[Rev. 12/19/2019 6:07:45 PM]

Link to Page 178

 

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ê1939 Statutes of Nevada, Page 179 (CHAPTER 141, SB 62)ê

 

of an act entitled “An act concerning public schools, and repealing certain acts relating thereto,” approved March 20, 1911.

      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  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.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 immediately upon its passage and approval.

 

 

Repeal

 

In effect

 

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CHAPTER 142, SB 110

[Senate Bill No. 110–Committee on Ways and Means]

 

Chap. 142–An Act to amend an act entitled “An act to prevent fraud or misrepresentation in the distribution and sale of gasoline, distillate and lubricating oil; regulating the distribution and sale of such products; defining the powers and duties of the sealer of weights and measures, or his appointees; prescribing specifications to be required for petroleum or petroleum products sold or offered for sale as ‘gasoline’; providing for taking samples of certain refined petroleum products; providing for sealing of certain containers, pumps and storage tanks connected thereto; providing for labeling of certain containers and pumps; and further providing an annual tax on products sold within this state to secure the necessary revenue to enforce the provisions of this act, and fixing penalties for violation of any provisions contained herein,” approved March 31, 1931.

 

[Approved March 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 9 of the above-entitled act, being chapter 238 Statutes of Nevada 1931, is hereby amended so as to read as follows:

      Section 9.  Every person, individual, firm, association or corporation, or any member, officer, agent or employee thereof, shipping or transporting any gasoline, distillate or lubricating oil into this state for sale or consignment or with intent to sell or consign the same, shall pay to the state treasurer of Nevada an inspection fee of one twentieth (1/20) cent per gallon for each and every gallon of gasoline, distillate or lubricating oil so shipped or transported into the state, or that is held for sale within this state; provided, nothing in this section shall be construed to require the payment of an inspection fee on any shipment or consignment of gasoline, distillate or lubricating oil when such inspection fee has already been paid.

      Every person, individual, firm, association or corporation, or any member, officer, agent or employee thereof, receiving a shipment of gasoline, distillate or lubricating oil into this state for sale or consignment or with intent to sell or consign the same, as provided in paragraph 1 of this section, shall immediately upon receipt thereof notify the state sealer, or his appointee, for the purpose of inspection as to quality and quantity thereof prior to placing same in container, tank or any other receptacle for storage or resale as the case may be.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Petroleum products inspection; regulation

 

 

 

 

Fees


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ê1939 Statutes of Nevada, Page 180 (CHAPTER 142, SB 110)ê

 

 

 

 

 

 

 

Reports

 

 

 

 

 

 

 

 

 

 

 

 

Self-supporting

 

 

 

 

 

Audit and approval

 

 

 

 

 

 

 

 

 

Officers

a shipment of gasoline, distillate or lubricating oil into this state for sale or consignment or with intent to sell or consign the same, as provided in paragraph 1 of this section, shall immediately upon receipt thereof notify the state sealer, or his appointee, for the purpose of inspection as to quality and quantity thereof prior to placing same in container, tank or any other receptacle for storage or resale as the case may be.

      On the first day of each calendar month it shall be the duty of every person, individual, firm, association or corporation, or any member, officer, agent or employee thereof receiving any of the aforementioned products to send to the state sealer a correct report of all shipments, consignments or receipts during the preceding month, and such report shall include the following: a. The number of gallons of gasoline, distillate, and lubricating oil received. b. The grade or class of each shipment or consignment. c. The date received. d. Consignor. e. Person, firm or corporation transporting or delivering the same to consignee. A copy of such monthly report shall be sent to the state treasurer of Nevada accompanied by the fees herein required due the state on such gasoline, distillate and lubricating oil. Failure to send such report and remittance as above specified shall be a violation of the act and punishable under it.

      Sec. 2.  Section 10 of the above-entitled act is hereby amended so as to read as follows:

      Section 10.  All revenues derived under authority of this act shall be used for the enforcement of the provisions thereof, and any moneys remaining in this fund at the end of a fiscal year shall revert to the general fund. All fees received by the state treasurer of Nevada shall be carried in a special revolving fund to be designated the “Petroleum Products Inspection Fund,” out of which all bills and expenses of whatever nature incurred in the enforcement of this act shall by said treasurer be paid.

      Vouchers for all expenses of whatever nature incurred by the state sealer in carrying out and enforcing the provisions of this act when approved by said state sealer shall be forwarded monthly to the state board of examiners for the audit and approval, and when audited and approved shall be certified to the state controller, who shall draw warrants upon the state treasurer for said expenses, specifying that said warrants are to be paid from the petroleum products inspection fund. The state treasurer shall thereupon pay said expenses out of the petroleum products inspection fund.

      Sec. 3.  Section 13 of the above-entitled act is hereby amended so as to read as follows:

      Section 13.  The state sealer of weights and measures shall be charged with the proper enforcement of the provisions of this act and he may with the approval of the board of regents of the University of Nevada designate such appointees as he may deem necessary therefor.


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ê1939 Statutes of Nevada, Page 181 (CHAPTER 142, SB 110)ê

 

this act and he may with the approval of the board of regents of the University of Nevada designate such appointees as he may deem necessary therefor.

      The state sealer is hereby authorized and empowered to promulgate regulations and rules for the purpose of carrying out the provisions of this act.

      Sec. 4.  This act shall take effect from and after July 1, 1939.

 

 

 

 

In effect

 

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CHAPTER 143, SB 14

[Senate Bill No. 14–Senator Getchell]

 

Chap. 143–An Act providing for a supplemental appropriation to be used by the exposition commissioners of the State of Nevada for the Golden Gate international exposition, at the Golden Gate international exposition, to be held at the island of Yerba Buena, located in San Francisco bay, California.

 

[Approved March 23, 1939]

 

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 money in the general fund of the State of Nevada, not otherwise specially allotted, the sum of twenty-five thousand ($25,000) dollars to be appropriated for the use of the exposition commissioners of the State of Nevada as created by the Statutes of Nevada of 1937. Five thousand ($5,000) dollars of said appropriation is to be appropriated for the purposes and objects of said commissioners to be used for the purposes thereof during the year 1939.

      Sec. 2.  The sum of twenty thousand ($20,000) dollars, or so much thereof as may be necessary, is to be used by said commissioners in the furtherance of its objects and purposes in connection with said Golden Gate international exposition during the year 1940; provided, however, that in the event that said exposition shall not continue beyond December 31, 1939, then, and in that event, the said twenty thousand ($20,000) dollars shall, on the first day of June 1940, revert to the general fund of the State of Nevada.

      Sec. 3.  The purposes and objects of this act and the appropriation herein provided for are intended to be and are hereby directed to be in furtherance of the objects and purposes of the act of the legislature of 1937 creating said commissioners, and not in any respect in limitation of said act or any of its provisions.

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

 

 

 

 

 

 

 

 

 

 

 

 

San Francisco fair

 

 

Sum for 1939

 

 

For 1940

 

 

Proviso

 

 

 

 

 

 

 

In effect

 

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ê1939 Statutes of Nevada, Page 182ê

CHAPTER 144, SB 59

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Irrigation district; water, sale

 

 

 

 

 

In effect

[Senate Bill No. 59–Committee on Agriculture, Irrigation, and Reclamation of Arid Lands]

 

Chap. 144–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, by adding thereto another section.

 

[Approved March 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is hereby amended by adding a new section thereto, to be known as section 10f, to read as follows:

      Section 10f.  Any irrigation district lands bought in by the district at a delinquent tax sale or lands otherwise acquired by the district which are not required for district purposes may be conveyed to any purchaser upon such terms as the board of directors, by unanimous vote, shall deem for the best interests of the district, and where there is an adequate water supply available for the nondelinquent land, the board of directors may make any desired disposition of the water right appurtenant to such district-owned lands.

      Sec. 2.  This act shall take effect from and after its passage and approval.

 

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CHAPTER 145, AB 204

 

 

 

 

 

 

 

 

 

 

 

 

Landlord liens

[Assembly Bill No. 204–Mr. Loomis]

 

Chap. 145–An Act granting apartment house and furnished apartment owners a lien upon the goods of tenants, providing the sale of goods seized under such lien, absolving such lien owners from damages, and others matters properly relating thereto.

 

[Approved March 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Keepers of furnished apartment houses or furnished bungalow courts shall have a lien upon the baggage and other property of value belonging to their tenants or guests, and upon all the right, title and interest of their tenants or guests in and to all property in the possession of such tenants or guests which may be in such furnished apartment house, or furnished bungalow court, for the proper charges due from such tenants or guests for their accommodation, rent, services, meals, and such extras as are furnished at their request, and for all moneys expended for them at their request, and for the costs of enforcing such lien, with the right to the possession of such baggage and other property of value until such charges are paid, and such moneys are repaid.


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ê1939 Statutes of Nevada, Page 183 (CHAPTER 145, AB 204)ê

 

such tenants or guests which may be in such furnished apartment house, or furnished bungalow court, for the proper charges due from such tenants or guests for their accommodation, rent, services, meals, and such extras as are furnished at their request, and for all moneys expended for them at their request, and for the costs of enforcing such lien, with the right to the possession of such baggage and other property of value until such charges are paid, and such moneys are repaid. Unless such charges shall be paid and unless such moneys shall be repaid within sixty days from the time when such charges and moneys, respectively, become due, said keeper of a furnished apartment house, or furnished bungalow court, may sell said baggage and property at public auction to the highest bidder, after giving notice of such sale by publication of a notice containing the name of the debtor, the amount due, a brief description of the property to be sold, and the time and place of such sale, once every week for four successive weeks, prior to the date of sale, in a newspaper of general circulation in the county in which said furnished apartment house or furnished bungalow court is situated, and also by mailing, at least fifteen days prior to the date of sale, a copy of such notice addressed to such tenant or guest at his post-office address, if known, and if not known such notice shall be addressed to such tenant or guest at the place where such furnished apartment house or furnished bungalow court is situated; and, after satisfying such lien out of the proceeds of such sale, together with any reasonable costs that may have been incurred in enforcing said lien, the residue of said proceeds of sale, if any, shall, upon demand made within six months after such sale, be paid by said keeper of a furnished apartment house or furnished bungalow court to such tenant or guest; and if not demanded within six months from the date of such sale said residue, if any, shall be paid into the treasury of the county in which such sale took place; and if the same be not claimed by the owner thereof, or his legal representative, within one year thereafter, it shall be paid into the general fund of the county; and such sale shall be a perpetual bar to any action against said keeper of a furnished apartment house or furnished bungalow court for the recovery of such baggage or property, or of the value thereof, or for any damages growing out of the failure of such tenant or guest to receive such baggage or property.

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

 

 

 

 

 

 

 

 

Enforcement

 

Notice

 

 

 

 

 

 

 

 

 

 

 

 

Escheats

 

 

 

 

 

 

In effect

 

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ê1939 Statutes of Nevada, Page 184ê

CHAPTER 146, AB 183

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Las Vegas civil service

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Classification

[Assembly Bill No. 183–Clark County Delegation]

 

Chap. 146–An Act to create a civil service commission in the city of Las Vegas, Nevada, for the regulation of the police department of the city of Las Vegas, defining the powers and duties of the commission and regulating the personnel of the police department of the city of Las Vegas, defining the duties of the mayor of the city of Las Vegas, and other persons in relation thereto, and other matters relating thereto.

