[Rev. 12/19/2019 6:04:06 PM]

Link to Page 360

 

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ê1937 Statutes of Nevada, Page 361 (CHAPTER 163, AB 335)ê

 

deed to lots 18, 19 and 20 in block 48 of the town of Hawthorne, Mineral County, Nevada, as the same appears of record upon the official plat of said town of Hawthorne, the state board of control of the State of Nevada is hereby authorized and directed to make, execute and deliver to Mineral County, in the State of Nevada, a good and sufficient deed to the following-described real estate situated in the town of Hawthorne, Mineral County, Nevada, and now owned by the state:

      All of lots 37 and 38 in block 37 of the town of Hawthorne, county of Mineral, State of Nevada, as the same appears of record upon the official plat of said town of Hawthorne.

      Sec. 2.  This act shall become effective from and after its passage and approval.

Exchange of property between State of Nevada and Mineral County

 

 

 

 

 

In effect

 

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CHAPTER 164, AB 348

[Assembly Bill No. 348–Mr. Rochon]

 

Chap. 164–An Act supplementary to an act entitled “An act to incorporate Carson City,” approved February 25, 1875; providing for the construction, furnishing and equipping of a municipal auditorium and obtaining a site therefor; the submission of the question of creating bonded indebtedness therefor to the qualified electors of said city; the issuance and sale of bonds therefor; the payment thereof by the levy and collection of taxes; the acceptance of federal aid and donations; providing for the regulating, operating and maintenance of said auditorium, and other matters properly connected therewith.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of trustees of the city of Carson City is hereby authorized and empowered to construct, furnish and equip a municipal auditorium within the city limits of Carson City, Nevada, and purchase or acquire a site therefor, all in and for the general public benefit, and to prepare and issue bonds of said city in the sum of forty thousand ($40,000) dollars, or so much thereof as may be necessary for said purpose.

      Sec. 2.  For the purpose set forth in section one of this act and in addition to the forty thousand ($40,000) dollar bond issue therein authorized, the board of trustees of Carson City is hereby authorized and empowered to apply for and accept any federal grant for such public works and any donation of moneys or building site said board of trustees may deem beneficial and to the best interests of said city.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bond issue for municipal auditorium in Carson City

 

Government aid to be solicited


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ê1937 Statutes of Nevada, Page 362 (CHAPTER 164, AB 348)ê

 

 

Special bond election to be called by resolution of board of trustees

 

 

 

 

 

 

 

 

What resolution shall set forth

 

 

 

 

 

 

 

 

 

 

 

Style of ballot

 

Resolution to be published

 

 

Election laws to govern

 

Certificate of election to be issued

      Sec. 3.  Before exercising any power or authority conferred by section 1 of this act, or issuing or selling any of said bonds, the said board of trustees of Carson City shall, by resolution, declare its intention to proceed under the authority of this act and to describe with common certainty the project contemplated and the approximate cost thereof, the total cost not to exceed forty thousand ($40,000) dollars, the amount of said bond issue, in addition to any federal aid applied for or donations of money or lands offered for acceptance, and setting forth therein the total amount of bonds to be issued, and the maximum rate of interest such bonds shall bear and the par value thereof, and shall, in said resolution, submit the question of contracting a bonded indebtedness of said city for said purpose to a vote of the duly qualified electors of the city at a general election of the city trustees, or at a special election therein called for such purpose.

      The said resolution shall be captioned “Notice of Special Bond Election,” and must contain the following:

      First:  The question submitted.

      Second:  The time and place of holding such election; provided, however, the board may select but one polling place within the city.

      Third:  Names of one inspector and two clerks to conduct the same.

      Fourth:  The hours during the day in which the polls will be open.

      Fifth:  Notice of date of close of registration, which shall not be less than ten days before the date of said election.

      Sixth:  The date, amount and denomination of the bonds, the rate of interest, when and where payable, and the number of years, not exceeding twenty from the date of issue, the bonds are to run.

      All persons voting on the question submitted at such election shall vote by separate ballot whereon is placed the question submitted and the words “For the Bonds” and “Against the Bonds,” and instructions to voters.

      Said resolution shall be published for at least once a week for two successive weeks preceding said election in a newspaper printed and published in Carson City, Nevada.

      Except as herein specifically provided, the manner of registration, voting and conducting the election shall be as now provided for by law.

      Upon the ballots being counted and the results of said election ascertained, the inspector and clerks shall issue a certificate of returns of said election, which they shall cause to be filed with the city clerk of Carson City.

      Sec. 4.  Upon the approval by the qualified voters of Carson City, at said special bond election, of the issuance of said bonds, as in this act provided, the board of trustees of Carson City is hereby authorized and empowered to prepare and issue the bonds authorized under section 1 of this act and by said special bond election.


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ê1937 Statutes of Nevada, Page 363 (CHAPTER 164, AB 348)ê

 

of said bonds, as in this act provided, the board of trustees of Carson City is hereby authorized and empowered to prepare and issue the bonds authorized under section 1 of this act and by said special bond election. Said bonds shall be known as “Carson City Municipal Auditorium Bonds,” and the proceeds from the sale thereof shall be used only for the purpose set forth in section 1 of this act.

      Sec. 5.  Said bonds shall be prepared in denominations of five hundred ($500) dollars each and shall be serially in form and maturity, and numbered from one upwards consecutively. They shall be made payable in lawful money of the United States, at the office of the city treasurer of said Carson City, and they shall have interest coupons attached. Each coupon shall be consecutively numbered and shall bear the number of the bond to which it is attached. Said bonds and coupons shall be signed by the president of the board of city trustees and countersigned by the city treasurer and authenticated by the official seal of said city. Facsimile signatures may be used on the coupons. Said bonds shall bear interest in like lawful money of the United States at a rate not exceeding four (4%) percent per annum, payable semiannually on the first days of January and July of each year. Said bonds shall be redeemed and retired consecutively in the order of their issuance; provided, the various annual maturities shall commence not later than the third year after the date of issuance of such bonds, and all such bonds shall be redeemed in annual installments as fixed and determined by said board at the time of issuance; and provided further, that the said bonds, and each of them, shall mature and be redeemed at a time not later than twenty (20) years from the date of issuance.

      Sec. 6.  Said board of trustees is authorized and empowered to issue and negotiate the sale of said bonds to the highest responsible bidder for cash, at a price not less than par value and accrued interest. Notice of sale of said bonds shall be published for at least once a week for two successive weeks preceding the day on which bids will be opened, in a newspaper printed and published in Carson City.

      The proceeds of the sale of bonds shall be placed in the city treasury in a fund to be known as the “Municipal Auditorium Bond Fund,” and shall be used only for the purpose of building, furnishing and equipping said auditorium and obtaining a site therefor, as in this act provided. Payments from said fund shall be made only on claims presented and warrants ordered drawn on the city treasurer as other city claims are presented and warrants ordered drawn.

      Sec. 7.  To provide for the payment of the principal and interest on said bonds, as the same may become due and payable, the board of trustees of Carson City is hereby authorized, empowered and directed and shall levy and collect annually a tax on the assessed value of all property, both real and personal, subject to taxation within the city limits of Carson City, until such bonds and the interest thereon shall have been fully paid, sufficient to provide for the payment of the interest on said bonds and to pay and retire, beginning with bond numbered one and consecutively thereafter, the bonds falling due each year, until all such bonds shall have been redeemed and retired, such tax shall be levied and collected, and the proceeds thereof shall be kept by the city treasurer in a special fund to be known as “Carson City Municipal Auditorium Bond Redemption Fund.”

Board of trustees to issue bonds if authorized by vote

 

 

Denomination of bonds; interest rate, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bonds to be sold at not less than par

 

 

Proceeds of bond issue to go into special fund


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ê1937 Statutes of Nevada, Page 364 (CHAPTER 164, AB 348)ê

 

Tax levy to pay interest and redeem bonds

 

 

 

 

 

 

 

 

 

 

Tax to cease, when

 

 

Interest to cease, when

 

 

Treasurer to redeem and cancel bonds

 

 

 

 

Faith of state pledged

 

 

 

 

 

Proposal for bids to be published

authorized, empowered and directed and shall levy and collect annually a tax on the assessed value of all property, both real and personal, subject to taxation within the city limits of Carson City, until such bonds and the interest thereon shall have been fully paid, sufficient to provide for the payment of the interest on said bonds and to pay and retire, beginning with bond numbered one and consecutively thereafter, the bonds falling due each year, until all such bonds shall have been redeemed and retired, such tax shall be levied and collected, and the proceeds thereof shall be kept by the city treasurer in a special fund to be known as “Carson City Municipal Auditorium Bond Redemption Fund.” Said bonds and the interest thereon shall be paid from this fund. Said bonds and the interest thereon shall be a lien upon all property subject to taxation within said Carson City.

      Sec. 8.  Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said bond fund shall, by order of the board of trustees of said city, be transferred to the general fund of said city.

      Sec. 9.  All interest on any of said bonds shall cease when said bond becomes due and payable, whether presented for payment on its maturity date or thereafter, unless default be made in payment.

      Sec. 10.  Whenever the city treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof the word “Paid,” together with the date of payment, and sign his or her name thereto, and turn the same over to the city clerk, taking his or her receipt therefor, which receipt shall be filed with the trustees of said city and the city clerk shall credit the city treasurer on his or her books with the amount so paid.

      Sec. 11.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation thereby imposed be omitted, nor any other act or thing to be done or permitted to be done to impair the marketable value of the good faith of the State of Nevada in causing said bonds to be issued, until all of the bonds and coupons issued hereunder, and by virtue of the terms of this act, shall have been paid in full.

      Sec. 12.  The board of trustees shall give notice to contractors for the construction of said municipal auditorium by a notice published at least once a week for two consecutive weeks preceding the date on which said bids are to be opened in a newspaper printed and published in Carson City.

      Sec. 13.  The board of trustees of Carson City shall have power to regulate, operate and maintain the said municipal auditorium and to place and collect a rental fee for its use in such amounts and under such conditions as the board may, from time to time, determine by a resolution or ordinance.


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ê1937 Statutes of Nevada, Page 365 (CHAPTER 164, AB 348)ê

 

auditorium and to place and collect a rental fee for its use in such amounts and under such conditions as the board may, from time to time, determine by a resolution or ordinance.

      Sec. 14.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 15.  This act shall be in full force and effect from and after its passage and approval.

Control of building vested in trustees

 

 

Repeal

In effect

 

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CHAPTER 165, AB 256

[Assembly Bill No. 256–Committee on Ways and Means]

 

Chap. 165–An Act to amend, revise and reenact an act entitled “An act to authorize and regulate the deposit of state money in banks; to provide for the securing thereof; to provide for the conversion of securities and to repeal an act entitled ‘An act to authorize the deposit of state money in banks in this state, and to repeal all acts and parts of acts in conflict with this act,’ approved February 6, 1928, as amended, being sections 7030 to 7041, inclusive, N. C. L., and all amendments thereto,” approved March 30, 1935, being chapter 161 Statutes of Nevada 1935.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being section 7030 N. C. L. 1929, as amended by chapter 161 Statutes of Nevada 1935, page 348, is hereby amended to read as follows:

      Section 1.  All moneys under the control of the state treasurer belonging to the state may, so far as possible, be deposited by the state treasurer to the credit of the state on open account, subject to check without notice, in any state or national bank or banks in the State of Nevada, or in any bank or banks outside of the State of Nevada, as hereinafter provided, and such depositary banks shall handle, collect and pay all checks, drafts and other exchange without cost to the state. Such deposits shall be made only with the written consent and approval of the state board of examiners. Any sums so deposited shall be deemed to be in the state treasury; provided, that the bank or banks in which such money is deposited shall, prior to or simultaneously with the making of said deposits, furnish security as hereinafter provided; and provided further, that not more than forty percent (40%) of the aggregate amount of said moneys available for deposit, and on deposit, shall be deposited in any one bank. The written consent and approval of the state board of examiners to make deposits of state moneys in banks shall be delivered to the state treasurer and filed in his office, and a copy thereof shall be filed in the office of the secretary of state, and shall be a public record.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State moneys may be deposited in state or national banks on open account; provision regarding


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ê1937 Statutes of Nevada, Page 366 (CHAPTER 165, AB 256)ê

 

 

 

 

 

All funds deposited must be secured; proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure on failure of bank or banks to pay deposit on demand

of the state board of examiners to make deposits of state moneys in banks shall be delivered to the state treasurer and filed in his office, and a copy thereof shall be filed in the office of the secretary of state, and shall be a public record.

      Sec. 2.  Section 2 of the above-entitled act is hereby amended to read as follows:

      Section 2.  All funds deposited by the state treasurer shall be secured by obligations of the United States, or bonds of this state, or of any county, or municipality, or school district within this state, deposited by the depositary bank with the state treasurer, or with a federal reserve bank, or, in the event that such deposit of security will not be accepted by a federal reserve bank, then with any bank other than the said depositary bank which will accept such bonds as a trust for the purposes hereof. The amount, in actual value, as distinguished from par value, of such deposit of securities by each such depositary bank shall be at least ten percent (10%) in excess of the amount of the deposit with such depositary bank. Such bonds and securities shall be approved in writing by the state board of examiners and by the state treasurer. The state treasurer or the state board of examiners may from time to time require such a deposit of such additional bonds and securities, as herein permitted as security, as in their judgment shall be necessary to maintain such ten percent (10%) in excess of each such deposit. Said bonds, or any part thereof, may be withdrawn on the written consent of the state treasurer and the state board of examiners; provided, that no withdrawal shall be permitted which will reduce the security below the requirements hereof.

      Sec. 3.  Section 3 of the above-entitled act shall read as follows:

      Section 3.  In the event that any bank or banks, depositary of said money, shall fail to pay any deposit or deposits, or any part thereof, on demand of the state treasurer, then it shall be the duty of the state treasurer, with the written approval of the state board of examiners, to forthwith advertise such securities for sale for a period of not less than ten days in a newspaper of general circulation published within the State of Nevada, and he shall sell such securities, or a sufficient amount thereof to repay the deposit, at public or private sale to the highest and best bidder and apply the proceeds of such sale, including accrued interest, if any, toward the cancelation of the deposit. In the event that there shall be an excess of such proceeds or of security, or both, after the satisfaction of the deposit, then such excess shall be returned to such depositary bank or its successor in interest; provided, however, that nothing herein shall prevent such depositary bank, or the superintendent of banks in charge thereof, or the legally constituted receiver or liquidator thereof from redeeming such securities within a reasonable time, as determined by the state board of examiners, at such a price as will repay to the state treasurer the full amount of the deposit in such depositary.


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ê1937 Statutes of Nevada, Page 367 (CHAPTER 165, AB 256)ê

 

liquidator thereof from redeeming such securities within a reasonable time, as determined by the state board of examiners, at such a price as will repay to the state treasurer the full amount of the deposit in such depositary.

      Sec. 4.  Section 4 of the above-entitled act shall read as follows:

      Section 4.  Every depositary bank shall at the close of business at the end of each month, and at any other time, upon demand of the state treasurer or of the state board of examiners, furnish the state treasurer with a statement of the account, duly verified or certified by some officer of the bank, upon a form to be fixed by the state treasurer, and shall at the same time return to the state treasurer all paid checks and vouchers. Such depositary bank shall also at the same time mail a copy of said statement of the account to the state board of examiners and a copy to the state superintendent of banks, and the secretary of the state board of examiners shall immediately mail a copy thereof to the president of the bank. Every such bank shall, also, upon demand of the superintendent of banks, in his capacity of state auditor, furnish him with such a verified statement and paid checks and vouchers.

      Sec. 5.  Section 5 of the above-entitled act is hereby amended to read as follows:

      Section 5.  Where the state treasurer in accordance with the terms and provisions of this act has deposited and kept on deposit any public moneys in depositaries so designated, he shall not be liable personally or upon his official bond for any public moneys that may be lost by reason of the failure or insolvency of any such depositary; but the treasurer shall be chargeable with the safekeeping, management and disbursement of the bonds deposited with him as security for deposits of state moneys, and with interest thereon, and the proceeds of any sale under the provisions of this act. From and after the passage and approval of this act, the state treasurer of the State of Nevada is hereby authorized to deposit for safekeeping with any reliable bank or trust company within or without this state, any securities or bonds pledged with him, as such treasurer, as collateral or as security for any purpose whatsoever; provided, that the same may only be so deposited by him with the joint consent and approval, in writing, of the pledgor thereof and of the state board of examiners; and any bonds or securities so deposited by him shall be deposited under a written deposit agreement between the said pledgor and state treasurer, to be held and released only upon a written order of the state treasurer, or his deputy, and signed by the governor or acting governor of this state, and by one additional member of the state board of examiners.

 

 

 

 

Depositary bank to furnish statement of account on demand of state treasurer

 

 

 

 

 

 

 

 

Liability of state treasurer


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ê1937 Statutes of Nevada, Page 368 (CHAPTER 165, AB 256)ê

 

 

Treasurer to publish statement showing deposits

 

 

 

Deposits withdrawn by check without notice

 

 

Warrant of controller check of treasurer

 

Treasurer to keep check register

 

 

 

 

 

 

 

 

Warrant checks to be drawn on nearest depositary bank

      Sec. 6.  Section 6 of the above-entitled act shall read as follows:

      Section 6.  The state treasurer shall, on or before the fifth day of each month, cause to be published in a newspaper of general circulation, which is published at the state capital, a statement showing the amount of state funds held by each and every depositary on the first day of said month. A copy of said statement shall, on or before the fifth day of each month, be filed with the state board of examiners.

      Sec. 7.  Section 7 of the above-entitled act shall read as follows:

      Section 7.  All moneys deposited in any depositary bank by the state treasurer may be drawn out by a check or order of the state treasurer at any time without previous notice; provided, no withdrawal of such deposit or deposits, except by controller’s warrant in the manner hereinafter set forth, shall be made by the state treasurer without the written consent of the state board of examiners. A warrant of the state controller shall be a check of the state treasurer, and shall be paid by the depositary bank designated thereon, when registered, countersigned and the bank designated for payment thereof as hereinafter provided. The state treasurer shall keep a check register which shall separately show the amount of state money on deposit with every depositary bank, and shall list separately each and every check drawn upon the respective bank depositaries, numbering the checks against each depositary consecutively. A transcript of said check register listing each check and the number thereof, the amount for which the same is drawn, and the depositary bank upon which drawn for the previous calendar month, shall be filed with the state board of examiners not later than the third day in each month, and so much thereof as relates to each depositary bank shall be forthwith transmitted to the president of each said bank.

      Sec. 8.  Section 8 of the above-entitled act shall read as follows:

      Section 8.  Whenever any warrant of the state controller is presented to the state treasurer for payment, such warrant shall become a check of the state treasurer if the state treasurer shall endorse thereon the name of the depositary bank where payable, and a number, as provided by the next preceding section hereof, and countersign his name thereto as such state treasurer. Such warrant checks shall be drawn, as near as may be, upon the depositary bank nearest the residence, if known, of the payee named in the warrant.

      Sec. 9.  Section 9 of the above-entitled act is hereby amended to read as follows:

      Section 9.  Moneys placed in any depositary bank shall be so deposited at a rate of interest, if any, to be agreed upon between the state treasurer and the depositary bank with the consent, in writing, of the state board of examiners.


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ê1937 Statutes of Nevada, Page 369 (CHAPTER 165, AB 256)ê

 

between the state treasurer and the depositary bank with the consent, in writing, of the state board of examiners. Said interest, if any, shall be computed upon the average daily balance of said moneys kept on deposit in each depositary bank for the six months’ period preceding the first day of June and the first day of December of each year. Each depositary bank shall, within ten days on and after the first day of June and the first day of December of each year, remit to the state treasurer at Carson the amount of said earned interest for the respective semiannual period; provided, that in consideration of no exchange or collection charges being made on checks or coupons of, or remittance to, the state, any bank or banks at the state capital may be relieved by the state treasurer, with the approval of the state board of examiners, from the payment of any interest on amounts deposited with them.

      Sec. 10.  Section 10 of the above-entitled act shall read as follows:

      Section 10.  In the event that deposits in depositaries within this state are at or near the limit of deposits allowable under the value of bonds or securities deposited by such banks, or as otherwise limited by this act, and an excess of moneys has accumulated in the state treasury, the state treasurer may, with the written consent and approval of the state board of examiners, deposit such amount of moneys as may be advisable in a bank or banks situated outside of the State of Nevada, subject to the provisions of this act, and the state treasurer may, by check or draft signed by the state treasurer and countersigned by at least two members of the state board of examiners, withdraw such deposits as needed.

      Sec. 11.  Section 11 of the above-entitled act is hereby amended to read as follows:

      Section 11.  Every state officer or official who shall willfully violate any of the provisions of this act shall be guilty of malfeasance in office, and upon conviction thereof shall be punished by imprisonment for a term of not exceeding fifteen years, or by a fine of not less than $10,000.

      Sec. 12.  Section 12 of the above-entitled act shall read as follows:

      Sec. 13.  Section 13 of the above-entitled act shall read as follows:

      Section 13.  All previous acts and parts of acts authorizing the deposit of state moneys by the state treasurer, and particularly that certain act entitled “An act to authorize the deposit of state moneys in banks in this state, and to repeal all acts and parts of acts in conflict with this act,” approved February 6, 1928, as amended, being sections 7030 to 7041, inclusive, N. C. L. 1929, and all amendments thereto, are hereby repealed; provided, however, that no right or remedy now existing in the state under any previous act shall be deemed to be in anywise affected or abrogated.

 

Interest on deposits; method of computing

 

 

 

 

 

 

 

 

 

Treasurer may deposit funds in out-of-state banks; when

 

 

 

 

 

 

 

 

Penalty for violation of provisions of act

 

 

 

 

Prior acts repealed; proviso


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ê1937 Statutes of Nevada, Page 370 (CHAPTER 165, AB 256)ê

 

 

 

 

Repeal

In effect

are hereby repealed; provided, however, that no right or remedy now existing in the state under any previous act shall be deemed to be in anywise affected or abrogated.

      Sec. 14.  All previous acts and parts of acts, and all amendments thereto, in conflict herewith are hereby repealed.

      Sec. 15.  This act shall be effective on and after August 15, 1937.

 

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CHAPTER 166, SB 78

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

Prison revolving fund revoked

 

 

 

 

 

Repeal

In effect

[Senate Bill No. 78–Senator Cobb]

 

Chap. 166–An Act authorizing the deletion from the books of the Nevada state prison an account with the Carson Valley bank in the sum of $918.57 known as the “Nevada State Prison Revolving Fund,” and authorizing the deposit of future dividends received on said account to the credit of the general fund of the State of Nevada, and other matters relating thereto.

 

[Approved March 26, 1937]

 

      Whereas, The books of the Nevada state prison show an account called “Nevada State Prison Revolving Fund” by which the Carson Valley bank of Carson City, Nevada, is indebted to the said Nevada state prison in the sum of $918.57; and

      Whereas, The said Carson Valley bank is now in the hands of a receiver and it is believed will never be reopened; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  In order to simplify the books of the Nevada state prison, authority is hereby given to delete from said books that certain account known as the “Nevada State Prison Revolving Fund” amounting to the sum of $918.57, which account represents a fund on deposit with the Carson Valley bank at the time of the closing of said bank, and authority is hereby given the necessary officers to deposit all dividends which are or may be received in the future on said account to the credit of the general fund of the State of Nevada.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act shall be in full force and effect upon its passage and approval.

 

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ê1937 Statutes of Nevada, Page 371ê

CHAPTER 167, SB 83

[Senate Bill No. 83–Senator Winters]

 

Chap. 167–An Act to provide for the payment of an account incurred by the Nevada state prison with the department of highways of the State of Nevada in the sum of $1,222.89, and other matters relating thereto.

 

[Approved March 26, 1937]

 

      Whereas, Between the 9th day of July 1931, and the 7th day of May 1935, certain motor trucks owned and used by the Nevada state prison were repaired by the department of highways of the State of Nevada; and

      Whereas, The department of highways of the State of Nevada has expended in labor and materials upon said trucks the sum of $1,222.89; and

      Whereas, The Nevada State prison has not paid said sum to the department of highways of the State of Nevada; and

      Whereas, Said claim appears to be just and equitable and should be paid; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of the general fund in the state treasury of the State of Nevada not otherwise appropriated the sum of $1,222.89 to be paid the department of highways of the State of Nevada in satisfaction of the account for motor truck repairs incurred by the Nevada state prison.

      Sec. 2.  Upon the passage and approval of this act the state controller of the State of Nevada is hereby authorized and directed to draw his warrant in favor of the department of highways of the State of Nevada for the sum of $1,222.89 in full payment of said claim referred to in section 1 and the preamble of this act, and the state treasurer is hereby directed to pay the same.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $1,222.89

 

 

Duties of controller and treasurer

 

 

 

In effect

 

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ê1937 Statutes of Nevada, Page 372ê

CHAPTER 168, SB 143

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Powers of board of directors in case of delinquency

 

 

 

 

 

 

 

 

 

 

 

 

 

Water rights to revert to district, when

[Senate Bill No. 143–Senator Parker]

 

Chap. 168–An Act to amend an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of waters; cooperation with the United States; and matters properly connected therewith, approved March 19, 1919, as amended,” by adding thereto a new section.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  A new section is hereby added to the above-entitled act to be known as section 29 3/4 of said irrigation district act, or section 8042a Nevada Compiled Laws of 1929.

      Section 29 3/4.  Whenever any lands in the district have been sold for delinquent irrigation district taxes or assessments or for delinquent state and county or other taxes, and the title to such lands has passed as provided by law, either to the county or to the irrigation district, and the period of redemption has expired, the board of directors of the district shall have the power by and with the written consent of the bondholders holding one hundred percent of the outstanding bonds of the district, or in case of a contract with the United States constituting a lien upon the lands, then also with the written consent of the secretary of the interior, or in the case there are outstanding certificates of indebtedness which constitute a lien upon the lands of the district, then with the written consent of the holders of one hundred percent of those holding said certificates of indebtedness, to exclude such lands, or any part thereof, from further participation in the benefits of the district, particularly to exclude such lands or any part thereof from any further right to receive water from the district either under an apportionment of benefits or any other waters of the district.

      Whenever the board of directors of the district shall have adopted a resolution excluding such lands from further participation in the benefits of the district and from the right to receive district waters, the water or water rights theretofore apportioned to said lands shall be and become a part of the general water supply of the district and apportioned among the remaining nondelinquent lands in the same proportion as such remaining nondelinquent lands have been apportioned benefits, not in excess, however, of an adequate water supply for such remaining land based upon the duty of water recognized by the district; provided, that in case the water right appurtenant to land acquired at a delinquent sale shall be based upon a contract with the United States the district may, with the consent of the United States, make any desired disposition of such water right.


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

ê1937 Statutes of Nevada, Page 373 (CHAPTER 168, SB 143)ê

 

of water recognized by the district; provided, that in case the water right appurtenant to land acquired at a delinquent sale shall be based upon a contract with the United States the district may, with the consent of the United States, make any desired disposition of such water right.

      Sec. 2.  This act shall take effect immediately upon its passage and approval.

 

 

 

 

In effect

 

________

 

CHAPTER 169, SB 146

[Senate Bill No. 146–Senator Sawyer]

 

Chap. 169–An Act authorizing the governing authorities of counties, incorporated cities, school districts, and unincorporated towns and cities of the State of Nevada to fund or refund existing indebtedness by the issuance and sale of funding or refunding bonds; providing for the levying and collection of taxes for the payment thereof, and other matters relating thereto.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any county, incorporated city, school district or unincorporated town or city in the State of Nevada, having or which hereafter may have existing indebtedness, may, by resolution of the governing board thereof, authorize the issuance and sale of funding or refunding bonds, at the same or a lesser rate of interest, to pay the principal and interest of such existing indebtedness.

      Sec. 2.  The governing authorities shall submit the question of the issuance of such funding or refunding bonds at an election to be held in manner and form according to the provisions of existing law governing the issuance of bonds by such counties, incorporated cities, school districts, or unincorporated towns or cities.

      Sec. 3.  The officers charged by law with the duty to levy and collect general taxes within such political subdivisions are hereby authorized, empowered and directed to impose, fix, levy and collect a tax upon all the property thereof subject to taxation, including the net proceeds of mines, sufficient to pay the interest on and principal of such funding or refunding bonds as the same shall become due, in addition to all other taxes required by law to be levied or assessed upon such property.

      Sec. 4.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor taxation to be imposed omitted, nor any other act or thing be done or permitted to be done to impair the marketable value of the good faith of the State of Nevada in causing said bonds to be issued, until all of the bonds and coupons issued under and by virtue of the terms of this act shall have been paid in full.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Refunding bonds may be issued

 

Special election to be called

 

Tax levy to redeem bonds

 

 

 

 

Faith of state pledged


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

ê1937 Statutes of Nevada, Page 374 (CHAPTER 169, SB 146)ê

 

 

 

Repeal

In effect

be issued, until all of the bonds and coupons issued under and by virtue of the terms of this act shall have been paid in full.

      Sec. 5.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 6.  This act shall take effect immediately upon its passage and approval.

 

________

 

CHAPTER 170, SB 157

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Percentage of revenue for cost of administration of act

 

 

 

Disposition of revenues from operation of act

[Senate Bill 157–Committee on Taxation]

 

Chap. 170–An Act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada; to control, license and regulate the importation and sale of wines, beers and intoxicating liquors into and within the State of Nevada; to provide for the issuance of importers’ and wholesalers’ licenses; to impose a stamp tax on the sale of such wines, beers and intoxicating liquors; to provide for state licenses, designating the type of licenses to be issued, the fee for such licenses, and persons to pay the same, the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters relating thereto; to provide penalties for the violation thereof; and to repeal all acts or parts of acts in conflict herewith,” approved March 30, 1935.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 19 of the above-entitled act is hereby amended to read as follows:

      Section 19.  Five percent of the revenue derived from the provisions of this act, or so much thereof as may be necessary, shall be set aside by the Nevada tax commission, as collected, for the payment of the cost of administration of the provisions of this act.

      Sec. 2.  Section 20 of the above-entitled act is hereby amended to read as follows:

      Section 20.  From the balance of revenues derived from this act, after the cost of administration has been deducted therefrom, there shall be apportioned fifty (50%) percent thereof to the state distributive school fund, fifteen (15%) percent thereof to the university contingent fund, and thirty-five (35%) percent thereof to the “State Emergency Employment Bond Interest and Redemption Fund” for the redemption of such bonds issued for relief, work relief and purchase of supplies and relief in cooperation with the federal government, and the same is hereby appropriated for such purposes.


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

ê1937 Statutes of Nevada, Page 375 (CHAPTER 170, SB 157)ê

 

redemption of such bonds issued for relief, work relief and purchase of supplies and relief in cooperation with the federal government, and the same is hereby appropriated for such purposes.

      Sec. 3.  This act shall be effective upon its passage and approval.

 

 

 

In effect

 

________

 

CHAPTER 171, SB 161

[Senate Bill No. 161–Senator Foy]

 

Chap. 171–An Act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada and to repeal all acts and parts of acts in conflict therewith.”

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 6665 N. C. L. 1929, is amended to read as follows:

      Section 2.  Any person, firm, association, or corporation engaged in dealing, in selling, giving away, or offering to sell cigarettes or cigarette paper after the passage of this act shall take out a quarterly license therefor, or fractional quarterly license, as hereinafter provided. The cost of such license shall be fifteen dollars ($15) per quarter-year; provided, that none of the foregoing requirements of this section shall apply to common carriers by railroad engaged in interstate commerce which sell or furnish cigarettes or cigarette paper as an incident to the facilities provided for transportation of persons riding upon their trains.

      It shall be unlawful for any person or persons, firm, association, corporation, or managing agent of any person, firm, association, or corporation to sell, give away, or offer to sell cigarettes or cigarette paper to any person or persons under the age of twenty-one years, and any person, firm, association, or corporation, or the managing agent of any person, firm, association, or corporation violating the provisions of this section shall be guilty of a misdemeanor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cigarette license

 

 

 

 

 

 

 

Penalty for serving minors

 

________

 

 


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

ê1937 Statutes of Nevada, Page 376ê

CHAPTER 172, Senate Substitute for Senate Bill No. 124

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain lands may be excluded

[Senate Substitute for Senate Bill No. 124–Senator Foy]

 

Chap. 172–An Act to amend section 44 of an act entitled “An act to amend an act entitled ‘An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation and maintenance of works, diversion, storage, distribution, collection and carriage of water; cooperation with the United States; and matters properly connected therewith,’ approved March 19, 1919, as amended.”

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 44 of the above-entitled act, being section 8059 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 44.  The board of directors of any district now or hereafter formed under the provisions of this act, either upon its own initiative or upon the application in writing of any holder of title or of evidence of title to land in the district, may, by a majority vote, exclude from the district any land or lands theretofore included in the district, and change the boundary lines of the district so as to exclude or leave out certain tracts or portions of tracts when the proposed system or systems of irrigation cannot practically include such land or lands, or when such land or lands would not be benefited by the district or by any improvement it might make; provided, that if improvements have been commenced or authorized, or if there are bonds or other contracts or certificates of indebtedness outstanding, no land shall be excluded and no established liens shall be released. Within ten days after the receipt of any such application, or after the passage by the board of a resolution proposing the withdrawal of such lands, the directors of the district shall give notice of such proposed change or exclusion and of the date, time and place of a meeting to be held by the board to consider such proposed change or exclusion by posting in not less than five public and conspicuous places in the district, with at least one posting in each division thereof, and by mailing a copy of such notice by registered mail, postage prepaid, to the post-office address of each of such owners as shown by the records of the district at least thirty days before the meeting to consider such exclusion or change. Not less than fifty days after the filing with the board of an application in writing by a qualified elector of the district for the exclusions of land or lands, or not less than fifty days after the board has of its own initiative and by resolution declared its intention of excluding any land or lands from the district, and after having first given notice as in this section 44 prescribed, the board shall meet and consider the matter and shall order or deny the exclusion of said lands in whole or in part, and a copy of the order of the board certified by the secretary of the district shall be personally served upon the owner of the land, if such owner can be found within the district.


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

ê1937 Statutes of Nevada, Page 377 (CHAPTER 172, Senate Substitute for Senate Bill No. 124)ê

 

after the board has of its own initiative and by resolution declared its intention of excluding any land or lands from the district, and after having first given notice as in this section 44 prescribed, the board shall meet and consider the matter and shall order or deny the exclusion of said lands in whole or in part, and a copy of the order of the board certified by the secretary of the district shall be personally served upon the owner of the land, if such owner can be found within the district. If he cannot be found within the district, the secretary shall mail a copy of such order by registered mail, postage prepaid, to the post-office address of such owner as shown by the records of the district. In the event lands are excluded, or the boundary lines changed pursuant to this section, a copy of the order certified by the secretary of the district, with a plat of the land excluded or change in boundary made, shall be filed for record in the office of the county recorder of the county or counties in which such land or lands are situated, and it shall be evidence for all purposes of the facts it purports to state. Any holder of title or of evidence of title to land in the district who is aggrieved at the order of the board of directors in excluding or refusing to exclude lands as provided in this act may, within thirty days from the date of the service upon him, as hereinabove provided, of the order excluding or refusing to exclude lands from the district as provided herein, petition the district court of the county in which the office of the board of directors is situated to set aside such order, and directing that such lands be excluded or be not excluded, as the court may order. The provisions of sections 19 and 20 of this act, insofar as applicable, shall be followed in such proceedings. This amended act shall not be retroactive.

      Sec. 2.  All acts or parts of acts in conflict with the provisions hereof are hereby repealed.

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

 

Certain lands may be excluded

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1937 Statutes of Nevada, Page 378ê

CHAPTER 173, AB 277

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Orphans to attend Carson City schools; appropriation, $7,500

 

 

 

 

 

 

Duties of board of directors

 

 

 

 

 

 

 

 

Repeal

In effect

[Assembly Bill No. 277–Mr. Rochon]

 

Chap. 173–An Act to amend an act entitled “An act to amend section 1 of an act entitled ‘An act to provide educational facilities for the children in the state orphans’ home and other matters properly connected therewith,’ approved March 20, 1911, as amended, being section 7599 Nevada Compiled Laws 1929,” approved March 30, 1935, being chapter 181, 1935 Statutes of Nevada.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being chapter 181, 1935 Statutes of Nevada, is hereby amended so as to read as follows:

      Section 1.  The children residing at the state orphans’ home shall be included in the school census of Carson City school district, and in consideration of the allowance of seven thousand five hundred ($7,500) for the biennium ending June 30, 1939, paid out of the state distributive school fund of the state treasury, the children of the state orphans’ home shall be entitled to attend, and shall attend, the Carson City public schools, and to receive therein the full attention, protection, and instruction accorded to any other children, including the domestic and manual arts in the elementary grades, with the addition of commercial branches in the high school, all of which shall be of standard character approved by the state board of education.

      To this end the board of directors of the state orphans’ home is hereby authorized to enter into such agreement with the board of trustees of Carson City school district, district No. 1, of Ormsby County, as may be necessary to carry out the provisions of this section and of this act; provided, that if in any year the domestic and manual arts and the commercial branches as hereinbefore named are not furnished as required herein, the money allowance to said Carson City school district shall be but one thousand ($1,000) dollars for such year; and provided further, that the increased income of said school district, as herein provided, shall be full consideration for the privileges required in this act.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

 


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

ê1937 Statutes of Nevada, Page 379ê

CHAPTER 174, AB 207

[Assembly Bill No. 207–Committee on Ways and Means]

 

Chap. 174–An Act to repeal an act entitled “An act providing for the registering of public works contractors, and defining the term ‘public works contractors,’ providing the method of obtaining licenses to engage in the business of public works contracting, and fixing the fees for such licenses; providing the method of suspensions and cancelation of such licenses; and prescribing the punishment for violation of the provisions of this act,” approved March 27, 1931.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act of the legislature of the State of Nevada “An act providing for the registering of public works contractors, and defining the term ‘public works contractors,’ providing the method of obtaining licenses to engage in the business of public works contracting, and fixing the fees for such licenses and prescribing the punishment for the violation of the provisions of this act,” approved March 27, 1931, is hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public works contractors’ license act repealed

 

________

 

CHAPTER 175, AB 206

[Assembly Bill No. 206–Committee on Ways and Means]

 

Chap. 175–An Act providing for the transfer of certain moneys from the contractors’ license fund to the state highway fund and to the general fund of the State of Nevada.

