purchased and exported from this state shall execute and furnish to the tax commission a certificate of exportation on such form as may be prescribed by the tax commission.

      3.  An invoice to qualify for refund shall contain at least:

      (a) The number of gallons of motor vehicle fuel purchased;

      (b) The price per gallon;

      (c) The total purchase price of the motor vehicle fuel; and

      (d) Such other information as may be prescribed by the tax commission.

      4.  The signature on the refund claim form shall subject the claimant to the charge of perjury for false statements contained on the refund application.

      5.  Daily records shall be maintained and preserved for a period of 3 years for audit purposes of all motor vehicle fuel used. The record shall set forth:

      (a) The piece of equipment being supplied with the fuel;

      (b) The number of gallons of fuel used in each fill; and

      (c) The purpose for which the piece of equipment will be used.

The gasoline fills shall be further classified as to on- or off-highway use. [Any motor vehicle fuel used in any licensed motor vehicle does not qualify for refund.

      6.  In accounting for motor vehicle fuel used for refund purposes direct measures shall be used and estimates are prohibited. Self-propelled vehicles with mounted auxiliary equipment consuming motor vehicle fuel shall only be allowed refunds if a separate motor vehicle fuel tank and a separate motor is used to operate the auxiliary equipment.]

      6.  When a motor vehicle with auxiliary equipment consumes motor vehicle fuel and there is no auxiliary motor or separate tank for such motor, a refund of 20 percent of the tax paid on the fuel used in such vehicle may be claimed without the necessity of furnishing proof of the amount of fuel consumed in the operation of the auxiliary equipment.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 71 (Chapter 31, AB 5)κ

 

vehicle fuel and there is no auxiliary motor or separate tank for such motor, a refund of 20 percent of the tax paid on the fuel used in such vehicle may be claimed without the necessity of furnishing proof of the amount of fuel consumed in the operation of the auxiliary equipment. Where claims for refund exceed 20 percent the tax commission shall, by rule and regulation, establish uniform refund provisions for the respective classes of users.

      7.  No person may be granted a refund of motor vehicle fuel taxes for off-highway use when such consumption takes place on highways constructed and maintained by public funds, on federal proprietary lands or reservations where the claimant has no ownership or control over such land or highways, except when such person is under a contractual relationship with the Federal Government or one of its agencies and is engaged in the performance of his duties pursuant to such relationship. Employment of an individual by the Federal Government or any of its agencies does not constitute a contractual relationship for the purpose of this subsection.

      8.  When in the opinion of the tax commission it would be beneficial to the state for a refund claimant to become a licensed dealer, such claimant may, at the option of the tax commission, be required to become a licensed dealer rather than a refund claimant unless such claimant chooses to claim refunds at the tax rate, less 2 percent.

      Sec. 2.  NRS 365.445 is hereby amended to read as follows:

      365.445  1.  For the purposes of this section, “bulk purchases” means purchases in excess of 50 gallons of [regular] motor vehicle fuel which are not placed directly into the tanks of motor vehicles.

      2.  Any person determined by the tax commission to be a bona fide farmer or rancher, not engaged in other activities which would distort his highway usage, may claim a refund only on the basis of 80 percent of his bulk purchases, without the necessity of maintaining records of use.

      3.  Any farmer or rancher desiring to claim a refund under the provisions of this section must first secure a permit from the tax commission, and such a permit shall bind the permittee to file claims for refunds under the provisions of this section until a request has been made for a change of basis for filing, which request has been approved by the tax commission.

      4.  The tax commission is empowered to issue reasonable rules and regulations to carry out the purposes of this section.

      Sec. 3.  NRS 365.565 is hereby amended to read as follows:

      365.565  The tax derived from motor vehicle fuel used in aircraft shall be distributed, after payment of refund claims [for fuel consumed in commercial aircraft] as provided in NRS 365.370 and 494.043, in the following manner:

      1.  There shall be transferred to the Civil Air Patrol fund, hereby created in the state treasury, from the state airport fund, for the ensuing fiscal year, a sum not to exceed $15,000 or the total amount in such fund, whichever is lesser. The amount so transferred shall be expended for the support of Nevada Wing 96 of the Civil Air Patrol and shall be in addition to and separate from any legislative appropriations made to the Civil Air Patrol fund for the support of Nevada Wing 96 of the Civil Air Patrol.

 


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κ1966 Statutes of Nevada, 12th Special Session, Page 72 (Chapter 31, AB 5)κ

 

Wing 96 of the Civil Air Patrol. Moneys in the Civil Air Patrol fund shall be paid out only upon claims certified by the wing commander and the wing executive officer and approved by the state board of examiners, in the same manner as other claims against the state are paid. Moneys in the Civil Air Patrol fund shall be used only by Nevada Wing 96 of the Civil Air Patrol in carrying out its crash, rescue and emergency operations, and organization and training therefor, and in defraying the cost of headquarters rental and purchase, repair and maintenance of emergency and training equipment. No moneys in the Civil Air Patrol fund shall be expended for the purchase of any aircraft.

      2.  There shall be remitted to the county treasurers of the respective counties such portion of the remaining balance in such fund as is proportional to the excise taxes remitted by dealers or users in such county.

      3.  Such distribution shall be made on July 1, 1966, and on July 1 of each year thereafter.

      Sec. 4.  NRS 365.370 is hereby amended to read as follows:

      365.370  Any person who shall export any motor vehicle fuel from this state, or who shall sell any such fuel to the United States Government for official use of the United States Armed Forces, or who shall buy and use any such fuel for purposes other than in and for the propulsion of motor vehicles, and who shall have paid any tax on such fuel levied or directed to be paid as provided by this chapter, either directly by the collection of such tax by the vendor from such consumer or indirectly by the addition of the amount of such tax to the price of such fuel, shall be reimbursed and repaid the amount of such tax so paid by him except as follows:

      1.  Refund claims shall be [submitted and] paid once every 6 months and the dates for [submission] payment shall be prescribed by classes by the tax commission’s rules and regulations.

      2.  The minimum claim for refund shall be based on at least 200 gallons purchased and used in a 6-month period.

      3.  From the amount of gasoline tax refund due shall be deducted an amount equal to 2 percent of the refund, which shall be deposited in the state highway fund.

      4.  No refund of motor vehicle fuel taxes shall be made for off-highway use of motor vehicle fuel consumed in watercraft in this state for recreational purpose.

      Sec. 5.  NRS 365.415 is hereby repealed.

      Sec. 6.  This act shall become effective upon passage and approval.

 

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