 

[Approved March 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Within sixty (60) days after the passage and approval of this act, the city commissioners of the city of Las Vegas, Clark County, Nevada, shall appoint as members of a civil service board three residents of the city of Las Vegas, to be known as civil service commissioners, who shall otherwise have no connection with the city government and who shall serve as such civil service commissioners without pay. At the time of appointment, the city commissioners shall select and designate one civil service commissioner to serve for a period of two years, expiring December 31 of the second calendar year following his appointment. The city commissioners shall appoint one civil service commissioner to be selected and designated by the members of the police department of the city of Las Vegas; this commissioner shall serve for a period of three years, expiring December 31 of the third calendar year following his appointment. The third civil service commissioner to be appointed by the city commissioners shall be selected and designated by the city commissioners and members of the police department, to serve for a period of five years, expiring December 31 of the fifth calendar year following his appointment. At the expiration of the appointment of the above civil service commissioners, their successors shall be appointed, selected, and designated in the above manner. A civil service commissioner may be removed from office at any time for cause by the joint action of the city commissioners and members of the police department, and his successor to be appointed, selected, and designated in the above manner; in the event of a vacancy for any other cause, otherwise than herein mentioned, the vacancy shall also be filled in the above manner.

      Sec. 2.  The civil service commissioners shall classify, in accordance with the duties of the department, all positions in the police department. The civil service commissioners may grade, and from time to time may regrade, the positions governed by any class, in accordance with salaries and duties, to the end that the like salaries shall be paid for like duties.


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ê1939 Statutes of Nevada, Page 185 (CHAPTER 146, AB 183)ê

 

duties, to the end that the like salaries shall be paid for like duties. New positions, when created, shall be classified, graded, and filed in accordance with these provisions. Before any new position is created by the chief of the police department he shall secure from the civil service commission the proper designation of such position, and the title of such position shall correspond with the classification adopted in accordance with the provisions of this section. Any classification or grading may be amended or abolished by the civil service commissioners, and classes calling for similar qualification may be consolidated, but persons who have been appointed from any such class shall retain any position lawfully held thereunder so long as such position is maintained, unless removed or otherwise provided herein.

      Sec. 3.  The civil service commissioners shall make rules and regulations to carry out the provisions of this act, and for examinations, appointments, promotions, and removals, and, in accordance with the provisions of this act, may from time to time make changes in the existing rules. All rules and all changes therein shall be kept in the files of the civil service commissioners, and shall be open to public inspection.

      Sec. 4.  All applicants for places on the police department or for promotion shall be subjected to examination by direction of the civil service commission, which shall be public, competitive, and free. Such examinations shall be practical in their character, and shall relate to those matters only which will fairly test the relative capacity of the persons examined to discharge the duties of the position to which they seek to be appointed. Every appointee to the police department, at the time of appointment, shall be not less than twenty-five (25) years of age, and not more than forty-five (45) years of age; and must pass the physical test prescribed by the civil service commission, which shall not be less than that required of recruits to the United States army. No question in any examination shall relate to political or religious opinions or affiliations.

      Sec. 5.  Notice of the time, place, and general scope of every examination shall be given by the civil service commissioners by publishing such notice two weeks preceding such examination in the official newspaper, and posting a copy thereof in a conspicuous place in the quarters occupied by the police department in the city of Las Vegas for two weeks before such examination.

      Sec. 6.  Applicants who have passed the examination prescribed by the civil service commissioners shall take rank upon a register of candidates to be kept by the civil service commissioners in the order of their relative excellence, as determined by the examination in reference to grade, class, and position, and without reference to priority of time of examination.

Classification

 

 

 

 

 

 

 

 

 

Rules

 

 

 

 

Examinations

 

 

 

 

 

 

 

 

 

 

Notice

 

 

 

 

Ranking


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ê1939 Statutes of Nevada, Page 186 (CHAPTER 146, AB 183)ê

 

 

Requisitions

 

 

 

 

 

 

 

 

 

 

Appointments

 

 

Probation

 

 

 

 

 

 

 

 

 

 

 

Chief of police

and position, and without reference to priority of time of examination.

      Sec. 7.  Whenever a position upon the police department of the city is to be filled, with the exception of the position of chief of police, the chief of police shall notify the civil service commission of that fact, and the civil service commission shall then certify to the chief of police the name and address of two or more candidates in the discretion of the civil service commission, not exceeding three, standing highest upon the register for the class or grade to which the position belongs. The civil service commission shall not certify the name of any person who, in the judgment of the civil service commission, is not of good moral character or who has secured a place upon the eligible list by fraud, concealment of fact, or by violation of the rules of the civil service commission; and having certified such person they shall cancel such certification and remove the name of any such person from the eligible list.

      Sec. 8.  The chief of police shall notify the civil service commissioners of each position to be filled, separately, and shall fill such position by appointment of one of the persons certified to him by the civil service commissioners therefor. Such appointment shall be on probation for a period to be fixed by the rules of the civil service commissioners; provided, such period shall not exceed six months. The civil service commissioners may strike off names of candidates from the register of eligible candidates if they have remained thereon more than one year. At or before the expiration of the period of probation, the chief of police may discharge a candidate upon assigning in writing his own reason therefor to the civil service commissioners; if a candidate is not discharged at or before the expiration of a period of probation, his appointment shall be deemed complete. To prevent the stoppage of public business or to meet emergencies, including the absence of any officer or member of the police department, the chief of police may, with the approval of the civil service commissioners, make temporary appointments to remain in force not exceeding sixty days, and only until regular appointments under the provisions of this act can be made.

      Sec. 9.  The chief of police shall be appointed by the mayor from among the members of the city of Las Vegas police department from a list of three eligible candidates, which list shall be furnished to the mayor by the civil service commissioners not later than twenty days after a vacancy in the office of chief of police shall occur; after appointment the chief of police shall be removed from office or reduced in rank only as provided by this act. In case of removal, demotion, resignation, or death of the chief of police, the mayor may, with the approval of the civil service commissioners, make a temporary appointment of chief of police, said appointment to remain in force not exceeding sixty days, and only until a regular appointment may be made under the provisions of this act.


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ê1939 Statutes of Nevada, Page 187 (CHAPTER 146, AB 183)ê

 

police, the mayor may, with the approval of the civil service commissioners, make a temporary appointment of chief of police, said appointment to remain in force not exceeding sixty days, and only until a regular appointment may be made under the provisions of this act. In case of the temporary absence or disability of the chief of police, the assistant chief of police shall become acting chief of police during the period of such absence or disability.

      Sec. 10.  The civil service commissioners shall provide for promotion in the department on the basis of ascertained merit, and standing vacancies shall be filled by promotion. All examinations for promotion shall be prepared by the civil service commissioners and shall be competitive among such members of the department as desire to submit themselves to such examination. The civil service commissioners shall submit to the appointing power the names of not exceeding three applicants having the highest rating for each promotion. No member of the police department shall be eligible for promotion to any position other than that of chief of police until he shall have had three years’ experience as a regularly paid peace officer, one year of which must have been served in the Las Vegas police department immediately preceding the date of his promotion. No member of the police department shall be eligible for promotion to the position of chief of police until he shall have had five years’ experience as a regularly paid peace officer, three years of which must have been served in the Las Vegas police department immediately preceding the date of his promotion.

      Sec. 11.  No person employed in the police department shall be removed, demoted, or discharged, except for cause, upon written charges, and after an opportunity to be heard in his own defense. Pending the hearing of such charges against members of the department, with the exception of the chief of police, the chief of police may suspend the person so accused, and pending the hearing of charges against the chief of police, the mayor may suspend the chief of police; but suspension in any case shall not be valid for more than thirty days upon any charge, unless the hearing thereon shall be delayed beyond such time by the act of the person so accused. Charges against any member of the department, other than the chief of police, shall be filed with the chief of police. The chief of police, together with the assistant chief of police, and one other officer from one of the departments, to be appointed in each case by the chief of police upon the institution of charges, shall constitute a board of officers to hear and determine such charges. A correct copy of such charges shall be furnished to the accused who shall, within ten days after such service, file a written answer thereto. The accused, at the hearing of such charges, which may be private or public, at the option of the board of officers, shall have the right to submit evidence in his behalf, and no hearing shall be had until five days’ notice has been given the accused in writing of the time and place thereof.

 

 

 

 

 

 

Promotion

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hearings


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ê1939 Statutes of Nevada, Page 188 (CHAPTER 146, AB 183)ê

 

Removals

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Action on own motion

 

 

 

 

 

 

 

Commissioners to be informed

may be private or public, at the option of the board of officers, shall have the right to submit evidence in his behalf, and no hearing shall be had until five days’ notice has been given the accused in writing of the time and place thereof. The findings of such board of officers shall be final, unless within a period of ten days after notice of decision the employee so tried appeals to the civil service commission against such finding. The appeal must be in writing and must state the reasons upon which it is based. The civil service commission must, upon receiving notice of appeal, set the matter for rehearing, which may be public or private at the option of the accused, who shall be entitled to five days’ notice in writing of the time and place thereof. A public hearing is waived unless demanded by accused in his written appeal. The order or the decision of the civil service commission upon such appeal shall be final and shall forthwith be enforced by the chief of police. If the civil service commission shall reverse or alter the finding, the civil service commission may, in its discretion, order the employee affected paid his salary from the time of his discharge or suspension.

      Sec. 12.  The chief of police shall not be removed, suspended, demoted or discharged except for cause upon written charges filed with the civil service commission, and after an opportunity to be heard in his own defense at a public or private hearing. Pending the hearing of such charges, the mayor may suspend the chief of police so accused, but such suspension shall not be valid for more than thirty days. The order or decision of the civil service commission after a public hearing shall be final.

      Sec. 13.  The civil service commission may hear and determine charges filed by any citizen if the appointing power neglects or refuses to act. The chief of police or other authorized officers of the department may, subject to the rules of the department for disciplinary purposes, suspend a subordinate for a period not exceeding thirty days, and such suspension shall carry with it the loss of salary for the period of suspension. Removal, suspension, demotion, or discharge may be upon any of the following grounds: Incompetency, habitual intemperance, immoral conduct, dishonesty, inattention to duties, drunkenness on duty, or insubordination.

      Sec. 14.  Immediate notice in writing shall be given by the mayor or by the chief of police to the civil service commissioners of all appointments and of permanent or temporary changes made in the police department, and of all transfers, promotions, resignations, suspensions, or vacancies from any cause from such service and of the date thereof; and a record of the name shall be kept by the civil service commissioners. When any place of employment is created or abolished or the compensation attached thereto is altered, the officer making such changes shall immediately report in writing to the civil service commissioners.


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ê1939 Statutes of Nevada, Page 189 (CHAPTER 146, AB 183)ê

 

or abolished or the compensation attached thereto is altered, the officer making such changes shall immediately report in writing to the civil service commissioners.

      Sec. 15.  The civil service commissioners shall from time to time designate one of their members as secretary; provided, however, that the mayor may appoint one of the deputies from one of the offices in the city hall to be assistant secretary to the board.

      Sec. 16.  To the end that there be no disruption in the present service of the police department, and that no undue hardship may be worked upon any member of the police department who shall have attained a certain grade or rank as a result of continuous and faithful service, all members of said department shall be credited by the civil service commission with a qualifying mark, both mental and physical, for entrance to the classified service of the police department, and to the rank, grade, or position held by such member at the time of the passage of this amendment.

      Sec. 17.  All officers and members of the police department, after serving in either of such departments not less than one year, shall be entitled to fifteen days’ vacation annually. Such vacation shall be at such time as the chief of police shall direct and shall be without loss of pay.

      Sec. 18.  Officers and members of the police department shall not follow any other profession, trade, calling or business, but shall devote their entire time to the performance of their duties as members of such department; provided, however, that extra duty may be worked and compensation received therefor in such cases provided for by city ordinance or in cases approved by the mayor.

      Sec. 19.  It shall be the duty of the city commission to furnish all the necessary books, papers, stationery, and other supplies which are necessary to carry out the provisions of this article.