 

[Approved March 26, 1937]

 

      Whereas, That certain act of the legislature, known as the public works contractors’ licensing act, approved March 27, 1931, requires and required the licensing of public highway contractors, as well as other public works contractors, and the payment of fees provided in the act by them; and

      Whereas, Said act required the placing of all such fees in the contractors’ license fund, as provided in said act, for the purpose of the administration thereof; and

      Whereas, Said public highway contractors’ license fees in fact became a charge upon the highway funds of the state because of being computed in the contract price for the construction and reconstruction of the public highways within the state; and

      Whereas, There is now in said contractors’ license fund the sum of $20,560.07, of which 78.96% thereof was paid by public highway contractors and 21.04% thereof paid by other public works contractors; and

 

 

 

 

 

 

 

 

Public works contractors’ license fund distributed


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

ê1937 Statutes of Nevada, Page 380 (CHAPTER 175, AB 206)ê

 

 

 

 

 

 

 

 

 

 

Distribution of fund

 

 

 

 

 

 

 

 

 

Duties of controller and treasurer

In effect

      Whereas, The said sum of $20,560.07 is a surplus over and above any present or future administrative need therefor; and

      Whereas, An equitable division of said amount would and will be the placing of 78.96% thereof in the state highway fund and the balance in the general fund of the state; therefore

 

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

Assembly, do enact as follows:

 

      Section 1.  That from the contractors’ license fund, created by that certain act of the legislature known as the public works contractors’ licensing act, approved March 27, 1931, the same being chapter 212 Statutes of Nevada 1931, and which said fund now contains twenty thousand five hundred sixty dollars and seven ($20,560.07) cents, there is hereby transferred seventy-eight and ninety-six one-hundredths (78.96%) percent thereof, amounting to sixteen thousand two hundred thirty-four dollars and twenty-three ($16,234.23) cents, to the state highway fund, and twenty-one and four one-hundredths (21.04%) percent thereof, amounting to four thousand three hundred twenty-five dollars and eighty-four ($4,325.84) cents, to the general fund of the State of Nevada.

      Sec. 2.  The state controller and the state treasurer are hereby directed to make such transfers, and make proper entries thereof in their respective books of account.

      Sec. 3.  This act shall be effective upon its passage and approval.

 

________

 

CHAPTER 176, AB 309

 

 

 

 

 

 

 

 

 

 

 

 

 

School property may be leased or sold

[Assembly Bill No. 309–Mr. Moore]

 

Chap. 176–An Act authorizing and empowering boards of school trustees of school districts of the first class, county boards of education, and boards of school trustees in charge of high school districts, and none other, to sell or lease real property owned or heretofore or hereafter dedicated for public school purposes.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Boards of school trustees of school districts of the first class, county boards of education, and boards of school trustees in charge of high school districts, and none other, in this state, are hereby authorized to sell or lease any real property belonging to one or both of their respective districts, whether acquired by purchase, dedication, or otherwise.


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

ê1937 Statutes of Nevada, Page 381 (CHAPTER 176, AB 309)ê

 

any real property belonging to one or both of their respective districts, whether acquired by purchase, dedication, or otherwise.

      Sec. 2.  Before ordering any sale or lease of such real property, such board or boards shall in open meeting by a majority vote of its members, adopt a resolution declaring its intention to sell or lease the same, as the case may be.

      Sec. 3.  The resolution shall describe the property to be sold or leased in such manner as to identify it, and the terms and conditions upon which it will be sold or leased.

      Sec. 4.  The board or boards by said resolution shall appoint two members of a board of appraisers, the third member of which shall be selected by the deputy district superintendent of schools of the district in which said real property to be leased or sold is situated. The compensation of the board of appraisers shall be fixed by the governing board or boards, and shall be a legal charge against the funds of the district or districts selling or leasing the property.

      Sec. 5.  The board of appraisers so appointed shall thereafter make a report to the board or boards of its findings and determination of the cash market value of the property proposed to be sold, or the rental value of the property proposed to be leased.

      Sec. 6.  After receiving the report of the appraisers as hereinabove provided, the board or boards shall, before making a sale or lease, pass a resolution approving said appraisal and directing notice of sale. The resolution, together with a notice fixing the time and place within the district at which a public meeting of the board or boards will be held to consider the report of the appraisers and the sale or lease of the real property described in the resolution shall be published in a newspaper in the county in which the said district is located once a week for two weeks and posted in three conspicuous places within the district or districts where said real property is situated for ten days prior to said meeting.

      Sec. 7.  At the time and place fixed in the notice so given, the board shall meet and consider such sale or lease, at which meeting any taxpayer or patron of said school district or any person interested shall be entitled to be heard. If in the opinion of said board or boards it is necessary or for the best interests of said district or districts to sell said property, either at public or private sale as may be determined by the board, they shall set a time for the sale, and appoint some proper person to conduct the same, and shall order notice given thereof by being published in a newspaper in the county in which the said district, posting in three conspicuous places within the district or districts where said real property is situated, for ten days prior to the time fixed for said sale.

 

 

 

Procedure by resolution

 

What resolution to set forth

 

Appraisers to be appointed

 

 

 

 

Appraisers to file report

 

 

Appraisal to be approved

 

 

 

 

 

 

 

Duties of board of trustees


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

ê1937 Statutes of Nevada, Page 382 (CHAPTER 176, AB 309)ê

 

 

 

 

 

Board to execute title; proviso

 

 

 

In effect

the time fixed for said sale. If sold at public sale, the same shall be sold to the highest and best bidder for cash; all moneys received from rentals or sale of the real property hereinbefore mentioned shall be forthwith deposited in the office of the county treasurer to the credit of the school district which sold or leased its property.

      Sec. 8.  The governing board or boards of the district or districts hereinbefore mentioned owning such real property may thereupon consummate such sale or lease by executing, acknowledging and delivering such instruments as are necessary to convey title or demise such property; provided, however, that no sale of such real property shall be made for less than the value as fixed by the board of appraisers.

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

 

________

 

CHAPTER 177, AB 316

 

 

 

 

 

 

 

 

 

Commission to promote “Nevada”

 

 

 

 

 

 

 

 

 

 

 

Short title

Publicity commission created

[Assembly Bill No. 316–Mr. Boak]

 

Chap. 177–An Act creating a commission in the State of Nevada to be known as the state board of publicity, providing for the membership thereof, defining the powers and duties thereof, making an appropriation therefor, and others matters properly relating thereto.

 

[Approved March 26, 1937]

 

      Whereas, The people of the State of Nevada pride themselves upon the sound financial condition of the State of Nevada, its natural resources, its field for advancement, and the opportunities awaiting proper publicity; and

      Whereas, We feel that there are many desirable persons awaiting an invitation to become citizens of this state, making their homes and investments herein, if properly informed; and

      Whereas, It is believed this can best be done by ever keeping before the people of the world the economic policy of Nevada, and through constant reiteration make such advertised economic policy the accepted slogan of the state; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  This act shall be known as the “State of Nevada Publicity Act.”

      Sec. 2.  There is hereby created a commission to be designated as the state board of publicity, and which said board shall consist of the governor of the State of Nevada, the state highway engineer, the state printer, and two members to be selected by the governor. The term of office of those appointed by the governor shall be at the pleasure of the governor.


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

ê1937 Statutes of Nevada, Page 383 (CHAPTER 177, AB 316)ê

 

governor. It is the intent of this act that one of said members should be a publisher, and the other one experienced in advertising. The members of said commission shall serve without pay, but be allowed their necessary actual mileage and other expenses while engaged in the discharge of the duties herein imposed upon them. The activities of this board may be in cooperation with any other board or commission now in existence in the State of Nevada, or which may hereafter be created, as the governor may direct. It shall be the duty of said board to use all honorable means to fairly advertise the resources, possibilities and opportunities of the State of Nevada, and disseminate such information in such manner as the board may deem proper. It shall be the duty of said board to invite the cooperation of all publications within the state, theaters, radio stations, and other agencies that may be able to contribute to the purposes of this act.

      Any regular publication in the State of Nevada that may desire to cooperate with the commission shall be entitled to have furnished at the expense of the State of Nevada, by and through said commission, suitable masts, forms or other equipment necessary and proper for such publications to carry out the purposes of this act, which said payments shall be made out of the fund created by this act, and in order to promote an original and distinctive form of advertising all publishers are urged, where possible, to design a split masthead, which shall carry, as far as practicable, the slogan hereinafter set out. All advertising matter carried by any such publication, theater, or other agency shall, so far as is practicable, contain the following: “Nevada, one state without an income tax, a corporation tax, an inheritance tax, a gift tax, a sales tax. With cheap power, and liberal mining, corporation, taxation and other laws. Welcome to Nevada. State Adv.”

      Sec. 3.  The state highway department, under the direction of the state highway engineer, is hereby charged with the duty of placing upon the official signboards along the highways of this state at principal ports of entry thereof a suitable sign upon which shall be printed, painted or otherwise designated, as near as may be practicable, the slogan set out in the previous section of this act.

      Sec. 3a.  The state printer is hereby charged with the duty of placing upon all letterheads and other state stationery as far as is practicable, and upon all state publications designed for advertising purposes, the slogan as set out in section 2 of this act; and to immediately after the passage and approval of this act, reproduce this act for mailing or other distribution to all business houses of the state as may be directed by the state board of publicity.

Publicity commission created

 

 

 

 

 

 

 

 

 

 

Publications furnished mastheads

 

 

 

 

 

 

Suggested slogan

 

 

 

Duties of highway department

 

 

 

Duties of state printer


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

ê1937 Statutes of Nevada, Page 384 (CHAPTER 177, AB 316)ê

 

 

 

Participation of business organizations requested

 

Appropriation, $2,500

 

 

 

 

In effect

      Sec. 3b.  To further bring to the attention of the world and to further crystallize the herein-defined economic policy of the State of Nevada as its accepted slogan, all hotels, business houses, organizations and societies of Nevada are urged to, so far as is practicable, carry the herein set-forth slogan on their stationery and other printed forms.

      Sec. 4.  For the purposes of carrying out the provisions of this act there is hereby appropriated the sum of two thousand five hundred ($2,500) dollars out of any funds in the treasury of the State of Nevada not otherwise especially appropriated, into a fund to be known as the “State of Nevada Publicity Fund,” and all claims approved by the board hereby created shall be paid out of said fund in the same manner as other claims are paid in the State of Nevada.

      Sec. 5.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

CHAPTER 178, AB 314

 

 

 

 

 

 

 

 

 

 

 

 

 

Lands ceded to federal government

 

 

 

Description of lands

[Assembly Bill No. 314–White Pine County Delegation]

 

Chap. 178–An Act ceding to the United States jurisdiction of this state over certain lands to be acquired by the United States desired to facilitate the administration of the Nevada national forest affairs, reserving the right of taxation, and retaining civil and criminal jurisdiction over persons thereon except in certain cases; and other matters properly relating thereto.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The consent of the State of Nevada is hereby given, in accordance with the seventeenth clause, eighth section, of the first article of the constitution of the United States, to the acquisition by the United States of the following described land in White Pine County, Nevada, desired to facilitate the administration of the Nevada national forest affairs:

      In township fourteen north, range fifty-eight east, Mount Diablo base and meridian, the southwest quarter of the southeast quarter of section twenty-seven, the southwest quarter the southeast quarter of section twenty-eight, the north half of the northeast quarter and the southeast quarter of the northeast quarter of section thirty-four; and the northwest quarter of the northeast quarter, the southwest quarter of the northwest quarter and the northwest quarter of the southwest quarter of section thirty-five.


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

ê1937 Statutes of Nevada, Page 385 (CHAPTER 178, AB 314)ê

 

      In township fifteen north, range fifty-eight east, Mount Diablo base and meridian, the southeast quarter of the northeast quarter and the northeast quarter of the southeast quarter of section three, the northwest quarter of the northeast quarter of section ten, the northeast quarter of the northeast quarter of section eleven, the southwest quarter of the northwest quarter of section twelve, the south half of the northeast quarter and the east half of the southeast quarter of section twenty-four, and the southeast quarter of the northeast quarter and the east half of the southeast quarter of section thirty-six.

      In township sixteen north, range fifty-eight east, Mount Diablo base and meridian, the west half of the southeast quarter and the west half of the southwest quarter of section twenty-four, the northwest quarter of the northwest quarter and the south half of the southwest quarter of section twenty-five, and the southeast quarter of the northeast quarter and the northeast quarter of the southeast quarter of section twenty-six.

      In township seventeen north, range fifty-eight east, Mount Diablo base and meridian, the northwest quarter of the northeast quarter, the south half of the northwest quarter and the northeast quarter of the northwest quarter of section thirty-four; and the west half of the northeast quarter, the northeast quarter of the northwest quarter and the northwest quarter of the southeast quarter of section thirty-six.

      In township eighteen north, range fifty-eight east, Mount Diablo base and meridian, the east half of the southeast quarter of section one, the northeast quarter of the northeast quarter of section two, the southeast quarter of the northeast quarter of section ten, the east half of the southwest quarter of section eleven; the north half of the north half, the east half of the southeast quarter, the southwest quarter of the northwest quarter and the northwest quarter of the southwest quarter of section twelve; the southeast quarter of the northeast quarter and the northeast quarter of the southeast quarter of section fifteen, the south half of the southwest quarter of section twenty-three, the southwest quarter of the southeast quarter of section twenty-four, the northwest quarter of the northeast quarter of section twenty-five, the north half of the northwest quarter and the northeast quarter of the northeast quarter of section twenty-six, the northeast quarter of the northeast quarter of section thirty-five; and the north half of the southeast quarter, the northwest quarter of the northwest quarter and the southeast quarter of the northwest quarter of section thirty-six.

      In township thirteen north, range fifty-nine east, Mount Diablo base and meridian, the northeast quarter of the northeast quarter, the southwest quarter of the northeast quarter and the west half of the southwest quarter of section six; the northwest quarter of the northwest quarter, the west half of the southwest quarter and the southeast quarter of the southeast quarter of section seven; the southeast quarter of the southeast quarter, the northwest quarter of the southeast quarter, the northeast quarter of the southwest quarter and the southwest quarter of the northwest quarter of section thirteen; the southeast quarter of the northeast quarter and the northwest quarter of the southeast quarter of section fourteen, the northeast quarter of the southeast quarter of section fifteen, the southeast quarter of the northwest quarter of section seventeen; the southeast quarter of the northeast quarter, the northeast quarter of the southeast quarter, the southwest quarter of the northwest quarter and the northwest quarter of the southwest quarter of section eighteen; the northwest quarter of the northeast quarter of section twenty, the northwest quarter of the southwest quarter of section twenty-one; the southwest quarter of the northeast quarter, the north half of the southeast quarter and the southwest quarter of section thirty-one; and the north half of the southwest quarter and the southeast quarter of the southwest quarter of section thirty-two.

Description of lands


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

ê1937 Statutes of Nevada, Page 386 (CHAPTER 178, AB 314)ê

 

Description of lands

quarter and the west half of the southwest quarter of section six; the northwest quarter of the northwest quarter, the west half of the southwest quarter and the southeast quarter of the southeast quarter of section seven; the southeast quarter of the southeast quarter, the northwest quarter of the southeast quarter, the northeast quarter of the southwest quarter and the southwest quarter of the northwest quarter of section thirteen; the southeast quarter of the northeast quarter and the northwest quarter of the southeast quarter of section fourteen, the northeast quarter of the southeast quarter of section fifteen, the southeast quarter of the northwest quarter of section seventeen; the southeast quarter of the northeast quarter, the northeast quarter of the southeast quarter, the southwest quarter of the northwest quarter and the northwest quarter of the southwest quarter of section eighteen; the northwest quarter of the northeast quarter of section twenty, the northwest quarter of the southwest quarter of section twenty-one; the southwest quarter of the northeast quarter, the north half of the southeast quarter and the southwest quarter of section thirty-one; and the north half of the southwest quarter and the southeast quarter of the southwest quarter of section thirty-two.

      In township thirteen north, range sixty east, Mount Diablo base and meridian, the northwest quarter of the southwest quarter of section six, the southwest quarter of section eighteen; the northeast quarter of the northwest quarter, the southwest quarter of the northeast quarter and the north half of the southeast quarter of section nineteen; and the northwest quarter of the southwest quarter of section twenty.

      In township fourteen north, range fifty-nine east, Mount Diablo base and meridian, the southwest quarter of the southeast quarter of section five, the northeast quarter of the southeast quarter of section seven, the west half of the southwest quarter and the southwest quarter of the northwest quarter of section eight, the northwest quarter of the northwest quarter of section seventeen, the northeast quarter of the northeast quarter of section eighteen, the east half of the southeast quarter of section twenty-eight; the southwest quarter of the southwest quarter, the northeast quarter of the southwest quarter, the north half of the southeast quarter, the east half of the northeast quarter and the southwest quarter of the northeast quarter of section thirty-two; the north half of the north half and the southwest quarter of the northwest quarter of section thirty-three, the north half of the northwest quarter, and the northwest quarter of the northeast quarter of section thirty-four, and the northeast quarter of the northwest quarter of section thirty-six.


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

ê1937 Statutes of Nevada, Page 387 (CHAPTER 178, AB 314)ê

 

      In township twelve north, range sixty east, Mount Diablo base and meridian, the south half of the south half and the north half of the southwest quarter of section five; and the south half of the northwest quarter, the southwest quarter of the northeast quarter, the north half of the southeast quarter and the southeast quarter of the southeast quarter of section six.

      Sec. 2.  The State of Nevada hereby reserves the right to tax persons and corporations and their property situate on said described lands pursuant to its tax and revenue laws; and said state hereby retains its civil and criminal jurisdiction over all persons within or who may come within any of the said lands, except as to offenses against the United States, and all such persons shall retain all their rights and privileges and perform their duties as citizens and inhabitants of the state according to its laws.

      Sec. 3.  All acts or parts of acts in conflict herewith are hereby repealed.

      Sec. 4.  This act shall be in full force and effect from and after its passage and approval.

Description of lands

 

 

 

 

Certain rights reserved by state

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 179, AB 220

[Assembly Bill No. 220–Messrs. Cline, Tapscott, and Bacigalupi]

 

Chap. 179–An Act to provide for the control, prevention and cure of venereal diseases; defining the powers and duties of the state board of health with reference thereto; providing for the granting of state financial aid for the control, prevention and cure of venereal diseases; making an appropriation therefor; prescribing penalties for violations of the act and for violations of the regulations issued thereunder by the state board of health; and other matters properly relating thereto.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Definitions.  When used in this act, the following terms shall, unless the context otherwise indicates, have the following respective meaning:

      The word “Board” means the state board of health of the State of Nevada.

      The expression “venereal disease” includes syphilis, gonorrhea, chancroid, lymphogranuloma inguinale, granuloma inguinale, yaws, or any other recognized venereal disease.

      The term “diseased person” or “infected person” shall include any person infected with any venereal disease.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definitions


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

ê1937 Statutes of Nevada, Page 388 (CHAPTER 179, AB 220)ê

 

 

Duties and powers of state board of health

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriations

      The term “disease” or “such disease” shall mean any venereal disease.

      Sec. 2.  Duties and Powers of State Board of Health.  In addition to the other duties now imposed upon it by law, the state board of health is charged with the duty of controlling, preventing and curing venereal diseases. It shall cooperate with the public health service of the U. S. government, and with physicians and surgeons, public and private hospitals, dispensaries, clinics, public and private schools, normal schools and colleges, penal and charitable institutions, industrial schools, local health officers and boards of health, institutions caring for the insane, and any other person or persons, in the control, prevention and cure of venereal diseases.

      In addition to other powers and duties, the state board of health shall have the power to promulgate such rules and regulations as are necessary to effectuate the control, prevention and cure of venereal diseases in this state, and to prescribe reasonable rules and regulations and methods for the treatment of such diseases. The board shall conduct such educational and publicity work as it may deem necessary and shall, from time to time, cause to be issued free of charge to any of the persons or institutions above named, a copy of such of its rules and regulations, pamphlets and other literature issued by it, as it deems reasonably necessary.

      The board shall have the power to receive any financial aid made available by any private, state or federal or other grant or source, and shall use such funds to carry out the provisions of this act.

      The board shall have the power to promulgate all necessary rules and regulations providing for the quarantine of any diseased persons, where such quarantine appears to the board to be reasonably necessary to carry out the provisions of this act.

      Sec. 3.  Appropriations.  For the purpose of carrying out the provisions of this act, the sum of $7,000 is hereby appropriated, out of any money not otherwise appropriated, and the state controller is hereby authorized to draw the warrants on the state treasury for the amount of claims, when approved by the state board of health and by the board of examiners, and the state treasurer is hereby directed to pay the same.

      Funds appropriated under the provisions of this act shall be used in the control and treatment of venereal diseases, but any portion thereof may, upon the recommendation of the state board of health, be used in cooperating with county or city officials in the organization and maintenance of full-time county or district health departments; provided, that it shall be mandatory upon such full-time county or district health departments to conduct a venereal disease control program in accordance with rules and regulations which shall be approved by the state board of health.


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

ê1937 Statutes of Nevada, Page 389 (CHAPTER 179, AB 220)ê

 

it shall be mandatory upon such full-time county or district health departments to conduct a venereal disease control program in accordance with rules and regulations which shall be approved by the state board of health.

      Sec. 4.  Clinics, Dispensaries and Prophylactic Stations and Financial Aid in Certain Cases.  The board may establish and support such clinics, dispensaries, and prophylactic stations as may from time to time in its judgment appear reasonably necessary for the control, prevention, and cure of venereal diseases in this state, and may provide financial or other assistance to such clinics, dispensaries and stations as already are or may be established; providing, however, that the board shall have the power to prescribe such reasonable rules and regulations for the conduct of such clinics, dispensaries, or stations as appear to the board to be reasonably necessary. Whenever it shall appear to the satisfaction of the board that any person in this state infected with a venereal disease is unable to afford approved treatment for such disease, the board, subject to such reasonable rules and regulations as it may promulgate, may cause to be issued to any licensed physician in this state, or to any clinic or dispensary approved by it, medical supplies for or direct financial aid to be used in the treatment of such person’s disease, or both such supplies and financial aid, providing that such physician, dispensary, or clinic shall comply with such reasonable rules and regulations as the board may prescribe.

      Sec. 5.  Reports of Cases.  Every physician, druggist, pharmacist, seller, or dispenser of any proprietary or other medicine, nurse, health officer, director of a laboratory, technician, clinic, dispensary or any other person making a medical, bacteriological, serological or other examination which shall indicate the existence of any venereal disease in any person, or who is treating, treats, or attempts to treat such disease in any person, shall immediately report such fact to the board on blanks furnished by said board. Such report shall not require the name, but may require the initials and date of birth of the diseased person and shall include such other information as the board may require. A duplicate of such report including the correct name and address of the diseased person shall be permanently retained by the person, dispensary, or clinic making such report.

      Sec. 6.  Duties of Persons Making Reports.  It shall be the duty of any person, dispensary, or clinic making any of the reports mentioned in section 5 hereof to instruct such diseased person in the precautionary methods of preventing the spread of the disease, and in the necessity of systematic and prolonged treatment, and also to furnish to such diseased person printed directions for preventing infection, together with such literature or copies of rules or regulations promulgated by the board, or any other literature or pamphlets issued by said board, as the board shall direct.

 

 

 

Clinics, dispensaries and prophylactic stations and financial aid in certain cases

 

 

 

 

 

 

 

 

 

 

 

 

Reports of cases

 

 

 

 

 

 

 

 

 

 

Duties of persons making reports


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

ê1937 Statutes of Nevada, Page 390 (CHAPTER 179, AB 220)ê

 

 

 

Duties of persons making reports

 

 

 

 

 

 

 

 

Duties of reporting agent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty to report source of infection

with such literature or copies of rules or regulations promulgated by the board, or any other literature or pamphlets issued by said board, as the board shall direct.

      It shall be the duty of any individual making any report mentioned in section 5 hereof to determine whether or not such infected person submits or is submitting to any approved treatment for such disease, and to make reasonable efforts to induce such infected person to submit to such treatment. If it shall appear reasonably likely to the person making such report that the person found to be infected does not submit or is not submitting to such approved treatment the person making such report shall report such fact, on forms furnished by the board, to the local health officer or board of health in the city, town or county where such infected person resides, or if there is no local health officer or board of health, to the board, and there shall be included in such report the name and address of such infected person.

      If any person undergoing any treatment for any venereal disease shall discontinue such treatment while the disease is, or is reasonably likely to be in an infectious state, the person administering or providing or recommending treatment prior to such discontinuance shall determine whether such person is receiving approved treatment elsewhere. If it shall appear reasonably likely that such person is not receiving approved treatment for such person prior to such discontinuance, shall make all reasonable efforts to induce such person to resume approved treatment and shall, if it appears reasonably likely that such person has failed to resume approved treatment, report, on forms furnished by the board, the name and address of such person to the local health officer or board of health, or to the board where there is no such local health officer or board of health.

      It shall be the duty of any person, dispensary, or clinic giving, or administering, or prescribing for or advising any course of treatment to any diseased person, to determine the nature and extent of any treatment which such diseased person was previously submitted to, and to apprise, on forms furnished by the board, the person who previously administered such treatment that such diseased person is presently undergoing treatment with him or it, and it shall be the duty of such diseased person to give the information required by this section.

      Duty to Report Source of Infection.  It shall be the duty of any diseased person to report to any of the persons making any report mentioned in section 5 hereof the source of the infection, if the same is known, together with the name and address of such source, if such source is a human being.


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

ê1937 Statutes of Nevada, Page 391 (CHAPTER 179, AB 220)ê

 

It shall then be the duty of the person receiving such information to communicate such information, on forms furnished by the board, to the local health officer or board of health, or to the board where there is no such local health officer or board of health.

      Sec. 7.  Duties of Diseased Persons.  In addition to the duties herein elsewhere imposed, it shall be the duty of any diseased person to comply with all rules and regulations issued by the board and all the provisions of this act, and to give all the information required by this act, and from time to time to submit to approved medical examinations to determine whether such disease is in an infectious state. It shall also be the duty of any diseased person to conduct himself, or herself, in a manner which will be not likely to spread such disease, and to submit to approved treatment until the venereal disease with which he or she is infected is no longer in an infectious state.

      Sec. 8.  Suspected Sources May Be Examined.  Whenever any local board of health or health officer or the board shall receive a report from any person that any person in this state is reasonably suspected to be infected with any venereal disease in an infectious state, and it is reasonably likely that such person is not undergoing any type of approved treatment for such disease, such local health officer, or board of health, or the board may cause an approved medical examination to be made of such person for the purpose of ascertaining whether or not he or she is in fact infected with such disease, and it shall be the duty of every person so suspected to submit to such an examination and to permit such specimens of blood or bodily discharges to be taken for laboratory examinations as may be reasonably necessary to establish the presence or absence of such disease or infection, in addition to those above mentioned.

      Sec. 9.  Certain Conduct Prohibited.  No person having any venereal disease in an infectious stage shall conduct himself or herself in any manner likely to expose others to infection. No such person shall act as a bartender or soft-drink dispenser, or dishwasher, nor shall such person engage in the preparation or serving of any foodstuff, nor shall any such person engage in nursing, or caring for children or sick persons, or any other occupation of such a nature that his or her infection may be transmitted to others.

      Whenever it appears to the board to be reasonably necessary for the purpose of carrying out the provisions and intent of this act to forbid diseased persons from engaging in any calling other than those mentioned in this act, the board is empowered to promulgate rules and regulations designating such callings and forbidding such diseased persons to engage in such callings.

 

 

 

Duties of diseased persons

 

 

 

 

 

 

Suspected sources may be examined

 

 

 

 

 

 

 

 

Certain conduct prohibited


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

ê1937 Statutes of Nevada, Page 392 (CHAPTER 179, AB 220)ê

 

 

 

Duties of local health authorities

 

 

 

 

 

Restrictions on application of act

 

 

 

 

 

 

 

 

 

 

Mandamus proceedings provided for

board is empowered to promulgate rules and regulations designating such callings and forbidding such diseased persons to engage in such callings.

      Sec. 10.  Duties of Local Health Authorities.  It shall be the duty of all local or state health officers, boards of health, or other health authorities, to use all reasonable means to ascertain the existence of cases of infectious venereal diseases within their respective jurisdictions, to investigate all cases that are not receiving approved treatment, and to ascertain so far as possible all sources of infection, and to take all measures reasonably necessary to prevent such sources from transmitting such infection.

      Sec. 11.  Restrictions on Application of Act.  Nothing in this act shall be construed to empower or authorize the board, or its representatives, or any local or other board of health or health officer, or any other person, to interfere in any manner with any diseased person’s right to receive approved treatment from any licensed physician or clinic or other person of his or her choice; provided, however, that the board shall have the power to prescribe approved methods of treatment to be used by the physician, clinic, or other person treating such diseased person. No person making any of the reports mentioned in section 5 of this act, nor any other person, shall disclose to any person the name, or address, of any diseased person excepting where such disclosure is authorized or required by this act, or in prosecutions for violations of this act, or in mandamus proceedings authorized by this act.

      Sec. 12.  Mandamus Proceedings Provided for.  Where it appears to the board or any local health officer or board of health that any person has refused to comply with any rule or regulation of the board, or to comply with any provisions of this act or to submit to approved treatment or examination where such treatment or examination is required by this act, or where any person has refused to give any of the information required by this act or has refused to perform any of the duties imposed by this act, the board, or any health officer of board of health, may institute mandamus proceedings against such person in the district court of the county of his or her residence to require performance of any duty imposed by this act, or compliance with its provision or any order or regulation of the board. The district court in which such proceeding is instituted is empowered to make any proper order reasonably necessary to carry out the purpose, intent, or any provision of this act, or to compel compliance with any rule or regulation of the board, or any provision of this act.

      In any such proceeding any physician, health officer or other person shall be competent and may be required to testify as a witness, anything in section 8974 Nevada Compiled Laws to the contrary notwithstanding.


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

ê1937 Statutes of Nevada, Page 393 (CHAPTER 179, AB 220)ê

 

testify as a witness, anything in section 8974 Nevada Compiled Laws to the contrary notwithstanding.

      Sec. 13.  Penalties.  Any person violating any rule or regulation of the board, or any provision of this act, or refusing to give any of the information or to make any report, or refusing to submit to any treatment or examination required by this act, or refusing to perform any duty or act required by this act, or knowingly exposing any person to or infecting any person with any venereal disease; or any person infected with venereal disease in an infectious state who knows of such condition and who marries or has sexual intercourse, is guilty of a misdemeanor punishable by a fine not exceeding $500, or imprisonment in the county jail for a term not exceeding six months, or both such fine and imprisonment. The license of any licensed physician or surgeon failing, neglecting or refusing to comply with any of the rules or regulations of the state board of health, or any of the terms of this act, may be suspended by the state board of medical examiners of the State of Nevada for a period not exceeding six months. In any prosecution for a violation of any of the provisions of this act, or any rule or regulation of the state board of health, any physician, health officer or any other person may be competent and may be required to testify against any person against whom such prosecution is instituted, anything in section 8974 Nevada Compiled Laws to the contrary notwithstanding.

      Sec. 14.  Retroactivity.  All of the provisions of this act are declared to be retroactive and to apply in all instances whether the diseased person became infected or commenced treatment before or after the effective date of this act; provided, however, that no act performed before the effective date of this act shall be subject to any criminal prosecution under this act.

      Sec. 15.  Publicity Prohibited.  Any person causing the name of any person against whom any mandamus proceeding or criminal prosecution is instituted, as provided for by this act, to appear in any newspaper or magazine without the consent of such person, or any person who reveals the name of any such person except as authorized by this act, or as such person shall consent, is guilty of a misdemeanor punishable by a fine not exceeding $500, or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. All persons other than judges, attorneys, clerks, bailiffs or other officers of the court shall be excluded from the courtroom in which any such mandamus proceeding or criminal prosecution is being tried, unless the person against whom such proceeding is pending shall give his permission for such other persons to be present at the trial of such proceeding.

 

 

Penalties

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Retroactivity

 

 

 

 

Publicity prohibited


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

ê1937 Statutes of Nevada, Page 394 (CHAPTER 179, AB 220)ê

 

Counsel provided for

 

 

Constitutionality

 

 

 

 

 

Repeal

      Sec. 16.  Counsel Provided For.  It shall be the duty of the district attorney of the county in which any mandamus proceeding authorized by this act is or is to be instituted to represent the board in such proceeding.

      Sec. 17.  Constitutionality.  If any section, subsection, sentence, clause, or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature herby declares that it would have passed this act, and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional.

      Sec. 18.  Repeal.  All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

 

________

 

CHAPTER 180, AB 251

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unlawful to destroy plant life

[Assembly Bill No. 251–Mr. Hussman]

 

Chap. 180–An Act to prohibit the removing, picking, cutting, destroying, or mutilating of any tree, shrub, plant, fern, wild flower, cacti, desert flora or any seeds, roots or bulbs of either or any of the foregoing, from any private land or lands belonging to or under the control of the State of Nevada or from any privately owned land, without permission; and providing a penalty for the violation hereof; and repealing all acts and parts of acts in conflict therewith, and other matters relating thereto.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the passage and approval of this act it shall be unlawful for any person, firm, company or corporation, his, its or their agent or agents to willfully or negligently cut, destroy, mutilate, pick or remove any tree, Christmas tree, shrub, plant, fern, wild flower, cacti, desert flora, or any seeds, roots or bulbs of either or any of the foregoing from any of the lands owned by or under the control of the State of Nevada or from any private lands, without a written permit from the board of county commissioners of the county in which the same may be situated, in the case of land owned or controlled by the state, or without written permission therefor from the owner or occupant of any private land, in the case of private land. For the purpose of this act a Christmas tree shall include any evergreen tree or part thereof cut and removed from the place where grown without the foliage having been removed.


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

ê1937 Statutes of Nevada, Page 395 (CHAPTER 180, AB 251)ê

 

      Sec. 2.  Every person violating the provisions of section 1 of this act shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not less than ten ($10) dollars and not more than two hundred ($200) dollars, or by imprisonment in the county jail for not less than five days nor more than three months for each and every violation of this act. All Christmas trees unlawfully cut and possessed shall be subject to confiscation by the forest ranger and any peace officer. The provisions of this act shall not apply to persons picking cacti or other desert flora for the use and adornment of homes and gardens within the State of Nevada; provided, nothing herein contained shall apply to institutions of learning of the State or of the United States, or research activity conducted for purely scientific purposes or in the advancement of agriculture, botany, or any of the sciences.

      Sec. 3.  This act shall take effect from and after its passage and approval.

Penalty for violation of act

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 181, Senate Substitute for Assembly Bill No. 271

[Senate Substitute for Assembly Bill No. 271–Clark County Delegation]

 

Chap. 181–An Act authorizing and empowering the boards of county commissioners of the several counties of this state to take care of, preserve, or promote the agricultural, mining, and other resources and advantages of their respective counties; providing ways and means for these purposes, and repealing acts and parts of acts in conflict herewith.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The boards of county commissioners of the several counties of this state are hereby authorized and empowered to, in their discretion, annually include in their respective county budgets items to cover the expense of exploiting, promoting, and publishing to homeseekers and the public at large, by any means in their judgment calculated to accomplish this purpose, the agricultural, mining, and other resources, progress, and advantages of their respective counties.

      Sec. 2.  Such expenditures as may by the board of county commissioners of any county in this state be decided upon shall be met by including the same in the annual tax levy of and for that county; provided, that the tax levy shall not in any one year exceed three (3) cents on each one hundred dollars of the assessed valuation of the property in that county; provided, that in counties in which there were cast for representative in Congress at the general election in 1936, 6,221 or more votes, the county commissioners of such counties may levy a tax of eight (8) cents on each one hundred dollars of the assessed valuation of property in that county; provided further, that pending the accumulation and setting aside of the fund for the purposes authorized by this act, said boards of county commissioners are hereby authorized and empowered to pledge their respective counties for said purposes to an amount not exceeding the sum to be raised as in this section provided, and to be paid out of the fund raised and set aside therefor as herein authorized.

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of boards of county commissioners in exploiting resources of county

 

 

 

 

Tax may be levied; provisos


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

ê1937 Statutes of Nevada, Page 396 (CHAPTER 181, Senate Substitute for Assembly Bill No. 271)ê

 

 

Tax may be levied; provisos

 

 

 

 

 

 

Repeal

In effect

for representative in Congress at the general election in 1936, 6,221 or more votes, the county commissioners of such counties may levy a tax of eight (8) cents on each one hundred dollars of the assessed valuation of property in that county; provided further, that pending the accumulation and setting aside of the fund for the purposes authorized by this act, said boards of county commissioners are hereby authorized and empowered to pledge their respective counties for said purposes to an amount not exceeding the sum to be raised as in this section provided, and to be paid out of the fund raised and set aside therefor as herein authorized.

      Sec. 3.  All acts and parts of acts, insofar as they may be in conflict with the provisions of this act, are hereby repealed.

      Sec. 4.  This act shall be effective from and after its passage and approval.

 

________

 

CHAPTER 182, AB 148

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for control of injurious pests

 

 

 

 

Outside agencies asked to cooperate

 

 

In effect

[Assembly Bill No. 148–Committee on Agriculture]

 

Chap. 182–An Act providing for the investigation and control of injurious insect pests in the State of Nevada, and making an appropriation therefor.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of investigating the prevalence of and controlling Mormon crickets, grasshoppers, alfalfa weevils, and other insect pests which may be injurious to the agricultural industry in the State of Nevada, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, the sum of ten thousand ($10,000) dollars, or so much thereof as may be necessary for the period between the passage and approval of this act and June 30, 1939; the money hereby appropriated to be expended under the direction of the state quarantine officer. All claims against this appropriation shall be approved by the state quarantine officer and the state board of examiners.

      Sec. 2.  For the more efficient and economical carrying out of the provisions of this act, the state quarantine officer is hereby authorized to cooperate, financially or otherwise, with any individual, firm or corporation, or with any county, or with any department of the Nevada or other state government, or any agency of the federal government.

      Sec. 3.  This act shall become effective on and after its passage and approval.

 

________

 

 


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

ê1937 Statutes of Nevada, Page 397ê

CHAPTER 183, AB 145

[Assembly Bill No. 145–Committee on Livestock]

 

Chap. 183–An Act making an appropriation to assist the state board of stock commissioners in combating certain livestock diseases constituting a menace to the public health.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of ten thousand ($10,000) dollars, or so much thereof as may be necessary, to be expended by the state board of stock commissioners, during the biennium ending June 30, 1939, for the better control and eradication of tuberculosis, Bang’s disease, or any other disease of livestock communicable to human beings, in cooperation with the United States bureau of animal industry, or otherwise.