      Sec. 20.  If any section, clause, or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections of this act.

      Sec. 21.  Any provision, section, clause, or phrase of the charter of the city of Las Vegas insofar as the same may be in conflict herewith is hereby repealed.

 

 

 

 

 

 

Initial ranking

 

 

 

 

 

 

Vacations

 

 

 

Full-time positions

 

 

 

 

Supplies

 

 

Separability

 

 

Repeal

 

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ê1939 Statutes of Nevada, Page 190ê

CHAPTER 147, AB 167

 

 

 

 

 

 

 

 

 

 

 

 

Highway contractor’s bonds

 

 

 

 

 

 

 

 

 

 

 

Existing law

[Assembly Bill No. 167–Mr. Oldham]

 

Chap. 147–An Act to amend section 17 of an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended.

 

[Approved March 23, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 17 of the above-entitled act, being section 5340 N. C. L. 1929, is hereby amended to read as follows:

      Section 17.  Every contractor for improvements, construction or maintenance shall execute a bond as heretofore provided herein, and in addition to the conditions heretofore provided such bond shall provide and secure payment for all material, provisions, provender, and supplies, teams, trucks, and other means of transportation used in, or upon, or about, or for the performance of the work contracted to be done, and for any work or labor done thereon, and providing in addition to all other conditions, that if the contractor, or his or its subcontractor or subcontractors fail to duly pay for labor, materials, team hire, sustenance, provender or other supplies used or consumed by such contractor or his or its subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per centum per annum. Unless such bond is executed, delivered and filed as herein provided, no claim in favor of the contractor arising under such contract shall be audited, allowed or paid.

      Any person, copartnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender or other supplies, used or consumed by such contractor, or his or its subcontractor, in or about the performance of the work contracted to be done, and whose claim therefor has not been paid by the contractor or subcontractor, and desiring to be protected under said bond shall file a claim within thirty days from the completion of the said contract with the department of highways, which claim shall be verified and contain a statement that the same has not been paid. And any such person or corporation so filing a claim may at any time within six months thereafter commence an action against the surety or sureties on the bond for the recovery of the amount of the claim. Failure to commence the action upon such claim against the bond and the sureties thereon within six months will bar any right of action against such surety or sureties. The state highway engineer shall, before making final payment on any contract as herein provided, cause to be published for a period of at least two weeks in a newspaper of general circulation in the county wherein the work was contracted for, and wherein such work was performed, and for a period of at least ten days in one newspaper of general circulation throughout the State of Nevada, a notice of the final acceptance of the said contract, and no final settlement of such contract shall be made until thirty days after such acceptance of the contract.


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

ê1939 Statutes of Nevada, Page 191 (CHAPTER 147, AB 167)ê

 

general circulation in the county wherein the work was contracted for, and wherein such work was performed, and for a period of at least ten days in one newspaper of general circulation throughout the State of Nevada, a notice of the final acceptance of the said contract, and no final settlement of such contract shall be made until thirty days after such acceptance of the contract.

      Every successful contractor to whom a contract is awarded shall be liable under the provisions of the Nevada industrial commission act, Statutes 1913, p. 137, et seq., and shall pay the premiums and percentages as required in said act, and such act shall be mandatory and compulsory upon every such contractor, and the state controller, before paying any money or drawing his warrant, may require satisfactory evidence of the payment of the premiums required under said act.

      Every successful contractor to whom a contract is awarded in accordance with the provisions of this act, shall be subject to the provisions of the unemployment compensation law, being Statutes 1937, chapter 129, and if determined to be an employer within the provisions of that act and therefore subject to the payment of contributions as therein provided, shall pay the contributions as required in said act, and payment of contributions levied in accordance with that act shall be mandatory and compulsory upon every contractor qualified as an employer as therein defined, and the state controller, before paying any money or drawing his warrant in payment to said contractor, may require satisfactory evidence of the payment of the contributions required under said act.

      No contractor shall let any subcontract except upon the written permission and approval of the department of highways, and all subcontractors shall be required in like manner to comply with the terms of the Nevada industrial commission act and the Nevada unemployment compensation act in like manner as contractors.

      Sec. 2.  This act shall take effect from and after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

Must pay for unemployment compensation

 

 

 

 

 

 

 

Subcontractors also

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 192ê

CHAPTER 148, SB 134

 

 

 

 

 

 

 

 

 

 

 

County commissioners; powers

 

 

 

Federal aid

 

 

 

 

Notice

 

 

 

 

Qualified veto

 

 

 

 

Elective veto

[Senate Bill No. 134–Committee on Ways and Means]

 

Chap. 148–An Act relating to the powers and duties of the county commissioners of the various counties in Nevada, and to enable them to avail themselves of federal or other aid for the benefit of the counties.

 

[Approved March 24, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  If and when any federal or other aid becomes available for any public work, improvement or other public benefit within any county, which aid is dependent upon contribution or cooperation by the county, the county commissioners in such county are hereby authorized and empowered to make the necessary contribution and extend the necessary cooperation for such available aid.

      Sec. 2.  If and when the county commissioners shall decide to make any contribution or extend any cooperation for such aid, they shall pass a resolution to that effect and thereafter cause to be published a notice thereof in a newspaper of general circulation published in that county for a period of two weeks, that is to say, published twice with a one-week interval elapsing between publications.

      Sec. 3.  For a period of thirty days after the first publication of said notice all electors of the county shall have the right to file protests against such participation with the clerk of the board of county commissioners. If protestants aggregate in number ten (10) percent of the number of electors who voted in said county in the last general election for representative in Congress, the county commissioners shall proceed no further with reference to said particular project without submitting the question of such proposed participation to the voters of said county. Such election, if called, shall be held as soon as practicable and as near as may be in accordance with the general election laws, and the county commissioners shall provide the details necessary to carry out said election. If the majority of votes cast at said election is against said proposed participation project it shall be deemed lost and the county commissioners shall proceed no further therewith. If, on the other hand, the majority of the votes cast at said election is in favor of the proposed project the county commissioners shall be authorized and empowered to proceed therewith.

      Sec. 4.  In the event that the protestants filing their protests with the clerk of said board during the thirty (30) day period described in section 3 of this act are insufficient in number to equal ten (10) percent of the voters of said county voting at the last general election for representative in Congress, the county commissioners shall be authorized and empowered to proceed with said project as proposed.


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

ê1939 Statutes of Nevada, Page 193 (CHAPTER 148, SB 134)ê

 

voting at the last general election for representative in Congress, the county commissioners shall be authorized and empowered to proceed with said project as proposed.

      Sec. 5.  The provisions of this act requiring publication, making provision for protests and a possible election shall not be applicable to participation in projects requiring contribution and cooperation on the part of the county not exceeding (a) the use of the county-owned equipment, and (b) the wages of regularly employed county operators of said equipment, and (c) an additional expenditure not exceeding one thousand ($1,000) dollars for other costs.

      Sec. 6.  The county commissioners, in addition to the powers now conferred upon them by law, are hereby authorized and empowered to operate, manage, improve and maintain all participation projects constructed under the authority granted by this act.

      Sec. 7.  All acts and parts of acts in conflict with this act are hereby repealed.

      Sec. 8.  This act shall be in force and effect immediately upon its passage and approval.

 

 

 

Exempt from act

 

 

 

 

 

Maintenance

 

 

 

Repeal

In effect

 

________

 

CHAPTER 149, SB 83

[Senate Bill No. 83–Senator Winters]

 

Chap. 149–An Act to provide an excise tax on the use of combustible liquids and gases to propel motor vehicles on the highways of this state; to provide for the issuance of permits to users of such liquids and gases; to provide for the levy, assessment, collection, payment and disposition of such tax; to provide for the keeping of records by users of such liquids and gases; to provide for the administration and enforcement thereof by the Nevada tax commission; to prescribe penalties for violation of the provisions thereof; to provide that such tax shall be in lieu of certain taxes imposed by chapter 74 Statutes of Nevada 1935; and to define certain words, terms and phrases used herein.

 

[Approved March 24, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  This act is known and may be cited as the “Use Fuel Tax Act of 1939.”

      Sec. 2.  The following words, terms and phrases when used in this act have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Motor vehicle fuel, use excise


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

ê1939 Statutes of Nevada, Page 194 (CHAPTER 149, SB 83)ê

 

 

 

“Fuel” defined

 

 

 

 

Other terms defined

 

 

 

 

 

 

 

 

 

 

 

 

 

Gallonage excise

 

 

Permit required

      (a) “Motor vehicle” means every self-propelled vehicle operated on the highway.

      (b) “Fuel” means any combustible gas, liquid or material of a kind used in an internal combustion engine for the generation of power to propel a motor vehicle on the highways, except motor vehicle fuel as defined in chapter 74 Statutes of Nevada 1935, or any amendments thereto. For the purpose hereof, the words “internal combustion engine” shall be deemed to include a diesel engine and any other engine operated by internal expansion.

      (c) “Highway” means every way or place of whatever nature open to the use of the public, for purposes of traffic, including highways under construction.

      (d) “Person” means any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, this state, any county, municipality, district or other political subdivision thereof, or any other group or combination acting as a unit, and the plural as well as the singular number.

      (e) “Use,” as a verb, means receive into any receptacle on a motor vehicle, fuel consumed in propelling such motor vehicle on the highways of this state, except that if such fuel is received into such receptacle outside this state, “use,” as a verb, means consume in propelling such motor vehicle on the highways of this state; “use,” as a noun, means the act of using.

      (f) “User” means any person who uses fuel.

      (g) “Commission” means the Nevada tax commission, as defined in the Statutes of Nevada relating to the creation thereof, and its duly authorized agents.

      Sec. 3.  To partially compensate this state for the use of its highways, an excise tax is hereby imposed at the rate of five (5) cents per gallon on the use of fuel by any user thereof on and after July 1, 1939.

      Sec. 4.  After July 1, 1939, it shall be unlawful for any person to use fuel within this state unless such person shall have obtained a use fuel tax permit. Applications for such permits must be made to the commission upon forms prescribed by the commission. On receipt of such application, the commission shall issue to the applicant a use fuel tax permit authorizing such person to use fuel within this state. Such permit shall be valid until revoked.

      Sec. 5.  The commission shall have power to revoke the permit issued under the provisions of section 4 hereof to any person refusing or neglecting to comply with the provisions of this act. Before revoking any such permit the commission shall send notice by registered mail to such person at his last known address ordering him to appear before the commission at a time not less than ten days after the mailing of such notice and show cause why such permit should not be revoked.


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

ê1939 Statutes of Nevada, Page 195 (CHAPTER 149, SB 83)ê

 

notice and show cause why such permit should not be revoked.

      Sec. 6.  The excise tax imposed hereunder with respect to the use of fuel during any calendar month shall be due and payable on or before the twenty-fifth day of the immediately succeeding calendar month.

      Sec. 7.  Each user on or before the twenty-fifth day of August 1939, and on or before the twenty-fifth day of each and every month thereafter, shall file, in duplicate, under oath and on forms prescribed by the commission, a report showing the amount of fuel used during the immediately preceding calendar month by such user and such other information as the commission may require for the purposes of this act. The original of such report shall be filed with the commission. The duplicate of such report shall be filed with the state treasurer and shall be accompanied by a remittance, payable to the state treasurer, for the amount of excise tax due thereunder.

      Sec. 8.  Any person failing to pay any excise tax, except taxes assessed under the provisions of sections 16 and 17 hereof, within the time prescribed by this act shall pay in addition to such tax a penalty of ten percent (10%) of the amount thereof, plus interest on the amount of such tax at the rate of one percent (1%) per month, or fraction thereof, from the date such tax became finally due and payable until the date of payment.

      Sec. 9.  For the purposes of the proper administration of this act and to prevent evasion of the excise tax hereby imposed, it shall be presumed, until the contrary is established under such reasonable rules as the commission may adopt, that all fuel received into any receptacle on a motor vehicle from which receptacle fuel is supplied to propel such motor vehicle is consumed in propelling such motor vehicle on the highways of this state.

      Sec. 10.  Before registering any motor vehicle, the motor vehicle department of the office of secretary of state shall ascertain from the applicant for such registration whether or not the motor vehicle sought to be registered is propelled by a fuel the use of which is subject to the excise tax hereby imposed. Before issuing any license under the provisions of chapter 165 Statutes of Nevada 1933, as heretofore or hereafter amended, the public service commission shall ascertain from the applicant for such license whether or not any motor vehicle in connection with which such license is sought is propelled by a fuel the use of which is subject to the excise tax hereby imposed. If it shall be so ascertained that any motor vehicle is propelled by a fuel the use of which is subject to the excise tax hereby imposed, said motor vehicle department or said public service commission, as the case may be, shall immediately notify the commission and shall not complete such registration or issue such license, as the case may be, until the applicant therefor has obtained a use fuel tax permit as required by section 4 hereof.

 

Due monthly

 

 

Reports

 

 

 

 

 

 

 

Penalty

 

 

 

 

 

Presumption

 

 

 

 

 

Disclosure


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

ê1939 Statutes of Nevada, Page 196 (CHAPTER 149, SB 83)ê

 

 

 

 

Lien automatic; overriding

 

 

 

 

 

 

Transfers

 

 

 

 

 

 

 

 

 

Garnishment

 

 

 

 

 

 

 

 

 

 

Collection by suit

may be, shall immediately notify the commission and shall not complete such registration or issue such license, as the case may be, until the applicant therefor has obtained a use fuel tax permit as required by section 4 hereof.

      Sec. 11.  The excise tax, including any penalty or interest hereby imposed, shall constitute a lien upon and shall have the effect of an execution duly levied against, any motor vehicle in connection with which the taxable use is made, attaching at the time of such use. Such lien shall not be removed until such excise tax is paid or the motor vehicle subject to said lien is sold in payment of such excise tax, and shall be paramount to all private liens or encumbrances of whatever character upon such motor vehicle and to the rights of any conditional vendor or any other holder of the legal title in or to such motor vehicle.

      Sec. 12.  In the event the ownership of a motor vehicle subject to the lien provided for by section 11 hereof is transferred, whether by operation of law or otherwise, no certificate of registration or certificate of ownership with respect to such motor vehicle shall be issued by the motor vehicle department of the office of secretary of state to the transferee, or person otherwise entitled thereto, until after the commission has issued a certificate that such lien has been removed. No license issued under chapter 165 Statutes of Nevada 1933, as heretofore or hereafter amended, with respect to a motor vehicle which becomes subject to the lien provided for by section 11 hereof, shall be transferred until after the commission has issued a certificate that such lien has been removed.

      Sec. 13.  In the event that any user is delinquent in the payment of any obligation imposed hereunder, the commission may give notice of the amount of such delinquency by registered mail to all persons having in their possession or under their control any credits or other personal property belonging to such user, or owing any debts to such user, at the time of the receipt by them of such notice, and thereafter any person so notified shall neither transfer nor make other disposition of such credits, personal property or debts until the commission shall have consented to a transfer or disposition or until twenty days shall have elapsed from and after the receipt of such notice. All persons so notified must, within five days after the receipt of such notice, advise the commission of any and all such credits, personal property or debts, in their possession, under their control or owing by them, as the case may be.

      Sec. 14.  Whenever any user shall be delinquent in the payment of any obligation imposed hereunder, the commission may transmit notice of such delinquency to the attorney-general or the district attorney of the proper county who shall at once proceed to collect all sums due the state from such user by appropriate legal action.


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

ê1939 Statutes of Nevada, Page 197 (CHAPTER 149, SB 83)ê

 

shall at once proceed to collect all sums due the state from such user by appropriate legal action. In any suit brought to enforce the rights of the state hereunder, a verified claim by the commission showing the delinquency shall be prima facie evidence of the amount of such obligation; of such delinquency and of compliance by the commission with all provisions of this act relating to such obligation. In such action a writ of attachment may issue, and no bond or affidavit previous to the issuing of said attachment shall be required.

      Sec. 15.  The foregoing remedies of the state shall be cumulative and no action taken by the commission shall be construed to be an election on the part of the state or any of its officers to pursue any remedy hereunder to the exclusion of any other remedy for which provision is made in this act.

      Sec. 16.  If the commission is not satisfied with the report filed or amount of excise tax paid to the state by any user, it is hereby authorized and empowered to make an additional assessment of excise tax due from such user based upon any information available to it. Every such additional assessment shall bear interest at the rate of one percent (1%) per month, or fraction thereof, from the twenty-fifth day after the close of the month or months, as the case may be, for which the additional assessment is imposed until paid. If any part of the deficiency for which the additional assessment is imposed is found to have been occasioned by negligence or intentional disregard of this act or rules and regulations adopted hereunder, a penalty of ten percent (10%) of the amount of the additional assessment shall be added thereto. If any part of the deficiency for which the additional assessment is imposed is found to have been occasioned by fraud or an intent to evade this act or rules and regulations adopted hereunder, a penalty of twenty-five percent (25%) of the amount of the additional assessment shall be added thereto. The commission shall give to the user written notice of such additional assessment. Such notice may be served personally or by mail; if by mail, service shall be made in the manner prescribed by section 8920 Nevada Compiled Laws 1929, and addressed to the user at his address as the same appears in the records of the commission.

      Sec. 17.  If any user neglects or refuses to make a report as required by this act, the commission shall make an estimate, based upon any information available to it, for the month or months in respect to which such user failed to make a report of the amount of fuel used by such user and, upon the basis of such estimate, compute and assess the excise tax due from such user hereunder, adding to the sum thus determined a penalty equal to twenty-five percent (25%) thereof.

 

 

 

 

 

 

 

Remedies cumulative

 

 

 

Penalty on sign of fraud

 

 

 

 

 

 

 

 

 

 

 

 

Notice

 

 

 

 

Arbitrary charge and penalty


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

ê1939 Statutes of Nevada, Page 198 (CHAPTER 149, SB 83)ê

 

 

 

 

Notice

 

 

Review

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limitation

 

 

 

Refunds

 

 

 

 

 

 

Laches

Every such assessment shall bear interest at the rate of one percent (1%) per month, or fraction thereof, from the twenty-fifth day after the close of the month or months, as the case may be, for which such assessment is imposed until paid.

      The commission shall give to such user written notice of such assessment, the notice to be served personally or by mail in the same manner as prescribed for service of notice by the provisions of section 16 hereof.

      Sec. 18.  Any user against whom an assessment is made under the provisions of sections 16 and 17 hereof may petition for a reassessment thereof within fifteen days after service upon such user of notice thereof. If a petition for reassessment is not filed within said fifteen-day period, the assessment shall become final at the expiration thereof. If a petition for reassessment is filed within said fifteen-day period, the commission shall reconsider the assessment, and if such user has so requested in his petition, shall grant such user an oral hearing and shall give such user ten days’ notice of the time and place thereof. The commission shall have the power to continue the hearing from time to time as may be necessary. The order or decision of the commission upon a petition for reassessment shall become final fifteen days after service of notice thereof. Every remittance in payment of an assessment or reassessment shall be payable to the state treasurer. If any assessment or reassessment is not paid on or before the date it becomes final, there shall be added thereto, in addition to any other penalty herein provided, a penalty of ten percent (10%) of the amount of the tax.

      Sec. 19.  Except in the case of a fraudulent report, or neglect or refusal to make a report, every notice of additional excise tax proposed to be assessed hereunder shall be served on the user within two years after the claimed erroneous report was filed.

      Sec. 20.  If the commission determines that any excise tax, penalty or interest has been paid more than once, or has been erroneously or illegally collected or computed, the commission shall set forth that fact in its records and shall certify to the state board of examiners the amount collected in excess of what was legally due, from whom it was collected, or by whom paid to the state, and if the state board of examiners approves, such excess shall be credited on any amounts then due from such user under this act and the balance shall be refunded to such user, or his successors, administrators, executors or assigns, but no such credit or refund shall be allowed after two years from the date of overpayment, unless the user shall have filed with the commission a claim for such credit or refund within two years from the date of overpayment.


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

ê1939 Statutes of Nevada, Page 199 (CHAPTER 149, SB 83)ê

 

such credit or refund within two years from the date of overpayment. Every such claim must be in writing and must state the specific grounds upon which it is founded.

      Sec. 21.  In the event that any amount has been illegally or erroneously assessed against any user, the commission shall certify such fact to the state board of examiners, and if the state board of examiners approves, it shall authorize the cancelation of such amount upon the records of the commission; provided, however, claim must be made within two years, as provided in section 20 hereof.

      Sec. 22.  No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against this state, or against any officer thereof, to prevent or enjoin the collection under this act of any excise tax or other amount herein required to be collected; but after payment of any such excise tax or any such other amount under protest, duly verified and setting forth the grounds of objection to the legality thereof, filed with the tax commission at the time of payment of the tax protested, the user making the payment may bring an action against the state treasurer in the district court of the county of Ormsby for the recovery of the amount so paid under protest. No such action may be instituted more than ninety days after such payment under protest has been made and failure to bring suit within said ninety days shall constitute waiver of any and all demands against the state on account of alleged overpayments hereunder. No grounds of illegality shall be considered by the court other than those set forth in the protest filed at the time of such payment.

      If in any such action judgment is rendered for the plaintiff, the amount of the judgment shall first be credited on any excise tax or other amount due from the plaintiff under this act, and the balance of the judgment shall be refunded to the plaintiff. In any such judgment, interest shall be allowed at the rate of six percent (6%) per annum upon the amount found to have been illegally collected from the date of payment of such amount to the date of allowance of credit on account of such judgment or to a date preceding the date of the refund warrant by not more than thirty days, such date to be determined by the commission.

      In no case shall any judgment be rendered in favor of the plaintiff in any action brought against the state treasurer to recover any amount paid hereunder, when such action is brought by or in the name of an assignee of the user paying such amount.

      Sec. 23.  Every user in this state shall keep such records, receipts, invoices and other pertinent papers in such form as the commission may require.

 

 

Cancelation

 

 

 

 

Injunction proscribed

 

 

 

Payment under protest

 

 

 

 

 

 

 

 

Proceeds of judgment

 

 

Interest

 

 

 

 

No assignment

 


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

ê1939 Statutes of Nevada, Page 200 (CHAPTER 149, SB 83)ê

 

Records

 

 

 

 

 

 

Administration

 

 

 

 

Expense

 

 

 

Secrecy assured

 

 

 

 

 

 

 

 

 

 

Criminal punishment

 

receipts, invoices and other pertinent papers in such form as the commission may require.

      The commission, or its duly authorized agents, is hereby empowered to examine the books, papers, records and equipment of any user or person dealing in, transporting or storing fuel and to investigate the character of the disposition which any such user or person makes of such fuel in order to ascertain and determine whether all excise taxes due hereunder are being properly reported and paid.

      The commission is hereby charged with the enforcement of the provisions of this act and is hereby authorized and empowered to prescribe, adopt and enforce rules and regulations relating to the administration and enforcement hereof.

      The commission may employ such accountants, auditors, investigators, assistants and clerks as it may deem necessary for the efficient administration of this act and may fix their compensation and provide for their necessary expenses; provided, however, that no expenditure shall be made or obligation incurred under this section in excess of five percent (5%) of the amount collected under this act.