      Sec. 2.  Any claims against this appropriation shall be audited and approved by the state board of stock commissioners and forwarded to the state board of examiners for approval and payment in the manner provided by law.

 

 

 

 

 

 

 

 

 

 

 

Appropriation to combat diseases of livestock

 

 

 

 

Claims to be audited and approved

 

________

 

CHAPTER 184, AB 132

[Assembly Bill No. 132–Mr. Baring]

 

Chap. 184–An Act providing for the exhibits of the State of Nevada at the Golden Gate international exposition to be held near the city of San Francisco, California, in 1939, providing for the appointment of a board of commissioners and honorary directors, creating a board of directors, and making an appropriation for such exhibits, and other matters properly connected therewith.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  On or before the first Monday in May 1937, the governor of the State of Nevada shall appoint three citizens of the State of Nevada to be known as exposition commissioners of the State of Nevada for the Golden Gate international exposition to be held at the island of Yerba Buena, located in San Francisco Bay, California.

      Sec. 2.  The governor of the State of Nevada shall appoint a board of directors for the State of Nevada for said exposition, consisting of three citizens of Nevada, whose duty it shall be to employ superintendents, directors, clerks, and other persons upon such terms as may be deemed just and equitable for the purpose of carrying out the provisions of this act, and for the further purpose of cooperating and advising with the board of exposition commissioners in carrying out the provisions of this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exposition commission for Golden Gate exposition

 

Governor to appoint commission; duties of


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

ê1937 Statutes of Nevada, Page 398 (CHAPTER 184, AB 132)ê

 

 

 

 

 

Honorary board to be appointed

 

 

Actual expenses of board provided

 

 

Tax levy to provide funds

 

 

 

Appropriation, $25,000

 

 

 

 

 

 

 

 

 

All public agencies requested to assist

 

 

 

Commission to file report

equitable for the purpose of carrying out the provisions of this act, and for the further purpose of cooperating and advising with the board of exposition commissioners in carrying out the provisions of this act.

      Sec. 3.  On or before the first Monday of May 1937, the board of directors shall appoint five citizens of the State of Nevada as honorary directors, whose duty it shall be to cooperate and advise with the board of exposition commissioners and the board of directors in carrying out the general provisions of this act.

      Sec. 4.  The exposition commissioners, the board of directors and the honorary members herein provided for, shall receive actual and necessary traveling expenses and other legitimate and necessary expenses incurred in connection with the carrying out of the provisions of this act.

      Sec. 5.  For the fiscal years, commencing July 1, 1937, and July 1, 1938, an ad valorem tax of six and one-half mills on each hundred dollars of taxable property is hereby levied and directed to be collected for each of said years upon all taxable property in the state, including the net proceeds of mines and mining claims, except such property as is exempt by law from taxation, the proceeds of which shall be placed in a special fund in the state treasury to be known as the 1939 exposition fund.

      Sec. 6.  There is hereby appropriated the sum of twenty-five thousand dollars from the said 1939 exposition fund which shall be devoted to the conduct of an exhibit of the state’s resources at the said Golden Gate international exposition to be held near the city of San Francisco, California, in 1939, and all disbursements from said appropriation shall be on certificates of the exposition commissioners approved by a majority of the board of directors and by the state board of examiners, when the state controller shall draw his warrant and the state treasurer pay the same; provided, that the sum herein above set out shall include every expense incident to Nevada’s participation in such exposition, and no person is authorized to incur any additional expenses or obligation on the part of the State of Nevada of any kind or character.

      Sec. 7.  It shall be the duty of all public institutions, administrative offices, boards and commissions of the State of Nevada, to assist the exposition commissioners, the board of directors, and the honorary directors herein provided for in every possible way, by supplying them with such information and material as will add to the attractive features of the exhibits.

      Sec. 8.  The exposition commissioners and the board of directors shall report in writing to the next succeeding legislature concerning the progress of their work.


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

ê1937 Statutes of Nevada, Page 399 (CHAPTER 184, AB 132)ê

 

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

In effect

 

________

 

CHAPTER 185, Senate Substitute for Assembly Bill No. 22

[Senate Substitute for Assembly Bill No. 22–Committee on Livestock]

 

Chap. 185–An Act relating to the transportation of neat cattle, horses, mules, asses, sheep or hogs, either dead or alive, upon the public highways of the State of Nevada; requiring a permit therefor, and providing penalties for the violation of this act; providing for the enforcement hereof, and other matters properly relating thereto.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person transporting or carrying from place to place on and over the public highways of the State of Nevada, one or more neat cattle, horses, mules, asses, sheep or hogs, either dead or alive, shall first obtain from the sheriff of the county wherein the shipment originates, or from any deputy sheriff of the county, or from any other person authorized by the sheriff of the county to so act, a permit for such transportation; provided, the provisions and terms of this act do not apply to the transportation of any of said livestock by a bona fide livestock producer operating as such in Nevada in the customary movement or transportation of any livestock from one ranch or range to another ranch or range operated by such producer.

      Sec. 2.  It shall be the duty of the person desiring such permit to make application therefor to the sheriff of the proper county or to the deputy sheriff thereof, or to any other person in said county who has been authorized by the sheriff to issue such permits.

      Sec. 3.  Such application shall be upon a proper form to be prepared by the sheriff, which form of application shall require of the person making the application the following information:

      (1) Place of residence or of business, and the name or the style under which the business is conducted; and whether individual, firm, company, partnership, or corporation;

      (2) If operating under a common carrier’s certificate or a contract carrier’s permit, the number thereof;

      (3) The truck, trailer, and/or automobile license number, engine and serial number;

      (4) The owner, shipper, and consignee of the livestock and evidence of the same; the number of head, and whether to be shipped dead or alive;

 

 

 

 

 

 

 

 

 

 

 

 

 

Permit to transport cattle, horses, etc., over highways must be procured; proviso

 

 

 

 

 

Application for permit to be made to sheriff

 

 

Form of application


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

ê1937 Statutes of Nevada, Page 400 (CHAPTER 185, Senate Substitute for Assembly Bill No. 22)ê

 

 

 

 

 

 

Duties of sheriff or person issuing permit

 

 

 

 

 

 

 

 

 

Permit must be in possession of permittee

 

 

 

 

 

Transporting without permit misdemeanor

 

 

 

 

Duties of peace officers

      (5) The brand, earmark, and color of each animal, as well as the age and sex; if any animal is unbranded such fact must be stated;

      (6) When and where the livestock is to be loaded for shipment;

      (7) The application shall be subscribed and sworn to by the applicant.

      Sec. 4.  Application having been made, as herein provided, it shall be the duty of the sheriff, or any other person properly authorized to so act, to issue the transportation permit to the applicant; provided, that the sheriff, deputy sheriff, or other person authorized to issue such permits is satisfied that the applicant is the legal owner of the livestock about to be transported, or is legitimately engaged in transporting livestock as a common or contract carrier. Such permit shall give the name of the applicant; the number of the common carrier certificate or contract carrier’s permit if the applicant is a common or contract carrier; the license number of the vehicle and/or trailer in which the livestock is to be transported; a description of the animals to be transported; the name of the owner, shipper, and consignee; origin and destination of shipment; date when shipment will be made. The permits shall be consecutively numbered and the officer issuing the permit shall endorse the date of issuance.

      Sec. 5.  The permit shall at all times be carried by the person to whom it was issued on the steering wheel of the vehicle for which it was issued; if issued for a trailer then the permit must be carried on the steering wheel of the vehicle furnishing the motive power. The permit shall be checked by every officer making an examination of the load, and the officer, or officers, making the examination shall endorse such fact on the reverse side of the permit, giving the date and hour of the examination, as well as such other facts as shall be deemed pertinent.

      Sec. 6.  Any person transporting one or more neat cattle, horses, mules, asses, sheep or hogs upon the public highways of the State of Nevada, without first having applied for and obtained a transportation permit as herein provided, or who shall give false information on the application for such permit, shall be guilty of a misdemeanor and upon conviction shall be imprisoned in the county jail for a term of not over six months and fined not to exceed $500, or by both such fine and imprisonment.

      Sec. 7.  It shall be the duty of every peace officer of the State of Nevada, including the state police and the state highway patrol, to enforce the provisions of this act and to stop and examine all vehicles engaged in the transportation of livestock, and to endorse the fact of such examination on the permit.


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

ê1937 Statutes of Nevada, Page 401 (CHAPTER 185, Senate Substitute for Assembly Bill No. 22)ê

 

of livestock, and to endorse the fact of such examination on the permit.

      Sec. 8.  Any person refusing to stop when requested so to do by any officer for the purpose of examination, or who shall alter, change or deface any word or figure on the permit shall, if found guilty, be deemed to have committed a misdemeanor and shall be punished for such offense in the same manner as if the permit had not been obtained.

      Sec. 9.  All persons authorized by this act to receive applications and to issue permits shall, upon the same day that the application was made and the permit issued, mail or deliver a true and correct copy of the application and the permit to the sheriff of the county. It shall be the duty of the sheriff to immediately file all such duplicate applications and permits in a book kept for such matters, which book shall at all times be open to the public for inspection.

      Sec. 10.  Wherever used in this act the word “person” shall and will be deemed to include “firm,” “company,” “partnership,” and/or “corporation”; and whenever used in this act the word “livestock” shall and will be deemed to include “neat cattle,” “horses,” “mules,” “asses,” “sheep,” and/or “hogs,” and shall mean either “dead or alive.”

      Sec. 11.  This act shall become effective on and after its passage and approval.

 

Certain violations of act punishable

 

 

 

 

Permits to be filed; open to public inspection

 

 

Terms defined

 

 

 

 

In effect

 

________

 

CHAPTER 186, SB 165

[Senate Bill No. 165–Senator Bell]

 

Chap. 186–An Act to promote the public safety by regulating the use by vehicles transporting inflammable liquids or gases or acids or explosive substances of grade crossings of public highways over steam railroad tracks within the State of Nevada; and providing penalties for the violation thereof.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful and punishable as provided in section 2 hereof for any driver of a vehicle engaged in transporting an inflammable liquid or gas or acid or an explosive substance (other than the fuel required and used by the vehicle itself), to fail or neglect to bring such vehicle to a full stop not less than ten (10) feet nor more than fifty (50) feet from the nearest rail to him of any steam railroad track over or across which, upon a public highway, such vehicle is about to cross at grade, notwithstanding the presence or absence of mechanical protection or warning or of a human flagman or watchmen at such crossing.

 

 

 

 

 

 

 

 

 

 

 

 

 

Transportation of inflammable liquids, etc., regulated


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

ê1937 Statutes of Nevada, Page 402 (CHAPTER 186, SB 165)ê

 

Penalty for violation

 

 

 

In effect

      Sec. 2.  Violation of any of the provisions of this act shall be a misdemeanor punishable by a fine of not less than ten dollars ($10) nor more than five hundred dollars ($500), or by imprisonment in a county jail not less than ten (10) nor more than sixty (60) days, or by both such fine and imprisonment.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

CHAPTER 187, SB 166

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relief appropriation, $419.08

[Senate Bill No. 166–Senator Robbins]

 

Chap. 187–An Act for the relief of Russell Daggs (Al Russell Sport Shop), Aston Mattress Company, Huntington Laboratories of Colorado, Armanko Office Supply Company, A. W. Hesson Company, Compton Book Supplies.

 

[Approved March 26, 1937]

 

      Whereas, The following-named persons and firms, to wit: Russell Daggs, Aston Mattress Company, Huntington Laboratories of Colorado, Armanko Office Supply, A. W. Hesson Company, Compton Book Supplies, did, prior to the 30th day of June 1935, furnish to Nevada school of industry, at Elko, Nevada, goods and wares and merchandise which were ordered for use by the superintendent of the Nevada school of industry; and

      Whereas, The fund of the said Nevada school of industry had been exhausted prior to the presentation of the said claims, and upon the presentation thereof to the state board of examiners the same was rejected for the reason that the fund had been exhausted; and

      Whereas, Said claims and each of them are just charges against account of said Nevada school of industry; and

      Whereas, There is no other method whereby said claims or any of them might be paid other than legislative action; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The claims of Al Russell Sport Shop, Aston Mattress Company, Huntington Laboratories of Colorado, Inc., Armanko Office Supply Company, A. W. Hesson Company, Compton Book Supplies, and each of them, is hereby allowed and declared to be a valid claim against the State of Nevada, and the sum of $419.08 is hereby appropriated out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, to pay said claims, and each of them, and the state controller is directed to draw a warrant in favor of each of said persons and firms in the amounts of said account after their respective names herein, and the state treasurer is directed to pay the same, to wit: Russell Daggs, $85; Al Russell Sport Shop, $20.20; Aston Mattress Co.,


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

ê1937 Statutes of Nevada, Page 403 (CHAPTER 187, SB 166)ê

 

amounts of said account after their respective names herein, and the state treasurer is directed to pay the same, to wit: Russell Daggs, $85; Al Russell Sport Shop, $20.20; Aston Mattress Co., $9; Huntington Laboratories of Colorado Incorporated, $110.27; Armanko Office Supplies, $4.82; A. W. Hesson, $180.76; Compton’s Book Supplies, $9.03.

      Sec. 2.  This act shall be in full force from and after its passage and approval.

 

 

 

 

 

In effect

 

________

 

CHAPTER 188, SB 164

[Senate Bill No. 164–Senator Robbins]

 

Chap. 188–An Act to amend an act entitled “An act to encourage and promote improvement in quality of livestock in the State of Nevada; to create the Nevada state livestock show board, and to provide for a state livestock show,” approved March 29, 1929.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 8 of the above-entitled act, being section 3910 N. C. L. 1929, is hereby amended to read as follows:

      Section 8.  The sum of three thousand ($3,000) dollars annually for each of the years 1937 and 1938 is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise specifically appropriated, to aid the Nevada state livestock show board in holding livestock shows at Elko, Nevada.

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $3,000 to aid livestock show board

In effect

 

________

 

CHAPTER 189, SB 144

[Senate Bill No. 144–Senator Dressler]

 

Chap. 189–An Act providing for the division of Douglas County, Nevada, into three county boards of education districts.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act it shall be the duty of the commissioners of Douglas County, Nevada, to divide said county into three educational districts for the purpose of electing members of the county high school board of education and for no other purpose. The county shall be divided for this purpose in such a manner that educational district No. 1 shall include the towns of Genoa and Centerville and the precincts of Genoa and Centerville; district No.

 

 

 

 

 

 

 

 

 

 

 

 

Education districts established


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

ê1937 Statutes of Nevada, Page 404 (CHAPTER 189, SB 144)ê

 

 

 

 

Election of members of county board

 

 

 

 

 

 

 

 

Vacancies, how filled

 

 

 

Repeal

Genoa and Centerville and the precincts of Genoa and Centerville; district No. 2 shall include the town of Minden and the precinct of Minden, and district No. 3 shall include the town of Gardnerville and the East Fork precinct.

      Sec. 2.  At every election hereafter at which members of the county board of education are to be elected, two members of the county board of education shall be elected from each one of said districts in which a vacancy may exist or may impend because of the expiration of the term of office of the incumbent member from that district, one member so elected to serve for two years and the other for four years; provided, that commencing with district No. 1 at the general election of 1938, each of said districts shall in turn be entitled to elect the long-term member of said county board of education in the order in which said districts are numbered; and provided further, that no two members shall serve at one and the same time from any one district.

      Sec. 3.  Whenever a vacancy shall occur on said board or a candidate fail to file from any one or more of said districts, it shall be the duty of the superintendent of public instruction to appoint some person from such district in which such vacancy occurs to fill such vacancy.

      Sec. 4.  All acts and parts of acts in conflict herewith are hereby repealed.

 

________

 

CHAPTER 190, Senate Substitute for Assembly Bill No. 72

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fatal accidents must be reported to commission

[Senate Substitute for Assembly Bill No. 72–Senator Foy]

 

Chap. 190–An Act to amend an act entitled “An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto,” approved March 28, 1919.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 34 of the above-entitled act, the same being section 6134 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 34.  (a) Every public utility, as defined in section 7 of this act, operating in this state, shall, whenever an accident occurs in the conduct of its operation causing death, give prompt notice thereof to the commission, in such manner and within such time as the commission may prescribe. If in its judgment the public interest requires it, the commission may cause an investigation to be made forthwith, of any accident, at such place and in such manner as the commission shall deem best.


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

ê1937 Statutes of Nevada, Page 405 (CHAPTER 190, Senate Substitute for Assembly Bill No. 72)ê

 

      (b) It shall be the duty of every such public utility to report to the commission, at the time, in the manner and on such forms as the commission shall by its printed rules and regulations prescribe, all accidents happening in this state and occurring in, on or about the premises, plant, instrumentality or facility used by any such utility in the conduct of its business.

      (c) It shall be the duty of the commission to promulgate and adopt all reasonable rules and regulations necessary for the administration and enforcement of this section; provided, such rules and regulations shall in any event require that all accidents required to be reported herein shall be reported to the commission at least once every calendar month by such officer, or officers, of the utility as the commission shall direct.

      (d) It shall be the duty of the commission to adopt and provide all accident report forms, which said forms shall be so designed as to provide a concise and accurate report of the accident and which report shall in any event show the true cause of the accident; provided, that the accident report forms adopted and provided for the reporting of railroad accidents shall be the same in design as near as may be as the railroad accident report forms provided and used by the federal interstate commerce commission.

      (e) In the event any accident reported to the commission shall be reported by the utility as being caused by or through the negligence of an employee and thereafter such employee is absolved from such negligence by the utility and found not to be responsible for the accident, such fact shall be reported by the utility to the commission.

      (f) All accident reports herein required shall be filed in the office of the commission and there preserved. Notwithstanding any other provisions of law, neither any accident report made as required by this act, nor any report of the commission made pursuant to any accident investigation made by it, shall be open to public inspection or disclosed to any person, except upon order of the commission, nor shall either or any of said reports, or any portion thereof, be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said accident report or report of any such investigation.

      Sec. 2.  This act shall be effective sixty (60) days from and after its passage and approval.

Fatal accidents must be reported to commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1937 Statutes of Nevada, Page 406ê

CHAPTER 191, SB 142

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nevada world’s fair commission created

 

Governor to appoint

 

 

 

 

Actual expenses paid commissioners

Duties of commissioners

 

 

 

Commission authorized to receive grants, etc.

 

Commission to cooperate with other agencies

[Senate Bill No. 142–Senator Robbins]

 

Chap. 191–An Act providing for the participation by the State of Nevada in the New York world’s fair to be held in New York City, New York, in 1939; providing for the creation of a state world’s fair commission, defining the powers and duties of said commission, and making an appropriation therefor, and other matters properly connected therewith.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of increasing tourist travel in the State of Nevada, and advertising the state’s agricultural, mineral, industrial, and recreational resources, a commission is hereby created to be known as the Nevada world’s fair commission.

      Sec. 2.  Said commission shall be composed of three members, citizens of the State of Nevada, to be appointed by the governor of the State of Nevada on or before the first day of June 1937. The governor of the State of Nevada shall be ex officio chairman of the commission. The commission shall organize at the call of the governor by electing a chairman, a vice chairman and secretary. The secretary need not be a member of the commission.

      Sec. 3.  The members of the commission shall not receive any compensation for their services, but shall be reimbursed for all actual expenses incurred in the performance of their duties, including traveling expenses.

      Sec. 4.  The commission shall arrange for the installation, maintenance, and advertising of the state’s tourist and recreational facilities, as well as the state’s agricultural, mineral, and industrial resources at the said New York world’s fair, and at its termination shall arrange for their return or disposal as it may decide.

      Sec. 5.  The commission shall have authority to accept gifts, grants, and donations of money or property in aid of such participation by the State of Nevada at the said New York world’s fair.

      Sec. 6.  The commission shall cooperate with the agencies and departments of the state government, and with private interests, in providing and arranging for such exhibits as it may deem advisable, and shall obtain space for such exhibits by selecting an appropriate site and making all arrangements by lease or otherwise on the lands upon which said New York world’s fair is to be held, and shall let all contracts required in its discretion for the construction and maintenance of such exhibits and shall perform such other acts as may be necessary to insure suitable and fitting participation by the State of Nevada in the said New York world’s fair, and the appropriate departments of the State of Nevada shall perform such duties in carrying out the provisions of this act as the commission requires.


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

ê1937 Statutes of Nevada, Page 407 (CHAPTER 191, SB 142)ê

 

acts as may be necessary to insure suitable and fitting participation by the State of Nevada in the said New York world’s fair, and the appropriate departments of the State of Nevada shall perform such duties in carrying out the provisions of this act as the commission requires. The life of said commission shall terminate one year after the official closing of the New York world’s fair.

      Sec. 7.  The sum of ten thousand ($10,000) dollars, or so much thereof as may be necessary, is hereby specifically appropriated to the state world’s fair commission for the purpose of carrying into effect the provisions of this act. All disbursements from said appropriation shall be on certificates of the said commission, approved by a majority of same and by the state board of examiners, whereupon the state controller shall draw his warrant and the state treasurer pay the same.

      Sec. 8.  The commission shall report in writing to the next succeeding legislature concerning the progress of its work.

      Sec. 9.  This act shall become effective immediately upon its passage and approval.

 

 

 

 

 

 

Appropriation, $10,000

 

 

 

 

Commission to file report

In effect

 

________

 

CHAPTER 192, SB 135

[Senate Bill No. 135–Committee on Agriculture, Irrigation, and Reclamation of Arid Lands]

 

Chap. 192–An Act to amend section 41 of an act of the legislature entitled “An act to provide revenue for the support of the government of the State of Nevada and to repeal certain acts relating thereto,” approved March 23, 1891.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 41 of the above-entitled act, being section 6449 of Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 41.  If the property is not redeemed within the time allowed by law for its redemption, the treasurer, or his successor in office must make to the purchaser, or his assignee, a deed of the property, reciting in the deed substantially the matters contained in the certificate of sale, and that no person has redeemed the property during the time allowed for its redemption. The treasurer shall be allowed a fee of three dollars for making such deed, which, together with the cost of acknowledging the same, shall be paid by the purchaser; provided, that when the deed is made to the county as the purchaser, the treasurer shall make the deed and the county clerk shall take the acknowledgment without charge; provided further, that such deeds hereafter issued shall be recorded in the office of the county recorder within thirty days from the date of expiration of the period of redemption.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Deeds of property sold for delinquent taxes


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

ê1937 Statutes of Nevada, Page 408 (CHAPTER 192, SB 135)ê

 

 

Deeds must be recorded within thirty days

 

 

 

 

 

 

 

 

 

 

 

 

Deeds convey absolute title

clerk shall take the acknowledgment without charge; provided further, that such deeds hereafter issued shall be recorded in the office of the county recorder within thirty days from the date of expiration of the period of redemption. If not so recorded, such deeds, and all proceedings relating thereto from and including the assessment, shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof, where the latter conveyance shall be first duly recorded. All such deeds, whether heretofore or hereafter issued, are primary evidence that the property was assessed as required by law; that the property was equalized as required by law; that the taxes were levied in accordance with law; that the taxes were not paid; that at a proper time and place the property was sold as prescribed by law, and by the proper officer; that the property was not redeemed; that the person who executed the deed was the proper officer; that where the real estate was sold to pay taxes on personal property, the real estate belonged to the person liable to pay the tax, and are (except as against actual fraud) conclusive evidence of the regularity of all other proceedings, from the assessment by the assessor, inclusive, up to the execution of the deed. Such deed conveys to the purchaser the absolute title to the property described therein, free of all incumbrances, except any lien for any taxes or assessments heretofore or hereafter levied by any irrigation or other district for irrigation or other district purposes, and except interest and penalties on the same, except when the land is owned by the United States, or this state, in which case it is prima-facie evidence of the right of possession accrued as of the date of the deed to the purchaser, but without prejudice to the lien for such other taxes or assessments, or the claim of any such district for such interest or penalties. No tax heretofore or hereafter assessed upon any property, or sale therefor, shall be held invalid by any court of this state on account of any irregularity in any assessment, or on account of any assessment or tax roll not having been made or proceeding had within the time required by law, or on account of any other irregularity, informality, omission, mistake or want of any matter of form or substance in any proceedings which the legislature might have dispensed with in the first place if it had seen fit so to do, and that does not affect the substantial property rights of persons whose property is taxed; and all such proceedings in assessing and levying taxes, and in the sale and conveyance therefor, shall be presumed by all the courts of this state to be legal until the contrary is affirmatively shown. No action or counterclaim for the recovery of lands sold for taxes shall lie unless the same be brought or interposed within three years after the execution and delivery of the deed therefor by the treasurer, any law to the contrary notwithstanding.


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

ê1937 Statutes of Nevada, Page 409 (CHAPTER 192, SB 135)ê

 

years after the execution and delivery of the deed therefor by the treasurer, any law to the contrary notwithstanding.

      Sec. 2.  The legislature intends by this amendment to declare and continue the existing law, and this act shall therefore operate and be applied retroactively.

      Sec. 3.  If any clause, sentence, phrase or other part of this act is for any reason held to be unconstitutional, or if the application of any provision of this act to any person or circumstance is held to be invalid, such decision shall not affect the remaining portions of this act. The legislature hereby declares that it would have passed the remaining portions of this act irrespective of the fact that any such clause, sentence or phrase or part of this act be declared unconstitutional.

 

 

 

 

 

Provisions of act to be construed separately

 

________

 

CHAPTER 193, SB 96

[Senate Bill No. 96–Committee on Agriculture, Irrigation, and Reclamation of Arid Lands]

 

Chap. 193–An Act to provide against losses to the state and its respective counties, townships, incorporated cities and irrigation districts through defalcation, misappropriation of funds or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for state, county, township, city and irrigation district officials, establishing a fund therefor, and other matters relating thereto; and to repeal all acts and parts of acts in conflict therewith.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Creation of Bond Trust Fund.  There is hereby created a fund to be known as the bond trust fund. The purpose of this fund is to assure the State of Nevada and the several counties, townships, incorporated cities and irrigation districts thereof against loss through defalcation, misappropriation of public funds or other wrongful acts of state or county officials, officials of townships, incorporated cities, or irrigation districts in the State of Nevada, whose official duties have to do with the handling of funds of the state, counties, townships, incorporated cities or irrigation districts and who are required by law to furnish personal or surety bonds.

      Sec. 2.  State Board of Finance Charged with Administration of Fund.  The state board of finance shall be charged with the administration of the bond trust fund, and shall have full power to invest any money in or belonging to said fund in bonds or treasury certificates of the United States, state bonds, or bonds of the counties of any incorporated municipality of the State of Nevada.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Creation of bond trust fund

 

 

 

 

 

 

State board of finance charged with administration of fund


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

ê1937 Statutes of Nevada, Page 410 (CHAPTER 193, SB 96)ê

 

 

 

 

 

 

 

 

 

State, county, townships, cities and irrigation districts to apply to board for surety

 

 

 

 

 

 

 

 

 

 

 

 

 

Premiums to be paid by state, county, incorporated cities or irrigation districts

municipality of the State of Nevada. The board shall also have power and authority to sell any bonds belonging to said fund as occasion may require. All premiums hereinafter mentioned, together with all interest derived from investments, profits from exchange of bonds or resulting from any action of the board contemplated by this act, shall become and remain a part of said fund until it shall have reached the sum of five hundred thousand dollars. When bonds and/or money in this fund shall have reached the value of five hundred thousand dollars, all interest and profits from same shall be distributed semiannually to the state general fund.

      Sec. 3.  State, County, Townships, Cities and Irrigation Districts to Apply to Board for Surety.  Every state, county and township official, and his or her deputy, and officials of incorporated cities and irrigation districts and their deputies in the State of Nevada, required by law in his or their official capacity to furnish surety bond, or bonds, shall apply to the state board of examiners for surety. If, upon investigation, the applicant is found to be of good moral character, enjoys a reputation for honesty and integrity, and has never been denied a surety bond for personal reasons, the said board shall issue to him a surety bond patterned according to instruments of this nature and to meet the provisions of this act. This bond shall have full force and effect as a surety and shall serve all purposes of bonds required by statutes from state or county officials or officials of incorporated cities, townships or irrigation districts in the State of Nevada.

      In the event that any person required to furnish a bond under the provisions of this act shall, for any reason, have his application therefor rejected by the state board of examiners, he shall be notified thereof and he shall have thirty days from the date of said notice to secure and submit a good and sufficient bond, in the sum provided by law, personal, or surety, and said bond if legally sufficient shall be accepted and approved by said board.

      Sec. 4.  Premiums To Be Paid by State, County, Incorporated Cities or Irrigation Districts.  In the case of county and township officials each county shall pay from the county general fund into the state treasury, at the rate of five dollars per thousand annually, premiums on all such surety bonds issued to its officials. In the case of city officials each city shall pay from the city general fund into the state treasury, at the rate of five dollars per thousand annually, premiums on all such surety bonds issued to its officials. In the case of state officials, the state shall pay, from the state general fund, into the state treasury, at the rate of five dollars per thousand annually, premiums on surety bonds issued to its officials.


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

ê1937 Statutes of Nevada, Page 411 (CHAPTER 193, SB 96)ê

 

bonds issued to its officials. In the case of irrigation district officials, the irrigation district shall pay from its general fund into the state treasury at the rate of five dollars per thousand annually, premiums on all such surety bonds issued to its officials.

      Sec. 5.  State Treasurer to Keep Special Fund.  The state treasurer shall keep a special fund of moneys and bonds received through the provisions of this act, to be known as the bond trust fund, and shall forthwith transfer to this fund all moneys now held by him as constituting the bond trust fund heretofore established by the terms of that act entitled “An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith,” approved March 20, 1933, as amended, revised and reenacted by chapters 52 and 131 of 1925 Statutes of Nevada. The state treasurer shall report in writing at least twice a year to the state board of finance the condition of the fund hereby created. Whenever there is sufficient money in said fund for investment, the said board shall proceed to invest the same as herein provided.

      Sec. 6.  Faith of State Pledged.  The faith of the state is pledged to the provisions of all surety bonds which may be issued or undertaken under this act, and in cases of loss to the state, county, incorporated city or irrigation district, under circumstances to which its surety bonds are conditioned, the state is charged with the responsibility of making restitution to any funds suffering loss up to the full amount specified in the surety bond.

      Sec. 7.  In Cases of Loss to State, County, Incorporated Cities or Irrigation Districts, Attorney-General, District Attorney or City Attorney to Report to Board.  Losses to counties which might occur from defalcation, misappropriation or other wrongful act on the part of a county or township official, shall be reported by the district attorney of that county to the state board of examiners. Losses to cities which might occur from defalcation, misappropriation or other wrongful act on the part of a city official, shall be reported by the city attorney of that city to the state board of examiners. In the case of the state, any losses shall be reported to said board by the attorney-general. In the case of any irrigation district, any such losses shall be reported to said board by the board of directors of the irrigation district. In each case the state board of examiners shall require the state auditor to make a full investigation and render a written report, and if from such report the state board of examiners determines that the loss comes under the conditions of the surety bond, the board shall order that restitution be made in the following manner, to wit: If there be a sufficient amount in the bond trust fund to cover the loss, the state controller shall be authorized and directed to draw a warrant on that fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay such warrant.

 

 

 

State treasurer to keep special fund

 

 

 

 

 

 

 

 

 

 

Faith of state pledged

 

 

 

 

 

In cases of loss to state, county, incorporated cities or irrigation districts, attorney-general, district attorney or city attorney to report to board


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

ê1937 Statutes of Nevada, Page 412 (CHAPTER 193, SB 96)ê

 

 

 

 

 

 

 

 

 

 

 

 

Surety bonds not to apply to losses resulting from acts of God, nature, fire, holdup, etc.

 

 

 

 

State board of examiners to keep record

examiners determines that the loss comes under the conditions of the surety bond, the board shall order that restitution be made in the following manner, to wit: If there be a sufficient amount in the bond trust fund to cover the loss, the state controller shall be authorized and directed to draw a warrant on that fund for the full amount of the loss as covered by the surety bond, in the manner in which claims against the state are usually paid, and the state treasurer shall pay such warrant. In case there are insufficient funds in the bond trust fund to cover the loss, then the state controller shall draw a warrant for the full amount in that fund for the purpose of making restitution in part, and he shall report the condition of the fund to the governor, who shall take the necessary steps to have it included in the budget, and report to the next succeeding legislature. When the balance is thus secured the restitution shall be completed.

      Sec. 8.  Surety Bonds Not to Apply to Losses Resulting from Acts of God, Nature, Fire, Holdup, Etc.  Surety bonds issued under the provisions of this act shall be understood to be conditioned to faithful performance of duty, and to assurance against losses through misappropriation or defalcation in breach of trust or misconduct. But they shall not apply to losses resulting from acts of God or nature, fire, burglary, holdup, or other cause over which the person bonded exercised no control or influence, was free from participation therein, and provided he exercised reasonable diligence in safeguarding the funds and securities committed to his care.

      Sec. 9.  State Board of Examiners to Keep Record.  The state board of examiners shall keep an accurate record of all surety bonds issued, and cause them to be filed with the county clerks of the respective counties of county and township officials, and with the city clerk of the respective cities of city officials, and with the secretary of state for state and irrigation district officials, together with a complete financial statement of applicant. These statements shall be filed by officials when application is made for surety and shall be renewed on or before the first day of January of each year.

      Sec. 10.  Officials Responsible for Loss of Funds Committed to Their Care; Civilly Liable.  If any official shall default, misappropriate, or otherwise be responsible for loss of funds committed to his care, he shall be civilly liable for the amount thereof in an action to be prosecuted by the district attorneys in cases of county and township officials, and by the city attorney in cases of city officials, and by the attorney-general in cases of state and irrigation district officials, and the state, county, city or irrigation district, as the case may be, shall have a lien on all real or personal property, not exempt from execution, or any such official against whom such an action shall be brought for default, misappropriation or other violation of the conditions of his surety bond given under the provisions of this act, and such lien shall become effective upon the execution of such surety bonds by said state, county, township, city or irrigation district officials, and shall take precedence over any other unrecorded lien or encumbrance.


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

ê1937 Statutes of Nevada, Page 413 (CHAPTER 193, SB 96)ê

 

officials, and the state, county, city or irrigation district, as the case may be, shall have a lien on all real or personal property, not exempt from execution, or any such official against whom such an action shall be brought for default, misappropriation or other violation of the conditions of his surety bond given under the provisions of this act, and such lien shall become effective upon the execution of such surety bonds by said state, county, township, city or irrigation district officials, and shall take precedence over any other unrecorded lien or encumbrance. Upon judgment being entered in favor of the state, county, incorporated city or irrigation district, all property owned, either legally or equitably, by the state, county, township, city or irrigation district official violating any condition of such bonds, not exempt from execution, or so much thereof as may be necessary to cover the amount of the judgment entered, may be sold, as in cases of execution, and the proceeds applied to payment of the judgment rendered to cover the shortage, and if there be insufficient of such property, or the judgment, or any part of it, remains unsatisfied, then a deficiency judgment may be entered by the court.

      Sec. 11.  State Board of Examiners May Revoke Bonds of Officials, When.  The state board of examiners may revoke the surety bond of any official if, after due investigation, such official is found to be addicted to gambling, excessive drinking of intoxicants or to the use of narcotics. The surety bonds may also be revoked on the conviction of any official for gross misdemeanor or any more serious crime. They may also be revoked for legally established insanity. Any official whose bond may have been revoked shall not again be granted a surety bond under the provisions of this act, unless it shall have been established in a court of competent jurisdiction that he was wrongfully and unjustly deprived of his surety bond by the state board of examiners.

      Sec. 12.  Bond Trust Fund To Be Segregated From All Other Funds.  The bond trust fund shall be segregated from any and all other state funds, and shall be administered and used only as herein provided, and the state shall in no way be held responsible or liable for any illegal or wrongful act of any official except as provided in this act.

      Sec. 13.  Repeal.  An act entitled “An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith,” approved March 20, 1933, and an act entitled “An act to amend the title and sections 1, 3, 4, 6, 7, 9, 10, and 11 of an act entitled ‘An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith,’ approved March 20, 1933,” approved March 16, 1935, and an act entitled “An act to amend, revise and reenact the title of and to amend revise and reenact an act entitled ‘An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith,’ approved March 20, 1933, and to repeal all acts and parts of acts in conflict therewith,” approved March 28, 1935, and all other acts or parts of acts in conflict with the provisions of this act are hereby repealed.

Officials responsible for loss of funds committed to their care; civilly liable

 

 

 

 

 

 

 

 

 

 

 

State board of examiners may revoke bonds of officials, when

 

 

 

 

 

 

Bond trust fund to be segregated from all other funds

 

 

Repeal


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

ê1937 Statutes of Nevada, Page 414 (CHAPTER 193, SB 96)ê

 

Repeal

 

 

 

 

 

 

 

 

 

 

 

 

Certain funds to be transferred to bond trust fund

 

 

 

In effect

9, 10, and 11 of an act entitled ‘An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith,’ approved March 20, 1933,” approved March 16, 1935, and an act entitled “An act to amend, revise and reenact the title of and to amend revise and reenact an act entitled ‘An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith,’ approved March 20, 1933, and to repeal all acts and parts of acts in conflict therewith,” approved March 28, 1935, and all other acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 13 1/2.  All funds that have been accumulated under the provisions of that certain act of the legislature of the State of Nevada entitled “An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of the officials; to provide for the issue of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing other acts in conflict herewith,” approved March 20, 1933, to the bond trust fund of the State of Nevada.

      Sec. 14.  This act shall take effect on and after its passage and approval.

 

________

 

CHAPTER 194, SB 81

 

 

 

 

 

 

 

 

 

 

Salary of judge First judicial district

[Senate Bill No. 81–Senator Dressler]

 

Chap. 194–An Act fixing the salary of the judge of the First judicial district court of the State of Nevada.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The salary of the district judge of the First judicial district court of the State of Nevada, comprising the counties of Ormsby, Douglas, Storey, Lyon, and Churchill, shall be seven thousand dollars ($7,000) per annum, payable in twelve equal monthly installments, at the same time and in the same manner that the salaries of the other district judges of the State of Nevada are paid.


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

ê1937 Statutes of Nevada, Page 415 (CHAPTER 194, SB 81)ê

 

      Sec. 2.  This act shall take effect at the termination of the term of the present district judge, to wit, January 1, 1939.