      Sec. 24.  It shall be unlawful for the commission, or any person having an administrative duty under this act, to divulge or to make known in any manner whatever the business affairs, operations, or information obtained by an investigation of records and equipment of any user or other person visited or examined in the discharge of official duty, or the amount or source of income, profits, losses, expenditures or any particular thereof set forth or disclosed in any report, or to permit any report or copy thereof or any book containing any abstract or particulars thereof to be seen or examined by any person except as provided by law; provided, however, that the governor may authorize examination of such reports by other state officers, by tax officers of another state, or the federal government, if a reciprocal arrangement exists, or by any other persons the governor may so authorize.

      Any violations of the provisions of this section shall be a misdemeanor and be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment not exceeding one year, or both, at the discretion of the court.

      Sec. 25.  In addition to any other penalties provided for herein, any person who shall refuse or neglect to make any report required by the provisions of this act, or who shall knowingly make, or aid, or assist any other person in making, a false statement in any such report, or in connection with any claim for refund filed under section 20 hereof, or who shall knowingly collect, or attempt to collect or cause to be repaid to himself or to any other person, any refund of any amount paid to the state hereunder without being entitled to the same, or who shall use fuel within this state without being the holder of an unrevoked use fuel tax permit, or who shall otherwise violate any of the provisions of this act, shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or by imprisonment in the county jail for not less than thirty days and not more than six months, or by both such fine and imprisonment.


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

ê1939 Statutes of Nevada, Page 201 (CHAPTER 149, SB 83)ê

 

any amount paid to the state hereunder without being entitled to the same, or who shall use fuel within this state without being the holder of an unrevoked use fuel tax permit, or who shall otherwise violate any of the provisions of this act, shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100) and not more than five hundred dollars ($500), or by imprisonment in the county jail for not less than thirty days and not more than six months, or by both such fine and imprisonment. Each day or part thereof during which any person shall use fuel within this state without being the holder of an unrevoked use fuel tax permit shall constitute a separate offense within the meaning of this section.

      Sec. 26.  It shall be unlawful for any person to deliver fuel which is to be consumed in propelling a motor vehicle on the highways of this state into, or place such fuel into, or cause such fuel to be delivered into, or placed into, any receptacle on such motor vehicle from which receptacle such fuel is supplied to propel such motor vehicle, knowing that the owner of such motor vehicle does not hold an unrevoked use fuel tax permit.

      Sec. 27.  All money received by the state treasurer pursuant to the provisions of this act shall be placed to the credit of the Nevada state highway fund. All costs of administration of this act, including amounts refunded under section 20 hereof, shall be paid from the Nevada state highway fund on claims presented by the commission, approved by the state board of examiners, and allowed and paid as other claims against the state are allowed and paid; provided, however, the amount of such claims shall not exceed, as aforesaid, five percent (5%) of the amount collected under this act.

      Sec. 28.  The tax herein imposed shall be in lieu of the tax imposed by chapter 74 Statutes of Nevada 1935, or any amendments thereto, in connection with fuel as herein defined; provided, however, nothing contained herein shall in any way affect any obligation which accrued under said chapter 74 Statutes of Nevada 1935, or any amendments thereto, prior to the effective date hereof; provided further, that in the event this act is repealed, and from the date of such repeal, the tax imposed by said chapter 74 Statutes of Nevada 1935, or any amendments thereto in connection with fuel shall be in full force and effect.

      Sec. 29.  If any section, subsection, sentence, phrase, or clause of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this act. The legislature hereby declares that it would have passed the remainder of this act irrespective of the fact that any such section, subsection, sentence, phrase, or clause of this act be adjudged invalid.

Overriding punishment

 

 

 

 

 

 

 

 

Abetting

 

 

 

 

 

Fund; receipts and disbursements

 

 

 

 

 

Negativing double tax

 

 

 

 

Negativing implied repeal

 

Separability clause


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

ê1939 Statutes of Nevada, Page 202 (CHAPTER 149, SB 83)ê

 

 

 

In effect

passed the remainder of this act irrespective of the fact that any such section, subsection, sentence, phrase, or clause of this act be adjudged invalid.

      Sec. 30.  This act shall become effective July 1, 1939.

 

________

 

CHAPTER 150, SB 132

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State parks commission, powers

 

 

Federal pattern

[Senate Bill No. 132–Senator Horsey]

 

Chap. 150–An Act to amend section 2 of “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.

 

[Approved March 24, 1939]

 

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, said act being chapter 200, page 421, of the Statutes of Nevada 1937, is hereby amended to read as follows:

      Section 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. Said commissioners are particularly given jurisdiction and authority to prohibit or regulate the sale of intoxicating liquors and gambling, and to regulate water pollution and sanitation in state parks. The said commissioners are authorized and directed, as far as the proposed state park to be located on Las Vegas wash on an arm of Lake Mead, Clark County, Nevada, is concerned (said state park being referred to in the bill by Senator Key Pittman-S. 2, 76th Congress, 1st Session-and in Assembly joint resolution No. 1 of the 1939 Session of the legislature of the State of Nevada), to make and enforce the same rules and regulations that are made and enforced by the United States government, through the department of the interior, or otherwise, in the Boulder canyon project reclamation reserve, sometimes described as the Boulder canyon recreational area, relative to the sale of intoxicating liquors, gambling, stream pollution, or sanitation.


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

ê1939 Statutes of Nevada, Page 203 (CHAPTER 150, SB 132)ê

 

and regulations that are made and enforced by the United States government, through the department of the interior, or otherwise, in the Boulder canyon project reclamation reserve, sometimes described as the Boulder canyon recreational area, relative to the sale of intoxicating liquors, gambling, stream pollution, or sanitation.

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

 

 

 

 

In effect

 

________

 

CHAPTER 151, SB 133

[Senate Bill No. 133–Senator Horsey]

 

Chap. 151–An Act authorizing and directing the governor of the State of Nevada to accept, on behalf of the state, any conveyance by the United States government of public lands for park, recreational, or other public purposes, and particularly the certain land described in S. 2 (76th Congress, 1st session), as therein or as hereafter may be described, and subject to conditions that are now or hereafter may be included in said S. 2, or any amendment thereof, or substitute therefor, and other matters properly relating thereto.

 

[Approved March 24, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The governor of the State of Nevada is hereby authorized and directed to accept on behalf of the state any conveyance by the United States government, whether it be by operation of statute or by United States patent, of public lands for park, recreational, or other public purposes, and the governor of the State of Nevada is particularly authorized and directed to accept such conveyance of that land described in S. 2 (76th Congress, 1st session), introduced by Senator Key Pittman and approved by Assembly joint resolution No. 1 of the 1939 session of the legislature of the State of Nevada, as therein or as may hereafter be described, and subject to the conditions that are now or hereafter may be included in S. 2, or any amendment thereof, or substitute therefor.

      Such acceptance may be made through a written communication to the secretary of the interior signed by the governor of the State of Nevada.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Governor authorized to accept lands

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 204ê

CHAPTER 152, Senate Substitute for Assembly Bill No. 21

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Chattel mortgages; stocks in trade added

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

[Senate Substitute for Assembly Bill No. 21–Committee on Judiciary]

 

Chap. 152–An Act to amend section 2 of an act entitled “An act to amend the title of an act entitled ‘An act concerning mortgages of personal property, providing for their recordation, and other matters relating thereto, and repealing all acts and parts of acts in conflict herewith,’ approved March 8, 1923, together with the acts amendatory thereof or supplemental thereto, and to amend sections 1, 2, 3, 4, and 5 of said act, and repeal sections 6, 7, and 7a thereof,” approved March 27, 1935.

 

[Approved March 24, 1939]

 

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 chapter 116 of the Statutes of Nevada 1935, pages 242 to 245, both inclusive, is hereby amended to read as follows:

      Section 2.  Mortgages may be made upon all agricultural crops, livestock, and upon any and all kinds of personal property and chattels except articles of wearing apparel and personal adornment, and upon the stock in trade of merchants.

      A chattel mortgage upon an agricultural crop may be executed as well before as after the crop is planted, and may be made for all agricultural crops planted and grown by the mortgagor during the life of the mortgage and until the obligation or debt for which the mortgage is given as security is extinguished or discharged; and when executed before the crop is planted, it shall be expressed in the mortgage that it is the intention of the parties that the same shall take effect upon the crop when planted. The lien of the mortgage upon an agricultural crop shall continue until after the crop shall be harvested, thrashed or baled, or otherwise prepared for market and delivered to the mortgagee or his order. For purposes of mortgaging crops, fruits, berries, emblements, and industrial crops (either annual or perennial), and either grown or growing, or to be planted, produced or grown within two years after the execution of any such mortgage, and things attached to or forming part of the land which may be severed therefrom under the terms of any such mortgage, shall be deemed to be personal property and mortgageable as such and in the manner provided by law.

      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.

 

________

 

 


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

ê1939 Statutes of Nevada, Page 205ê

CHAPTER 153, AB 184

[Assembly Bill No. 184–Committee on Education]

 

Chap. 153–An Act to amend an act entitled “An act giving the superintendent of public instruction authority to appoint a deputy in his office,” approved March 25, 1919.

 

[Approved March 24, 1939]

 

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 5868 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  The superintendent of public instruction shall have power under his hand and seal to appoint one deputy in his office who shall have the same qualifications required of deputy superintendents; the deputy so appointed shall perform all the work required by the state teachers retirement salary fund board in compliance with the act governing the same, assist in the work of the office, and do such work as the state board of education or the state superintendent may direct under the laws of the state. The salary of such deputy shall be two thousand seven hundred ($2,700) dollars per annum; and said deputy shall be allowed not to exceed five hundred ($500) dollars per annum for actual traveling and living expenses in the performance of his duties while absent from his place of residence. Said salary and expenses shall be paid in the same manner and from the same fund as those of the superintendent of public instruction are paid.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Superintendent of public instruction; office deputy

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 154, Senate Substitute for Assembly Bill No. 46

[Senate Substitute for Assembly Bill No. 46–Committee on Judiciary]

 

Chap. 154–An Act to amend section 142 of an act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other acts in relation thereto,” approved March 17, 1911.

 

[Approved March 24, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 142 of the above-entitled act, being section 8640 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 142.  The court may, in furtherance of justice, and on such terms as may be proper, enter an order or orders as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

Courts; discretionary powers


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

ê1939 Statutes of Nevada, Page 206 (CHAPTER 154, Senate Substitute for Assembly Bill No. 46)ê

 

 

 

 

Amendments

 

 

Time to plead

 

 

 

Opening defaults

 

 

 

Constructive service

 

 

 

 

 

“Personal service”

 

 

 

In effect

      (a) Permitting and allowing the amendment of any pleading by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect.

      (b) Allowing, upon motion supported by affidavit showing good cause therefor and after notice to the adverse party, an amendment to any pleading in other particulars.

      (c) Allowing, upon motion supported by affidavit showing good cause therefor and after notice to the adverse party, an answer or reply to be made after the time limited.

      (d) Extending the time for any pleading to be filed.

      (e) Relieving, upon motion supported by affidavit showing good cause therefor and after notice to the adverse party, a party or his legal representatives from a default, a judgment, an order, or other proceeding taken against him through his mistake, inadvertence, surprise or excusable neglect.

      (f) When a default judgment shall have been taken against any party who was not personally served with summons and complaint, either in the State of Nevada or in any other jurisdiction and who has not entered his general appearance in said action, the court, after notice to the adverse party, upon motion made within six months from the date of rendition of such judgment, may vacate such judgment and allow the party or his legal representatives to answer to the merits of the original action. When, however, a party has been personally served with summons and complaint, either in the State of Nevada or in any other jurisdiction, he must make his application to be relieved from a default, a judgment, an order, or other proceeding taken against him, or for permission to file his answer, in accordance with the provisions of subdivision (e) of this section.