      Sec. 3.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Effective date

 

 

Repeal

 

________

 

CHAPTER 195, SB 27

[Senate Bill No. 27–Senator Winters]

 

Chap. 195–An Act making a supplemental appropriation for certain miscellaneous purposes and for the use of the state board of control for the support of the civil government of the State of Nevada for the months of January, February, March, April, May, and June 1937.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following additional sums are hereby appropriated from the general fund for the purposes hereinafter expressed, for the fiscal year ending June 30, 1937:

      For the use of the state board of control for extra janitor wages and services made necessary by the new supreme court and state library building, and for water, fuel, lights, and laundry and for upkeep of buildings and grounds up to and including June 30, 1937            $5,500.00

      For bond premiums or state employees up to and including June 30, 1937...............................................................................................       $1,500.00

      For industrial insurance premiums for state employees up to and including June 30, 1937......................................................................       $3,000.00

      Sec. 2.  This act shall be in full force and effect from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

Additional appropriation for support of state government

 

________

 

CHAPTER 196, SB 26

[Senate Bill No. 26–Senator Winters]

 

Chap. 196–An Act making appropriation for the support of the civil government of the State of Nevada for the biennium ending June 30, 1939.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following sums are hereby appropriated from the general fund for the purpose hereinafter expressed and for the support of the government of the State of Nevada for the fiscal years 1937-1939:

 

 


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

ê1937 Statutes of Nevada, Page 416 (CHAPTER 196, SB 26)ê

 

 

 

 

 

$100,000 appropriated for state building improvements

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Federal aid to be solicited

and for the support of the government of the State of Nevada for the fiscal years 1937-1939:

      Sec. 2.  For the use of the state board of control the sum of............................................................................................. ............................................................................. $100,000.00

      Apportioned as follows:

For furniture, furnishings, lighting equipment and other items of that nature for furnishing and equipping the new supreme court and library building recently constructed in Carson City, Nevada, and all the offices, rooms and other space in said building, and including the cost of removing general library and law library and of other offices to occupy said new supreme court and library building to that building, and matters incident thereto........................................... ........................................................................... $36,500.00

For repairs and betterments to the capitol building, and printing office building, and old library building, and matters incident thereto................................................... ............................................................................. 20,000.00

For repairs to and in the basement of the capitol building............................................................................................. ............................................................................... 4,500.00

For repairs to the reservoir or reservoirs belonging to the State of Nevada and from which the State of Nevada and state buildings obtain their water supply.............. ............................................................................... 4,000.00

Sec. 3.  For repairs and equipment to and for the orphans’ home building and matters incident thereto                                                                               35,000.00

      Sec. 4.  The board of control is hereby authorized to negotiate with the federal government and with the works progress administration and public works administration, and with such other agencies of the federal government as may be available, or either or any of them, for grants to assist in such of the work, repairs, and items included in this bill as said board of control may deem proper and which may be found available, and to accept and use the moneys so granted for the purposes for which such grants are made; provided, however, that if it be found that such grants may not be obtained or that it is not feasible to obtain them, then the failure to obtain such grants shall not invalidate or prevent the use of the moneys herein appropriated for the purposes specified in this bill.

 


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

ê1937 Statutes of Nevada, Page 417 (CHAPTER 196, SB 26)ê

 

      Sec. 5.  This act shall be in full force and effect from and after its passage and approval.

In effect

 

________

 

CHAPTER 197, SB 32

[Senate Bill No. 32–Senator Marsh]

 

Chap. 197–An Act to amend section 5 of an act entitled “An act supplemental to an act entitled ‘An act relating to the state university and matters properly connected therewith,’ approved February 7, 1887, approved March 16, 1895,” as amended in 1925 and 1933.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of the above-entitled act, being chapter 117, page 148, of the Statutes of Nevada 1933, is hereby amended to read as follows:

      Section 5.  For the purpose of carrying out the provisions of this act, there is hereby appropriated out of the general fund of the State of Nevada the sum of five thousand ($5,000) dollars, for the biennium from June 30, 1937, to June 30, 1939, to be paid out upon the order of the president of the University of Nevada, and allowed as other claims against the State of Nevada.

      Sec. 2.  This act shall become effective from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $5,000

 

 

 

In effect

 

________

 

CHAPTER 198, SB 106

[Senate Bill No. 106–Committee on Judiciary]

 

Chap. 198–An Act to provide for the disposition of community property.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the death of the wife the entire community property shall vest, without administration, in the surviving husband, except that in case the husband shall have abandoned his wife and lived separate and apart from her without such cause as would have entitled him to a divorce, the half of the community property subject to the payment of its equal share of the debts chargeable to the estate owned in community by the husband and wife, is at her testamentary disposition in the same manner as her separate property, and in the absence of such disposition goes to her descendants equally, if such descendants are in the same degree of kindred to the decedent; otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, shall vest in her other heirs at law, exclusive of her husband.

 

 

 

 

 

 

 

 

 

Disposition of community property upon death of wife


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

ê1937 Statutes of Nevada, Page 418 (CHAPTER 198, SB 106)ê

 

 

 

 

Upon death of husband

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

the same degree of kindred to the decedent; otherwise, according to the right of representation; and in the absence of both such disposition and such descendants, shall vest in her other heirs at law, exclusive of her husband.

      Sec. 2.  Upon the death of the husband one-half of the community property shall vest in the surviving wife, and other half is subject to the testamentary disposition of the husband, and in the absence of such disposition goes to his surviving children equally, and in the absence of both such disposition and surviving children, the entire community property shall vest without administration in the surviving wife, except as hereinafter provided, subject, however, to all debts contracted by the husband during his life that were not barred by the statute of limitation at the time of his death; provided, however, that the homestead set apart by the husband and wife, or either of them, before his death, and such other property as may be exempt by law from execution or forced sale, shall be set apart for the use of the widow and minor heirs, and if no minor heirs, for the use of the widow. In case of the dissolution of the community by the death of the husband, the entire community property is equally subject to his debts, the family allowance, and charges and expense of administration; provided, however, that if in the absence of said testamentary disposition the surviving wife and children, and in the absence of such children, the wife shall pay or cause to be paid all indebtedness legally due from said estate, or secure the payment of the same to the satisfaction of the creditors of said estate, then and in such case the said community property shall not be subject to administration.

      Sec. 3.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 4.  This act shall take effect and be in force immediately upon its passage and approval.

 

________

 

 


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

ê1937 Statutes of Nevada, Page 419ê

CHAPTER 199, SB 41

[Senate Bill No. 41–Senator Gibson]

 

Chap. 199–An Act to amend an act entitled “An act creating the office of labor commissioner of this state, providing for the appointment of such commissioner and other employees, defining their duties and fixing their compensation, and providing a penalty for the violation of its provisions, and other matters relating thereto,” approved March 24, 1915, as amended, and by adding thereto a new section to be designed section 4 1/2b, approved March 27, 1935.

 

[Approved March 26, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of the above-entitled act, same being section 2751 N. C. L. 1929, as amended by chapter 103, Statutes of Nevada 1935, is hereby amended to read as follows:

      Section 4.  Said commissioner shall inform himself of all laws of the state for the protection of life and limb in any of the industries of the state, all laws regulating the hours of labor, the employment of minors, the payment of wages and all other laws enacted for the protection and benefit of employees, and shall have the power and authority, when in his judgment he deems it necessary, to take assignment of wage claims and prosecute actions for collection of wages and other demands of persons who are financially unable to employ a counsel in cases in which, in the judgment of the commissioner, the claims for wages are valid and enforceable in the courts; provided, that in all wage matters and before the taking of the said assignment the commissioner, in his discretion, may summon to appear before him, at a suitable place in the county of the wage claimant, or claimants, his, her or their employer, or employers, and all other necessary parties for the purpose of adjusting and settling claims for wages before bringing suit therefor, and shall have the power to effect reasonable compromises of and concerning said wage claims. It shall be the duty of said labor commissioner to enforce all labor laws of the State of Nevada, the enforcement of which is not specifically and exclusively vested in any other officer, board or commission, and whenever after due inquiry he shall be satisfied that any such law has been violated, or that persons financially unable to employ a counsel have a valid and enforceable claim for wages or other demand, he shall present the facts to the district attorney of the county in which such violation occurred or wage claim accrued, showing the names of the claimant and his alleged debtor, a description and the location of the property on which the labor was performed, and the right, title, and interest of the debtor therein, and the other property, if any, owned by the debtor and the probable value thereof, the time said claimant began and the time he ceased such labor, the number of days’ labor performed by him during said employment and the rate of wages and terms of such employment,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of labor commissioner

 

 

May take assignment of wages

 

 

 

 

 

 

 

 

Must enforce labor laws


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

ê1937 Statutes of Nevada, Page 420 (CHAPTER 199, SB 41)ê

 

 

 

 

 

 

 

 

 

Duty of district attorney; penalty for failure to act

 

 

 

 

 

 

 

 

 

 

No court fees, etc., charged against labor commissioner in any court action

 

 

 

 

Repeal

In effect

interest of the debtor therein, and the other property, if any, owned by the debtor and the probable value thereof, the time said claimant began and the time he ceased such labor, the number of days’ labor performed by him during said employment and the rate of wages and terms of such employment, the date or dates and the amount, if any, paid on said claim, the balance due, owing and unpaid on said claim, the date demand for payment was made upon the debtor or his agent or representative and the response, if any, to such demand, and the names of the witnesses upon whom the claimant expects to rely to provide said facts and to what facts each of such witnesses is expected to testify, and it shall then be the duty of such district attorney to prosecute the same; provided, that should such district attorney fail, neglect, or refuse to begin a prosecution on such claim within five days after oral or written demand therefor is made by said labor commissioner, and to diligently prosecute the same to conclusion, he shall be guilty of a misdemeanor and punished by fine not exceeding five hundred ($500) dollars or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment; and in addition thereto he shall be removed from office.

      Sec. 2.  Section 4 1/2 of the above-entitled act, the same being section 2752 N. C. L. 1929, is hereby amended to read as follows:

      Section 4 1/2.  In all actions in the courts in this state wherein the labor commissioner is a party in his official capacity as labor commissioner, or as assignee of any wage claim or claims, or where such commissioner is appearing for and in behalf of the state, or any political subdivision thereof, no fees of any kind or nature shall be required of said commissioner by any court or officer thereof, or by any sheriff, constable or other officer, and no judgment for costs or for attorney fees shall be entered in or by any court against said commissioner; provided, the commissioner may, in proper cases, pay the witness fees required by section 8 of this act. All moneys now in the contingent fund created by this act in the year 1925 shall, upon the passage and approval of this section, revert to the general fund of the state.

      Sec. 3.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

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

 

________

 

 


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

ê1937 Statutes of Nevada, Page 421ê

CHAPTER 200, AB 332

[Assembly Bill No. 332–Committee on Ways and Means]

 

Chap. 200–An Act to amend sections 5 and 6 of an act entitled “An act creating a department to be known as the state parks commission of the State of Nevada, designating the members thereof, the qualifications therefor, the method of appointing the same, their term of office, power and duties, providing for the expense thereof by making an appropriation therefor, providing a penalty for the violation thereof, and other matters properly relating thereto,” approved March 26, 1935.

 

[Approved March 29, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of the above-entitled act, being chapter 86, page 188, of the Statutes of Nevada 1935, is hereby amended to read as follows:

      Section 5.  For the purpose of carrying out the provisions of this act and of cooperating with the United States government, proportionately to the ratio between the acreage of privately-owned lands lying within the State of Nevada and the area of the public domain contained therein, in the maintenance and development of the state parks of Nevada, there is hereby appropriated out of the general fund of the State of Nevada the sum of five thousand ($5,000) dollars to be used and expended by said commissioners for the biennium of 1937 and 1938.

      Sec. 2.  Section 6 of the above-entitled and designated act is hereby amended to read as follows:

      Section 6.  Said commissioners, by and with the suggestions and assistance of the state highway engineer, are authorized and directed to have the charge, care, and supervision and to cooperate with the United States government or any of its agencies in the maintenance and development of all parks that have heretofore been created under any law of this state, or may hereafter be created, and they are authorized to make and enforce all proper rules and regulations respecting any park, in keeping with the purposes and intent of this act.

      Sec. 3.  This act shall become effective from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation, $5,000

 

 

 

 

Duties of commissioners

 

 

 

 

 

In effect

 

________

 

 


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

ê1937 Statutes of Nevada, Page 422ê

CHAPTER 201, AB 263

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries of employees in various state departments

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

[Assembly Bill No. 263–Mr. Rochon]

 

Chap. 201–An Act to amend an act entitled “An act regulating the salaries of certain employees in the various state offices and departments,” approved March 30, 1929, as amended, approved March 24, 1931.

 

[Approved March 29, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above-entitled act, being section 7562 Nevada Compiled Laws 1929, as amended by chapter 121 Statutes of Nevada 1931, is hereby amended to read as follows:

      Section 1.  From and after the passage and approval of this act each stenographer, typist, or clerk, and assistant state librarian, except the chief clerk in the motor vehicle department, the clerk in the office of the state inspector of mines, the chief clerk in the bank examiner’s department, the chief clerk in the office of the state controller, and the chief clerk-stenographer in the office of the attorney-general, employed in any of the various offices of elective officers of the State of Nevada, and the bank examiner, labor commissioner, public service commission, department of highways, state engineer, and state library, shall receive as salary for the first two years of employment, one hundred and twenty-five ($125) dollars per month; for the second two years of employment, one hundred and forty ($140) dollars per month; after four years of employment one hundred and fifty ($150) dollars per month; which shall be the maximum salary of such stenographer, typist and clerks; provided, however, that nothing herein contained shall be construed so as to reduce the compensation now authorized by law to be paid any stenographer, typist or clerk.

      Sec. 2.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 3.  This act shall be in force and effective from and after July 1, 1937.

 

________

 

 


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

ê1937 Statutes of Nevada, Page 423ê

CHAPTER 202, SB 151

[Senate Bill No. 151–Senator Keenan]

 

Chap. 202–An Act to amend section 25 of an act entitled “An act defining the duties of state controller,” approved February 24, 1866, 96.

 

[Approved March 29, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 25 of the above-entitled act, being section 7370 N. C. L. 1929, is hereby amended to read as follows:

      Section 25.  The office of controller shall be open for the transaction of business from 9 o’clock a. m. till 12 o’clock noon and from 1 o’clock p. m. till 4 o’clock p. m. every day of the year, Saturday afternoons, Sundays and public holidays excepted.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall become effective from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

Office hours of state controller

 

 

Repeal

In effect

 

________

 

CHAPTER 203, SB 152

[Senate Bill No. 152–Senator Keenan]

 

Chap. 203–An Act to amend section 3 of an act entitled “An act concerning the office of secretary of state,” approved February 14, 1865, 149.

 

[Approved March 29, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of the above-entitled act, being section 7410 of N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  The secretary of state shall keep his office at the capitol of the state, and shall keep the same open in person, or by his deputy, on all days on which business is usually transacted, Saturday afternoons, Sundays and public holidays excepted, from the hours of 9 o’clock a. m. until 12 o’clock noon, and from the hours of 1 o’clock p. m. until 4 o’clock in the afternoon.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 3.  This act shall be in full force and effect from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

Office hours secretary of state

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1937 Statutes of Nevada, Page 424ê

CHAPTER 204, AB 133

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mayor to count city cash

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mayor to preside over council

[Assembly Bill 133–Washoe County Delegation]

 

Chap. 204–An Act to amend sections 2, 3, 4, and 5 of article III, sections 3 and 4 of article IV, section 2 of article V, section 2 of article IX, sections 7, 9a, 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10i, 10j, and 10k, of article XII, sections 3, 4, and 5 of article XIII, sections 3 and 4 of article XIV, section 3 of article XVI, section 2 of article XVII, sections 2 and 3 of article XVIII, and section 6 of article XIX, and to repeal section 10b 1/2 of article XII, and to amend article XVIII by adding thereto new sections to be known as sections 4 and 5 of article XVIII of an act entitled “An act to incorporate the town of Reno, and to establish a city government therefor,” approved March 16, 1903, as amended March 13, 1905, and as amended from time to time thereafter.

 

[Approved March 29, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of article III of said act entitled above is hereby amended so as to read as follows:

      Section 2.  The mayor, with the city clerk, or some member of the city council, may; alone or in conjunction with the board of county commissioners of Washoe County, at least once each month, count the cash in the city treasury and see that such count corresponds with the books of the treasurer and auditor, and report the result to the city council. He shall see that all contracts are faithfully kept and fully performed, and to that end, and in any case where necessary or proper to protect the interests of the city, shall cause legal proceedings to be instituted or defended. He shall have the power to suspend any appointive officer for dereliction, neglect, or nonperformance of duty, for malfeasance, or for any other cause or reason, and shall report his suspension of said officer and the cause or reason therefor to the city council at the first regular meeting subsequent to said suspension, and if the city council by a majority vote of all the members elected approve the suspension, such office shall be forthwith vacant. If a majority vote of all the members elected be against such approval, such suspension shall be thereby revoked.

      Sec. 2.  Section 3 of article III of said act entitled above is amended so as to read as follows:

      Section 3.  The mayor shall preside over the city council when in session and shall preserve order and decorum among the members and enforce the rules of the city council, and determine the order of business, subject to such rules. He shall not be entitled to a vote except in case of a tie, when he shall have a casting vote, and he shall have such casting vote in case of a tie upon a suspension or an appointment made by himself.


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

ê1937 Statutes of Nevada, Page 425 (CHAPTER 204, AB 133)ê

 

he shall have a casting vote, and he shall have such casting vote in case of a tie upon a suspension or an appointment made by himself. The mayor may exercise the right of veto upon any matter passed by the city council, except that the mayor shall not have the right to veto the confirmation or rejection by the city council of any appointment or suspension of any appointive officer. It shall require a three-fourths vote of all the members elected to the city council to pass any matter receiving the mayor’s veto. No resolution or contract requiring the payment of money, or any ordinance, shall go into force or have any effect until approved by the mayor; provided, if the mayor do not approve such resolution, contract, or ordinance so submitted, he must, within five days from the receipt thereof, return the same to the city clerk, with his reasons in writing for not approving it, and if the mayor do not so return it, such resolution or contract shall thereupon go into effect and such ordinance become a law in like manner and with the same effect as if the same had been approved by the mayor.

      Sec. 3.  Section 4 of article III of said act entitled above is hereby amended so as to read as follows:

      Section 4.  The mayor shall, in addition to the duties herein provided for, sign all licenses and claims allowed against the city and perform such other and further duties as the city council shall by ordinance prescribe. A mayor pro tempore shall be elected by the city council from among its members, as soon after its organization as practicable, and in case of the absence of the mayor or his inability to act, or in case of a vacancy occurring in such office, the mayor pro tempore shall preside over the city council and perform all duties of the mayor’s office, in the same manner and with like effect as the mayor, and in case of the absence of the mayor or his inability to act for any period exceeding thirty days, or in case of a vacancy in the mayor’s office, the salary provided for the mayor shall be apportioned to the mayor pro tempore for such period, in lieu of the salary allowed the mayor pro tempore for such period as city councilman; provided, that the restriction upon the right of the mayor to vote shall not apply to the mayor pro tempore while acting as mayor. He shall in addition possess the mayor’s right to a casting vote in case of a tie and the mayor’s power of veto. In case of the absence or inability to act from any cause of the mayor and mayor pro tempore at any meeting of the city council, a chairman shall be selected from among the city councilmen, who shall preside over the city council, and who shall be clothed with the full powers and authority of the mayor or mayor pro tempore in respect to the transaction of all city business during such absence or inability to act as aforesaid.

Not to vote except in case of tie

Veto power

 

 

 

 

Proviso

 

 

 

 

 

 

 

Mayor to sign all licenses

Mayor pro tempore


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

ê1937 Statutes of Nevada, Page 426 (CHAPTER 204, AB 133)ê

 

 

 

 

Mayor to appoint certain officers

 

 

 

 

 

 

 

 

Clerk to be official license collector

      Sec. 4.  Section 5 of article III of said act entitled above is hereby amended so as to read as follows:

      Section 5.  The mayor shall, subject to confirmation by the city council, appoint all officers of the city whose election or appointment is not otherwise provided for in this charter or by law. The mayor shall submit such appointments to the city council for their confirmation at the first meeting subsequent to his making such appointment and in case the person so appointed is not confirmed by a majority vote of all the members elected, the mayor shall appoint another, and so on until the office is filled. The mayor shall make all appointments by him to be made immediately subsequent to his qualification as mayor after any regular municipal election, and at such other times as may be necessary.

      Sec. 5.  Section 3 of article IV of said act entitled above is hereby amended so as to read as follows:

      Section 3.  In addition to the duties hereinbefore imposed the city clerk shall be the official license collector of the city and shall collect all city licenses and all other moneys making up the city revenues, except general taxes and special assessments. All moneys belonging to the city (except general taxes and special assessments), and collected by any person whomsoever, shall be at once paid over to the city clerk, and the city clerk shall promptly pay the same over, together with all moneys in his hands, to the city treasurer. The time and manner of the collection of licenses shall be fully provided for and fixed by ordinance. Whenever any person required by any city ordinance to take out a license, shall fail, neglect, or refuse to do so, or shall carry on any licensed business, trade, or calling without having procured the requisite license therefor, the city clerk shall forthwith report such delinquent to the council, who may cause an attachment suit in the name of the city to be brought against such delinquent, whereupon an attachment shall issue without bond on behalf of the city, and the clerk may make the necessary affidavit for attachment. No fees shall be allowed any officer or person unless the same be made as costs from the defendant. The procedure and trial, except as above provided, shall be the same as in other civil cases of similar nature; provided, that any property in any place or building, where by ordinance the business in such place or building as required to pay a license, shall be liable for and be taken on attachment or execution without regard to the actual ownership thereof, and any form of property, the business conducted with which is required by ordinance to pay a license, may be so taken on attachment or execution without regard to the actual ownership thereof. There shall be added to every license not obtained within thirty days after the same becomes due and payable, fifty percent of the amount of such license, which shall become a part of the license, and shall, with such license, be collected by the city clerk.


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

ê1937 Statutes of Nevada, Page 427 (CHAPTER 204, AB 133)ê

 

amount of such license, which shall become a part of the license, and shall, with such license, be collected by the city clerk.

      Sec. 6.  Section 4 of article IV of said act entitled above is hereby amended so as to read as follows:

      Section 4.  The city clerk shall, before entering upon the discharge of his duties, execute to the city a good and sufficient bond for the faithful performance of his duties, which bond shall be in such sum and conditioned in such manner, as required by the city council, and the sureties thereon shall be approved by the council.

      Sec. 7.  Section 2 of article V of said act entitled above is hereby amended so as to read as follows:

      Section 2.  The city attorney shall be the legal adviser of the council and all officers of the city in all matters respecting the affairs of the city. He shall act as the attorney for the city in any and all legal proceedings in any and all courts in which the city is a party or interested. He shall prosecute in the proper courts for all offenses against the provisions of this charter, the ordinances of said city, and shall perform such other and further duties as may be required of him by the council, or prescribed by ordinance. He shall be present at all meetings of the council, draw all ordinances, orders, rules and resolutions required by the council.

      Sec. 8.  Section 2 of article IX of said act entitled above is hereby amended so as to read as follows:

      Section 2.  The chief of police shall have command and control of the police force of the city, and may suspend any police officer for cause pending investigation by the city council. At the first meeting subsequent to such suspension the chief of police shall report said suspension. If the city council by a majority vote of members elected approve the suspension the police officer shall be thereby dismissed. If such suspension is not approved by such vote the suspension is thereby revoked. He shall be vigilant in the detection of crimes and the speedy apprehension of all criminals and offenders, and shall diligently see that all ordinances of the city of a police nature, the general laws and the provisions of this charter, are rigidly enforced and observed.

      Sec. 9.  Section 7 of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 7.  The style of ordinances shall be as follows: “The City Council of the City of Reno do ordain:” and all proposed ordinances, when first proposed, shall be read by title to the city council, and referred to a committee for consideration, and said committee shall report said ordinances back to the council at the next regular meeting, when said ordinances shall be read in full as first introduced, or, if amended, as amended, and shall be adopted or rejected as finally read.

 

 

 

 

City clerk to furnish bond

 

 

 

 

City attorney

 

 

 

 

 

 

 

 

 

Chief of police

 

 

 

 

 

 

 

 

 

 

Style of ordinances


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

ê1937 Statutes of Nevada, Page 428 (CHAPTER 204, AB 133)ê

 

 

 

To be published

 

Prosecutions for violation of ordinances

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Specialized codes may be adopted by reference thereto; to be filed in office of city clerk

if amended, as amended, and shall be adopted or rejected as finally read.

      After final adoption the ordinance shall be signed by the mayor, and, together with the votes cast thereon, shall be published twice in a daily paper published in the city of Reno, before the same shall go into effect.

      In all prosecutions for the violation of any of the provisions of this charter, or for the violation of any city ordinance, rule, resolution, or other regulation of the city council, whether in the court of original jurisdiction or in any appellate court, it shall not be necessary to plead the contents of the same, or refer to the same in any way, but the court before which the proceedings may be pending, shall take judicial notice of this charter and of such ordinance, rule, resolution, or other regulation, and of the contents thereof; and in all civil actions it shall not be necessary to plead the contents of any ordinance, rule, resolution, or other regulation of the city council, but the same may be plead by title and may be proven prima facie by the introduction of the original entry thereof on the records of the council, or copy thereof certified by the city clerk, to be a full, true, and correct copy of such original entry, or by the introduction of the compilation referred to in section 10, subdivision second, of this article, or in case of a rule, resolution, or other regulation of the city council, by the introduction of a printed copy published, or purported to have been published, by authority of the city council.

      Sec. 10.  Section 9a of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 9a.  An ordinance adopting any specialized or uniform building or plumbing or electrical code, or codes, printed in book or pamphlet form, or any other specialized or uniform code or codes of any nature whatsoever so printed, may adopt such code, or any portion thereof, with such changes as may be necessary to make the same applicable to conditions in the city of Reno, and with such other changes as may be desirable, by reference thereto, and such ordinance need not be published as required by article XII, section 7 hereof, if three (3) copies of such code either typewritten or printed with such changes, if any, shall have been filed for use and examination by the public in the office of the city clerk at least one week prior to the passage of the ordinance adopting said code. Notice of such filing shall be given by one publication in a daily newspaper in the city of Reno at least one week prior to the passage of the ordinance adopting said code.

      Sec. 11.  Section 10 of article XII of said act entitled above is amended so as to read as follows:


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

ê1937 Statutes of Nevada, Page 429 (CHAPTER 204, AB 133)ê

 

      Section 10.  The city council, among other things, shall have power:

      First: To fix the place of its meetings and the time for calling same to order, and to judge of the qualifications and election of its own members.

      Second: To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution of the United States, or of the State of Nevada, or to the provisions of this charter, necessary for the municipal government and the management of the city affairs, for the execution of all powers vested in said city and for making effective the provisions of this charter, and to cause to be compiled from time to time, not to exceed once in every two years, the charter and its amendments, and the ordinances of the city of Reno in book or pamphlet form, of which not less than two hundred (200) copies shall be issued for general distribution within said city, at a reasonable price. By said compilation the ordinances of the said city, once passed and published as provided in sections 7 or 9a of this article, may be repealed, revised, or amended. An ordinance published in said compilation shall be revised or amended by the fact of its publication therein in its revised or amended form. An ordinance shall be repealed by omitting it from said compilation.

      Third: To levy and collect annually a tax of not to exceed fifty cents per hundred dollars valuation upon the assessed value of all real and personal property within the city, which is by law taxable for state and county purposes, to provide a fund for the payment of the interest on the bonds of the city outstanding, and that may be lawfully issued and sold hereafter, and to provide a fund for the payment of the principal of such bonds, and for the redemption thereof as they shall mature, and for no other purposes; provided, however, that the Reno general fund may in the discretion of the city council also be used for the purpose of paying the interest on and principal of such bonds; and in addition thereto to levy and collect annually for all other purposes a tax of not to exceed one dollar per hundred dollars valuation upon the assessed value of all real and personal property within the city which is by law taxable for state and county purposes; provided, that all moneys now held in any special fund not herein provided for may be transferred to the general fund of the city; provided further, that the total amount levied annually for all tax purposes within the city shall not exceed one dollar fifty cents per hundred dollars valuation of the assessed value of all the real and personal property within the city which is by law taxable for state and county purposes.

Powers and duties of city council of Reno


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

ê1937 Statutes of Nevada, Page 430 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

      Fourth: To sell, use, lease, improve, hold, control and take care of the real estate and personal property of the city; provided, the city council shall not have power to mortgage, hypothecate, or pledge any property of the city for any purpose. To control the finances of the city. To appropriate money for corporate purposes only and to provide for the payment of debts and expenses of the city. To borrow money on the credit of the city for corporate purposes to the extent allowed municipal corporations by the constitution.

      Sec. 12.  Section 10a of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 10a.  First: The city council, among other things, shall have power: To lay out, extend, change the grade, open, name and change the name, vacate, and alter the highways, viaducts, underpasses, tunnels, streets and alleys within the city. To require and provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening any highway, viaduct, underpass, tunnel, street or alley, or to in any way whatsoever improve the same. To provide for the construction, improvement, maintenance, vacation and preservation of the city parks, swimming pools, zoos and tennis courts and all public places and the construction, repair, maintenance, vacation and preservation of sidewalks, crossings, bridges, drains, curbs, gutters, and sewers. To provide for the regulation, prevention and removal of obstructions from the streets and sidewalks of the city; and to regulate and prohibit the placing of signs, awnings, posts, show windows, and other things upon and over the sidewalks or streets, and to regulate and prohibit the construction and use of openings in the streets and sidewalks, and all vaults, structures and excavations in and under the same, and to prevent, prohibit, and remove all obstructions and nuisances upon the sidewalks, streets, and alleys within the city limits. To provide for the maintenance, repair, alteration, improvement, and preservation of any other city property not herein mentioned.

      Second: Such part of the expense, or the entire expense of constructing, reconstructing, maintaining, repairing, widening or improving any street, lane, highway, avenue, or alley, by grading, paving, graveling, oiling, or macadamizing the same or by construction, reconstruction, maintaining or repairing sidewalks, curbs or gutters along the same, by constructing drains or by otherwise improving the same, or such part of the expense, or the entire expense, of constructing, reconstructing, maintaining, repairing or improving sewers, as the city council shall determine, may be defrayed by special assessments upon lots and premises fronting upon that part of the street, lane, highway, avenue, or alley or sewer, so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the city council may be benefited by the improvement.


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ê1937 Statutes of Nevada, Page 431 (CHAPTER 204, AB 133)ê

 

that part of the street, lane, highway, avenue, or alley or sewer, so improved or proposed so to be, or the lands fronting upon such improvement and such other land as in the opinion of the city council may be benefited by the improvement. The cost, or any portion thereof, of constructing, maintaining, repairing, widening or reconstructing any bridge of any nature whatsoever, or tunnel, underpass or viaduct, may likewise be defrayed by special assessment upon such land as in the opinion of the council may be benefited by the improvement; provided, that in the case of any bridge, tunnel, underpass, or viaduct constructed for the purpose of causing any street, sidewalk, pedestrian pathway, lane or highway to cross any railroad track or right of way upon a separated grade, such grade separation shall be deemed to be for the general public benefit, and shall not be subject to the provisions of this section. The cost of securing rights of way or the land necessary for the construction or widening of any street, alley, sidewalk, curb, gutter, drain, sewer, viaduct, bridge, or approaches to any bridge, or tunnel, or underpass, may likewise be defrayed by special assessment as provided above for streets, lanes, highways, and alleys and for bridges; provided, however, that any of the purposes for which the city council may form a special assessment district, as set forth above, may be paid for in whole, or in part, from other funds.

      Third: Bonds for the purpose of paying the cost of improvements for which special assessments are levied may be issued by the city in accordance with “An act to authorize municipalities to issue bonds for the purpose of paying the cost of municipal improvements for which special assessments are levied,” approved March 13, 1909, as the same has been or may hereafter be amended from time to time; provided, however, that such improvement bonds may be issued for any purpose for which a special assessment can be levied herein, and the purposes for which such bonds may be issued shall not be limited to the purposes for which special assessments can be levied under the terms of said act. No election shall be necessary to issue such bonds.

      Fourth: When expenses for such improvements shall be assessed, and there shall be lands belonging to the city, school buildings, or other public buildings, or public grounds not taxable, fronting on such improvements, such part of the expense of such improvement as in the opinion of the city council or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and city property, and to any interior, squares or spaces formed by the intersection of streets where they are taxable, shall be paid from the general fund or other proper fund, or part from each, as the city council shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.

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ê1937 Statutes of Nevada, Page 432 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

just, and the balance of such expense shall be assessed upon the taxable lots and premises fronting upon such improvement or improved streets, in proportion to their number of feet frontage; or if the special assessment shall include other lands not fronting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement. When such assessment is to be made upon lots in proportion to their frontage upon the improvement, if from the shape and size of any lot the assessment thereon in proportion to its frontage would be unjust and disproportionate to the assessment upon other lots, the city council, or assessor making the assessments, may assess such lots or such number of feet frontage as in their opinion would be just. The cost and expense of the following improvements, including the necessary land therefor, viz., for city hall and other public buildings for the use of the city, officers, engine houses and structures for the fire department, waterworks, city prison, levees, and embankments, shall be paid from the proper fund of the city; except that, as hereinbefore mentioned, in case of lands appropriated for streets, alleys, sidewalks, tunnels, viaducts, underpasses, curbs, gutters, sewers, drains, bridges, or approaches to bridges, and rights of way, the cost thereof may be paid in whole or in part from the avails of special assessment to be levied therefor in the manner herein prescribed.

      Fifth: Whenever, in the opinion of the city council, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands fronting and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the city council shall determine to make any public improvement for which a special assessment is proper, as hereinbefore provided, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by ordinance, stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part, or portion of the expense thereof will be paid from other funds, and whether the assessment is to be made according to benefits or frontage, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there is no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit, but in case the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made.


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ê1937 Statutes of Nevada, Page 433 (CHAPTER 204, AB 133)ê

 

the assessment is to be made upon the property according to the frontage, it shall be sufficient in said ordinances to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the ordinance each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parts to be assessed can be ascertained and described by the city assessor. Before ordering any public improvement or repairs as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the city council shall cause estimates of the expense thereof to be made by the city engineer, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the city clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for one week at least in one of the newspapers of the city and by posting three notices near the site of the proposed work in some public and conspicuous place, and such notice shall state the time when the city council will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements.

      Sixth: Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered except by the concurrence of two-thirds of all members elected to the city council. The cost and expenses of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, making the assessments, together with newspaper publications and cost of construction, and all incidental costs. In no case shall the whole amount be levied by special assessment upon any lots or premises where any one improvement exceeds fifty percent of the value of such lands and improvements, as last before valued and assessed for state and county taxation in the county tax roll. Any cost exceeding that percent which would otherwise be chargeable upon said lots or premises shall be paid from the general funds, or any proper fund, of the city. The city council shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the city council incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the city council from advertising for proposals for doing work whenever they see fit;

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ê1937 Statutes of Nevada, Page 434 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

provided, the contract shall not be made or awarded before the time herein stated.

      Seventh: When any special assessment is to be made pro rata upon the lots or premises in any special assessment district, according to frontage or benefits, the city council shall, by ordinance, direct the same to be made by the city assessor, and shall state therein the amount to be assessed, and whether according to the frontage or benefits, and describe or designate the lots and premises, or the locality constituting the district to be assessed, in fixing the amount or sum of money that may be required to pay the costs of any improvement, the city council need not necessarily be governed by the estimates of such improvement provided herein, but the city council may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the city assessor shall make out an assessment roll, entering and describing all lots, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the city council and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name “Unknown”; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any lot or premises, or if the same shall be assessed without the name of the owner, or the name of a person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements or premises, and shall be collected as in other cases. If the assessment is required to be according to the frontage, the city assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of front of such premises fronting upon the improvement bears to the whole frontage of all the lots to be assessed; unless on account of the shape and size of any lot or lots an assessment for a different number of feet would be more equitable; and the frontage of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the city assessor. If the assessment is directed to be according to benefits, the city assessor shall assess upon each lot such relative portions of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot from the improvement.


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ê1937 Statutes of Nevada, Page 435 (CHAPTER 204, AB 133)ê

 

to the estimated benefit resulting to such lot from the improvement.

      Eighth: When the assessor shall have completed the assessment he shall report the same to the city council. Such reports shall be signed by him and made in the form of a certificate, and endorsed on the assessment roll as follows:

      State of Nevada, city of Reno, ss. To the city council of the city of Reno: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to an ordinance of the city council of the said city, adopted (give date), for the purpose of paying that part of the cost which the city council decided should be paid and borne by special assessment for the purpose of paying the cost of (e. g., for paving Virginia street from First street to Fourth street in said city, as the case may be), (or constructing a sewer on Sierra street), (or as the case may be). That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the directions contained in the ordinance of the city council hereinbefore referred to, as well as to the charter of the city relating to such assessment.

      Dated, Reno, Nevada, ...........................................A.D., 19.........

                                          .................................................................. City Assessor.

      Ninth: When any expense shall be incurred by the city upon or in respect to any separate or single lot, parcel of land, or premises which expense, by the provisions of this act, the city council is authorized to charge and collect as a special assessment against said lot or parcel of land, and which assessment is not of that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or service for which such expense was incurred, verified by the officer or person performing the services or causing the same to be done, with the description of the lot or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the city council. And the provisions of the previous subdivisions, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this subdivision. When such an account is reported to the city council the city council shall determine what amount or part of every such expense, if any, shall be charged as a special assessment and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and so often as the city council shall deem it expedient they shall require all of the several accounts so reported and determined, and the several lots or premises and the persons chargeable therewith, respectively, to be reported by the city clerk to the city assessor for assessment.

Powers and duties of city council of Reno


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ê1937 Statutes of Nevada, Page 436 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

the several lots or premises and the persons chargeable therewith, respectively, to be reported by the city clerk to the city assessor for assessment.

      Tenth: Upon receiving the report mentioned in subdivision eighth or subdivision ninth the city assessor shall make a special assessment roll and levy a special assessment therein upon each lot or parcel of land so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots or premises, respectively, and when completed he shall report the assessment roll to the city council.

      Eleventh: When any special assessment shall be reported by the city assessor to the city council as in subdivision tenth directed, the same shall be filed in the office of the city clerk and numbered. Before adopting the assessment the city council shall cause a notice to be published for two times in some newspaper of the city, of filing of the same with the city clerk, and appointing a time when the city council and assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the city clerk at any time prior to the date of said meeting.

      Twelfth: The notice provided in subdivision eleventh may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

 

Notice of Special Assessment

      To (insert the name of the person or persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the city assessor for the purpose of defraying that part of the costs which the city council decided should be paid and borne by special assessment for the (e. g., paving Virginia street to Fourth street in said city), (or constructing a sewer on Sierra street between First street and Fifth street), (or as the case may be), is now on file at any office for public inspection. Notice is hereby given that the city council and city assessor of the city of Reno will meet in the council room in said city on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard; provided, any person objecting to the assessment may file his objections thereto, in writing, with the city clerk at any time before the time set for said hearing.

      Dated....................................

                                                                                                                          City Clerk.

 

      Thirteenth: At the time appointed for the purpose aforesaid the city council and city assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deemed himself aggrieved thereby, and shall decide the same; and the city council may correct the assessment as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment.


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ê1937 Statutes of Nevada, Page 437 (CHAPTER 204, AB 133)ê

 

or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deemed himself aggrieved thereby, and shall decide the same; and the city council may correct the assessment as to any assessment or description of the premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the city assessor for revision; or annul it and direct a new assessment; in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the city clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: “Special assessment roll for (describing fully what the assessment is for), as approved by the city council the ................ day of ...................... (month), 19...... (affixing the time).

      Dated: .............................................

                                                          ........................................... , City Clerk.”

      Sec. 13.  Section 10b of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 10b.  The city council, among other things shall have power:

      First: When any special assessment roll shall be confirmed by the city council it shall be final and conclusive, except as hereinafter provided; but no such assessment shall be confirmed except by a two-thirds vote of all the members elected to the city council. The city clerk and clerk of the city council shall thereupon deliver to the county auditor, acting as ex officio city auditor, the assessment roll as confirmed by the city council, with his certificate of such confirmation, and of the date thereof. The county auditor acting as ex officio city auditor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      Second: All special assessments shall from the date of recording thereof, constitute liens upon the respective lots or parcels of land and improvements assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than ten installments, one of which shall be collected each year or the entire amount thereof shall be collected at once, in the manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven percent from the time due.

Powers and duties of city council of Reno


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ê1937 Statutes of Nevada, Page 438 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

prescribed, with annual interest thereon at a rate not exceeding seven percent from the time due.

      Third: All special assessments, except such installments thereof as the city council shall make payable at a future time, shall be due and payable upon recording.

      Fourth: Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the city council may require the city assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment when confirmed shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivisions.

      Fifth: Should any special assessment prove insufficient to pay for the improvement or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid.

      Sixth: Whenever any special assessment shall, in the opinion of the city council, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the city council shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All of the proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessment in this act.

      Seventh: Whenever any sum or any part thereof levied upon any premises in the assessment so declared invalid or illegal has been paid and is not refunded, the payment so made shall be applied upon the reassessment on said premises, and the assessment to that extent be deemed satisfied.

      Eighth: No judgment or decree nor any act of the city council vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon.

      Ninth: When any special assessment shall be confirmed and recorded the city council may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are contained in the special assessment roll, with the total amount of the assessment levied upon each lot if the entire amount is to be paid at once, or the amount of the annual installment with interest added if the assessment is to be paid in installments, and the name of the owner or occupant against whom the assessment was made, and by such resolution require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed respectively, and if the assessment is payable in installments the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid.


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ê1937 Statutes of Nevada, Page 439 (CHAPTER 204, AB 133)ê

 

roll, with the total amount of the assessment levied upon each lot if the entire amount is to be paid at once, or the amount of the annual installment with interest added if the assessment is to be paid in installments, and the name of the owner or occupant against whom the assessment was made, and by such resolution require the city assessor to levy the several sums so assessed as a tax upon the several lots of land and improvements, or premises to which they were assessed respectively, and if the assessment is payable in installments the city council shall annually and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed and against the persons chargeable therewith as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and the county auditor, acting as ex officio city auditor, shall extend the same on said roll in the same manner as state and county taxes, or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the tax receiver, acting as ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds. In the event any special assessment or assessments provided for herein are not paid when due, it shall be the duty of the said city tax receiver to sell the property in the same manner and at the same time, when possible, as property is sold for delinquent state or county taxes; and in such event it shall be the duty of said tax receiver to add thereto the same penalties, charges and costs as are added for delinquent state and county taxes.

      Tenth: If, in any action, proceeding or suit, in which any assessment shall be involved, it shall appear by reason of any irregularity or informality that the assessment has not been properly made against the party whose property is sought to be sold, or the lot or the premises sought to be sold or charged, the court may, nevertheless, on satisfactory proof that the expense has been incurred by the city which is a proper charge against the person sought to be charged, or the lot or premises in question, render judgment for the amount properly chargeable against such person or upon such lot or premises. In any action, suit or proceeding the assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to sell for such assessment or to recover judgment therefor.

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ê1937 Statutes of Nevada, Page 440 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

the proceedings in making the assessment and of the right of the city to sell for such assessment or to recover judgment therefor.

      Eleventh: The city council of the city of Reno is hereby authorized and empowered to correct or amend the said special assessment roll by resolution, at any time after confirmation and recording of the same, so as to make it conform to the actual cost of the work for which the same was levied and the changes in said roll shall be made by resolution, by a two-thirds vote of all the members elected to the city council, and the said resolution, or a copy thereof, certified by the clerk of the city council as being a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made.

      Twelfth: In construing the powers of sections 10a and 10b of article XII, anything in this act contrary thereto, shall not be deemed in conflict with the provisions of said powers.

      Sec. 14.  Section 10c of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 10c.  The city council, among other things, shall have power:

      First: To organize, regulate, maintain, and disband a fire department; to provide for the extinguishment of fire and protection against the same; to regulate or prohibit the storage of gunpowder, tar, pitch, resin, coal, oil, benzine, turpentine, nitro-glycerine, gasoline, fuel petroleum, gas or other explosive, combustible, or inflammable materials within, or transported through the city, or transported within or over the streets of the city, and to prescribe the distance from said city where the same may be stored, held, or kept, or the conditions under which the same may be stored, used, held or kept; to regulate the selling, using, or keeping of firecrackers, fireworks, and the giving of any exhibition of fireworks within the city limits or in any designated portion thereof.

      Second: To determine, by ordinance, what shall be deemed nuisances, and to provide for the abatement, prevention, and removal of the same. To cause the summary abatement and removal of nuisances declared to be such by ordinance and of nuisances per se. Provided, that any nuisance whatsoever may be abated and removed at the cost or expense of the person, partnership, firm, association or corporation creating, maintaining, causing or committing the same, or at the expense of the person, partnership, firm, association, or corporation owning, or in possession, charge or control of the property upon which the said nuisance is created, maintained, caused or committed in the following manner: The person, partnership, firm, association or corporation creating, maintaining, causing or committing the said nuisance, or owning, or in possession, charge, or control of the property upon which the same is created, maintained, caused or committed, shall be given notice by the city council to abate and remove the same, but if within seven days after the receipt or posting of such notice work has not been commenced to abate or remove the same, or, if work is so commenced if the nuisance is not removed or abated within a reasonable time thereafter, then the city may remove the same at the expense of the persons hereinabove mentioned;


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ê1937 Statutes of Nevada, Page 441 (CHAPTER 204, AB 133)ê

 

corporation creating, maintaining, causing or committing the said nuisance, or owning, or in possession, charge, or control of the property upon which the same is created, maintained, caused or committed, shall be given notice by the city council to abate and remove the same, but if within seven days after the receipt or posting of such notice work has not been commenced to abate or remove the same, or, if work is so commenced if the nuisance is not removed or abated within a reasonable time thereafter, then the city may remove the same at the expense of the persons hereinabove mentioned; said notice shall require the abatement or removal of said nuisance within the times herein stated or that cause be shown within the seven-day period, aforesaid, before the city council, at a meeting called for that purpose by the mayor upon the request of any person interested, why the said nuisance is not abated or removed, or that it is not a nuisance, or that it was caused by the city; said notice shall be served personally upon the person, partnership, firm, association, or corporation creating, maintaining, causing or committing the same, or upon the person, partnership, firm, association, or corporation owning, or in possession, charge or control of the property upon which the same is created, maintained, caused or committed, or if none of said persons can be served personally then said notice shall be served by posting it upon the premises where said nuisance exists and upon the same day mailing a copy thereof to any of the aforesaid persons at his place of business or residence, but if neither said place of business or residence are known then no mailing shall be necessary; if work to abate and remove said nuisance is not commenced within said seven-day period, or if said nuisance is not abated or removed within a reasonable time after said work is commenced, or if cause is not shown in the manner aforesaid, the city shall abate and remove the said nuisance; upon the completion of said abatement and removal by the city, the person in charge of the work of abating and removing said nuisance, or any other proper person, shall file with the city clerk for the city council a verified statement which statement shall include a statement of the work done, all expenses and costs incurred of any nature whatsoever, a description of the premises upon which the work was done and the name of the person, if known, chargeable with such costs and expenses; the city council shall thereupon determine if said costs and expenses were proper, the name of the person chargeable therewith and the premises to be assessed; the city council shall then, by resolution, adopt or revise the said statement and require the city clerk to transfer the said resolution, adopting or revising said statement, with said statement attached, to the city assessor for assessment; the city assessor shall thereupon make an assessment roll and levy a special assessment upon the said premises and against the person chargeable therewith, and after such levy he shall transfer said assessment roll to the city auditor, who shall thereupon record the same in his office in the same manner as street assessments are recorded; upon recording, said special assessment shall constitute a lien upon said premises assessed and shall remain such until paid; such assessment shall be due and payable upon recording, and if not paid when due it shall be the duty of the city tax receiver to sell the property in the same manner and at the same time with the same penalties, charges and costs as when property is sold for delinquent street assessments; said assessment shall be due in one sum and shall not be divided into installments; provided, that nothing herein contained shall prevent the maintenance of a suit by the city against any of the persons herein mentioned to collect the expense of such abatement and removal, or the prosecution criminally of the perpetrator of such nuisance, or any person responsible therefor, for fine, or imprisonment, or both.

Powers and duties of city council of Reno


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ê1937 Statutes of Nevada, Page 442 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

assessment; the city assessor shall thereupon make an assessment roll and levy a special assessment upon the said premises and against the person chargeable therewith, and after such levy he shall transfer said assessment roll to the city auditor, who shall thereupon record the same in his office in the same manner as street assessments are recorded; upon recording, said special assessment shall constitute a lien upon said premises assessed and shall remain such until paid; such assessment shall be due and payable upon recording, and if not paid when due it shall be the duty of the city tax receiver to sell the property in the same manner and at the same time with the same penalties, charges and costs as when property is sold for delinquent street assessments; said assessment shall be due in one sum and shall not be divided into installments; provided, that nothing herein contained shall prevent the maintenance of a suit by the city against any of the persons herein mentioned to collect the expense of such abatement and removal, or the prosecution criminally of the perpetrator of such nuisance, or any person responsible therefor, for fine, or imprisonment, or both.

      Third: To provide for safeguarding the health of the city. For this purpose the city council may appoint a city board of health, and may by ordinance prescribe for said board duties and powers additional to those in this charter mentioned.

      Fourth: To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions and businesses in this charter mentioned, and all character of lawful trades, callings, industries, occupations, professions, and businesses not herein specifically named whether similar to any trade, calling, industry, occupation, profession or business herein mentioned or not, and to fix, impose and collect a license tax on and to regulate said trades, callings, industries, occupations, professions and businesses whether conducted in whole or in part within the city. To fix, impose, and collect a license tax on and to regulate all theaters, theatrical or melodeon performances, and performances of any, every, and all kinds for which an admission fee is charged; circuses, billiard tables, pool tables, bowling alleys, and all exhibitions and amusements. To fix, impose, and collect a license tax on and regulate all taverns, hotels, restaurants, chop houses, cafes, saloons, eating-houses, lunch-counters, lodging houses, accommodating four or more lodgers, manufacturers, laundries, livery stables, sale stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brickyards, pressed-brick yards, street railway companies, operating in whole or in part within the city.


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ê1937 Statutes of Nevada, Page 443 (CHAPTER 204, AB 133)ê

 

in part within the city. To fix, impose and collect a license tax on and regulate auctioneers and stock brokers. To license and regulate plumbers and electricians and building contractors, and to regulate the manner in which plumbing and electrical work shall be done; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing and electrical trades and to prescribe such qualifications; to fix, impose, and collect a license tax on, regulate, prohibit, or suppress all raffles, hawkers and peddlers, except hawkers and peddlers dealing in their own agricultural products of this state. To fix, impose, and collect a license tax on, regulate, prescribe the location of, or suppress, all bar-rooms, gambling games, street fakirs, street peddlers, except as above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brickyards, livery, feed, or sale stables, cattle or horse corrals, foundries, and machine shops and any and all places where wines, spirituous, malt, vinous, or intoxicating liquors are sold, disposed of, or otherwise given away. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull, or badger baits, sparring and sparring contests. To regulate, prohibit, prescribe the location of, and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy houses, and any and all places where persons resort to for lewd or lascivious purposes, or purposes of lewdness or prostitution, including dance-houses, having special attraction, such as music or otherwise. To fix, impose, and collect a license tax on and regulate all lawful professions, trades, callings, and business whatsoever, including grocers, merchants of any, every and all kinds, of trades or traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, sewing-machine agents, marble or stone dealers, saddle or harness makers, or shops, cigar stores, stationery stores, confectionery stores, newspaper stands, plumbing shops, tin shops, when separate from hardware stores, hardware stores, paint or oil stores, bicycle shops, garages, repair shops, cycleries, warehouses, cold-storage plants, daily, weekly, semiweekly, monthly, semimonthly newspapers, or publications, ice peddlers, insurance companies, fire, life, and accident, and agents or solicitors for the same, surety companies and agents or solicitors for the same, shooting galleries, upholsterers, soap factories, barber shops, collection agencies, and collectors, carpet cleaners, photographers, wagon makers, wheelwrights, blacksmith shops, horse-shoeing shops, tailors and tailor shops, shoe shops, cobblers, tinkers, cloth-cleaning and dyeing establishments, all billiard or pool games or other or any table games played with cue and balls or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, railroad, telegraph and telephone companies, stage companies, electric light, water, and power companies, bankers and brokers of any, every and all kinds, electrical supply houses, job printers, manufacturers of soda water, or other or any soft drinks, or of brewing companies,

Powers and duties of city council of Reno


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ê1937 Statutes of Nevada, Page 444 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, railroad, telegraph and telephone companies, stage companies, electric light, water, and power companies, bankers and brokers of any, every and all kinds, electrical supply houses, job printers, manufacturers of soda water, or other or any soft drinks, or of brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, and retail and wholesale liquor houses, and may define the same; ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, second-hand stores, messenger service establishments, contracts, contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies, and agents or solicitors for the same, real estate agents, real estate solicitors, popcorn, peanut, delicatessen, fruit, and lemonade stands, refreshment or coffee stands, booths and sheds, dry-goods, stores of every, any and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands, or shops, abstract of title companies, or persons furnishing the same, iron works, packing houses, notions and notion stores, pipe and tobacco stores, gasoline stations, places where gasoline is stored, oil companies, automobile agencies, second-hand or otherwise, advertising by billboards, placards, and the like, vendors of goods, wares or merchandise of any nature whatsoever, buyers of all kinds, such as buyers of old gold, bootblack, and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, tobacco stores, cigarette stands, resorts for amusements of all kinds, and all and singular, each and every, and any business, and all trades, and professions, including attorneys, doctors, physicians, and dentists, and all character of lawful business, trade, industry, occupation, profession or calling not herein specifically named, whether similar to any business, trade, industry, occupation, profession or calling herein mentioned or not; provided, that all license fees must be uniform in respect to the class upon which they are imposed and there shall be no discrimination between persons engaged in the same business, but the council may, in its discretion, proportion the license tax upon any business according to the approximate amount of business done by the licensee.

      Sec. 15.  Section 10d of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 10d.  The city council, among other things, shall have power:

      First: To fix, impose, and collect an annual per capita tax on all dogs and to provide for the capture and destruction of all dogs on which said tax shall not be paid. To fix, impose, and collect a license tax on and regulate, whether used in whole or in part within the city, hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate the stands of all hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles.


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ê1937 Statutes of Nevada, Page 445 (CHAPTER 204, AB 133)ê

 

fix, impose, and collect a license tax on and regulate, whether used in whole or in part within the city, hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate the stands of all hacks, hackney coaches, cabs, omnibuses, express wagons, drays, job wagons, and all other vehicles used for hire, and to regulate their rates of fare, and to require schedules of rates to be posted on or upon such public vehicles. To fix, impose, and collect a license tax on, regulate, prohibit, or suppress runners for hotels, taverns, or other businesses.

      Second: To prevent and restrain any riot or riotous assemblage or disorderly conduct within the city, and to provide for the punishment of the same. To provide for the punishment of persons disturbing the peace by fighting, shouting, assault and battery, interference with a city officer in the discharge of his duties, intoxication, disorderly conduct, or disturbing the peace in any other manner.

      Third: To provide for the formation of a chain gang for persons convicted of offenses against the ordinances of the city, and for their proper employment for the benefit of the city, and to safeguard and prevent their escape while being so employed. To prohibit and suppress the use, possession, sale, gift or other disposition of narcotic drugs in the city, or cannabis indica, cocaine, opium, yen shee, morphine, marihuana, codeine, heroin, anhalonium (peyote or mescal button), and any other such drug not herein mentioned, whether similar hereto or not, and to punish any person using, possessing, selling, giving away, or otherwise disposing of any of said drugs.

      Fourth: To provide for conducting all city elections, regular or special, establishing election precincts, changing the same, and appointing the necessary officers of election; provided, that the voters of any ward, in the discretion of the city council, may be divided into alphabetical groups, but no such group shall exceed in numbers of voters the number of voters prescribed for an election precinct by the general election laws. And the city council may designate the location of and number of polling places in each ward.

      Fifth: To regulate the speed at which cars, automobiles, bicycles, and other vehicles may run within the city limits; to regulate and prohibit travel and traffic upon the streets, sidewalks, and alleys of the city; to regulate the use of streets and alleys by vehicles of all sorts; to suppress, regulate and control the stopping and parking of vehicles on the streets and alleys and to cause the removal of vehicles parked an unreasonable length of time on the streets or alleys, such time to be determined by the city council; to provide for the registering and licensing of bicycles; to prohibit and regulate the use of trailers or house trailers within the city limits and to establish parking grounds therefor within or without the city limits; and to prescribe the length of time any street may be obstructed by trains being made up of cars standing thereon, and to require railway companies, at the expense of said railway companies, either to erect safety gates and maintain the same, or to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the city council, be necessary; and to require street railway cars to be provided with modern fenders, and sufficient heat and other conveniences for the passengers and employees, and to have warning or signal bells rung at all street crossings, and generally to regulate and control the same for the comfort, safety, and security of pedestrians and the traveling public.

Powers and duties of city council of Reno


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ê1937 Statutes of Nevada, Page 446 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

prohibit and regulate the use of trailers or house trailers within the city limits and to establish parking grounds therefor within or without the city limits; and to prescribe the length of time any street may be obstructed by trains being made up of cars standing thereon, and to require railway companies, at the expense of said railway companies, either to erect safety gates and maintain the same, or to station flagmen or place such sufficient warning signals or signal bells on street crossings as may, in the judgment of the city council, be necessary; and to require street railway cars to be provided with modern fenders, and sufficient heat and other conveniences for the passengers and employees, and to have warning or signal bells rung at all street crossings, and generally to regulate and control the same for the comfort, safety, and security of pedestrians and the traveling public. And the city council of the city of Reno is hereby vested with full power and authority to exercise the right of eminent domain in all cases where the same is deemed necessary to condemn a right of way for street or other public purposes over and across any railroad right of way; to regulate and prohibit sales or displays for sale or for advertising purposes or displays for any purpose, or advertising by radio, or loudspeaker, in, upon, about or near any street, alley, sidewalk or public place in the city; to regulate and prohibit noises of all sorts in the city, or upon the streets, alleys, sidewalks or public places thereof; to regulate and prohibit the use of streets, alleys, sidewalks, public places, buildings and grounds for posting handbills, or advertisements, or the flying of flags or banners.

      Sixth: To examine all books, papers, reports, and statements of the several officers or other persons having custody, care, or disbursement of any moneys belonging to the city, and to examine and liquidate all accounts and claims against the city and to allow or reject the same or any part thereof.

      Seventh: To provide for the issuance of all licenses in this charter authorized, and to fix the amount thereof and the time for, manner of, and terms upon which the same shall be issued.

      Eighth: To make all appropriations, examine and audit, reject or allow the accounts of all officers, or other persons having the care or custody of any city moneys or property, and to determine the fee or salary of such officer or person, except as herein otherwise provided; to make contracts and agreements for the use and benefit of the city, such contracts to specify the fund out of which payment for the same is to be made; provided, that in no case shall a liability be created or warrant drawn against any fund beyond the actual amount then existing in such fund wherewith to meet the same.


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ê1937 Statutes of Nevada, Page 447 (CHAPTER 204, AB 133)ê

 

      Sec. 16.  Section 10e of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 10e.  The city council, among other things, shall have power:

      First: To control, enlarge, or abolish cemeteries and to sell or lease lots therein; to control and regulate the interments therein, and to prohibit them within the city limits, and to prescribe the distance, not to exceed one-half mile, from said city limits, where any building, structure, or tract of land, to be used as or for the purpose of crematories, incinerators, mortuaries, mausoleums, columbaria or cemeteries may be located; and to provide for the issuance of burial or transit permits and make a charge therefor.

      Second: To establish, lay out and change fire limits, and regulate or prevent the erection or repair of wooden buildings therein; to regulate and prescribe the material to be used in the construction or repair of buildings or sheds in such limits, and to prevent the erection or construction of any buildings or sheds of other material; to regulate, prescribe the material of, and prohibit awnings, porches, signs, placards, or billboards over sidewalks, or across streets, and to regulate the same throughout the city.

      Third: To provide by ordinance for registration of all persons possessing the requisite qualifications of voters in said city, such registration to conform as nearly as possible with the requirements of general laws governing registration of persons for general elections.

      Fourth: To provide and maintain a city prison, and provide for the guarding, safe-keeping, care, feeding, and clothing of the city prisoners.

      Fifth: To prohibit the keeping of and prevent or regulate the running at large in the city of any poultry, hogs, sheep, goats, swine, horses, cows or animals; to establish and maintain a pound; to authorize the impounding, sale, or disposal and destruction of all fowls or poultry running at large.

      Sixth: To regulate or prohibit the use of steam boilers; to regulate the location of telegraph, telephone, electric light, and other poles, and the suspension thereon of wires, and all underground wires and the construction and location of entrances to cellars and basements from sidewalks.

      Sec. 17.  Section 10f of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 10f.  The city council, among other things, shall have power:

      First: To prevent and regulate the erection or maintenance of insecure or unsafe buildings, walls, chimneys, stacks, or other structures; to prescribe the manner of construction and location of drains and sewers; to lay out, change, and create sewer districts; to require connections with sewers; to require owners, lessees, or other persons in control or possession of public buildings, or buildings used for public purposes, including hotels, dancing halls, theaters, and theater buildings, to place in or upon the same fire escapes and appliance for protection against fire; to prohibit, regulate and cause the abatement and removal at the expense of the owner of the premises, or the person in possession, charge or control of the premises, or the person responsible therefor, of dangerous chimneys, walls, and partly demolished, partly destroyed, or unsafe structures, stovepipes, ovens, and boilers; and to prevent the depositing of sewer filth, offal, manure, garbage, rubbish or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings, lumber, or any combustible material in unsafe places; to regulate and compel the abating, removal or cleaning, at the expense of the owner of premises, or the person in possession, charge or control of the premises, or the person responsible therefor of all nauseous matter, noxious or offensive smell, filth, garbage, offal, ashes, shavings, weeds, leaves, manure, old papers, boards, inflammable matter, unhealthy matter, unsightly matter, accumulated rubbish, debris, or nauseous, stinking, or foul privy vaults.

Powers and duties of city council of Reno


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ê1937 Statutes of Nevada, Page 448 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

create sewer districts; to require connections with sewers; to require owners, lessees, or other persons in control or possession of public buildings, or buildings used for public purposes, including hotels, dancing halls, theaters, and theater buildings, to place in or upon the same fire escapes and appliance for protection against fire; to prohibit, regulate and cause the abatement and removal at the expense of the owner of the premises, or the person in possession, charge or control of the premises, or the person responsible therefor, of dangerous chimneys, walls, and partly demolished, partly destroyed, or unsafe structures, stovepipes, ovens, and boilers; and to prevent the depositing of sewer filth, offal, manure, garbage, rubbish or other offensive matter in the city; to prevent the depositing of ashes, rubbish, shavings, lumber, or any combustible material in unsafe places; to regulate and compel the abating, removal or cleaning, at the expense of the owner of premises, or the person in possession, charge or control of the premises, or the person responsible therefor of all nauseous matter, noxious or offensive smell, filth, garbage, offal, ashes, shavings, weeds, leaves, manure, old papers, boards, inflammable matter, unhealthy matter, unsightly matter, accumulated rubbish, debris, or nauseous, stinking, or foul privy vaults. Wherever in this section it is stated that certain matters or things, herein mentioned, may be removed at the expense of the owner of the premises, or the person in possession, charge or control of the premises, or the person responsible for such matter or thing being upon said premises, the manner of abatement and removal, the assessment of the expense and cost thereof shall be the same as in the case of the abatement and removal of a nuisance as provided for in article XII, section 10c, subdivision second hereof, and said expense of abatement and removal shall constitute a lien to be enforced as in said article XII, section 10c, subdivision second provided, and the rights, duties and liabilities of the city and all persons interested shall be the same as in said article, section and subdivision provided.

      Second: To regulate the entrance to and exit from theaters, lecture rooms, public halls, and churches, and the number and construction of such entrances and exits; to prohibit and regulate the placing of chairs, stools, or benches in or crowding or otherwise impeding or obstructing the passageways, aisles, sidewalks and streets or space in front of, entrances to or exits of such places; to prohibit and regulate the standing of persons in the aisles, passageways, on the stairs, in the exits or entrances, lobbies, foyers or balconies of such places.

      Third: To regulate and control the construction and maintenance of any tubes, pipes, or pipe lines, conduits, ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances or wires, in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire-alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, or alleys.


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ê1937 Statutes of Nevada, Page 449 (CHAPTER 204, AB 133)ê

 

ditches, signal bells, warning signs, and other electrical, telegraph, and mechanical appliances or wires, in, along, over, under, and across the streets and alleys; provided, that no such appliances shall be placed so as to interfere with the fire-alarm system, or the extinguishment of fires, or permanently with the free use of the streets, sidewalks, or alleys.

      Fourth: To require every railroad company and street railway company to keep the streets in repair between the tracks and along and within the distance of two feet upon each side of the tracks, and to require all street railway companies to sprinkle the streets between their tracks, and for a reasonable distance on each side thereof.

      Fifth: To require or cause any lots or portions of lots, or any property or premises, or portion thereof, covered by stagnant water for any period to be filled up to such level as will prevent the same from being so covered, and the cost and expense of filling upon such real estate shall be a lien upon said lots, premises or property and a charge against and liability of the person in possession, charge, or control of the lots, premises, or property, or the owner thereof, and said lien shall be enforced and said costs and expenses collected as in the case of nuisances as provided for in article XII, section 10c, subdivision second hereof, and the rights, duties and liabilities of the city and all persons interested shall be the same as in said article, section and subdivision provided, and the manner of abatement and removal shall be the same in all respects as in said article, section, and subdivision provided.

      Sec. 18.  Section 10g of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 10g.  The city council, among other things, shall have power:

      First: To provide for and regulate the manner of weighing of all food products and foodstuffs, and hay, grain, straw, and coal, and the measuring and selling of firewood and of all fuel within the city, and to provide for the seizure and forfeiture of such articles offered for sale which do not comply with such regulations, and to examine, test and provide for the inspection and sealing of all weights and measures throughout the city and enforce the keeping by traders and dealers of proper weights and measures, duly tested and sealed, and by ordinance provide a penalty for the using of false weights or measures.

      Second: To restrain and punish vagrants, drunkards, drunkenness, disorderly persons, common prostitutes, mendicants, street walkers, street solicitors for alms or otherwise, street beggars, house beggars, and lewd persons; to suppress and abolish houses of assignation, or places resorted to by persons for the purposes of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms and to prevent and punish obscene language, or conduct, indecent exposure of person, loud and threatening or lewd language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, immoral, indecent, and disorderly conduct and practices in the city; to prevent and punish the discharging of firearms in the city, the lighting of fires in yards, streets, or alleys or any other unsafe places anywhere within the city; to prevent and punish the carrying of weapons, concealed or otherwise; to prevent and punish fast driving, fast horseback riding; or the riding or breaking to drive of wild or unmanageable horses in the city; to require that all horses left standing shall be hitched to post or weight, and to prescribe the length of time any horse or animal may be allowed to remain tied, held, or otherwise kept on the streets or alleys of the city.

Powers and duties of city council of Reno


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ê1937 Statutes of Nevada, Page 450 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

persons for the purposes of prostitution or immoral purposes; to prevent diseased, maimed, injured, or unfortunate persons from displaying their infirmities for the purpose of receiving alms and to prevent and punish obscene language, or conduct, indecent exposure of person, loud and threatening or lewd language, or profane language in the presence or hearing of women or children, and all obnoxious, offensive, immoral, indecent, and disorderly conduct and practices in the city; to prevent and punish the discharging of firearms in the city, the lighting of fires in yards, streets, or alleys or any other unsafe places anywhere within the city; to prevent and punish the carrying of weapons, concealed or otherwise; to prevent and punish fast driving, fast horseback riding; or the riding or breaking to drive of wild or unmanageable horses in the city; to require that all horses left standing shall be hitched to post or weight, and to prescribe the length of time any horse or animal may be allowed to remain tied, held, or otherwise kept on the streets or alleys of the city.

      Third: To prevent and punish all persons from showing, selling, or exhibiting for sale or in any manner publishing any obscene or indecent drawings, engravings, paintings, books, or pamphlets, and all obscene or indecent exhibitions and shows of every kind.

      Fourth: To levy a license tax upon, regulate, prohibit and suppress the possession, manufacture, sale or other disposal of intoxicating liquor within the city.

      Sec. 19.  Section 10i of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 10i.  The city council, among other things, shall have power:

      First: To provide for the cleaning of the river, reservoirs, and streams of the city, and the ditches connected therewith, of all driftwood and noxious matter; to prohibit, prevent and punish the depositing therein of any filth or other matter tending to make the waters thereof impure, unwholesome, or offensive.

      Second: To require all ditch or canal companies, persons, or individuals owning, operating, or controlling any ditch or canal running over or across any of the streets or alleys of the city to cause at their expense such ditch or canal to be completely bridged from side to side of such streets or alleys, and to cause, at their expense, any such bridge to be kept in a good state of repair, and, upon failure so to do, the city council may bridge said ditch or canal across any streets or alleys, or may repair any bridge, and may assess the cost of the whole or of any portion thereof, against said ditch, or canal, and against the corporation, partnership, company, person, or individual owning, operating, or controlling the same, and may make and establish and enforce a lien upon said ditch, canal and property by requiring the person causing or doing the same to report to the council an account of the labor or services, materials or supplies used in the erection and construction or repair of said bridge, which account shall be verified and shall contain the requirements of the account mentioned in subdivision ninth, section 10a of this article, in which case said lien shall be preserved, enforced, and foreclosed by sale, if the cost herein mentioned is not paid when due, as provided in subdivision ninth and those subdivisions following subdivision ninth of said section 10a, and as provided in section 10b of this article; and the provisions of subdivision ninth and those subdivisions subsequent thereto in said section 10a and the provisions of section 10b are hereby made specifically applicable to the matters in this section contained for the purpose of the assessment of said cost upon notice and the enforcement of said lien; provided, nothing herein contained shall prevent the city from constructing, reconstructing, or repairing any such bridge and collecting the cost or expense thereof by an action at law or a suit in equity; provided, however, that nothing herein contained shall apply to any ditch or portion of a ditch in existence at the time when the street or alley, as such, crossing the same was constructed or so reconstructed to an extent necessitating a new bridge.


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ê1937 Statutes of Nevada, Page 451 (CHAPTER 204, AB 133)ê

 

partnership, company, person, or individual owning, operating, or controlling the same, and may make and establish and enforce a lien upon said ditch, canal and property by requiring the person causing or doing the same to report to the council an account of the labor or services, materials or supplies used in the erection and construction or repair of said bridge, which account shall be verified and shall contain the requirements of the account mentioned in subdivision ninth, section 10a of this article, in which case said lien shall be preserved, enforced, and foreclosed by sale, if the cost herein mentioned is not paid when due, as provided in subdivision ninth and those subdivisions following subdivision ninth of said section 10a, and as provided in section 10b of this article; and the provisions of subdivision ninth and those subdivisions subsequent thereto in said section 10a and the provisions of section 10b are hereby made specifically applicable to the matters in this section contained for the purpose of the assessment of said cost upon notice and the enforcement of said lien; provided, nothing herein contained shall prevent the city from constructing, reconstructing, or repairing any such bridge and collecting the cost or expense thereof by an action at law or a suit in equity; provided, however, that nothing herein contained shall apply to any ditch or portion of a ditch in existence at the time when the street or alley, as such, crossing the same was constructed or so reconstructed to an extent necessitating a new bridge. No assessment herein provided for shall exceed the amount of benefits received.

      Third: To compel the owner of any grocery, tallow-candler shop, soap or candle factory, butcher-shop, or stall, slaughterhouse, stable, barn, corral, sewer, privy, or other offensive, nauseous, or unwholesome place or house, to cleanse, remove, or abate the same, whenever the city council shall deem it necessary for the health, comfort, or convenience of the inhabitants of the city; the expense thereof to be paid by the person causing, maintaining, or committing the same; and to provide for and regulate the location, operation and construction of packing houses, tanneries, canneries, bone factories, slaughterhouses, butcher-shops, soap factories, foundries, breweries, distilleries, or any unwholesome business place or establishment and other similar businesses in or within one mile of the city limits.

      Fourth: To select, appoint, and employ an engineer, surveyor, architect, or other skilled mechanic or person from time to time, whenever in the judgment of the city council it shall be necessary or expedient, for the purpose of supervising and directing any public work; the salary and compensation, duties, and responsibilities of such person to be fixed, determined, and fully defined by ordinance.

Powers and duties of city council of Reno


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ê1937 Statutes of Nevada, Page 452 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

      Fifth: To prescribe fines, forfeitures, and penalties for the breach or violation of any ordinance, or the provisions of this charter, but no penalty shall exceed the amount of five hundred dollars or six months’ imprisonment, or both such fine and imprisonment.

      Sixth: To require of and prescribe the amount of official bonds from its members and all officers of the city, whether elective or appointive.

      Seventh: To regulate and control the water and watercourses, ditches and flumes within or leading to the city.

      Sec. 20.  Section 10j of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 10j.  The city council, among other things shall have power:

      First: To institute and maintain any suit or suits, civil or criminal, in the name of the city, in the proper court, whenever necessary, in the judgment of the city council, to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city.

      Second: To hold, manage, use, and dispose of all real and personal property of the city, and to enforce the payment and collection of all dues, assessments, or demands of every nature or kind, belonging or inuring to the city, but no sales of property belonging to the city shall be made until after it shall have been appraised by three disinterested appraisers, residents and taxpayers of the city, at the actual market value, nor shall it be sold for less than seventy-five percent of such appraised value; provided, however, that any property belonging to the city may be disposed of to the United States of America, the State of Nevada, or the county of Washoe, or any other political subdivision of the State of Nevada, at a nominal consideration whenever the public interest requires such a disposition.

      Third: To prohibit any injury to or interference with the ornamental trees and shrubbery in and along the streets, avenues, alleys, sidewalks, parks and public places of the city, and to prescribe the punishment for such injury and interference; and to plant and regulate the planting, trimming and cutting of such ornamental shade trees and shrubbery in and along said streets, avenues, alleys, sidewalks, parks and public places of the city.

      Fourth: Any property, real or personal, necessary or required for the public use of the city, may be condemned and appropriated in the manner prescribed by general law, and all rights of eminent domain may be exercised by the city in relation thereto.

      Fifth: To change or enlarge the boundaries of any ward by ordinance, so as to annex or include therein additional lands with the tenements, property and inhabitants thereof, by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the property owners of the district proposed to be annexed first petition the city council to annex said territory; and provided further, that when the city council of the city of Reno deems it necessary to annex additional territory to said city of Reno,


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

ê1937 Statutes of Nevada, Page 453 (CHAPTER 204, AB 133)ê

 

by the passage of an ordinance declaring said territory to be annexed; provided, that the majority of the property owners of the district proposed to be annexed first petition the city council to annex said territory; and provided further, that when the city council of the city of Reno deems it necessary to annex additional territory to said city of Reno, and the inhabitants of said territory have not petitioned for annexation, that the said city council shall pass a resolution declaring its intention to annex said territory, describing said territory to be annexed, and ordering a plat of the same to be filed in the office of the city clerk of said city, and notice to be given as to the time when the city council shall hear objections to the annexation of said territory on the part of the freeholders residing therein, and the residents of said city; said notice to be published one week in a newspaper in said city of Reno, and to be posted in at least three public places in said district to be annexed, and to be mailed to all known freeholders in said district sought to be annexed, citing them to appear and show cause, on the date named, why said land should not be annexed to said city, and giving the reasons why the said land should be annexed to said city; and provided further, that after said hearing, if a majority of the freeholders residing in said territory sought to be annexed do not protest, the said city council shall pass an ordinance declaring said property to be annexed to, and be a part of, the said city of Reno, and shall order a plat showing said territory to be recorded in the office of the county recorder of the county of Washoe, and said territory shall then be a part of the said city of Reno and subject to all taxes and laws thereof; and provided further, that in the event a majority of the freeholders in said territory sought to be annexed protest against the annexation of said territory, that it will require a two-thirds (2/3) vote of the council to pass said ordinance annexing said territory to the said city of Reno; and provided further, that no change in the boundaries of any ward shall be made within sixty (60) days next preceding any general city election, and in no event oftener than two years.

      Sixth: To suppress or regulate and collect a license tax on circuses, public parades through the streets of the city, and public demonstrations or orations on the sidewalks, streets or in any public place.