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

 

________

 

CHAPTER 155, AB 288

 

[Assembly Bill No. 288–Clark County Delegation]

 

Chap. 155–An Act to amend an act entitled “An act to incorporate the town of Las Vegas, in Clark County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 16, 1911, as amended.

 

[Approved March 24, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of chapter I of the above-entitled act is hereby amended to read as follows:


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

ê1939 Statutes of Nevada, Page 207 (CHAPTER 155, AB 288)ê

 

      Section 2.  Territory adjoining and contiguous to the corporate limits of the city of Las Vegas may be annexed to said city with the tenements, property, and inhabitants thereof by the passage of an ordinance declaring said territory to be annexed; provided, however, that no territory shall be annexed unless a majority of the property owners of the district proposed to be annexed first petition the board of commissioners to annex said territory; and provided further, that no change in the boundaries of the city shall be made within sixty (60) days next preceding any general city election, and in no event oftener than every two years.

      Sec. 2.  Section 4 of chapter I of the above-entitled act is hereby amended to read as follows:

      Section 4.  The said city shall have and be vested with all the rights, powers, property, and things of every kind now belonging to the town of Las Vegas, and may have and use a common seal and the same alter at pleasure, and may purchase, receive, hold, and enjoy real and personal property within or without the city, and sell, convey, and dispose of the same for the common benefit; and may purchase, receive, hold and acquire, manage and enjoy, operate and maintain municipal waterworks and municipal power plants, electrical or otherwise, municipal swimming pools, or other public utility; and may determine and declare what are public uses, for the purpose of the city, and when the necessity arises or exists of condemning lands or property therefor; and what are the lands and property necessary to condemn; and may receive bequests, devises, gifts, and donations of all kinds of property, within or without the city, in fee simple or in trust, for charitable or other purposes, and do any, every, and all acts and things whatsoever necessary to carry out the purposes of such bequests, devises, gifts, and donations, with full power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of such bequests, devise, gift, donation, or trust.

      Sec. 3.  Section 2 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 2.  The elective officers of the city of Las Vegas shall consist of a mayor, four commissioners, a city clerk, a city attorney, and a judge of the municipal court.

      Sec. 4.  Section 3 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 3.  After said election, as above provided for, and on the first Tuesday after the first Monday in May 1913, and on the same day every two years thereafter, until the year 1927, there shall be elected at large by the qualified voters of the city of Las Vegas, at a general election to be held for that purpose, a mayor and four commissioners. Said officers, until the year 1927, shall hold office for a period of two years, and until their successors shall have been elected and qualified.

Las Vegas charter

 

 

 

 

Annexations

 

 

 

 

General power and capacity

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Officers

 

 

 

Elections


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

ê1939 Statutes of Nevada, Page 208 (CHAPTER 155, AB 288)ê

 

Elections

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1939 election

 

until their successors shall have been elected and qualified.

      On the first Tuesday after the first Monday in May 1927, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for the purpose, a mayor, who shall be elected and hold office for a period of four years, and until his successor shall have been elected and qualified. On the first Tuesday after the first Monday in May 1927, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, four commissioners, two of whom shall each be designated by an odd number and two of whom shall each be designated by an even number. The two commissioners designated by the odd numbers and so elected shall be elected and hold office for a period of four years, and until their successors are elected and qualified. The two commissioners designated by the even numbers and so elected shall be elected and hold office for a period of two years, and until their successors are elected and qualified.

      On the first Tuesday after the first Monday in May 1929, and on the same day every two years thereafter, there shall be elected at large by the qualified voters of said city, at a general election to be held for that purpose, two commissioners, who shall be elected and hold office for a period of four years, and until their successors are elected and qualified. At said general election to be held in May 1929, and on the same day every four years thereafter, there shall be elected at large by the qualified voters of said city a city clerk, who shall be elected and hold office for a period of four years, and until his successor is elected and qualified. On the first Tuesday after the first Monday in May 1939, and on the same day every two years thereafter there shall be elected at large by the qualified voters of the said city a city attorney and a judge of the municipal court, each of whom shall be elected and hold office for a period of two years, and until his successor is elected and qualified.

      The board of commissioners of said city shall, not later than the first Thursday in March of each year in which said general city election is to be held, order such general election, and shall determine the places in said city for holding the same, and the mayor of said city shall forthwith make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general laws of the state to provide for some feature of said city election, then the board of commissioners of said city shall have the power to provide for such deficiency. The four commissioners to be elected, as provided for in this act, shall be voted for and elected separately and shall be separately designated on the official ballot by numbering the same “1,” “2,” “3,” and “4.”


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

ê1939 Statutes of Nevada, Page 209 (CHAPTER 155, AB 288)ê

 

provided for in this act, shall be voted for and elected separately and shall be separately designated on the official ballot by numbering the same “1,” “2,” “3,” and “4.” Each person desiring to become a candidate for commissioner, as aforesaid, shall designate the number of the class to which he desires to become a candidate, and his name shall be printed on the official ballot beneath the number he selected, and each voter shall vote for only one candidate in each class.

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

      Section 5.  The county treasurer and ex officio tax receiver of the county of Clark shall be ex officio treasurer and tax receiver of the city of Las Vegas; the county assessor of the county of Clark shall be ex officio assessor of the city of Las Vegas; the city clerk of the city of Las Vegas shall be ex officio license collector of said city, and the board of commissioners shall allow each of said officers such deputies, assistants, or clerks as in their judgment the volume of work in each of said offices may require; such deputies, assistants, or clerks to receive such compensation as may be fixed from time to time by said board of city commissioners. The county treasurer, as ex officio tax receiver of the city of Las Vegas, and the county assessor of the county of Clark, as ex officio assessor of the city of Las Vegas, shall each receive as compensation fifty dollars ($50) a month.

      The county treasurer and county assessor of the county of Clark shall be liable on their official bonds for the faithful discharge of the duties imposed on them by this act. The board of commissioners may appoint a chief of police with a salary of not to exceed three thousand ($3,000) dollars per annum, payable in equal monthly installments; the board of commissioners may appoint such other officers as such board may, from time to time, ordain and establish, with the right to select the incumbent thereof, and prescribe the duties of such office. The compensation of the appointive officers shall be fixed, allowed, and paid by the board of commissioners out of such city funds as the board may designate. Any one or more of such appointive offices may, in the discretion of the board of commissioners, be combined and the duties thereof be discharged by one person. All county officers acting as city officers ex officio, and all other officers of the city, may act in the same manner and with like effect by their regularly appointed deputies.

      Sec. 6.  Section 6 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 6.  The mayor, each of the four commissioners, the city clerk, the city attorney, and the judge of the municipal court shall not be less than 25 years of age, citizens of the United States, and for at least two years immediately preceding their election residents of the city of Las Vegas, county of Clark, State of Nevada, qualified voters who are property owners and taxpayers on real estate or personal property, situate in the city of Las Vegas, county of Clark, State of Nevada, as shown on the assessment rolls of said city of Las Vegas, county of Clark, State of Nevada, on file in the office of the county assessor and ex officio city assessor of the county of Clark, State of Nevada, for at least two years immediately preceding the year in which said election is held.

 

 

 

 

 

 

 

 

County officers to act ex officio

 

 

 

 

 

 

 

 

 

 

 

 

Chief of police

 

 

Appointive officers

 

 

 

 

 

 

 

 

Qualifications


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

ê1939 Statutes of Nevada, Page 210 (CHAPTER 155, AB 288)ê

 

Qualifications

 

 

 

 

 

 

 

 

 

 

 

 

Term begins

 

 

 

 

Salaries

 

 

 

 

 

 

 

 

 

 

 

Vacancies

United States, and for at least two years immediately preceding their election residents of the city of Las Vegas, county of Clark, State of Nevada, qualified voters who are property owners and taxpayers on real estate or personal property, situate in the city of Las Vegas, county of Clark, State of Nevada, as shown on the assessment rolls of said city of Las Vegas, county of Clark, State of Nevada, on file in the office of the county assessor and ex officio city assessor of the county of Clark, State of Nevada, for at least two years immediately preceding the year in which said election is held. No incumbent commissioner shall be eligible for nomination or election to the office of mayor, but nothing herein contained shall be construed so as to prevent any commissioner from first resigning his office of commissioner and then becoming a candidate for the office of mayor. All officers made elective by the popular vote shall within twenty days after the result of the election is ascertained qualify as required by this charter and the constitution and laws of the State of Nevada, and enter upon the duties of their office on the first Monday in June of the year in which said general election is held, and failing to do so within said time, such office shall be and become vacant.

      Sec. 7.  Section 10 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 10.  From and after June 1, 1937, the elected city officers of the city of Las Vegas shall receive the following salaries and compensations: The mayor of the city of Las Vegas shall receive as remuneration for his services the sum of one hundred eighty ($180) dollars per annum; each of the city commissioners shall receive the sum of one hundred twenty ($120) dollars per annum; the city clerk shall receive the sum of twenty-four hundred ($2,400) dollars per annum; the city attorney shall receive the sum of twenty-four hundred ($2,400) dollars per annum; the judge of the municipal court shall receive the sum of twelve hundred ($1,200) dollars per annum; which shall be full compensation for all services rendered said city of Las Vegas. All salaries named in this section shall be payable in equal monthly installments.

      Sec. 8.  Section 14 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 14.  Resignation by the mayor or any commissioner, the city clerk, the city attorney, or judge of the municipal court, elected under this act, shall be made in writing to the board of commissioners for their action thereupon. In case of the removal of the domiciles of the mayor or any commissioner, the city clerk, the city attorney, or the judge of the municipal court, or any other charter officer from the territorial limits of said city, such removal shall ipso facto be deemed to create a vacancy in said office, and the same shall be filled for the unexpired term by a majority vote of the members, or remaining members, of the board of commissioners, although less than a quorum, who are present at a regular meeting.


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

ê1939 Statutes of Nevada, Page 211 (CHAPTER 155, AB 288)ê

 

the same shall be filled for the unexpired term by a majority vote of the members, or remaining members, of the board of commissioners, although less than a quorum, who are present at a regular meeting.

      Sec. 9.  Section 18 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 18.  The commissioner named as the head of each department shall audit all accounts or claims against it unless he is absent or fails or refuses to do so, in which event the mayor shall appoint another commissioner to act in his stead during his absence, or to audit such claims or accounts as said commissioner shall fail or refuse to act upon, but before payment all accounts shall be approved by the board of commissioners, and no money shall be paid for any purpose except upon warrant executed by the mayor and attested by the city clerk upon order of the board, and the commissioners shall cause complete and full records of all such claims and transactions to be kept by the city clerk in books secured for that purpose; and the board of commissioners shall cause to be published, in some newspaper published in the city of Las Vegas, once each month, the amounts of all bills allowed by them, together with the names of the persons to whom such allowances are made and for what such allowances are made. Said board of commissioners shall require a statement to be published, or caused to be posted, as may be designated by them, in January, April, July, and October of each year showing a full and clear and complete statement of all taxes and other revenue collected and expended during the preceding quarter, indicating the respective sources from which the moneys are derived, and also indicating the disposition made thereof, and all outstanding bonds and other obligations.

      Sec. 10.  Section 31 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 31.  The said board of commissioners shall have the power:

      1.  To make and pass all ordinances, resolutions, and orders, not repugnant to the constitution or statutes of the United States or of the State of Nevada, or to the provisions of this act, necessary for the municipal government and management of the city affairs, for the execution of all powers vested in the city, and for making effective the provisions of this act; and to enforce obedience to such ordinances with such fines or penalties as the said board may deem proper; provided, that the punishment of any offense shall be by a fine in any sum less than five hundred ($500) dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment.