      Seventh: In its discretion, to provide and set aside yearly a reasonable fund, which once so provided and set aside shall not be increased, but may be diminished during the year, for the purposes of publicity.

      Eighth: To create any office that may be deemed necessary for the good government of the city and to employ or appoint, on its own motion, such person or persons as it may deem expedient or necessary in any department of the city, who shall thereupon be subject to the supervision and regulation of the department head thereof.

Powers and duties of city council of Reno


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ê1937 Statutes of Nevada, Page 454 (CHAPTER 204, AB 133)ê

 

Powers and duties of city council of Reno

may deem expedient or necessary in any department of the city, who shall thereupon be subject to the supervision and regulation of the department head thereof.

      Ninth: To grant an exclusive franchise to any person, firm, association or corporation to operate and maintain a bus line in the city of Reno, such franchise to be granted only upon terms which shall be advantageous to the city of Reno; and the city council shall have the right to fix and prescribe the fares to be charged by the person, firm, association or corporation securing such franchise, or operating and maintaining such bus line.

      Tenth: To regulate and restrict the height, number of stories and size of buildings, and other structures, the percentage of a lot that may be occupied, the size of yards, courts, and other open spaces, the location and use of buildings, structures, and land for trade, industry, residence or other purposes, and to establish lines designating the distance at which buildings shall be erected from the property line of any lot or lots in the said city. To regulate the types of structures or buildings which may be constructed in specified districts of the city to be designated by the city council. For any and all of said purposes, the city council may, by ordinance, divide the city into districts of such number, shape and area as may be deemed suitable to carry out the purposes of this subdivision; and within districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All such regulations shall be reasonable and uniform for each class or kind of buildings throughout each district and for the kind and class of business or industry carried on in each district, but the regulations in one district may differ from those in other districts. All regulations shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers; to protect property and promote the health, safety and general welfare; to provide adequate light and air; to prevent the overcrowding of land; and to conserve the value of the buildings and structures in said district. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view of conserving the value of property and encouraging the most appropriate use of land throughout said city. The city council may likewise provide for districts of quiet to protect the public health. The boundary of any of district or districts in this subdivision mentioned may from time to time be amended, supplemented or changed, but such amendment, supplement or change shall only be made after a public hearing in relation thereto.


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

ê1937 Statutes of Nevada, Page 455 (CHAPTER 204, AB 133)ê

 

Notice of such hearing shall be given by one publication at least one week prior to such hearing.

      The city council may by ordinance provide for the appointment of a zoning commission to assist the city council in the exercise of the powers given the city council in this subdivision, and the city council may prescribe the duties of such commission in said ordinance.

      Eleventh: To regulate the possession, sale, or other disposition of, and provide for the inspection of, dairy products, food stuffs and food products.

      Sec. 21.  Section 10k of article XII of said act entitled above is hereby amended so as to read as follows:

      Section 10k.  The city council of the city of Reno may provide by ordinance for a pension fund for the payment of pensions to employees of the city of Reno who have been in the employ of said municipal government for a period of twenty-five (25) years, or who have been in the employ of said municipal government for a period of twenty (20) years, if said employee has reached the age of sixty (60) years, and is physically or mentally disabled, and the city council shall in said ordinance creating said pension fund set aside annually not to exceed three (3%) percent of the taxes collected annually for general purposes in said city, for the creation of said pension fund; provided, that if the money so set aside for said fund is greater than the amount necessary and is not disbursed for said purpose, it may be invested in an interest savings account in a bank in the city of Reno; and provided further, that the pension granted to any employee by said ordinance shall not exceed fifty (50%) percent of the average amount of the monthly wages or salary which said employee had been paid during the five years next preceding the time said employee is pensioned,

      Sec. 22.  Section 3 of article XIII of said act entitled above is hereby amended so as to read as follows:

      Section 3.  The board shall at its first meeting and annually thereafter, appoint one of its members, who is a practicing physician, as secretary of the board. The secretary shall be the ex officio health officer of the city.

      Sec. 23.  Section 4 of article XIII of said act entitled above is hereby amended so as to read as follows:

      Section 4.  The board of health shall have supervision of all matters pertaining to the sanitary condition of the city and the public institutions thereof and the health and life of the citizens of the city, and full powers are hereby given the board over all questions of defective drainage, disinfection, the sanitary cleaning of all public and private places, and the abatement of all nuisances prejudicial to the health of the city. And the board shall have full power, concurrent with that of the city council, to cause the removal and abatement of all nuisances, cases of defective drainage, or insanitary public or private places, and the cost of such abatement and removal may be collected against the person provided and in the manner provided in subdivision second, section 10c, article XII of this charter.

Powers and duties of city council of Reno

 

 

 

 

 

 

 

 

 

Pension fund provided for employees of city of Reno

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Health officer

 

 

Powers of board of health


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

ê1937 Statutes of Nevada, Page 456 (CHAPTER 204, AB 133)ê

 

Powers of board of health

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Inspection of food products offered for sale

 

 

 

 

Powers of municipal court

and abatement of all nuisances, cases of defective drainage, or insanitary public or private places, and the cost of such abatement and removal may be collected against the person provided and in the manner provided in subdivision second, section 10c, article XII of this charter. Such abatement and removal may be summary. The board shall adopt such forms, rules and regulations for the use of physicians and undertakers as in their judgment may be best calculated to secure vital and reliable mortality statistics in said city. The board shall have full power to prevent the spread of all contagious, communicable and infectious diseases, and for that purpose shall have full power to adopt such rules and regulations, and such system of inspection as may be necessary to ascertain the presence of, or prevent, or control and suppress any such disease. The board shall have the power to establish quarantine laws and to prevent or forbid communication with infected families or houses, and with the consent of the mayor, may provide the necessary attendants and supplies for any pesthouse which may be in use, and the health officer shall have power to establish a temporary pesthouse or pesthouses in case of any emergency. The violation of any rule, regulation or quarantine law of the board of health shall be subject to such fine or imprisonment, or both, as the city council may by ordinance prescribe.

      Sec. 24.  Section 5 of article XIII of said act entitled above is hereby amended so as to read as follows:

      Section 5.  The board of health or any member thereof, is hereby empowered, among other things, to inspect all meats, poultry, fish, game, bread, butter, cheese, milk, lard, eggs, vegetables, flour, fruits, meals, dairy products and all other food products offered for sale in the city and to have any such products as are unsound, spoiled, unwholesome or adulterated summarily destroyed.

      Sec. 25.  Section 3 of article XIV of said act entitled above is hereby amended so as to read as follows:

      Section 3.  The municipal court shall have the powers and jurisdiction in said city as are now provided for justices of the peace, wherein any person or persons are charged with the breach or violation of the provisions of any ordinance of said city or of this charter, of a police nature; provided, that the trial and proceedings in such cases, in the municipal court or on appeal therefrom, shall be summary and without a jury. The said court shall have jurisdiction to hear, try and determine all cases, whether civil or criminal for the breach or violation of any city ordinance or any provision of this charter of a police nature, or for violation of the rules and regulations or quarantine laws of the board of health, when the city council has by ordinance provided a penalty therefor, and shall hear, try, determine, acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter.


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ê1937 Statutes of Nevada, Page 457 (CHAPTER 204, AB 133)ê

 

acquit, convict, commit, fine or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings in said court shall conform, as nearly as practicable, to the practice and proceedings of justice’s courts in similar cases, except as herein limited or extended. Fines imposed by the court may be recovered by execution against the property of the defendant, or the payment thereof enforced by imprisonment in the city jail of said city, at the rate of one day for every dollar of such fine, or said court may, in its discretion, adjudge and enter upon the docket supplemental order that such offender shall work on the streets or public works of said city, at a rate of two dollars for each day of the sentence, which shall apply on such fine until the same shall be exhausted or otherwise satisfied. The complaint in any prosecution for any offense or offenses committed under any ordinance or ordinances of the city may state the offense in the language of the ordinance; and no complaint shall be dismissed on appeal or otherwise where more than one offense is stated therein, if such offenses arose out of the same act, transaction or event; nor shall the city be required to elect between the different offenses stated, but in no event shall the defendant be punished for more than one of such offenses.

      Sec. 26.  Section 4 of article XIV of said act entitled above is hereby amended so as to read as follows:

      Section 4.  Said court shall have jurisdiction of any action for the collection of any money payable to the city from any person, or of any action for damages or against the city, when the principal sum claimed does not exceed three hundred dollars; also for the breach of any bond given by any officer or person to or for the use or benefit of the city, and any action for damages in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also for the recovery of personal property belonging to the city, when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer, that the validity of any tax, impost, assessment, toll, or municipal fine shall necessarily be in issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certification of causes by justice’s courts.

      Sec. 27.  Section 3 of article XVI of said act entitled above is hereby amended so as to read as follows:

Powers of municipal courts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Jurisdiction of municipal court


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

ê1937 Statutes of Nevada, Page 458 (CHAPTER 204, AB 133)ê

 

Bond issue limited

 

 

 

 

 

 

All registered residents legal electors

 

 

 

 

 

 

 

 

 

 

Council may grant franchises by ordinance

      Section 3.  The city shall not issue or have outstanding at any time bonds to an amount in excess of seven and one-half percent of the total assessed valuation of the taxable property within the city as shown by the latest tax list or roll. This limitation shall not apply to bonds issued under the provisions of article XII, section 10a, subdivision third.

      Sec. 28.  Section 2 of article XVII of said act entitled above is hereby amended so as to read as follows:

      Section 2.  Every person who resides within the exterior boundaries of said city at the time of holding any city election, and whose name appears upon the official register of voters in and for said city, shall have the right to vote at each city election, whether regular or special, and for all officers to be voted for and on all questions that may be submitted to the people at any such general or special city elections, except as herein otherwise provided; and nothing herein contained shall be so construed as to deny or abridge the power of the council to provide for the registration of electors as in this charter hereinbefore provided. Whenever an election, special or general, for any purpose is provided for by law and the person or body to call said election is not named, the said election shall be called by the city council.

      Sec. 29.  Section 2 of article XVIII of said act entitled above is hereby amended so as to read as follows:

      Section 2.  The council shall have the power, by ordinance, to grant any franchise, but no ordinance for such purpose shall be valid or effective unless the council shall first pass a resolution which shall set forth fully and in detail the manner of making application for, the purpose and character of, terms, time and conditions of the proposed franchise. Such resolution may be passed at a general or special meeting called for that purpose. Such resolution shall be published once, in full, in some newspaper published in the city. At the second regular meeting of the council after the publication of the resolution the council shall, unless a petition shall be received by it as in the next section provided, proceed to pass an ordinance for the granting of the franchise; provided, that such franchise shall be granted only on the same terms and conditions in all respects as expressed in the resolution as published, otherwise such ordinance shall be null and void; provided, further, that the council shall dispose of such franchise after it has been created by said resolution and ordinance only to the person or persons offering the best and most advantageous terms to the city.

      Sec. 30.  Section 3 of article XVIII of said act entitled above is hereby amended so as to read as follows:

      Section 3.  The ordinance passed as in the preceding section provided, shall be valid to all intents and purposes as other ordinances duly and legally passed by the council, and any franchise granted thereby shall be in all respects valid and legal; provided, that if at any time within ten days from the date of the publication of the resolution mentioned in the preceding section, a petition signed by not less than three hundred taxpayers of said city, representing not less than ten percent of the taxable property of said city, as shown by the next preceding city assessment roll, shall be presented to the council praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the council to call a special election as soon as practicable; such election to be held and conducted as nearly as possible in the same manner as elections for city officers.


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ê1937 Statutes of Nevada, Page 459 (CHAPTER 204, AB 133)ê

 

other ordinances duly and legally passed by the council, and any franchise granted thereby shall be in all respects valid and legal; provided, that if at any time within ten days from the date of the publication of the resolution mentioned in the preceding section, a petition signed by not less than three hundred taxpayers of said city, representing not less than ten percent of the taxable property of said city, as shown by the next preceding city assessment roll, shall be presented to the council praying for a special election in said city upon the question of whether or not the proposed ordinance shall be passed, then it shall be the duty of the council to call a special election as soon as practicable; such election to be held and conducted as nearly as possible in the same manner as elections for city officers. Notice of such election shall be given in some newspaper published in the city, which notice shall be printed underneath the resolution hereinbefore mentioned and refer to the same, and the notice and resolution shall be so published together two times, the second publication being at least one week before such election shall be had. The council shall in due time make provision for holding such special election and the city clerk shall prepare, at the expense of the city, suitable printed stationery for use as ballots which shall contain a brief statement of the ordinance, underneath which shall be printed, “For the Ordinance” and “Against the Ordinance.” The council shall appoint suitable and competent persons to act as inspectors at such election and shall do all other things and acts necessary to fully carry out the purposes and intent thereof; provided, that no person not a taxpayer within the corporate limits of said city shall be qualified to vote at any such special election; and provided further, that no such proposed ordinance shall be adopted or be valid or effective for any purpose whatsoever, unless the same shall receive an affirmative vote of the majority of all the voters voting thereon. The council shall within five days after such election, canvass and declare the result by resolution, and if such proposed ordinance is carried at said election, at the first subsequent regular meeting after said canvass, such ordinance shall be passed by the council and signed by the mayor, and henceforth be in full force and effect without publication.

      Sec. 31.  Section 6 of article XIX of said act entitled above is hereby amended so as to read as follows:

      Section 6.  A “taxpayer,” within the meaning of this charter, shall be construed to be and include all persons whose names appear on the official tax roll for the current or the year preceding that in which the elector offers to vote; or one who shall have paid a poll tax for the current or the year preceding that in which he offers to vote; or one who shall have paid any authorized license tax for the current or the quarter next preceding that in which the election is held at which such person offers to vote.

Ordinance to be valid in all respects

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

“Taxpayer” defined


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ê1937 Statutes of Nevada, Page 460 (CHAPTER 204, AB 133)ê

 

 

 

 

 

Voter to have necessary qualifications

 

 

Section repealed

 

 

Council may create bonded indebtedness

 

 

 

 

 

Special election to be called

 

 

 

 

 

 

 

Form of ballot

one who shall have paid any authorized license tax for the current or the quarter next preceding that in which the election is held at which such person offers to vote. The judges or officers of election shall have power, and it is hereby made their duty in all cases of special elections of franchises, to require of each person offering to vote thereat, to show by the affidavit of such person that he possesses the qualifications prescribed; provided, that such judges or election officials may require further proofs for, as well as against, the right of any person to vote, when such right is challenged by a duly qualified elector.

      Sec. 32.  Section 10b 1/2 of article XII is hereby repealed.

      Sec. 33.  Article XVIII is hereby amended by adding thereto a new section to be known as section 4 of article XVIII.

      Section 4.  The council shall have power, by ordinance, to create any municipal bonded indebtedness and issue bonds as herein provided. The council shall propose an ordinance which shall set forth fully and in detail the purpose or purposes of the proposed bonded indebtedness, the terms, amount, maximum rate of interest and time within which redeemable and on what fund. Said ordinance shall also set forth substantially the form of the bonds to be issued but need not provide for the manner of their sale, or any other matters except as herein required. Said ordinance need not be published except as herein provided. It shall be the duty of the council to call a special election as soon as practicable for the purpose of submitting said proposed ordinance to the people, such election to be held and conducted as nearly as possible in the same manner as an election for city officers. Notice of such election shall be given in some newspaper published in the city, which notice shall be printed underneath the proposed ordinance and refer to the same, and the notice and proposed ordinance shall be so published together two times in a daily newspaper published in the city, the second publication being at least one week before such election shall be had. The council shall in due time make provision for holding such special election and the city clerk shall prepare, at the expense of the city, suitable printed stationery for use as ballots which shall contain a brief statement of the ordinance, underneath which shall be printed, “For the Ordinance” and “Against the Ordinance.” The council shall appoint suitable and competent persons to act as inspectors at such election and shall do all other things and acts necessary to fully carry out the purposes and intent thereof; provided, that said election shall be held and said bonds shall be issued and sold only in conformity with all state laws upon the subject, applicable to the city of Reno, and especially “An act relating to bond elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 20, 1933, as the same may be from time to time amended, and “An act relating to bonds issued by counties, cities, towns, school districts, and other municipal corporations, and repealing all acts and parts of acts in conflict therewith,” approved March 23, 1927, as the same may be from time to time amended.


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ê1937 Statutes of Nevada, Page 461 (CHAPTER 204, AB 133)ê

 

elections, providing for the manner of holding the same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 20, 1933, as the same may be from time to time amended, and “An act relating to bonds issued by counties, cities, towns, school districts, and other municipal corporations, and repealing all acts and parts of acts in conflict therewith,” approved March 23, 1927, as the same may be from time to time amended. The council shall, within five days after such election, canvass and declare the result by resolution, and, if such proposed ordinance carried at said election, at the first subsequent regular meeting after said canvass, such ordinance shall be passed by the council and signed by the mayor and thenceforth be of full force and effect without publication.

      Sec. 34.  Article XVIII is hereby amended by adding thereto a new section to be known as section 5 of article XVIII.

      Section 5.  The council shall have power, by ordinance, to refund any municipal bonded indebtedness and to issue refunding bonds. The ordinance shall set forth fully and in detail the bonded indebtedness to be refunded and the terms, amount, maximum rate of interest, and time within which redeemable, and on what fund. Said ordinance shall also set forth substantially the form of the refunding bonds to be issued but need not provide for the manner of their sale, or for any other matter, except as herein mentioned. Such ordinance may be passed and adopted in accordance with the provisions of section 7 of article XII of this charter and no election shall be necessary. The council shall, in a like manner, have power to issue bonds in place of or to supply means to meet maturing bonds.

      Sec. 35.  This act shall be in full force and effect from and after its passage and approval.

Present laws to govern

 

 

 

 

 

Vote to be canvassed

 

 

 

 

 

Council may issue refunding bonds

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 205, SB 121

[Senate Bill No. 121–Senator Sawyer]

 

Chap. 205–An Act to amend an act entitled “An act concerning the insane of the state, creating a board of commissioners for the care of the indigent insane, and to provide for the care of the insane,” approved March 25, 1913, as amended, and repealing certain portions thereof, and other matters relating thereto.

 

[Approved March 29, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of the above-entitled act, being Nevada Compiled Laws 1929, section 3511, as amended by chapter 3, 1923 Statutes of Nevada, pages 2 and 3, is hereby amended to read as follows:

 

 


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

ê1937 Statutes of Nevada, Page 462 (CHAPTER 205, SB 121)ê

 

 

 

 

 

Relating to commitment of insane persons

 

 

 

 

 

 

Two physicians, examination by

 

 

 

 

 

 

 

 

Expense, how paid

 

 

 

 

Compensation of physicians and reporter

chapter 3, 1923 Statutes of Nevada, pages 2 and 3, is hereby amended to read as follows:

      Section 7.  It shall be the duty of the judge of the district court in each judicial district in this state, upon the application of any person under oath setting forth that any person is insane, and so far disordered in his or her mind as to endanger health, person, or property, or is an idiot or an adult feeble-minded person who is a resident of this state, to cause the said person to be brought before him at such time and place as he may direct. Said judge may direct the clerk of said court to issue subpenas for the attendance of witnesses at the examination of said person, and such witnesses shall be paid their actual expenses caused by their attendance aforesaid, the amount of said expenses to be determined by said judge and paid out of county funds as he shall order; and as to persons so alleged to be insane the said judge shall also cause to appear at the same time and place two or more licensed practicing physicians, except as hereinafter modified and provided, who shall proceed to examine the person alleged to be insane; and if said physicians, after careful examination, shall certify upon oath that the charge is correct, and if the judge is satisfied that such person is insane and so far disordered in his or her mind as to endanger health, person, or property, or is an idiot or adult feeble-minded person, and is incompetent to provide for his or her own proper care and support, and has no property applicable for such purpose, and no kindred in the degree of husband or wife, father or mother, children, brother or sister, of sufficient means and ability to provide properly for such care and support, he shall cause the said person to be conveyed to the Nevada hospital for mental diseases, at the expense of the state, and place the said person in charge of the proper person having charge of said Nevada hospital for mental diseases, together with a copy of the complaint, commitment and physicians’ certificate, which shall be in the form as the board may prescribe, and a full and complete transcript of the notes of the official court reporter made at the examination of said person before the committing judge. Said physicians shall be paid a reasonable sum for their services, the amount to be determined by said judge and paid as he shall order, but not to exceed ten ($10) dollars for a half day, or twenty ($20) dollars for a whole day. Said official reporter shall be compensated as ordered by said judge, the fees to be paid the same as those prescribed in section 8460 Nevada Compiled Laws 1929; provided, that any such insanity hearings held in counties where there is only one such physician residing at the county seat or within fifty (50) miles thereof, said examination may be had and said certification made by only one physician at such original hearings, and said judge may temporarily commit said insane person to said hospital in the same manner and upon the same conditions as if two such physicians had acted,


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

ê1937 Statutes of Nevada, Page 463 (CHAPTER 205, SB 121)ê

 

hearings, and said judge may temporarily commit said insane person to said hospital in the same manner and upon the same conditions as if two such physicians had acted, save and except that in any such case the superintendent of said hospital shall, immediately upon the arrival of any such insane person so committed upon the examination and certification of only one such physician, cause a reputable, licensed and practicing physician at Reno or Sparks, Nevada, to attend and examine such insane person, and to also certify upon oath that the person is either sane or insane, all at the expense of the county from which said person was so originally temporarily committed, and also cause a copy of such examination and certification to be furnished the judge before whom said original hearing was had and to be filed with the county clerk of the county from which said person was so originally temporarily committed as a part of the record in such insanity hearings; and such county clerk shall immediately call the attention of said district judge thereto; and if said person be found insane also upon such examination so caused to be had by the superintendent of said hospital, then said judge shall make and enter an order modifying said temporary commitment, or make and enter a new commitment, making said commitment of said insane person effective to the same extent as if said original examination and certification had been made by two or more such physicians as hereinbefore provided, and shall cause a certified copy of the proceedings of said district judge and of said order or new commitment to be furnished the superintendent of said hospital; but if said person be found not insane upon the examination so caused to be made by the superintendent of said hospital, then said superintendent shall cause a copy of such examination and the certificate of said Reno or Sparks physician to the effect that said person is not insane, certified by said superintendent as a full, true and correct copy thereof, to be furnished said district judge and filed with the county clerk as hereinbefore provided, and said county clerk shall immediately call the attention of said judge thereto, and said judge shall thereupon modify his former order and temporary commitment so as to provide that said person be not committed or confined in said hospital, unless and until at least two (2) such reputable, licensed, and practicing physicians shall have found said person to be insane; and provided further, that in the case of person so alleged to be idiots or adult feeble-mined, said judges may commit to said hospital upon the examination and certification of one such physician in the manner hereinbefore in this section set forth.

      Sec. 2.  Section 13 of the above-entitled act, being Nevada Compiled Laws 1929, section 3517, is hereby repealed.

 

One physician may act under certain conditions; additional examination to be made at hospital

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section repealed


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

ê1937 Statutes of Nevada, Page 464 (CHAPTER 205, SB 121)ê

 

 

 

Superintendent may discharge patients

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Care of feeble-minded minors

 

 

 

 

May be placed in other institutions at expense of county from which committed

      Sec. 3.  Section 19 of the above-entitled act, being Nevada Compiled Laws 1929, section 3523, is hereby amended to read as follows:

      Section 19.  The superintendent of the Nevada state hospital for mental diseases may, with the approval of the board having supervision over said hospital, discharge any patient, upon ten (10) days’ notice in writing to the county clerk of the county, except one held upon an order of a court or judge having criminal jurisdiction in an action or proceeding arising out of a criminal offense, at any time, as follows:

      1.  A patient who, in his judgment, is recovered;

      2.  A patient who, in his opinion, is a dotard, not insane; or

      3.  May temporarily parole into the custody of any relative or friend or guardian who will be responsible for his conduct any patient who is not wholly recovered but whose parole, in the judgment of the superintendent, will not be detrimental to the public welfare, or injurious to the patient.

      A poor and indigent patient discharged by the superintendent because he is a dotard, not insane, shall be received by authorities of the county having charge of the poor in the county from which he was committed if the discharge of such patient is approved by the board for the care of the insane, and the cost of returning him to the county shall be a charge upon that county.

      Sec. 4.  Section 20 of the above-entitled act, being Nevada Compiled Laws 1929, section 3524, is hereby amended to read as follows:

      Section 20.  The said board for the care of the said Nevada hospital for mental diseases and the superintendent of said hospital are hereby authorized to receive and care for, temporarily, the indigent feeble-minded minors of the State of Nevada at state expense, when properly committed to said hospital, and to hold them temporarily subject to such an arrangement as may be made for their proper care and education in an institution in a neighboring state to be selected by said board, but only for such a reasonable time in each case as may be necessary in order to make such an arrangement. It shall be the mandatory duty of the superintendent of said hospital immediately to investigate and ascertain the names and locations of such institutions as may be available in such neighboring states for the proper care and education of such feeble-minded minors, the number of such minors which may be accommodated in each of such institutions and the terms upon which such feeble-minded minors may be cared for and educated therein, and to revise said information and keep it up to date monthly, in order that said superintendent may have such up-to-date information available at all times and that it may not be necessary to keep said feeble-minded minors in said Nevada hospital for mental diseases an unreasonable period of time, and to the end that the education of said feeble-minded minors may not be unnecessarily hindered or delayed, and the expense of the care, maintenance and education of such feeble-minded minors, after they shall have been sent to such an institution or institutions in a neighboring state, and the expense of transportation and incidental expenses of transporting such minors to such institution or institutions shall be a charge against and paid by the county from which any such minor was committed.


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

ê1937 Statutes of Nevada, Page 465 (CHAPTER 205, SB 121)ê

 

that said superintendent may have such up-to-date information available at all times and that it may not be necessary to keep said feeble-minded minors in said Nevada hospital for mental diseases an unreasonable period of time, and to the end that the education of said feeble-minded minors may not be unnecessarily hindered or delayed, and the expense of the care, maintenance and education of such feeble-minded minors, after they shall have been sent to such an institution or institutions in a neighboring state, and the expense of transportation and incidental expenses of transporting such minors to such institution or institutions shall be a charge against and paid by the county from which any such minor was committed. It shall be the mandatory duty of the board of county commissioners of such county to advance to the superintendent of said Nevada hospital for mental diseases, immediately upon request therefor, the expenses of and incidental to the transportation of any such minor from said Nevada hospital for mental diseases to any such institution of a neighboring state so selected for the care and education of such minor, as estimated by said superintendent; and such advancement may be enforced by mandamus or other proper proceeding in any court of competent jurisdiction without cost to the state for filing fees or any other court costs or expenses. Upon ascertaining the amount agreed upon between said board for the care of said Nevada hospital for mental diseases or the superintendent of said hospital, and the proper officer or officers of such an institution of a neighboring state so selected for the care and education of any such feeble-minded minor, said superintendent shall immediately notify the board of county commissioners of the county from which such minor was committed of the amount agreed upon for such care and education; and it shall be the mandatory duty of said board of county commissioners to advance and pay to the superintendent of said Nevada hospital for mental diseases, immediately upon receipt of said information, the full and complete amount of such expense for the next succeeding quarter-year; and said immediate payment and advancement may be enforced in the same manner hereinbefore set forth.

      Sec. 5.  This act shall be in full force and effect immediately from and after its passage and approval.

 

 

 

 

 

 

 

 

 

County commissioners to provide for payment of all expenses of minors committed to other institutions

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1937 Statutes of Nevada, Page 466ê

CHAPTER 206, AB 343

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Public policy of state in relation of employer and employee enunciated

 

 

 

 

 

 

 

Equal rights granted

[Assembly Bill No. 343–Mr. Whalen]

 

Chap. 206–An Act relating to employers, employees, workers and laborers and associations and combinations thereof; providing the right of adversary parties in labor disputes and negotiations to representation by representatives of such parties’ choosing; providing a penalty for the violation hereof.

 

[Approved March 29, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  In the interpretation and application of this act, the public policy of this state is declared as follows:

      Negotiations of terms and conditions of labor should result from voluntary agreement between employer and employees. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers the individual organized worker is helpless to exercise actual liberty of contract and to protect his freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore, it is necessary that the individual workman have full freedom of association, self-organization, and designation of representatives of his own choosing, to negotiate the terms and conditions of his employment, and that he shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

      The employers have enjoyed these rights for ages and now enjoy the right to negotiate with their employees and prospective employees through agencies and representatives of their own choosing. The workmen should enjoy the same right and should be accorded the same privilege in protecting and providing for their most valuable asset, the labor of their brain and brawn, as is accorded the employers in the protection and enhancement of their property rights in their industries and affairs. Mutuality of conduct in the negotiations between the employers and workers concerning wage agreements, working conditions and all other matters connected with the employment of human beings in industry of any kind is essential to the welfare of both and to the industrial peace of the community, state and nation.

      Sec. 2.  It shall be unlawful for any employer, or any association or combination of employers of labor, in this state, or any workman, laborer, association, organization or combination of workmen or laborers in this state, or any officer or officers, agent or agents, attorney or attorneys, or any other person or persons whatsoever representing any such employer or association or combination of employers, or representing any such workman or laborer or association, organization or combination of workmen or laborers to deny or cause to be denied, prevent or cause to be prevented in any hearing, meeting or conference between any such employer or employers and any such workmen or laborers, or any combination thereof, wherein wage negotiations, wage disputes, working conditions, matters of discipline, or any other matter or matters that may be the subject of any such hearing, meeting or conference, the right of representation thereat by a person or persons chosen by the adversary party or parties then and there engaged in such hearing, meeting or conference to act as its or their representative or representatives, and any such person or persons so chosen shall be recognized and accorded the right to represent at such hearing, meeting or conference the party or parties so choosing such representative person or persons and present and submit the views, contentions and demands thereof.


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

ê1937 Statutes of Nevada, Page 467 (CHAPTER 206, AB 343)ê

 

any other person or persons whatsoever representing any such employer or association or combination of employers, or representing any such workman or laborer or association, organization or combination of workmen or laborers to deny or cause to be denied, prevent or cause to be prevented in any hearing, meeting or conference between any such employer or employers and any such workmen or laborers, or any combination thereof, wherein wage negotiations, wage disputes, working conditions, matters of discipline, or any other matter or matters that may be the subject of any such hearing, meeting or conference, the right of representation thereat by a person or persons chosen by the adversary party or parties then and there engaged in such hearing, meeting or conference to act as its or their representative or representatives, and any such person or persons so chosen shall be recognized and accorded the right to represent at such hearing, meeting or conference the party or parties so choosing such representative person or persons and present and submit the views, contentions and demands thereof.

      Sec. 3.  Any person, firm, association, combination of persons, organization or corporation, or any officer, agent, servant, employee or attorney thereof violating the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred ($500) dollars, or by imprisonment for not more than six months in the county jail, or by both such fine and imprisonment.

      Sec. 4.  This act shall be effective upon its passage and approval.

Right of representation guaranteed

 

 

 

 

 

 

 

 

 

 

 

 

 

Penalty for violation

 

 

 

 

In effect

 

________

 

CHAPTER 207, AB 156

[Assembly Bill No. 156–Mr. Whalen]

 

Chap. 207–An Act regulating the hours of service and fixing the minimum compensation therefor of females employed in private employment in this state, and providing certain exceptions thereto; providing the mode of payment of the compensation of such females, and providing compensation for female employees reporting for duty but not permitted to enter upon such duties; providing for special uniforms for female employees; defining the duties of certain persons in relation hereto; prescribing penalties for the violations thereof and other matters properly relating hereto.

 

[Approved March 29, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  That with respect to the employment of females in private employment in this state it is the sense of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor.

 


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

ê1937 Statutes of Nevada, Page 468 (CHAPTER 207, AB 156)ê

 

Eight-hour day for female employees

 

 

 

 

 

 

 

 

Minimum wage three dollars per day

Certain acts unlawful; exceptions; time and one-half for overtime

of the legislature that the health and welfare of female persons required to earn their livings by their own endeavors require certain safeguards as to hours of service and compensation therefor. The health and welfare of the female workers in this state are of concern to the state and the wisdom of the ages dictates that reasonable hours, not to exceed eight in any one day, are necessary to such health and welfare, and, further, that compensation for the work and labor of female workers must be sufficient to maintain that health and welfare. The policy of this state is hereby declared to be that eight hours in any one twenty-four-hour period and not more than forty-eight hours in any one week is the maximum number of hours female workers shall be employed in private employment, with certain exceptions in emergencies, and that no less than three dollars for one day of eight hours, or eighteen dollars for one week of six days of eight hours each shall be paid such female workers in this state.

      Sec. 2.  It shall be unlawful for any person, firm, association or corporation, or any agent, servant, employee or officer of any such firm, association or corporation employing females in any kind of work, labor or service in this state, except as hereinafter provided, to employ, cause to be employed or permit to be employed any female for a longer period of time than eight hours in any twenty-four-hour period, or more than forty-eight hours in any one week of seven days; provided, that in the event of the illness of the employer or other employees, or a temporary increase of the business of the employer which could not by reasonable diligence be foreseen, to the extent that a greater number of female employees would be required than normally if the regularly employed females were relieved from duty at the expiration of the eight-hour period, and no additional persons are then and there available or can be obtained with reasonable certainty who are capable of performing the duties required of the regularly employed females of any such employer, the regularly employed females may then be required and permitted to work and labor an additional period of time in a twenty-four-hour period but not to exceed twelve hours in said period, and in no event shall such females be required or permitted to be employed more than fifty-six hours in any one week of seven days; provided further, that as to all hours the females shall be required or permitted to work, labor or serve over and above eight hours in any twenty-four-hour period, or forty-eight hours in any one week, such females shall be paid time and one-half for each said additional hour, computed on their regular wage rates.

      Sec. 3.  It shall be unlawful for any person, firm, association or corporation, or any agent, servant, employee or officer of any such firm, association or corporation to employ, cause to be employed or permit to be employed, or contract with, cause to be contracted with or permit to be contracted with any female at or for a lesser wage than three dollars for one day of eight hours or eighteen dollars for one week of six days of eight hours each; provided, all females employed to work, labor or serve a lesser number of hours than eight in any one day or a lesser number of days than six in any one week, if the wages are computed upon a weekly basis, shall be paid therefor her wages computed upon the full daily or weekly rate then and there paid for such work, labor or service, and in no event shall such computation be so made as to cause any reduction of such daily or weekly rate or any reduction of the minimum daily or weekly wage fixed in this act as applied to such lesser number of hours or days so employed; provided, that during a probationary period of not to exceed three consecutive months the employer, and his or her employee or employees, may stipulate that the provisions of this section shall not apply; and provided further, that at the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period, regardless of the nature or place of employment thereafter.


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

ê1937 Statutes of Nevada, Page 469 (CHAPTER 207, AB 156)ê

 

officer of any such firm, association or corporation to employ, cause to be employed or permit to be employed, or contract with, cause to be contracted with or permit to be contracted with any female at or for a lesser wage than three dollars for one day of eight hours or eighteen dollars for one week of six days of eight hours each; provided, all females employed to work, labor or serve a lesser number of hours than eight in any one day or a lesser number of days than six in any one week, if the wages are computed upon a weekly basis, shall be paid therefor her wages computed upon the full daily or weekly rate then and there paid for such work, labor or service, and in no event shall such computation be so made as to cause any reduction of such daily or weekly rate or any reduction of the minimum daily or weekly wage fixed in this act as applied to such lesser number of hours or days so employed; provided, that during a probationary period of not to exceed three consecutive months the employer, and his or her employee or employees, may stipulate that the provisions of this section shall not apply; and provided further, that at the end of such probationary period the employer shall deliver to such employee a statement in writing certifying to such probationary service, and no employee having served such probationary period shall ever be required to serve any other probationary period, regardless of the nature or place of employment thereafter.

      Sec. 4.  (a) Every female within the provisions of this act shall be paid her wages or compensation in lawful money of the United States or by lawful check of her employer drawn only to her order at such time as may be agreed upon by her and her employer, except such payment shall not be made at longer intervals than permitted by the semimonthly pay day laws of this state.

      (b) A part of such wages or compensation may, if mutually agreed upon by the female and her employer in the contract of employment, but not otherwise, consist of food and lodging or food or lodging, but in no event shall the value of the food and lodging be appraised and computed at more than forty percent of the rate of wages or compensation to be paid or payable to said employee as agreed upon in said contract, and the value of food or lodging, when one or the other shall be the subject of part of the contract wage, shall be computed at a proportionately lesser percentage of such wages or compensation.

      Sec. 5.  Every female within the provisions of this act reporting for duty at the time and at the place designated by her employer and not then and there used in the employment for which hired by such employer or then and there not being provided with other employment by such employer for that particular day, shall be paid not less than one-half a day’s wage at the rate agreed upon in the contract of employment, and each time such female shall so report for duty to such employer and not be then and there employed under her contract of employment or in other employment shall constitute a separate transaction and she shall be paid therefor such one-half day’s wage; provided, the provisions of this section shall not apply where the employer at least eight hours prior to the time such female is required to report for duty shall have notified her that her services would not be required on that particular day.

 

 

Unlawful to pay lesser wage; proviso

 

 

 

 

 

 

 

Probationary period provided for

 

 

One period only

 

 

Periods of payment of wages

 

 

 

When food and/or lodging part of salary

 

 

 

 

 

 

Compensation to be paid to reporting employees; proviso


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

ê1937 Statutes of Nevada, Page 470 (CHAPTER 207, AB 156)ê

 

 

 

 

 

 

 

 

Certain employees exempted from provisions of act

Hours of employment limited

 

 

Employer to furnish uniforms

Provisions of act to be posted

 

“Employer” defined

 

 

 

Intimidation, etc., of employees unlawful

 

 

 

Labor commissioner to enforce provisions of act

Duties of district attorneys

employment, and each time such female shall so report for duty to such employer and not be then and there employed under her contract of employment or in other employment shall constitute a separate transaction and she shall be paid therefor such one-half day’s wage; provided, the provisions of this section shall not apply where the employer at least eight hours prior to the time such female is required to report for duty shall have notified her that her services would not be required on that particular day.

      Sec. 6.  None of the provisions of this act shall apply to the state, or any county or city or town therein, or to its or their female employees, or to any female employed in domestic service anywhere within the state.

      Sec. 7.  No employer shall employ a female for a period of more than eight hours of continuous labor unless such period is broken by a meal period of at least one-half hour, and for the purpose of this section no period of less than thirty minutes shall be deemed to interrupt a continuous period of work.

      All special uniforms required shall be furnished by the employer and laundered by the employer, without cost to the employee.

      Every employer shall post and keep conspicuously posted in or about the premises wherein any female is employed, a printed abstract of this act to be furnished by the state labor commissioner.

      Whenever used in this act “Employer” includes every person, firm, corporation, partnership, stock association, agent, manager, representative, or foreman, or other person having control or custody of any employment, place of employment or of any employee.

      Sec. 7 1/2.  It shall be unlawful for any person or persons, by force, intimidation, threat of procuring dismissal from employment, or by any other manner whatsoever, induce or attempt to induce an employee to refrain from giving testimony in any investigation or proceeding relating to or arising under this act, or to discharge or penalize any employee for so testifying.

      Sec. 8.  It shall be the duty of the labor commissioner to administer and enforce the provisions of this act, and to furnish the district attorney of any county in the state all data and information concerning violations of this act occurring in such county coming to the attention of such labor commissioner. It is hereby made the mandatory duty of every district attorney, when complaint is made to him by the labor commissioner, or by any aggrieved person, to prosecute every violation of this act occurring in his county, and should any such district attorney fail, neglect or refuse for a period of twenty days to commence the prosecution for the violation of this act after being furnished data and information concerning such violation, and to diligently prosecute the same to conclusion, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding five hundred ($500) dollars, or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment; and in addition thereto he shall be removed from office.


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

ê1937 Statutes of Nevada, Page 471 (CHAPTER 207, AB 156)ê

 

the violation of this act after being furnished data and information concerning such violation, and to diligently prosecute the same to conclusion, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not exceeding five hundred ($500) dollars, or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment; and in addition thereto he shall be removed from office.

      Sec. 9.  When complaint is made to the attorney-general by the labor commissioner or by an aggrieved person that any district attorney has been guilty of a willful violation of the preceding section, it is hereby made the duty of the attorney-general to make an investigation of said complaint, and if, after such investigation, he is of the opinion that said complaint is well founded he shall institute proceedings against such district attorney for the enforcement of the penalties provided in said preceding section.

      Sec. 10.  Every person, firm, association or corporation, or any agent, servant, employee or officer of any such firm, association or corporation, violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred ($500) dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

      Sec. 11.  If any section, sentence, clause, phrase, word or portion of this act shall be held invalid or unconstitutional, the remaining provisions thereof shall not be affected thereby, but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein.

      Sec. 12.  This act shall take effect sixty days after its passage and approval.

 

 

 

 

 

 

Attorney-general to act, when

 

 

 

 

 

 

Penalty for violation

 

 

 

 

 

Invalidity of one provision not to affect others

In effect

 

________

 

CHAPTER 208, AB 202

[Assembly Bill No. 202–Mr. Tapscott]

 

Chap. 208–An Act of the legislature of the State of Nevada consenting to the acquisition by the United States of certain described lands within the state for national forest purposes; reserving the right of taxation, and retaining civil and criminal jurisdiction over persons thereon except in certain cases; and other matters properly relating thereto.

 

[Approved March 29, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The consent of the legislature of the State of Nevada is hereby given to the acquisition by the United States by purchase, exchange, gift, or condemnation with adequate compensation,

 


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

ê1937 Statutes of Nevada, Page 472 (CHAPTER 208, AB 202)ê

 

 

Acquisition of certain lands granted to federal government

 

 

 

 

 

 

 

 

 

 

Description of lands

States by purchase, exchange, gift, or condemnation with adequate compensation, of such lands in the State of Nevada, as hereinafter bounded and described, as in the opinion of the government of the United States may be needed for purposes of reforestation, or for the establishment, consolidation, and extension of national forests within this state, under the provisions of those certain acts of Congress relating to the acquisition of forest lands and the reforestation of denuded lands known as the “Weeks Act,” approved March 1, 1911, and amendments thereto, and which said act is now sections 513 to 521, both inclusive, and sections 552 and 563, title 16, United States Code Annotated, and the “Clark-McNary Act,” approved June 7, 1924, and amendments thereto, which said act is now sections 564 to 570, both inclusive, title 16, United States Code Annotated, and the forest exchange act of March 20, 1922, which said act is now 485 and 486 of title 16 U. S. Code. The lands, the acquisition of which by the United States is herein consented to, are those certain lands situate in the State of Nevada bounded and described as follows, to wit:

      (a) All that area of land lying west of state highway No. 395 as now located, beginning at the point of intersection of said highway with the California-Nevada state line, in section 19, T. 21 N., R. 18 E., M. D. M.; thence easterly and southerly along said highway to the point of intersection of the Walleys hot springs county road and the said highway in section 31, T. 15 N., R. 20 E., M. D. M.; thence along said county road to its point of intersection with the California-Nevada state line in section 26, T. 12 N., R. 19 E., M. D. M.; thence northwesterly and north along said California-Nevada state line to the point of beginning.

      (b) All that area of land bounded and described as follows: Beginning at the point of intersection of the California-Nevada state line and the Long Valley road in section 15, T. 11 N., R. 20. E., M. D. M., northerly to the Dressler road in section 22, T. 12 N., R. 20 E., M. D. M.; thence easterly on the Dressler road to state highway No. 395; thence southeasterly to the point of intersection with the Carson river guide meridian line between range 20 east and range 21 east; north on this line to the point of intersection with the Carson river; thence easterly following the Carson river to the point of its intersection with the Eldorado canyon road; thence south and easterly on the Eldorado canyon road to its intersection with the Lyon-Ormsby county line in section 6, T. 15 N., R. 22 E.; thence southerly along said county line to its intersection with the Lyon-Douglas county line in section 8, T. 14 N., R. 22 E.; thence east along this county line to its intersection with the range line between ranges 22 and 23 east in section 12, T. 14 N., R.


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

ê1937 Statutes of Nevada, Page 473 (CHAPTER 208, AB 202)ê

 

22 east; thence south on this range line to its point of intersection with the California-Nevada state line in section 19, T. 9 N., R. 23 E.; thence northwesterly along the California-Nevada state line to point of beginning.

      Sec. 2.  The State of Nevada hereby reserves the right to tax persons and corporations and their property situate on said described lands pursuant to its tax and revenue laws; and said state hereby retains its civil and criminal jurisdiction over all persons within or who may come within any of the said lands, except as to offenses against the United States, and all such persons shall retain all their rights and privileges and perform their duties as citizens and inhabitants of the state according to its laws.

      Sec. 3.  This act shall be effective upon its passage and approval.

 

 

 

Certain rights reserved by state

 

 

 

 

 

In effect

 

________

 

CHAPTER 209, SB 42

[Senate Bill No. 42–Committee on Education, State Library and Public Morals]

 

Chap. 209–An Act to provide for the payment of retirement salaries and annuities to public school teachers of this state; providing and establishing the necessary funds and accounts, authorizing the levy of the tax therefor, and other matters relating thereto; creating the public school teachers retirement salary fund board and giving and granting certain powers unto said board; repealing all acts and parts of acts in conflict herewith, and specifically repealing sections 6003 to 6021, inclusive, Nevada Compiled Laws 1929, as amended.

 

[Approved March 29, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  (a) The terms “Act of 1915” or “1915 Act” as used in this act shall mean that certain act entitled “An act to provide for the payment of retirement salaries to public school teachers of this state, and all matters properly connected therewith,” approved March 23, 1915, together with all amendments and additions thereto (being sections 6003-6021, inclusive, of Nevada Compiled Laws 1929, as amended by chapter 22, 1933 Statutes of Nevada, page 18, and chapter 33, 1935 Statutes of Nevada, pages 38 and 39).

      (b) The term “teacher” as used in this act shall mean every person who has served or is serving: (1) As a legally qualified teacher in, or a principal or superintendent of, the public schools of the State of Nevada; (2) as an instructor in the Nevada state orphans’ home, teaching under a valid Nevada teachers’ certificate; (3) as an instructor in the Nevada school of industry, teaching under a valid Nevada teachers’ certificate; (4) as a legally qualified instructor in county normal schools of the State of Nevada; (5) as a legally qualified instructor serving as local supervisor for industrial training in the vocational education department of this state; (6) as a legally qualified supervising executive or educational administrator of the public schools of this state; (7) as a state superintendent of public instruction of the State of Nevada, a deputy superintendent of public instruction of the State of Nevada, or a state vocational supervisor of the vocational education department of the State of Nevada.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definitions of terms used in act-

 

 

 

 

 

Teacher


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

ê1937 Statutes of Nevada, Page 474 (CHAPTER 209, SB 42)ê

 

 

 

 

 

 

 

 

 

Public schools

 

 

School year

 

 

 

 

 

 

 

 

 

Teaching credit, how computed

 

 

 

 

 

 

 

Credit limited

Nevada school of industry, teaching under a valid Nevada teachers’ certificate; (4) as a legally qualified instructor in county normal schools of the State of Nevada; (5) as a legally qualified instructor serving as local supervisor for industrial training in the vocational education department of this state; (6) as a legally qualified supervising executive or educational administrator of the public schools of this state; (7) as a state superintendent of public instruction of the State of Nevada, a deputy superintendent of public instruction of the State of Nevada, or a state vocational supervisor of the vocational education department of the State of Nevada.

      (c) The term “public schools” as used in this act shall mean all kindergartens, elementary schools, junior high schools, and district and county high schools supported by state, county, or district public funds.

      (d) The terms “school year,” “years of service,” and “year of teaching service” when used in this act shall mean:

      Six months of public school maintained in any statutory school year in any school district, county high school, county normal school, the Nevada state orphans’ home, the Nevada school of industry, an industrial training school in the vocational education department of this state, or an educational district of the State of Nevada; provided, that such number of months covers the entire period that such public school is maintained in said statutory school year; and provided further, that the school year shall be the entire time in school months or part thereof that such school is maintained in any statutory school year, inclusive of the minimum period of six months;

      Any legally qualified teacher, principal, or superintendent employed in a public school for one or more months of the statutory school year, but less than the full school year, shall be considered as having taught such fraction of the school year thereof as the number of months thus taught is of the entire number of school months that such school was maintained that year; provided, that the school was maintained six or more months in such year; and provided further, that no teacher, principal, or superintendent shall be allowed more than one school year of credit for teaching service during any statutory school year; and provided further, that in no case shall leaves of absence amounting to school years or half school years be counted as service;

      If legally qualified teacher, principal, or superintendent shall, after having taught the full period that school is maintained in a given school in any statutory school year, engage in service in another school for an unexpired portion of the school year therein, the time thus taught shall not be considered as any part of an additional school year;


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

ê1937 Statutes of Nevada, Page 475 (CHAPTER 209, SB 42)ê

 

      In the case of a state superintendent of public instruction, deputy superintendent of public instruction, or state vocational supervisor of the department of vocational education of the State of Nevada, the terms “school year,” “year of service,” and “year of teaching service” shall mean twelve months; provided, that any such teacher having served for less than any full twelve months shall be considered as having served that fraction of a school year which the number of months thus served is of the entire twelve months; and provided further, that no such teacher shall be allowed more than one school year of credit for teaching service during any statutory school year or calendar year.

      (e) The terms “retirement salary” and “retirement salary benefits” as used in this act shall mean the six hundred ($600) dollar annual compensation, or portion thereof, provided for retired teachers by section 12 of the 1915 act and by sections 10, 12, and 14 of this act.

      (f) The word “retire” as used in this act shall mean actually to withdraw from active teaching service and to cease to be active in the teaching profession as a teacher; and every form of the verb “retire” used in this act shall be given its appropriate corresponding meaning under the above definition of the word “retire.”

      (g) The terms “actuarial equivalent” or “actuarial value” as used in this act shall mean the cash surrender value at any given date, as computed by the mortality and interest tables referred to in section 26 of this act.

      Sec. 2.  There are hereby established two funds and three accounts in the state treasury-said two funds to be known, respectively, as the public school teachers permanent fund and the public school teachers retirement salary fund, and said three accounts to be known, respectively, as the members savings annuity account, the members annuity reserve account, and the state annuity reserve account.

      Sec. 3.  The public school teachers permanent fund shall be made up of all moneys received from the following sources, or derived in the following manner:

      (1) All moneys contained in that certain public school teachers permanent fund established and existing under the 1915 act, which moneys shall be transferred by the state controller and the state treasurer, upon written order of the superintendent of public instruction, to the public school teachers permanent fund created by section 2 of this act (the name, title, or designation “Public School Teachers Permanent Fund” when hereinafter used in this act shall mean the public school teachers permanent fund created by section 2 of this act and nothing else, unless otherwise specifically stated);

 

 

“School year” defined for certain school officials

 

 

 

 

Retirement salary

 

 

 

Retire

 

 

 

Actuarial equivalent

 

 

Funds established in state treasury

 

 

 

Public school teachers permanent fund


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

ê1937 Statutes of Nevada, Page 476 (CHAPTER 209, SB 42)ê

 

 

 

 

 

 

 

 

 

 

 

Public school teachers retirement salary fund

 

 

 

 

 

 

 

 

 

 

Members savings annuity account

 

 

 

 

Members annuity reserve account

 

 

 

 

State annuity reserve account

      (2) All contributions made by teachers, which are creditable to this fund, as hereinafter provided;

      (3) The income and interest derived from the investment of moneys contained in the public school teachers permanent fund;

      (4) An ad valorem tax of fifteen mills on the hundred dollars of all taxable property in the state; which tax shall be annually collected at the same time and in the same manner as other state taxes are collected;

      (5) All donations, legacies, gifts, and bequests which shall be made to such fund, and all the moneys which shall be obtained or contributed for the same purpose from other sources.

      Sec. 4.  The public school teachers retirement salary fund shall be made up of such moneys as shall be transferred from time to time under authority of this act from the public school teachers permanent fund, the members annuity reserve account, and the state annuity reserve account, and shall further be made up of all moneys contained in that certain public school teachers retirement salary fund established and existing under the 1915 act, which moneys shall be transferred by the state controller and the state treasurer, upon written order of the superintendent of public instruction, to the public school teachers retirement salary fund established by section 2 of this act (the name, title, or designation “Public School Teachers Retirement Salary Fund” when hereinafter used in this act shall mean the public school teachers retirement salary fund created by section 2 of this act and nothing else, unless otherwise specifically stated).

      Sec. 5.  The members saving annuity account shall be made up of all moneys received from the following sources:

      (1) All contributions made by teachers which are not creditable to the public school teachers permanent fund as hereinafter provided;

      (2) The income and interest derived from the investment of moneys contained in said members savings annuity account.

      Sec. 6.  The members annuity reserve account shall be made up of all moneys received from the following sources:

      (1) Such moneys as shall be transferred from time to time under authority of this act from the members savings annuity account;

      (2) The income and interest derived from the investment of moneys contained in said members annuity reserve account.

      Sec. 7.  The state annuity reserve account shall be made up of such moneys as shall be transferred from time to time under authority of this act from the public school teachers permanent fund.


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

ê1937 Statutes of Nevada, Page 477 (CHAPTER 209, SB 42)ê

 

      Sec. 8.  It shall be the duty of the state controller and of the state treasurer to make, when notified by the public school teachers retirement salary fund board, or by the state superintendent of public instruction, under authority of this act, transfers of such amounts from the public school teachers permanent fund, the members annuity reserve account, and the state annuity reserve account to the public school teachers retirement salary fund as will be sufficient to meet the claim which may be legally drawn against said public school teachers retirement salary fund.

      Sec. 9.  For the purposes of this act, all contributors shall be divided into two classes, to be known as: (a) Original members and (b) new members. Original members are those who have made contributions to the public school teachers permanent fund created and existing under the 1915 act, or who are drawing retirement salaries under the provisions of the 1915 act, or who elect to accept the provisions of this act as provided for by section 32 hereof. New members are: (1) Those who cannot qualify as original members as defined above, and (2) those original members who indicate in writing to the public school teachers retirement salary fund board before October 1, 1937, their desire to relinquish their status as original members and to be classified as new members, and who indicate in writing to the public school teachers retirement salary fund board before October 1, 1937, their forfeiture of all past contributions to the public school teachers permanent fund created and existing under the 1915 act.

      Sec. 10.  Every teacher classified as an original member and subject to the burdens of this act shall have the choice of one of the following two plans hereafter designated as plan No. 1 and plan No. 2 for payments and benefits:

      Plan No. 1.  Each such original member shall be credited with the total amount of all payments he or she has made to the public school teachers permanent fund which existed before the effective date of this act. Commencing July 1, 1937, twelve ($12) dollars shall be deducted each fiscal year from the salary of the original member until all such deductions, together with the credits allowed above by this plan, shall total three hundred sixty ($360) dollars. (In the event an original member shall retire under the provisions of this act before the said three hundred sixty ($360) dollars shall have been paid as required in this plan, the sum of twenty ($20) dollars per month shall be withheld from such teacher’s retirement salary until the amount so withheld shall equal the difference between said sum of three hundred sixty ($360) dollars and the amount theretofore paid by such original member into the public school teachers permanent fund created and existing under the 1915 act, or into the public school teachers permanent fund created by this act, or into both, or said original member may elect to pay, at the time of making application for a retirement salary, into the public school teachers permanent fund created by this act the difference between the sum of three hundred sixty ($360) dollars and the total sum actually contributed to the public school teachers permanent fund as established either by this act or the act of 1915 hereinabove referred to.)

Duties of controller and treasurer

 

 

 

 

 

Two classes of contributors

 

 

 

 

 

 

 

 

 

 

 

Teachers to have choice of two plans for payment and benefits


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ê1937 Statutes of Nevada, Page 478 (CHAPTER 209, SB 42)ê

 

Plan No. 1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plan No. 2

public school teachers permanent fund created by this act, or into both, or said original member may elect to pay, at the time of making application for a retirement salary, into the public school teachers permanent fund created by this act the difference between the sum of three hundred sixty ($360) dollars and the total sum actually contributed to the public school teachers permanent fund as established either by this act or the act of 1915 hereinabove referred to.) In addition to the foregoing deductions, there shall be deducted from the salary of the original member twenty-four ($24) dollars for each year of service after July 1, 1937. Every official whose duty it is to pay said teachers’ salaries shall make said deductions at such times of payment as shall be directed by the public school teachers retirement salary fund board. Upon retirement under the provisions of this act, an original member choosing plan No. 1 and fulfilling all the requirements of this act shall receive a retirement salary of six hundred ($600) dollars annually for life except as provided for in section 14 of this act. All credits and deductions provided for in this plan shall be paid into the public school teachers permanent fund.

      Plan No. 2.  Each such original member shall have credited to his individual account in the public school teachers permanent fund the total amount of all payments he or she has made to the public school teachers permanent fund which existed before the effective date of this act. Commencing July 1, 1937, there shall be deducted each fiscal year five (5%) percent of the salary of the original member. From the amounts thus deducted twelve ($12) dollars shall be credited each fiscal year to the original member’s individual account in the public school teachers permanent fund until all such deductions, together with the credits allowed above by this plan, shall total three hundred sixty ($360) dollars. (In the event an original member shall retire under the provisions of this act before the said three hundred sixty ($360) dollars shall have been paid as required in this plan, the sum of twenty ($20) dollars per month shall be withheld from such teacher’s retirement salary until the amount so withheld shall equal the difference between said sum of three hundred sixty ($360) dollars and the amount theretofore paid by such original member into the public school teachers permanent fund created and existing under the 1915 act, or into the public school teachers permanent fund created by this act, or into both, or said original member may elect to pay, at the time of making application for a retirement salary, into the public school teachers permanent fund created by this act the difference between the sum of three hundred sixty ($360) dollars and the total sum actually contributed to the public school teachers permanent fund as established either by this act or by the act of 1915 hereinabove referred to.)


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ê1937 Statutes of Nevada, Page 479 (CHAPTER 209, SB 42)ê

 

actually contributed to the public school teachers permanent fund as established either by this act or by the act of 1915 hereinabove referred to.) In addition to the above-mentioned twelve ($12) dollars annual credits to the public school teachers permanent fund, there shall be taken for each year of service after July 1, 1937, from said five (5%) percent annual deductions, twenty-four ($24) dollars, which shall be paid into the public school teachers permanent fund. After the annual payments to the public school teachers permanent fund above provided for have been made from such five (5%) percent salary deductions, the balance of each such five (5%) percent deduction shall be paid into the members savings annuity account and credited to the account of the original member. Every official whose duty it is to pay said teachers’ salaries shall make said deductions at such times of payment as shall be directed by the public school teachers retirement salary fund board. Upon retirement under the provisions of this act, an original member choosing plan No. 2 and fulfilling all the requirements of this act shall receive a retirement salary of six hundred ($600) dollars annually for life, except as provided for in section 14 of this act, and a member’s annuity, as provided for in section 15, matched by a state annuity provided for in section 17 hereof.

      Sec. 11.  There shall be deducted each fiscal year, commencing July 1, 1937, from the salary of every teacher classified as a new member, five (5%) percent of his or her salary for such year, and every official whose duty it is to pay said teachers’ salaries shall make said deductions at such times of payment as shall be directed by the public school teachers retirement salary fund board; the amounts thus deducted shall be deposited in the state treasury to the credit of the members annuity savings account, and shall be credited to the separate account of each individual teacher from whose salary such deductions were made.

      Sec. 12.  Every teacher who in and after the fiscal year in which age 60 is attained has complied with all other requirements of this act and has served as a teacher, under a legal certificate, for at least 30 school years, fifteen or more of which shall have been in the State of Nevada in case of original members, and twenty-five or more of which shall have been in the State of Nevada in the case of new members, shall be entitled to retire and receive a retirement salary or the annuities provided for in this act; provided, however, that the last ten years of service immediately preceding retirement for both new members and original members shall have been in the State of Nevada. An original member upon retirement and upon fulfillment of all the requirements of this act shall be entitled to receive during life a retirement salary under plan No.

School teachers permanent fund, how constituted

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New members to pay 5 percent of salary

 

 

 

 

 

Retirement requirements


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ê1937 Statutes of Nevada, Page 480 (CHAPTER 209, SB 42)ê

 

Retirement requirements

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Present pensioners not affected; proviso

 

 

 

 

 

 

 

 

 

 

Powers of board as regards retirement for disability

requirements of this act shall be entitled to receive during life a retirement salary under plan No. 1 of section 10 hereof, or a retirement salary and a member’s annuity matched by a state annuity as provided under plan No. 2 of section 10 hereof. A new member upon retirement and upon fulfillment of all the requirements of this act shall be entitled to receive during life a member’s annuity as provided in section 15 and a state annuity as provided in section 17 hereof. In the case of any teacher coming within the provisions of section 14 of this act, the minimum age requirement of sixty (60) years for retirement under the provisions of this act shall not apply. The foregoing minimum retirement age of sixty (60) shall not be a requirement for retirement in the case of original members who have completed, on or before the effective date of this act, at least twenty school years of the total 30 years of teaching service required under section 12 hereof; and said teachers, upon making written request to the public school teachers retirement salary fund board, and after fulfillment of all other requirements as stated in this act, may be retired and receive the retirement benefits provided by this act. Nothing in this section shall prevent a teacher from receiving retirement salary after the age of sixty (60) who has withdrawn from active service after thirty (30) years of teaching service, but before reaching the age of sixty (60), and who has met all other necessary requirements of this act for obtaining retirements benefits.

      Sec. 13.  All teachers who are receiving at the time this act becomes effective retirement salary benefits pursuant to the 1915 act, shall continue to receive the same retirement salary benefits prescribed by said act, said benefits to be paid from the public school teachers retirement salary fund established by this act; provided, however, that all teachers who are receiving on the date this act becomes effective retirement salary benefits because of physical or mental infirmity or disability shall continue so long as such infirmity or disability continues, or so long as they do not resume teaching, to receive the retirement salary benefits, in the same amount which they are now receiving and payable from the public school teachers retirement salary fund, without complying with any of the provisions of this act and without the forfeiture of the right to receive their said retirement salary, notwithstanding the repeal of the act of 1915.

      Sec. 14.  The public school teachers retirement salary fund board is hereby given power to allow the retirement from teaching of any teacher who has reached the age of or is over the age of fifty-five (55) years and who has had 30 years or more of teaching service, when, by reason of physical or mental infirmity or disability, such teacher is physically or mentally incapacitated for further teaching service.


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ê1937 Statutes of Nevada, Page 481 (CHAPTER 209, SB 42)ê

 

physical or mental infirmity or disability, such teacher is physically or mentally incapacitated for further teaching service. The public school teachers retirement salary fund board is hereby given sole power to determine the capacity or incapacity for further teaching service of the teacher in each individual case.

      (1) When the teacher so retired because of incapacity for teaching service is an original member who has adopted plan No. 1 of section 10 of this act, he or she shall receive an annuity or annual retirement salary having the same actuarial value at the date of retirement of the incapacitated teacher as the actuarial value of the retirement salary of an original member who adopts said plan No. 1 and retires at the age of sixty (60).

      (2) When the teacher so retired because of incapacity for teaching service is an original member who has adopted plan No. 2 of said section 10, he or she shall receive the same annuity or annual retirement salary as that provided for the original member who adopts plan No. 1 in the subparagraph last above, and such teacher shall further receive his or her member’s annuity and state annuity as provided in sections 15 and 17, respectively.

      (3) When the teacher so retired because of incapacity for teaching service is a new member, such teacher shall receive his or her member’s annuity and state annuity as provided in sections 15 and 17, respectively.

      Sec. 15.  Upon retirement of any teacher accepting the provisions of this act and after full compliance with the provisions of this act, the accumulations in the members savings annuity account of the five (5%) percent salary deductions in the case of a new member, or the balances thereof in the case of an original member adopting plan No. 2 of section 10, together with the interest additions (hereinafter referred to as the total accumulations), shall be transferred to the members annuity reserve account. Such total accumulations shall be applied to provide an annuity (hereinafter referred to as members annuity) to be payable during the remainder of the lifetime of the retired member. The amount of such member’s annuity shall be determined on the basis of the table of mortality and the rate of interest adopted for such purpose by the public school teachers retirement salary fund board.

      Sec. 16.  Upon retirement after full compliance with the provisions of this act, in lieu of the member’s annuity provided for in section 15, the member (original or new) may elect to receive the actuarial equivalent, at that time, of the member’s annuity; at any time after retirement after full compliance with the provisions of this act, in lieu of the member’s annuity provided for in section 15, the member (original or new) may elect to receive the actuarial equivalent of the balance of the member’s annuity.

Powers of board as regards retirement for disability

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain accumulation to be transferred

 

 

 

 

 

 

 

 

Retiring party to have preference of settlement


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ê1937 Statutes of Nevada, Page 482 (CHAPTER 209, SB 42)ê

 

 

 

 

 

 

 

Additional annuity compensation

 

 

 

 

 

 

 

 

Beneficiary of deceased member to receive benefits

member’s annuity provided for in section 15, the member (original or new) may elect to receive the actuarial equivalent of the balance of the member’s annuity. No further moneys whatever shall be payable to a member (original or new) out of the state annuity reserve account after such member elects to receive the actuarial equivalent of his or her member’s annuity under either of the above provisions of this section.

      Sec. 17.  Upon retirement, after full compliance with the provisions of this act, of a new member or an original member adopting plan No. 2 of section 10, in addition to the member’s annuity provided for in section 15 there shall be provided for the retired member an annuity (hereinafter referred to as “state annuity”) to be paid out of the state annuity reserve account. Each such state annuity shall be equal to the member’s annuity; provided, however, that the state annuity paid in any year shall never exceed twenty-five (25%) percent of the average yearly salary of the member over the ten years of service during which the member’s salary aggregates the greatest total.

      Sec. 18.  In the event that an original member who adopts plan No. 1 of section 10 hereof dies before the date when his or her retirement salary would have become effective, there shall be paid to the living beneficiary previously designated in writing by the member, which designation shall be filed with and approved by the public school teachers retirement salary fund board-or, in the event that no named beneficiary is surviving at the date of the death of the member, then to the estate of the member-an amount equivalent to the additional contributions (as provided in section 10) paid to the public school teachers permanent fund at the rate of twenty-four ($24) dollars for each year of service after July 1, 1937. In the event of the death of a new member, or an original member adopting plan No. 2 of section 10 hereof before the date when his or her annuity or retirement salary, or both, has become effective, there shall be paid to a living beneficiary previously designated in writing by the member, which designation shall be filed with and approved by the public school teachers retirement salary fund board-or, in the event that no named beneficiary is surviving at the date of the death of the member, then to the estate of the member-an amount equivalent to the total accumulations of the member in the members savings annuity account, together with, in the case of an original member adopting plan No. 2 of section 10, an amount equivalent to the additional contributions (as provided in section 10) paid at the rate of twenty-four ($24) dollars for each year of service after July 1, 1937, to the public school teachers permanent fund.


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ê1937 Statutes of Nevada, Page 483 (CHAPTER 209, SB 42)ê

 

      Sec. 19.  (1) In the event of the withdrawal prior to the completion of thirty (30) years of service of an original member adopting plan No. 1 of section 10, such member shall be entitled to receive upon demand:

      (a) The refund of all regular contributions paid to the public school teachers permanent fund in excess of a sum equal to five (5) years’ payments at the rate of twelve ($12) dollars for each year of service; and

      (b) The refund of an amount equivalent to the additional contributions paid to the public school teachers permanent fund at the rate of twenty-four ($24) dollars for each year of service after July 1, 1937.

      (2) In the event of the withdrawal prior to the completion of thirty (30) years of service of a new member or original member adopting plan No. 2 of section 10, the total accumulations of the member in the members savings annuity account may remain in such account to be increased thereafter by interest additions, all such accumulations to be applied at a later date to be fixed by the member towards providing a member’s annuity in accordance with the provisions of section 15 hereof, but without any claim whatever for benefits payable out of the state annuity reserve account. Such member shall be entitled to withdraw, upon demand, an amount equivalent to the total accumulations of the member in the members savings annuity account, together with, in the case of an original member adopting plan No. 2 of section 10 hereof:

      (a) The refund of all regular contributions paid to the public school teachers permanent fund in excess of a sum equal to five (5) years’ payments at the rate of twelve ($12) dollars for each year of service; and

      (b) The refund of an amount equivalent to the additional contributions paid to the public school teachers permanent fund at the rate of twenty-four ($24) dollars for each year of service after July 1, 1937.

      Sec. 20.  The earnings on invested funds (hereinafter referred to as the interest additions) shall be credited each fiscal year to the respective funds and accounts hereinbefore named at rates to be determined periodically by the public school teachers retirement salary fund board. The board shall not be required to invest separately the balances in each fund or account, but may pool the investments and allocate the earnings on such investments.

      Sec. 21.  The state board of education shall constitute the public school teachers retirement salary fund board. The president and secretary of the state board of education shall be the president and secretary, respectively, of said public school teachers retirement salary fund board.

      Sec. 22.  The public school teachers retirement salary fund board, subject to the provisions of this act, shall have the power, and it shall be its duty:

Benefits in case of withdrawal prior to completion of thirty years’ service

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Invested earnings to be credited to respective funds

 

 

 

Personnel of board


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ê1937 Statutes of Nevada, Page 484 (CHAPTER 209, SB 42)ê

 

Powers of board

board, subject to the provisions of this act, shall have the power, and it shall be its duty:

      (1) To approve and allow retirement salaries, members annuities and state annuities of public school teachers entitled to the same under the provisions of this act;

      (2) Through its president or other officer designated by it for that purpose, to audit all claims and demands for money expended or authorized to be expended by it, and certify all claims and demands against the public school teachers permanent fund, the public school teachers retirement salary fund, the members savings annuity account, the members annuity reserve account, and the state annuity reserve account, including all retirement salary, members’ annuity, state annuity, death benefit or withdrawal benefit demands, to the state controller, who shall draw his warrant therefor upon the state treasurer, and the state treasurer shall pay the same out of the designated fund or funds; provided, that no demand shall be allowed except after resolution duly passed at a meeting of the board by a majority of its members, which adoptions shall be attested by the secretary;

      (3) To require the boards of education, school trustees, and other public authorities, and all officers having duties to perform in respect to the contributions by teachers to said public school teachers permanent fund and the members savings annuity account to report to the public school teachers retirement salary fund board from time to time as to such matters pertaining to the payment of such contributions as it may deem advisable;

      (4) To invest the moneys in the several funds and accounts established by section 2 of this act in securities and collect the income therefrom and interest and dividends thereon; to deposit such securities with the state treasurer and to make sale of such securities when, in its judgment, such sale will be advisable; provided, that none of the moneys in the several funds and accounts established by section 2 of this act shall be invested in any securities except such securities as those in which the funds of savings banks may legally be invested. The state controller is authorized to draw his warrant upon, and the state treasurer to pay the same from, the several funds and accounts established by section 2 of this act in payment of duly audited claims arising out of the investment of the moneys in said fund;

      (5) To prescribe the duties of the secretary and other officers of the board;

      (6) To conduct investigations into all matters relating to the operation of this act, and to subpena witnesses and compel their attendance to testify before it in respect to such matters;


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ê1937 Statutes of Nevada, Page 485 (CHAPTER 209, SB 42)ê

 

      (7) To have done at the state printing office any printing required in the performance of its duties, at cost;

      (8) To employ such clerical help, including an actuary or actuaries, stenographer, or clerk, as may be deemed necessary by said board; and to expend out of the public school teachers retirement salary fund, after the proper and necessary transfers have been made to meet such expenditures from the public school teachers permanent fund, such sums as have been duly authorized and approved by the board; (a) for the purchase of necessary supplies, (b) for wages and other compensation for personal services rendered by those in the employ of the board, and (c) for other necessary administrative expenses; the salaries and expenses enumerated herein being hereby specifically made a charge upon the public school teachers retirement salary fund; and the state controller being hereby authorized and directed to draw his warrant, and the state treasurer to pay the same, in an amount to be ordered by the public school teachers retirement salary fund board;

      (9) To instruct every official whose duty it is to pay the salary of any teacher who has accepted the provisions of this act to make such deductions as are provided for herein, and the amount of such deductions and the time of making the deductions shall each be fixed by the said public school teachers retirement salary fund board;

      (10) To adopt such mortality and interest tables as may be necessary for the proper execution of this act and to revise such tables at any time deemed proper and necessary by said board or a majority thereof.

      Sec. 23.  Said public school teachers retirement salary fund board shall meet at least once every three months and at each quarterly meeting shall make a list or lists of all persons entitled to payment out of the funds or accounts established by this act, and enter said list or lists in a book to be kept by the board for that purpose. Such list or lists shall be certified as correct by the president and secretary of the board, and shall always be open to public inspection. In the performance of the duties of the board each member and the secretary thereof may administer oaths and affirmations to witnesses and others transacting business with the board.

      Sec. 24.  Said public school teachers retirement salary fund board shall make rules and regulations not inconsistent with the provisions of this act. Such rules and regulations shall, among other things:

      (1) Provide for the conduct and regulation of the meetings of the board and operation of the business thereof;

      (2) Provide for the enforcement and carrying into effect of the provisions of this act;

Powers of board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Meetings of board

 

 

 

 

 

 

 

 

Board to make rules and regulations


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

ê1937 Statutes of Nevada, Page 486 (CHAPTER 209, SB 42)ê

 

 

 

 

 

 

 

 

 

 

 

 

Additional powers of board

 

 

 

 

Duties of actuary of board

      (3) Establish a system of accounts showing the condition of the public school teachers permanent fund, the public school teachers retirement salary fund, the members savings annuity account, the members annuity reserve account, and the state annuity reserve account, and receipts and disbursements for and on account of said funds and accounts;

      (4) Prescribe the form of warrants, vouchers, receipts, reports, and accounts to be used in respect to said funds and accounts;

      (5) Regulate the duties of boards of education, school trustees, and other school authorities, imposed upon them by this act, in respect to the contributions by teachers to the public school teachers permanent fund and the members savings annuity account, and the deduction of such contributions from the teachers’ salaries.

      Sec. 25.  In addition to the powers hereinabove enumerated said board shall make and enforce all necessary and proper rules and regulations for the method or methods of applying for and obtaining retirement salaries, annuities, and other benefits provided for in this act, and for the method or methods of determining the right of each applicant to such retirement salary, annuity or other benefit; provided, however, that in all cases legal proof of all necessary facts shall be required and kept on file.

      Sec. 26.  The actuary of the public school teachers retirement salary fund board shall:

      (1) On or before June 30 of each year after the effective date of this act make a valuation to determine the actuarial reserves required in the several funds and accounts;

      (2) At the close of each quadrennial period after the effective date of this act make an actuarial and statistical investigation into the mortality and service experience of the retirement system. The findings of such investigations shall be the basis of recommendations to the board for the adoption of such mortality and other tables as shall be deemed necessary to be used as the basis for the calculations to be made from time to time under the provisions of the retirement system, together with the rate at which interest additions shall be credited;

      (3) At the time this act becomes effective, or as soon thereafter as practicable, recommend to the board the adoption of the mortality and other necessary tables to be used in carrying out the provisions of the retirement salary fund system. All tables herein referred to shall be subject to change from time to time as may be deemed necessary from the annual valuations and quadrennial investigations.

      Sec. 27.  The results of the actuarial and statistical valuations and investigations referred to in section 26 hereof shall be used by the board as a basis for determining the amounts of appropriations to be asked for by the board from the state, from time to time, in order to meet: (1) Administrative expenses, (2) the state’s share of the cost of the retirement salaries to be provided under this act, and (3) the state annuities to be provided under this act; provided, however, in accordance with subdivision 4 in section 3 of this act, that from and after the passage of this act an ad valorem tax of fifteen (15) mills on the hundred dollars of all taxable property shall be annually collected at the same time and in the same manner as other state taxes are collected and shall continue to be annually collected until such time as the legislature shall change the amount to be so collected.


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

ê1937 Statutes of Nevada, Page 487 (CHAPTER 209, SB 42)ê

 

amounts of appropriations to be asked for by the board from the state, from time to time, in order to meet: (1) Administrative expenses, (2) the state’s share of the cost of the retirement salaries to be provided under this act, and (3) the state annuities to be provided under this act; provided, however, in accordance with subdivision 4 in section 3 of this act, that from and after the passage of this act an ad valorem tax of fifteen (15) mills on the hundred dollars of all taxable property shall be annually collected at the same time and in the same manner as other state taxes are collected and shall continue to be annually collected until such time as the legislature shall change the amount to be so collected. It shall be the duty of said board to recommend to the legislature any change in such amount it deems necessary and advisable. The results of the actuarial and statistical valuations and investigations shall also be used by the board as a basis for the recommendations of the board as to modifications and amendments of the retirement system which may be deemed necessary to best serve the interests of the state and the members.