      2.  To control the finances and property of the corporation.

 

 

 

 

 

Departmental audit

 

 

 

 

 

Approval warrants

 

 

 

 

 

Reports

 

 

 

 

 

 

 

 

 

Powers

 

Legislative

 


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

ê1939 Statutes of Nevada, Page 212 (CHAPTER 155, AB 288)ê

 

Fiscal

 

 

 

 

 

 

Bond limit

 

 

 

 

 

 

 

 

Scrip limit

 

 

 

 

Redemption

 

Utilities, how acquired, etc.

      3.  To appropriate the same for corporate purposes only, and to provide for the payment of all debts and expenses of the corporation.

      4.  To levy and collect taxes within the city for general and special purposes on real and personal property as provided by law.

      4a.  The board of commissioners shall each year levy and cause to be collected a tax not to exceed ten mills on the dollar of all taxable property of the city of Las Vegas for publicity purposes, the same to be placed in a fund known as “Publicity Fund.”

      5.  Subject to the general laws of the state relating to the issuance of bonds by municipalities, to borrow money on the credit of the city for corporation purposes, and to issue warrants and bonds therefor in such amounts and forms and on such conditions as the board of commissioners shall determine; and the board may secure the payment of any bonds of the city by making them preferred lien against the real or other property of the city; provided, that said city shall not issue nor have outstanding at any time bonds to an amount in excess of 20 percent of the total valuation of the taxable property within its limits, as shown by the last preceding tax list or assessment roll, nor shall said city have issued or outstanding at any time warrants, certificates, scrip, or other evidence of indebtedness, excepting the bonded indebtedness, in excess of 2 percent of said assessed valuation; and provided further, that nothing herein contained shall be construed to restrict the powers of said city as to taxation, assessment, borrowing money, contracting debts, or loaning its credit for procuring supplies of water.

      The said board shall provide for the payment of interest on such bonds as the same shall become due, and for a sinking fund for the payment of the principal within twenty years after issuing same. The board shall have the power to acquire or establish municipal water works, municipal power plants, municipal swimming pools, or any public utility, only in the manner herein provided.

      The board shall issue a proclamation which shall set forth briefly the supply of water, municipal water works, the municipal power plant, municipal swimming pool, or other public utility proposed to be acquired or established, the estimated cost thereof as shown by the report provided by the board and mayor, or an engineer or party theretofore appointed by the board for that purpose, the proposed bonded indebtedness to be incurred therefor, the terms, amount, rate of interest, and time within which redeemable, and on what fund. Such proclamation shall be published in full at least once a week for three consecutive weeks in some newspaper of general circulation published in the city, and shall state the date of the meeting at which said board will pass an ordinance providing for the acquiring or establishment thereof and the issuance of the bonds therefor.


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

ê1939 Statutes of Nevada, Page 213 (CHAPTER 155, AB 288)ê

 

newspaper of general circulation published in the city, and shall state the date of the meeting at which said board will pass an ordinance providing for the acquiring or establishment thereof and the issuance of the bonds therefor.

      At the first regular meeting of the board, or any recess or adjournment thereof, after the completion of said publication, the board shall proceed to enact an ordinance for such purposes, which shall conform in all respects to the terms and conditions of the previously published proclamation, and without submitting said question to the vote of the electors of said city; provided, however, that if a petition shall be presented to said board signed by qualified electors of said city equal in number to at least 10 percent of the number of votes cast in said city for representative in Congress at the last preceding general election, and as shown by the last preceding registration list, asking for a special election upon the question of whether or not the proposed ordinance shall be passed, then, and in that event, no such ordinance shall be enacted except pursuant to a special election called and held for such purpose and carried by a majority of the votes cast.

      Any ordinances thus passed providing for the acquiring or establishment of such municipal water works, municipal power plant, municipal swimming pools, or other public utility shall be valid (1) if passed by said board in the absence of the filing of a petition and election, or (2) if such petition be filed and election had, then if passed by said board by a majority vote in favor of said ordinance. The petition for an election herein referred to may be filed with said board at any time prior to the date of meeting set in said published notice; provided, however, that said board may submit such question to the vote of a special election if the board finds it convenient to do so; provided further, however, that even though no such petition be filed, or if at such election the question is carried by such majority vote, the said board may, in its discretion, abandon and discontinue all such proceedings to acquire or establish such municipal water works, municipal power plant, electrical or otherwise, municipal swimming pool, or other public utility upon adoption of a resolution to the effect that such board does not at such time deem it to the best interest of said city to acquire or establish such municipal water works, municipal power plant, electrical or otherwise, municipal swimming pool, or other public utility.

      In addition to the powers elsewhere conferred upon said board they shall also have the power, for the purpose of constructing sewerage systems, including disposal plants within the said city and waste mains therefrom, and said board is hereby authorized to issue bonds therefor not to exceed in the aggregate the sum of two hundred fifty thousand ($250,000) dollars, which said bonds shall be of convenient denominations, ranging from one hundred dollars to one thousand dollars, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable semiannually.

Notice of intention

 

 

Direct action

 

 

 

Proviso for referendum

 

 

 

 

 

 

 

Ordinance, when valid

 

 

 

 

 

May abandon plan

 

 

 

 

 

 

 

 

 

Sewerage bonds


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

ê1939 Statutes of Nevada, Page 214 (CHAPTER 155, AB 288)ê

 

 

 

 

 

 

 

 

 

 

Election

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax levy

board is hereby authorized to issue bonds therefor not to exceed in the aggregate the sum of two hundred fifty thousand ($250,000) dollars, which said bonds shall be of convenient denominations, ranging from one hundred dollars to one thousand dollars, and shall bear interest at the rate of not more than 7 percent per annum, the interest on each bond to be payable semiannually. Said bonds shall be numbered consecutively and have interest coupons attached in such manner that they can be removed upon any payment of any installment of interest on the bonds without injury to the bonds. The bonds shall be signed by the mayor and countersigned by the city clerk, and shall be distinctively known as “Las Vegas Sewerage Bonds.”

      Before issuing the said bonds, the said board shall publish a notice at least once a week for at least three consecutive weeks in some daily or triweekly newspaper published in the said city, calling for a special election by the regularly qualified electors of the city whether such bonds shall issue. Such notice shall state consecutively the amount of the proposed bond issue, the rate of interest bonds are to bear, time and manner of their payment, and that they are for the construction of a sewerage system and/or sewerage disposal plant, as the case may be. The board shall cause a sufficient number of ballots to be printed which shall bear the words: “Sewerage Bonds - Yes,” and “Sewerage Bonds - No,” printed thereon in parallel lines one above the other. The voter will scratch out the word “Yes” if opposed to the bonds, and the word “No” if in favor of the issue. The election shall be conducted and the votes announced in all several particulars as in other elections.

      If the majority of the votes cast are in favor of the issuance of the bonds, the said board of commissioners shall proceed at once to issue them as rapidly as needed in conformity with the provisions of this act. Said board may submit such question to the vote of the electors at a general city election instead of a special election if the board find it convenient so to do, in which event said notice, instead of calling for special election, shall specify that such question shall be voted on at the next general city election and such question shall, in the form above provided, be placed upon the general ballot at such general city election.

      Said bonds shall be sold at not less than their par value and shall be redeemable in the order of their issuance within twenty-five years from the date of issue. The said board shall provide for the payment of said bonds and the interest thereon at the time of regular tax levy for state and county and city purposes by levying an additional tax upon the property, real and personal, within the limits of the city, sufficient in their judgment to pay the interest upon said bonds semiannually as it becomes due, and the principal at such rate as will redeem all of the bonds within twenty-five years from the date of their issue; in which case the twenty-five years shall begin to run from the date of the particular bond to be paid.


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

ê1939 Statutes of Nevada, Page 215 (CHAPTER 155, AB 288)ê

 

bonds semiannually as it becomes due, and the principal at such rate as will redeem all of the bonds within twenty-five years from the date of their issue; in which case the twenty-five years shall begin to run from the date of the particular bond to be paid. The said taxes shall be assessed and collected the same as other taxes paid to the county treasurer, and by him placed in a fund to be known as the “Las Vegas Sewerage Fund.” All sewerage systems constructed under the provisions of this act shall be constructed under the supervision and control of the said board. The material may be purchased and work caused to be done directly by the board, or it may advertise for plans and specifications and bids for construction as they may see fit.

      6.  To issue bonds in place of or to supply means to meet maturing bonds or for the consolidation of or refunding of the same.

      7.  To divide the city into districts for the purpose of local taxation or to create districts for that purpose as occasion may require.

      8.  To raise revenue by levying and collecting a license fee or tax on any private corporation or business within the limits of the city, and to regulate the same by ordinance. All such licenses, fees, and taxes shall be uniform in respect to the class upon which they are imposed.

      9.  To fix the amount of licenses and the terms and manner of their issuance.

      10.  To fix, impose, and collect a license tax on and to regulate all character of lawful trades, callings, industries, occupations, professions, and business, conducted in whole or in part within the city, including all theaters, theatrical, or melodeon performances and performances of any, every, and all kinds for which an admission fee is charged; circuses, shows, billiard tables, pool tables, bowling alleys and exhibitions and amusements; provided, upon written application of any executive officer of any local post or unit of any national organization of ex-service men, acting in his official capacity, such license or licenses shall be issued without charge for not to exceed two weeks in any calendar year, where the local post or unit is to participate in such show or the proceeds thereof.

      To fix, impose, and collect a license tax on and regulate all taverns, hotels, auto camps, restaurants, chophouses, cafes, saloons, eatinghouses, lunch counters, barrooms, games and gaming houses, lodginghouses, accommodating four or more lodgers, manufacturers, laundries, livery stables, garages, automobiles and motor sales agencies, vulcanizing shops, battery service shops, sales stables, cattle or horse corrals, express companies, telegraph and telephone companies, oil wells or tanks, oil refineries, tanneries, foundries, brick yards, pressed-brick yards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city.

 

 

 

 

Fund

 

 

 

 

Other powers

 

 

 

 

 

 

 

 

Licenses


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

ê1939 Statutes of Nevada, Page 216 (CHAPTER 155, AB 288)ê

 

Licenses

 

 

 

 

 

 

 

 

 

 

 

 

 

Public morals

 

 

 

 

 

 

Trades, professions, business

yards, pressed-brick yards, manufacturers of concrete blocks, street railway companies operating in whole or in part within the city.

      To fix and impose and collect a license tax on and regulate auctioneers, stockbrokers, and stock exchanges.

      To fix, impose, and collect a license tax on, regulate, prohibit, or suppress barrooms, raffles, hawkers, peddlers, except those 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 barrooms, street fakers, street peddlers, except those above stated, fortune tellers, mediums, astrologers, palmists, clairvoyants, phrenologists, pawnshops, pawnbrokers, oil wells, oil tanks, oil refineries, soap manufacturers, brick yards, livery, feed, or sale stables, cattle or horse corrals, foundries and machine shops. To prohibit and suppress all dog fights, prize fights, cock fights, bear, bull or badger baits, sparring and sparring contests.

      Within said city and within one mile outside of the city limits to regulate, prohibit, and prescribe the location of and suppress all houses of ill-fame, hurdy-gurdy houses, bawdy-houses, and any and all places to which persons resort for lewd or lascivious purpose or purposes of lewdness or prostitution, including dancehouses having special attractions, such as music or otherwise; to license and regulate gambling as allowed by law, and to prohibit gambling in all its various forms.