      Sec. 28.  This act shall be binding upon all such teachers employed in the public schools of this state at the time of the effective date of this act, who shall, on or before October 1, 1937, sign and deliver to the superintendent of public instruction and the deputy superintendent of public instruction of the supervision district in which said teachers are in service a notification that said teachers agree to be bound by and to avail themselves of the benefits of this act. The public school teachers retirement salary fund board is hereby authorized and empowered to extend the time limit within which such notification may be made to a date not later than October 1, 1938.

      Sec. 29.  This act shall be binding upon all teachers elected or appointed to teach in the public schools of this state after the effective date of this act, who, not being in the service of the public schools at the time of the approval of said act, were not competent to sign or deliver the notification specified hereinabove in section 28.

      Sec. 30.  If any teacher retired under the provisions of this act after July 1, 1937, and receiving any benefit other than a member’s annuity, shall thereafter be employed as a teacher in any school or college in this state or in the University of Nevada, or shall thereafter be employed in any school, college, or university in any other state, such teacher’s retirement salary or annuity or other benefit payments shall cease for the period of such employment.

      Sec. 31.  No one shall be permitted to draw from the state, directly or indirectly, more than one retirement salary, except as to the annuities provided for herein. Nothing in this act shall be so construed, however, as to prevent local communities or bodies of teachers from supplementing the retirement salary received from the state.

Report of actuary to be basis of future appropriations to be requested

 

 

 

 

 

 

 

 

 

 

Act binding on all teachers agreeing to its provisions

 

 

 

 

 

New teachers to be bound by act

 

 

 

Benefits to cease, when

 

 

 

 

Not more than one retirement salary to be drawn from state


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

ê1937 Statutes of Nevada, Page 488 (CHAPTER 209, SB 42)ê

 

 

 

Rights of prior act granted to teachers

 

 

 

 

 

 

 

 

Unconstitutionality

 

 

 

Certain act repealed

 

 

 

 

 

 

Repeal

In effect

this act shall be so construed, however, as to prevent local communities or bodies of teachers from supplementing the retirement salary received from the state.

      Sec. 32.  Any teacher who, under the provisions of the 1915 act, which is specifically repealed by section 34 of the present act, was entitled to accept or reject the burdens and benefits of said repealed act and elected to reject the same shall, upon application to the public school teachers retirement salary fund board, be entitled to accept and come within the provisions of the present act under the classification of “original member”; provided, that such application be made on or before October 1, 1937. The public school teachers retirement salary fund board is hereby authorized and empowered to extend the time limit within which such application may be made to a date not later than October 1, 1938.

      Sec. 33.  If any section, subdivision, sentence, phrase, or clause of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the act. The legislature hereby declares that it would have passed the remaining portions of this act irrespective of the fact that any such section, subsection, clause, sentence, or phrase of this act be declared unconstitutional.

      Sec. 34.  Each and every provision of that certain act entitled “An act to provide for the payment of retirement salaries to public school teachers of this state, and all matters properly connected therewith,” approved March 23, 1915, together with all amendments and additions thereto (being sections 6003-6021, inclusive, of Nevada Compiled Laws 1929, as amended by chapter 22, 1933 Statutes of Nevada, page 18, and chapter 33, 1935 Statutes of Nevada, pages 38 and 39) is hereby repealed.

      Sec. 35.  All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

      Sec. 36.  This act shall be in full force and effect from and after July 1, 1937.

 

________

 

 


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

ê1937 Statutes of Nevada, Page 489ê

CHAPTER 210, AB 282

[Assembly Bill No. 282–Messrs. Haviland and Goodwin]

 

Chap. 210–An Act directing the state treasurer and the boards of county commissioners of the several counties of the state to cancel certain claims for liability against the county treasurers of the various counties of the State of Nevada, directing the attorney-general of the State of Nevada, and the district attorneys of the respective counties of the State of Nevada, to perform certain acts in relation thereto and other matters properly connected therewith.

 

[Approved March 29, 1937]

 

      Whereas, The county treasurers of certain counties of the State of Nevada did execute in the manner provided by law, official bonds which were duly and regularly approved, and did also execute depositary bonds in the manner provided by law, all of which were duly and regularly approved; and

      Whereas, Certain of the said county treasurers of certain counties of the State of Nevada did in the regular course of business and in the discharge of their official duties deposit in various banks within the State of Nevada various sums of money from time to time, by and with the approval of their bondsmen, sureties and county commissioners; and

      Whereas, Moneys so deposited by the said county treasurers in certain banks of the State of Nevada were insured by corporate or other surety bonds, which surety bonds may not respond in full for any losses incurred as a result of said deposits in the said banks; and

      Whereas, Certain banks in the State of Nevada, in which said county treasurers deposited the said moneys, closed their doors on or about November 1, 1932, and thereafter, on or about December 9, 1932, the said banks were taken over either by the state bank examiner or by the comptroller of the currency of the United States and declared insolvent, and as a result thereof, said moneys so deposited became impounded; and

      Whereas, Losses have been or will be incurred as a result of the said failure of said banks and the inability of said surety bonds to respond in damages therefor; and

      Whereas, The attorney-general of the State of Nevada and the district attorneys of certain counties of the state have instituted suit against the bondsmen of the said county treasurers as well as against the county treasurers and will, in the performance of the duties of their respective offices, be required to institute other suits against the remainder, if any, of the said several county treasurers and their bondsmen for the restitution of the respective losses arising out of said bank failures and insolvency of their sureties; and

 

 

 

 

 

 

 

 

 

 

 

Liability of county treasurers canceled


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

ê1937 Statutes of Nevada, Page 490 (CHAPTER 210, AB 282)ê

 

Liability of county treasurers canceled

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County treasurers not liable for funds in closed banks

 

 

 

 

 

 

 

 

 

Suits to be dismissed

 

 

 

 

Sureties not relieved

      Whereas, There was no criminality, neglect of duty, or other impropriety, defalcation, or violation of law on the part of the said several county treasurers in so depositing state, county and other moneys in said banks; and

      Whereas, The prosecution of said suits against the said several county treasurers, who have so deposited money in said banks and have obtained surety bonds and had the same duly approved, would result in inequities against the said several county treasurers; and

      Whereas, By an act of the legislature of the State of Nevada, duly approved on March 28, 1935, it has established a policy of relieving state officers from liability, criminality, negligence of duty and other improper motive because of deposits similarly made by them, which said act relieved certain state officials from all liability resulting from losses deposited by such state officials in one or more of said closed banks; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The county treasurers of the several counties of the State of Nevada who in the performance of their duties as county treasurers had deposits of money in any bank in the State of Nevada which closed its doors or failed in the year 1932, belonging to the State of Nevada, or some department thereof, or belonging to any of the several counties or municipalities, in the several counties of the state, are hereby declared to be free from criminality, neglect of duty, or other impropriety insofar as concerns the said deposits of moneys by them in their official capacity in any such bank in the State of Nevada which failed in the year 1932.

      Sec. 2.  That the attorney-general of the State of Nevada and the several district attorneys of the respective counties of the state in which moneys were deposited by county treasurers as stated in the preamble or in section 1 hereof are directed, upon the passage and approval of this act, to dismiss any and all suits that may have been instituted as against the said several county treasurers, or either or any of them, and the said officers are further directed not to institute any other or future suit or suits against said county treasurers, or either of them, for any loss resulting from the said deposits mentioned in the preamble and in section 1 hereof.

      Sec. 3.  The relief and settlement of claims against the several county treasurers is not intended to relieve any surety bond or other bond which acted as surety, either directly or indirectly, for the deposit of said moneys by the said respective county treasurers, and any right now existing on the part of the obligee to proceed against said bond or surety and to recover thereon or therefrom is hereby reserved.


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

ê1937 Statutes of Nevada, Page 491 (CHAPTER 210, AB 282)ê

 

or surety and to recover thereon or therefrom is hereby reserved.

      Sec. 4.  All sums of money received by said county treasurers as dividends on the said deposits from said closed banks shall be received and accounted for as other moneys received by the said county treasurers.

      Sec. 5.  This act shall become effective from and after its passage and approval.

 

Disposition of dividends

 

In effect

 

________

 

CHAPTER 211, SB 84

[Senate Bill No. 84–Senator Ryan]

 

Chap. 211–An Act to amend the title of and to amend sections 2, 3, 5, and 6 of an act entitled “An act to provide for a state board of registered professional engineers,” approved March 29, 1919, and to add sections 7, 8, 9, 10, 11, 12 and 13; said sections being added providing for the granting of certificates to applicants desiring to practice professional engineering, requiring members of the profession to obtain seals, providing for the suspension or revocation of certificates; the board of registered professional engineers to hold hearings requiring all persons who practice professional engineering to obtain certificates, and providing penalties for the violation of the act, and other matters relating thereto.

 

[Approved March 30, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  The title of the above-entitled act, approved March 29, 1919, is hereby amended to read as follows: An act to provide for a state board of registered professional engineers; creating their duties and granting their powers; requiring all persons who practice professional engineering to obtain certificates and seals; empowering the board of registered professional engineers to hold hearings and providing for forfeiture, revocation or suspension of certificates; providing penalties for the violation of this act; repealing all acts in conflict herewith, and other matters relating hereto.

      Sec. 2.  Section 2 of the above-entitled act, being section 2871 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  The term “Professional Engineer” as used in this act shall mean a person who by reason of his knowledge of mathematics, the physical sciences, and the principles of engineering acquired by professional education and practical experience is qualified to engage in engineering practice as hereinafter defined.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of act amended

 

 

 

 

 

 

 

 

 

Professional engineering defined


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

ê1937 Statutes of Nevada, Page 492 (CHAPTER 211, SB 84)ê

 

Practice of professional engineering defined

 

 

 

 

 

 

 

 

 

 

 

 

Office in Reno

 

Powers and duties of board

      The practice of professional engineering within the meaning and intent of this act includes any professional service such as consultation, investigation, evaluation, planning and design, or responsible supervision of construction or operation in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects wherein the public welfare or the safeguarding of life, health or property is concerned or involved, when such professional services require the application of engineering principles and data; that the provisions of this act shall not apply to nonresident mining engineers employed for the purpose of making mine examinations.

      The term “board” as used in this act shall mean the state board of registered professional engineers.

      Sec. 3.  Section 3 of the above-entitled act, being section 2872 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  The state board of registered professional engineers shall have its principal office in the city of Reno, and it shall have, among others, the following powers and duties:

      1.  The board shall have the power to make all bylaws and rules not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties, and the regulation of the proceedings before it. The board shall adopt and have an official seal.

      2.  In carrying into effect the provisions of this act, the board may under the hand of its chairman and the seal of the board subpena witnesses and compel their attendance, and also may require the production of books, papers, and documents in a case involving the revocation of registration or practicing or offering to practice without registration. Any member of the board may administer oaths and affirmations to witnesses appearing before the board. If any person shall refuse to obey any subpena so issued, or shall refuse to testify or produce any books, papers or documents, the board may present its petition to the district court of the judicial district wherein such person resides, setting forth the facts, and thereupon such district court shall in a proper case issue its subpena to such person requiring his attendance before such district court, and there to testify or to produce such books, papers, or documents as may be deemed necessary and pertinent by the board. Any person failing or refusing to obey the subpena of said district court may be proceeded against in the same manner as for refusal to obey any other subpena or order of said district court.

      3.  To hold written examinations of applicants for certificates at least twice each year at such places as circumstances and applications may warrant.


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

ê1937 Statutes of Nevada, Page 493 (CHAPTER 211, SB 84)ê

 

      4.  To charge and collect from all applicants such fee, not exceeding fifteen dollars ($15), as may be necessary to meet the expenses of examinations, issuance of certificates and conducting its office; provided, that such expenses, including traveling and hotel expenses of its members while attending the sessions of the board, or conducting examinations, must be paid from the current receipts, and no portion thereof shall be paid from the state treasury.

      5.  To require the annual renewal of all certificates, and to collect therefor an annual fee of not to exceed $2.50.

      6.  To report annually to the secretary of state on or before January 1 of each year all such certificates issued or renewed, together with a detailed statement of the receipts and disbursements; provided, that any balance remaining in excess of the expenses incurred by be retained by the board and used in defraying the future expenses thereof. A roster showing the names and places of business of all registered professional engineers shall be prepared by the secretary of the board during the month of December of each year. Copies of this roster shall be mailed to each person so registered, placed on file with the secretary of state, and furnished to the public on request.

      Sec. 4.  Section 5 of the above-entitled act, being section 2874 N. C. L. 1929, shall be amended to read as follows:

      Section 5.  Any citizen of the United States, or any person who has duly declared his intention of becoming such citizen, being over the age of 21 years, may apply to the state board of registered professional engineers for examination under its rules. The examination shall be in English, and its scope shall be such as is prescribed by the board; provided, however, no applicant shall be entitled to take an examination unless:

      1.  He is a graduate from an approved course in engineering of four years or more in a school or college approved by the board as of satisfactory standing, and has a specific record of an additional four years or more of active practice in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work; or

      2.  In lieu of the requirements contained in subsection 1 of this section, he has a specific record of eight (8) years or more of active practice in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work. No person shall be legible for registration as a professional engineer who is not of good character and reputation. In considering the qualifications of applicants, responsible charge of engineering teaching may be construed as responsible charge of engineering work. The satisfactory completion of each year of approved courses in engineering in a school or college approved by the board as of satisfactory standing, without graduation, shall be considered as equivalent to a year of active practice.

Powers and duties of board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Examination of applicants for certificate

 

Requirements of applicant


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

ê1937 Statutes of Nevada, Page 494 (CHAPTER 211, SB 84)ê

 

Requirements of applicant

 

 

 

 

 

 

 

 

 

 

 

 

Violations of act, penalty

 

 

 

 

 

 

 

 

 

 

 

Board may issue certificate; what to contain

completion of each year of approved courses in engineering in a school or college approved by the board as of satisfactory standing, without graduation, shall be considered as equivalent to a year of active practice. Graduation in a course other than engineering from a college or university of recognized standing shall be considered as equivalent to two years of active practice; provided, however, that no applicant shall receive credit for more than four (4) years of active practice because of educational qualifications. The mere execution as a contractor of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be active practice in engineering work. Any person having the necessary qualifications prescribed in this act to entitle him to registration shall be eligible for such registration, though he may not be practicing his profession at the time of making his application.

      Sec. 5.  Section 6 of the above-entitled act, being section 2875 N. C. L. 1929, is hereby amended to read as follows:

      Section 6.  Any person who shall practice or offer to practice the profession of engineering in this state without being registered, or exempt in accordance with the provisions of this act, or any person presenting or attempting to use as his own the certificate of registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the board, or any member thereof in obtaining a certificate of registration or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or revoked certificate of registration, or any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor, and shall upon conviction be sentenced to pay a fine of not less than $100, nor more than $500, or be imprisoned in the county jail for a period not exceeding three months, or both.

      Sec. 6.  The above-entitled act is hereby amended by adding thereto a section to be known as section 7, which reads as follows:

      Section 7.  The board shall issue a certificate of registration upon payment of registration fee as provided for in this act, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this act. In case of a registered engineer, the certificate shall authorize the practice of “professional engineering.” Certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by this board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered professional engineer while the said certificate remains unrevoked or unexpired.


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

ê1937 Statutes of Nevada, Page 495 (CHAPTER 211, SB 84)ê

 

evidence that the person named therein is entitled to all the rights and privileges of a registered professional engineer while the said certificate remains unrevoked or unexpired.

      Sec. 7.  The above-entitled act shall be amended by adding thereto a section to be known as section 8, which reads as follows:

      Section 8.  Each registrant hereunder shall upon registration obtain a seal of the design authorized by the board, bearing the registrant’s name and the legend “Registered Professional Engineer.” Plans, specifications, plats, and reports issued by a registrant shall be stamped with the said seal when filed with public authorities, during the life of the registrant’s certificate, but it shall be unlawful for anyone to stamp or seal any documents with said seal after the certificate of the registrant named thereon has expired or has been revoked, unless said certificate shall have been renewed or reissued.

      Sec. 8.  The above-entitled act shall be amended by adding thereto a section to be known as section 9, which reads as follows:

      Section 9.  A firm, or a copartnership, or a corporation, or a joint stock association may engage in the practice of professional engineering in this state; provided, only such practice is carried on by professional engineers registered in this state.

      Sec. 9.  The above-entitled act shall be amended by adding thereto a section to be known as section 10, which reads as follows:

      Section 10.  The following persons shall be exempt from the provisions of this act, to wit:

      (a) A person not a resident of and having no established place of business in this state, or who has recently become a resident thereof, practicing or offering to practice herein for more than sixty days in any calendar year the profession of engineering, if he shall have filed with the board an application for a certificate of registration and shall have paid the fee required by this act. Such exemption shall continue only for such time as the board requires for the consideration of the application for registration; provided, that such a person is legally qualified to practice said profession in his own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this act.

      (b) An employee or a subordinate of a person holding a certificate of registration under this act, or an employee of a person exempted from registration by class (a) of this section; provided, his practice does not include responsible charge of design or supervision.

 

 

 

 

 

Registrant furnished seal

 

 

 

 

 

 

 

 

Firms, etc., may practice in state

 

 

New section

 

Certain persons exempted from provisions of act


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

ê1937 Statutes of Nevada, Page 496 (CHAPTER 211, SB 84)ê

 

 

 

 

 

Fee for certificate to practice

 

 

 

 

 

 

 

 

 

Board may revoke certificate, when

      (c) Officers and employees of the government of the United States while engaged within this state in the practice of the profession of engineering for said government.

      Sec. 10.  The above-entitled act shall be amended by adding thereto a section to be known as section 11, which reads as follows:

      Section 11.  The board may, upon application therefor, and the payment of a fee of fifteen dollars ($15), issue a certificate of registration as a professional engineer to any person who holds a certificate of qualification or registration issued to him by proper authority of the national council of state boards of engineering examiners, or of the national bureau of engineering registration, or of any state or territory or possession of the United States, or any country; provided, that the requirements for the registration of professional engineers under which said certificate of qualification or registration was issued do not conflict with the provisions of this act and are of a standard not lower than that specified in this act.

      Sec. 11.  The above-entitled act shall be amended by adding thereto a section to be known as section 12, which reads as follows:

      Section 12.  The board shall have the power to revoke the certificate of registration of any registrant who is found guilty of:

      (a) The practice of any fraud or deceit in obtaining a certificate of registration.

      (b) Any gross negligence, incompetency, or misconduct in the practice of professional engineering as a registered professional engineer.

      Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or misconduct against any registrant. Such charges shall be in writing, and shall be sworn to by the person making them and shall be filed with the secretary of the board. All charges, unless dismissed by the board as unfounded or trivial, shall be heard by the board within three months after the date on which they shall have been preferred. The time and place for said hearing shall be fixed by the board, and a copy of the charges, together with a notice of the time and place of hearing, shall be personally served on or mailed to the last known address of such registrant, at least thirty days before the date fixed for the hearing. At any hearing, the accused registrant shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce evidence and witnesses in his own defense. If, after such hearing, three or more members of the board vote in favor of finding the accused guilty, the board shall revoke the certificate of registration of such registered professional engineer.


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

ê1937 Statutes of Nevada, Page 497 (CHAPTER 211, SB 84)ê

 

professional engineer. The board, for reasons it may deem sufficient, may reissue a certificate of registration to any person whose certificate has been revoked, providing three or more members of the board vote in favor of such reissuance. A new certificate of registration, to replace any certificate revoked, lost, destroyed, or mutilated, may be issued, subject to the rules of the board, and a charge of three dollars ($3) shall be made for such issuance.

      Sec. 12.  The above-entitled act shall be amended by adding thereto a section to be known as section 13, which reads as follows:

      Section 13.  If any section or sections of this act shall be declared unconstitutional or invalid, the remaining sections of this act shall remain in full force and effect.

      Sec. 13.  All laws or parts of laws in conflict with the provisions of this act shall be and the same are hereby repealed.

      Sec. 14.  This act shall become in full force and effect upon its passage and approval.

 

 

 

 

 

 

 

 

 

Constitutionality

 

 

Repeal

In effect

 

________

 

CHAPTER 212, SB 126

[Senate Bill No. 126–Senator Dressler]

 

Chap. 212–An Act to declare the necessity of creating governmental subdivisions of the state, to be known as “soil conservation districts,” to engage in conserving soil resources and preventing and controlling soil erosion; to establish the state soil conservation committee, and to define its powers and duties; to provide for the creation of soil conservation districts; to define the powers and duties of soil conservation districts, and to provide for the exercise of such powers, including the power to acquire property by purchase, gift, and otherwise; to empower such districts to adopt programs and regulations for the discontinuance of land-use practices contributing to soil wastage and soil erosion, and the adoption and carrying out of soil-conserving land-use practices, and to provide for the enforcement of such programs and regulations; to provide for establishing boards of adjustment in connection with land-use regulations, and to define their functions and powers; to provide for financial assistance to such soil conservation districts, to declare an emergency requiring that this act take effect from the date of its passage, and for other purposes.

 

[Approved March 30, 1937]

 

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

Assembly, do enact as follows:

 

      Section 1.  This act may be known and cited as the soil conservation districts law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Short title


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

ê1937 Statutes of Nevada, Page 498 (CHAPTER 212, SB 126)ê

 

Policy of legislature declared

      Sec. 2.  It is hereby declared, as a matter of legislative determination-

      A.  The condition-That the farm and grazing lands of the State of Nevada are among the basic assets of the state and that the preservation of these lands is necessary to protect and promote the health, safety, and general welfare of its people; that improper land-use practices have caused and have contributed to, and are now causing and contributing to, a progressively more serious erosion of the farm and grazing lands of this state by wind and water; that the breaking of natural grass, plant, and forest cover have interfered with the natural factors of soil stabilization, causing loosening of soil and exhaustion of humus, and developing a soil condition that favors erosion; that the topsoil is being blown and washed out of fields and pastures; that there has been an accelerated washing of sloping fields; that these processes of erosion by wind and water speed up with removal of absorptive topsoil, causing exposure of less absorptive and less protective but more erosive subsoil; that failure by any land occupier to conserve the soil and control erosion upon his lands causes a washing and blowing of soil and water from his lands onto other lands and makes the conservation of soil and control of erosion on such other lands difficult or impossible.

      B.  The consequences-That the consequences of such soil erosion in the form of soil-blowing and soil-washing are the silting and sedimentation of stream channels, reservoirs, dams, ditches, and harbors; the loss of fertile soil material in dust storms; the piling up of soil on lower slopes, and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by overwash of poor subsoil material, sand, and gravel swept out of the hills; deterioration of soil and its fertility, deterioration of crops grown thereon, and declining acre yields despite development of scientific processes for increasing such yields; loss of soil and water which causes destruction of food and cover for wildlife; a blowing and washing of soil into streams which silts over spawning beds, and destroys water plants, diminishing the food supply of fish; a diminishing of the underground water reserve, which causes water shortages, intensifies periods of drought, and causes crop failures; an increase in the speed and volume of rainfall run-off, causing severe and increasing floods, which bring suffering, disease, and death; impoverishment of families attempting to farm eroding and eroded lands; damage to roads, highways, railways, farm buildings, and other property from floods and from dust storms; and losses in navigation, hydroelectric power, municipal water supply, irrigation developments, farming and grazing.


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

ê1937 Statutes of Nevada, Page 499 (CHAPTER 212, SB 126)ê

 

      C.  The appropriate corrective methods-That to conserve soil resources and control and prevent soil erosion, it is necessary that land-use practices contributing to soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land-use practices be adopted and carried out; that among the procedures necessary for widespread adoption, are the carrying on of engineering operations such as the construction of terraces, terrace outlets, check-dams, dikes, ponds, ditches, and the like; the utilization of strip cropping, lister furrowing, contour cultivating, and contour furrowing; land irrigation; seeding and planting of waste, sloping, abandoned, or eroded lands to water-conserving and erosion-preventing plants, trees, and grasses; forestation and reforestation; rotation of crops; soil stabilization with trees, grasses, legumes, and other thick-growing, soil-holding crops; retardation of run-off by increasing absorption of rainfall; and retirement from cultivation of steep, highly erosive areas and areas now badly gullied or otherwise eroded.

      D.  Declaration of policy-It is hereby declared to be the policy of the legislature to provide for the conservation of the soil and soil resources of this state, and for the control and prevention of soil erosion, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining the navigability of rivers and harbors, preserve wild life, protect the tax base, protect public lands, and protect and promote the health, safety, and general welfare of the people of this state.

      Sec. 3.  Wherever used or referred to in this act, unless a different meaning clearly appears from the context:

      (1) “District” or “soil conservation district” means a governmental subdivision of this state, and a public body corporate and politic, organized in accordance with the provisions of this act, for the purposes, with the powers, and subject to the restrictions hereinafter set forth.

      (2) “Supervisor” means one of the members of the governing body of a district, elected or appointed in accordance with the provisions of this act.

      (3) “Committee” or “state soil conservation committee” means the agency created in section 4 of this act.

      (4) “Petition” means a petition filed under the provisions of subsection A of section 5 of this act for the creation of a district.

      (5) “Nominating petition” means a petition filed under the provisions of section 6 of this act to nominate candidates for the office of supervisor of a soil conservation district.

      (6) “State” means the State of Nevada.

      (7) “Agency of this state” includes the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state.

Policy of legislature declared

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definition of terms


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

ê1937 Statutes of Nevada, Page 500 (CHAPTER 212, SB 126)ê

 

Definition of terms

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State soil conservation committee

 

 

 

 

 

 

 

 

 

 

Powers of committee

corporate or otherwise, of the government of this state.

      (8) “United States” or “agencies of the United States” includes the United States of America, the soil conservation service of the United States department of agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States of America.

      (9) “Government” or “governmental” includes the government of this state, the government of the United States, and any subdivision, agency, or instrumentality, corporate or otherwise, of either of them.

      (10) “Land occupier” or “occupier of land” includes any person, firm, or corporation who shall hold title to, or shall be in possession of, any lands lying within a district organized under the provisions of this act, whether as owner, lessee, renter, tenant, or otherwise.

      (11) “Due notice” means notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area, or if no such publication of general circulation be available, by posting at a reasonable number of conspicuous places within the appropriate area, such posting to include, where possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally. At any hearing held pursuant to such notice, at the time and place designated in such notice, adjournment may be made from time to time without the necessity of renewing such notice for such adjourned dates.

      Sec. 4.  State Soil Conservation Committee.  A.  There is hereby established, to serve as an agency of the state and to perform the functions conferred upon it in this act, the state soil conservation committee. The committee shall consist of a chairman and three to five members. The following shall serve, ex officiis, as members of the committee: the director of the state extension service; the director of the state agricultural experiment station located at Reno, Nevada, and the state coordinator of the soil conservation service. The committee may invite the secretary of agriculture of the United States of America to appoint one person to serve with the above-mentioned members as a member of the committee. The committee shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this act.

      B.  The state soil conservation committee may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensations, subject to the limitations of the laws of the State of Nevada.


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

ê1937 Statutes of Nevada, Page 501 (CHAPTER 212, SB 126)ê

 

duties, and compensations, subject to the limitations of the laws of the State of Nevada. The committee may call upon the attorney-general of the state for such legal services as it may require, or may employ its own counsel and legal staff. It shall have authority to delegate to its chairman, to one or more of its members, or to one or more agents or employees, such powers and duties as it may deem proper. It shall be supplied with suitable office accommodations at the University of Nevada. Upon request of the committee, for the purpose of carrying out any of its functions, the supervising officer of any state agency, or of any state institution of learning shall, insofar as may be possible under available appropriations, and having due regard to the needs of the agency to which the request is directed, assign or detail to the committee members of the staff or personnel of such agency or institution of learning, and make such special reports, surveys, or studies as the committee may request.

      C.  The committee shall designate its chairman, and may, from time to time, change such designation. A member of the committee shall hold office so long as he shall retain the office by virtue of which he shall be serving on the committee. A majority of the committee shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. The chairman and members of the committee shall receive no compensation for their services on the committee, but shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the committee. The committee shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements.

      D.  In addition to the duties and powers hereinafter conferred upon the state soil conservation committee, it shall have the following duties and powers:

      (1) To offer such assistance as may be appropriate to the supervisors of soil conservation districts, organized as provided hereinafter, in the carrying out of any of their powers and programs.

      (2) To keep the supervisors of each of the several districts organized under the provisions of this act informed of the activities and experience of all other districts organized hereunder, and to facilitate an interchange of advice and experience between such districts and cooperation between them.

 

Powers of committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional duties and powers


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

ê1937 Statutes of Nevada, Page 502 (CHAPTER 212, SB 126)ê

 

 

 

 

 

 

 

 

Creation of soil conservation districts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hearing to be had on petition to form district

      (3) To coordinate the programs of the several soil conservation districts organized hereunder so far as this may be done by advice and consultation.

      (4) To secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state, in the work of such districts.

      (5) To disseminate information throughout the state concerning the activities and programs of the soil conservation districts organized hereunder, and to encourage the formation of such districts in areas where their organization is desirable.

      Sec. 5.  Creation of Soil Conservation Districts.  A.  Any ten (10) occupiers of land lying within the limits of the territory proposed to be organized into a district may file a petition with the state soil conservation committee asking that a soil conservation district be organized to function in the territory described in the petition. Such petition shall set forth:

      (1) The proposed name of said district;

      (2) That there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the territory described in the petition;

      (3) A description of the territory proposed to be organized as a district, which description shall not be required to be given by metes and bounds or by legal subdivisions, but shall be deemed sufficient if generally accurate;

      (4) A request that the state soil conservation committee duly define the boundaries for such district; that a referendum be held within the territory so defined on the question of the creation of a soil conservation district in such territory; and that the committee determine that such a district be created.

      Where more than one petition is filed covering parts of the same territory, the state soil conservation committee may consolidate all or any such petitions.

      B.  Within thirty (30) days after such a petition has been filed with the state soil conservation committee, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of such district, upon the question of the appropriate boundaries to be assigned to such district, upon the propriety of the petition and other proceedings taken under this act, and upon all questions relevant to such inquiries. All occupiers of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to such described territory, and all other interested parties, shall have the right to attend such hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing held.


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

ê1937 Statutes of Nevada, Page 503 (CHAPTER 212, SB 126)ê

 

be desirable to include within the proposed district territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and such further hearing held. After such hearing, if the committee shall determine, upon the facts presented at such hearing and upon such other relevant facts and information as may be available, that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the territory considered at the hearing, it shall make and record such determination, and shall define, by metes and bounds or by legal subdivisions, the boundaries of such district. In making such determination and in defining such boundaries, the committee shall give due weight and consideration of the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil conservation districts already organized or proposed for organization under the provisions of this act, and such other physical, geographical, and economic factors as are relevant, having due regard to the legislative determinations set forth in section 2 of this act. The territory to be included within such boundaries need not be contiguous. If the committee shall determine after such hearing, after due consideration of the said relevant facts, that there is no need for a soil conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon.

      C.  After the committee has made and recorded a determination that there is need, in the interest of the public health, safety, and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil conservation districts in this act is administratively practicable and feasible. To assist the committee in the determination of such administrative practicability and feasibility, it shall be the duty of the committee, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof, to hold a referendum within the proposed district upon the proposition of the creation of the district, and to cause due notice of such referendum to be given.

 

 

 

 

 

 

 

 

Determination of boundaries

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Referendum to be held prior to creation of district


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

ê1937 Statutes of Nevada, Page 504 (CHAPTER 212, SB 126)ê

 

 

 

 

Form of ballot

 

 

 

 

 

 

 

 

 

 

Expenses of hearings, etc., to be paid by committee

 

 

 

 

 

 

Result of referendum to be published; additional duties of committee

for the organization of the proposed district and the determination of the boundaries thereof, to hold a referendum within the proposed district upon the proposition of the creation of the district, and to cause due notice of such referendum to be given. The question shall be submitted by ballots upon which the words “For creation of a soil conservation district of the lands below described and lying in the county(ies) of .............., ................ and ..................” and “Against creation of a soil conservation district of the lands below described and lying in the county(ies) of .............. and ..................” shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the committee. All occupiers of lands lying within the boundaries of the territory, as determined by the state soil conservation committee, shall be eligible to vote in such referendum. Only such land occupiers shall be eligible to vote.

      D.  The committee shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda, and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.

      E.  The committee shall publish the result of such referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the committee shall give due regard and weight to the attitudes of the occupiers of lands lying within the defined boundaries, the number of land occupiers eligible to vote in such referendum who shall have voted, the proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the land occupiers of the proposed district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in section 2 of this act; provided, however, that the committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district.


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

ê1937 Statutes of Nevada, Page 505 (CHAPTER 212, SB 126)ê

 

creation of the district to the total number of votes cast, the approximate wealth and income of the land occupiers of the proposed district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in section 2 of this act; provided, however, that the committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district.

      F.  If the committee shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two (2) supervisors to act, with the three (3) supervisors elected as provided hereinafter, as the governing body of the district. Such district shall be a governmental subdivision of this state and a public body corporate and politic, upon the taking of the following proceedings:

      The two appointed supervisors shall present to the secretary of state an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals): (1) that a petition for the creation of the district was filed with the state soil conservation committee pursuant to the provisions of this act, and that the proceedings specified in this act were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this act; and that the committee has appointed them as supervisors; (2) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office; (3) the term of office of each of the supervisors; (4) the name which is proposed for the district; and (5) the location of the principal office of the supervisors of the district. The application shall be subscribed and sworn to by each of the said supervisors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be officers as affirmed in the application, and that each has subscribed thereto in the officer’s presence. The application shall be accompanied by a statement by the state soil conservation committee, which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued, and hearing held as aforesaid; that the committee did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district, and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; that thereafter the committee did duly determine that the operation of the proposed district is administratively practicable and feasible.

 

 

 

 

 

 

 

 

 

Committee to appoint governing body for district

 

 

 

Supervisors to present application to secretary of state; what to contain


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ê1937 Statutes of Nevada, Page 506 (CHAPTER 212, SB 126)ê

 

 

 

 

 

 

 

 

 

Duties of secretary of state

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Subsequent petitions may be filed, when

is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district, and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; that thereafter the committee did duly determine that the operation of the proposed district is administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the committee.

      The secretary of state shall examine the application and statement and if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them and shall record them in an appropriate book of record in his office. If the secretary of state shall find that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the state soil conservation committee, which shall thereupon submit to the secretary of state a new name for the said district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the secretary of state shall record the application and statement, with the name so modified, in an appropriate book of record in his office. When the application and statement have been made, filed, and recorded, as herein provided, the district shall constitute a governmental subdivision of this state and a public body corporate and politic. The secretary of state shall make and issue to the said supervisors a certificate, under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The boundaries of such district shall include the territory as determined by the state soil conservation committee as aforesaid, but in no event shall they include any area included within the boundaries of another soil conservation district organized under the provisions of this act.

      G.  After six (6) months shall have expired from the date of entry of a determination by the state soil conservation committee that operation of proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed as aforesaid, and action taken thereon in accordance with the provisions of this act.

      H.  Petitions for including additional territory within an existing district may be filed with the state soil conservation committee, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion.


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ê1937 Statutes of Nevada, Page 507 (CHAPTER 212, SB 126)ê

 

existing district may be filed with the state soil conservation committee, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The committee shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed in this act for petitions to organize a district. Where the total number of land occupiers in the area proposed for inclusion shall be less than 25, the petition may be filed when signed by a majority of the occupiers of such area, and in such case no referendum need be held. In referenda upon petitions for such inclusion, all occupiers of land lying within the proposed additional area shall be eligible to vote.

      I.  In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established in accordance with the provisions of this act upon proof of the issuance of the aforesaid certificate by the secretary of state. A copy of such certificate duly certified by the secretary of state shall be admissible in evidence in any such suit, action, or proceeding and shall be proof of the filing and contents thereof.

      Sec. 6.  Election of Three Supervisors for Each District.  Within thirty (30) days after the date of issuance by the secretary of state of a certificate of organization of a soil conservation district, nominating petitions may be filed with the state soil conservation committee to nominate candidates for supervisors of such district. The committee shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the committee, unless it shall be subscribed by ten (10) or more occupiers of lands lying within the boundaries of such district. Land occupiers may sign more than one such nominating petition to nominate more than one candidate for supervisor. The committee shall give due notice of an election to be held for the election of three supervisors for the district. The names of all nominees on behalf of whom such nominating petitions have been filed within the time herein designated, shall be printed, arranged in the alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before any three names to indicate the voter’s preference. All occupiers of lands lying within the district shall be eligible to vote in such election. Only such land occupiers shall be eligible to vote. The three candidates who shall receive the largest number, respectively, of the votes cast in such election shall be the elected supervisors for such district. The committee shall pay all the expenses of such election, shall supervise the conduct thereof, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results thereof.

Petitions for including additional territory

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Election of three supervisors for each district


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

ê1937 Statutes of Nevada, Page 508 (CHAPTER 212, SB 126)ê

 

 

 

Appointment, qualifications and tenure of supervisors

 

 

Chairman to be appointed

 

 

 

 

 

 

 

 

 

 

Assistants may be employed

 

 

 

 

 

 

 

 

 

Surety bonds for all employees

prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results thereof.

      Sec. 7.  Appointment, Qualifications and Tenure of Supervisors.  The governing body of the district shall consist of five (5) supervisors, elected or appointed as provided hereinabove. The two supervisors appointed by the committee shall be persons who are by training and experience qualified to perform the specialized skilled services which will be required of them in the performance of their duties hereunder.

      The supervisors shall designate a chairman and may, from time to time, change such designation. The term of office of each supervisor shall be three (3) years, except that the supervisors who are first appointed shall be designated to serve for terms of one and two years, respectively, from the date of their appointment. A supervisor shall hold office until his successor has been elected or appointed and has qualified. Vacancies shall be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, shall be made in the same manner in which the retiring supervisors shall, respectively, have been selected. A majority of the supervisors shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination. A supervisor shall receive no compensation for his services, but he shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties.

      The supervisors may employ a secretary, technical experts, and such other officers, agents, and employees, permanent and temporary, as they may require, and shall determine their qualifications, duties, and compensation. The supervisors may call upon the attorney-general of the state for such legal services as they may require, or may employ their own counsel and legal staff. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents, or employees, such powers and duties as they may deem proper. The supervisors shall furnish to the state soil conservation committee, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this act.

      The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements.


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ê1937 Statutes of Nevada, Page 509 (CHAPTER 212, SB 126)ê