      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, trades and traders of all kinds, hotels, butcher shops, slaughterhouses, wood and fuel dealers, coal dealers, ice dealers, refrigerating plants, ice manufacturers, sewing machine agents, marble and 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, paint or oil stores, bicycle shops, repair shops, cycleries, garages, newspapers or publications, advertising agencies, insurance companies, building and loan associations and companies, fire, life, and accident insurance 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, horseshoeing 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 or balls, or other mechanical device, bakeries, milliners, gunsmith shops, steam renovating works, dressmaking establishments, telephone companies, electric light, water, and power companies, bankers, brokers of any, every, and all kinds, electric supply houses, job printers,


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

ê1939 Statutes of Nevada, Page 217 (CHAPTER 155, AB 288)ê

 

telephone companies, electric light, water, and power companies, bankers, brokers of any, every, and all kinds, electric supply houses, job printers, manufacturers of soda water or other or any soft drinks, brewing companies, brewing agencies, patent medicine agencies, agencies of any and all kinds, wholesale houses, ore purchasers or brokers, sampling works, flour mills, city express and job wagons, draymen, secondhand stores, messenger service establishments, contractors or contracting mechanics or builders, sash and door factories, planing mills, machine shops, car shops, building and loan companies and agents and solicitors for 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 and all kinds, boot and shoe stores, furniture stores, drug stores, undertakers, glass and crockery stores, tamale stands or shops, abstract of title companies, title insurance companies, or persons furnishing abstract of title, iron works, notions and notion stores, pipe and tobacco stores, advertising by billboards, placards, and the like, bootblacks and bootblack stands, gun stores, sporting, hunting, and fishing tackle stores, jewelry stores, resorts for amusements of all kinds, and all and singular each, every, and any business, and all trades and professions, including attorneys, doctors, physicians, chiropractors, osteopaths, and dentists, and all character of lawful business or callings and not herein specifically named; provided, that in fixing licenses the board must make the same uniform as to each trade, calling, business, occupation or profession.

      11.  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 hacks, hackney, coaches, cabs, omnibuses, taxis, express wagons, drays, job wagons and other public vehicles, and to regulate their charges, and to require schedules of charges to be posted in or upon such public vehicles. To fix, impose and collect a license tax on, regulate, prohibit or suppress runners for hotels, taverns and other businesses.

      12.  To lay out, establish, open, alter, widen, extend, grade, narrow, vacate, or otherwise improve streets, alleys, avenues, sidewalks, parks and public grounds, and by ordinance require and provide for the macadamizing, oiling, curbing, grading, traveling and regrading, paving, draining, cleaning, repairing, lighting, surfacing or resurfacing the same.

      13.  To plant or direct and regulate the planting of ornamental shade trees, in, along, and upon streets, avenues, sidewalks, parks, and public grounds.

Trades, professions, business

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Streets and alleys

 

 

 

 


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

ê1939 Statutes of Nevada, Page 218 (CHAPTER 155, AB 288)ê

 

Streets and alleys

      14.  To regulate and control the use of streets, alleys, avenues, sidewalks, crosswalks, parks, and public grounds.

      15.  To prevent and remove obstructions and encroachments upon the same.

      16.  To provide for and regulate crosswalks, curbs and gutters.

      17.  To name streets, avenues, or other public places, and to change the names thereof.

      18.  To regulate or prohibit traffic and sale upon the streets, sidewalks, and in public places.

      19.  To regulate the use of sidewalks and all structures thereunder or thereover, and to require the owner or occupant of any property to keep sidewalks in front or along the same free from snow and other obstructions.

      20.  To regulate and prevent the throwing or disposing of the ashes, offal, dirt, garbage, or any offensive matter, in, and to prevent injury or obstruction to, any street, avenue, alley, park, or public ground.

      21.  To regulate or prohibit the use of streets, avenues, alleys, sidewalks, public buildings and grounds for signs, signposts, awnings, poles for the support of wires or cables, horse troughs or racks, or for posting handbills or advertisements.

      22.  To regulate or prohibit the flying of flags, banners, or signs across the street, or from buildings.

      23.  To regulate or prohibit the exhibition, distribution, or carrying of placards or handbills in the streets, avenues, alleys, public grounds, or upon the sidewalks.

      24.  To regulate the speed of horses and other animals, bicycles, automobiles, and other conveyances, and vehicles, and cars and locomotives within the city limits of the corporation, and to prescribe the length of time any street may be obstructed by trains being made, or cars standing thereon; and to prevent horseracing, immoderate driving or riding in the streets, alleys, avenues, and public places.

      25.  To compel persons to fasten animals attached to vehicles standing or remaining on the streets, alleys, avenues, and public places.

      26.  To regulate or prohibit any public demonstrations and processions.

      27.  To prevent or regulate the rolling of hoops, playing of ball, flying of kites, riding of bicycles or tricycles, or any other amusement or practice having a tendency to annoy persons passing in the streets, or on the sidewalks, or to frighten teams or horses.

      28.  To regulate the ringing of bells, blowing of horns and bugles, crying of goods by auctioneers and others, and the making of other noises for the purpose of business, amusements, or otherwise, and to prevent all orations, harangues, load outcries, performances, and devices tending to the collection of persons on the streets or sidewalks.


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

ê1939 Statutes of Nevada, Page 219 (CHAPTER 155, AB 288)ê

 

load outcries, performances, and devices tending to the collection of persons on the streets or sidewalks.

      29.  To construct and keep in repair bridges, viaducts, and tunnels, and to regulate the use thereof.

      30.  To permit, regulate, or prohibit the location, construction, or laying of the tracks of any railroad or tramway in any street, alley, avenue, or public place; and to grant franchises to persons or corporations to lay, maintain and operate in, upon, along, through, or across any street, alley, avenue, or any part or parts thereof, of said city or other public places therein, railroad tracks, and connecting and terminal tracks.

      30a.  To require every railroad and street railway company to keep the streets in repair between the tracks and along and within 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.

      31.  To declare a nuisance and take up and remove, or to cause to be taken up and removed, the tracks of any railway which shall have been laid upon, in, along, through, or across any of the streets, alleys, avenues, or public places of the city and which shall not have been operated with cars for public use for a period of one year after the laying thereof.

      32.  To require railroad companies to fence their respective railroads or any portion of the same, and to construct cattle guards, crossings of streets, alleys, avenues, and public places, and to keep the same in repair within the limits of the city.

      33.  To require railroad companies to provide protection against injury to persons or property; to compel said companies to raise or lower their tracks to conform to any grade which may at any time be established by such city, so that such tracks may be crossed at any place on any street, alley, or avenue; to compel railroad companies to make and keep open and to keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that the natural or artificial drainage on adjacent property shall not be impaired.

      34.  To provide for the lighting, sprinkling, and cleaning of the streets, alleys, avenues, sidewalks, crosswalks, parks, and public grounds.

      35.  To regulate the opening and use thereof for the laying of conduits, gas, or water mains, or pipes, and the building and repairing of sewers, tunnels, and drains.

      36.  To contract with, authorize or grant to any person, company, or association a franchise to construct, maintain, and operate gas, electric, or other lighting works in the city, and to give such persons, company, or association the privilege of furnishing light for the public buildings, streets, sidewalks, and alleys of said city.

Railroads, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Gas and electricity


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

ê1939 Statutes of Nevada, Page 220 (CHAPTER 155, AB 288)ê

 

 

 

 

 

 

 

 

Public works

and operate gas, electric, or other lighting works in the city, and to give such persons, company, or association the privilege of furnishing light for the public buildings, streets, sidewalks, and alleys of said city.

      37.  To provide for the lighting of streets, laying down of gas pipes, and erecting of lampposts; to regulate the use of gas, natural gas, and electric and other lights and electric power, and to regulate the inspection thereof.

      38.  To construct and maintain waterworks, gasworks, electric-light works, street railways, or bathhouses, or to authorize the construction and maintenance of the same by others, or to purchase or lease any or all of said works from any person or corporation.

      39.  To construct or authorize the construction of waterworks without the city limits for the supply of said city; and for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and over all reservoirs, streams, canals, ditches, pipes, flumes, and drains used in or necessary for the construction, maintenance, and operation of the same, and over the stream or source from which the water is taken, above the point from which it is taken, and to enact all ordinances and regulations necessary to carry the power herein conferred into effect.

      40.  To regulate and control the water and water courses, ditches, and flumes, within or leading to the city, and to regulate and control mill privileges within the city.

      41.  To construct, purchase, or lease, and maintain canals, ditches, flumes, artesian wells and reservoirs; and to purchase or lease springs, streams, or sources of water supply for the purpose of providing water for irrigation, domestic or other public purposes; and to prevent all waste of water flowing from artesian wells, and if necessary to secure said sources of water supply, to purchase or lease the land from or upon which said water has been appropriated or applied. Also, to purchase, acquire or lease stock in ditch, canal, reservoir, or water companies for the purpose of providing water for such city and the inhabitants thereof.

      42.  To fix the rate to be paid for the use of water furnished by the city.

      43.  To purchase, construct, lease, rent, manage, and maintain any system or part of a system of waterworks, hydrants, and supplies of water, telegraphic fire signals, or fire apparatus, and to pass all ordinances, penal or otherwise, that shall be necessary for the full protection, maintenance, management, and control of the property so leased, purchased or constructed.

      44.  To regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and to prescribe what qualifications shall be had by persons following said trade.


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

ê1939 Statutes of Nevada, Page 221 (CHAPTER 155, AB 288)ê

 

cisterns, areas, hydrants, pumps, sewers, gutters, and plumbing; to provide for a board of examiners to examine into the fitness and qualifications of persons following the plumbing trade, and to prescribe what qualifications shall be had by persons following said trade.

      45.  To establish markets and markethouses and to provide for the regulation and use thereof.

      46.  To provide for the place and manner of sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions, and regulate the selling of the same.

      47.  To provide for and regulate the inspection of meats, fruits, poultry, fish, butter, cheese, lard, vegetables, flour, meal, milk and all other provisions.

      48.  To provide for the inspection, measurement or graduation of any merchandise, manufacture, or commodity, and to appoint the necessary officers therefor.

      49.  To provide for the inspection, and sealing of weights and measures.

      50.  To enforce the keeping and use of proper weights and measures by vendors. To provide for and regulate the manner of weighing all food products and foodstuffs, and hay, grain, straw, ice, and coal, and the measuring and selling of firewood and 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 appoint the necessary officers therefor.

      51.  To declare what shall be a nuisance, and to abate the same, and to impose fines upon parties who may create, continue, or suffer nuisances to exist.

      52.  To provide for and regulate the location, management, and construction of packinghouses, tanneries, canneries, renderies, bone factories, slaughterhouses, butcher shops, soap factories, foundries, breweries, livery stables and blacksmith shops in or within one mile of the limits of the corporation.

      53.  To prohibit any offensive or unwholesome business or establishment in or within one mile of the limits of the corporation; to compel the owner of any pigsty, privy, barn, corral, sewer, or other unwholesome or nauseous house or place to cleanse, abate or remove the same, and to regulate the location thereof.

      54.  To make regulations to secure the general health of the city, to prevent the introduction of contagious, infectious, malignant diseases into the city, and to make quarantine laws, and regulations, and to enforce the same within the corporate limits, and within twelve miles thereof. To create a board of health and prescribe the powers and duties of the same.

Plumbing

 

 

 

Markets and food

 

 

 

 

 

Inspection of commodities

 

 

Weights and measures

 

 

 

 

 

 

 

Nuisances

 

 

 

 

 

 

 

 

 

Public health


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

ê1939 Statutes of Nevada, Page 222 (CHAPTER 155, AB 288)ê

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Indigents

 

 

 

 

Libraries

 

 

Fire control

 

 

 

 

Building control

a board of health and prescribe the powers and duties of the same.

      55.  To purchase, hold and pay for lands within or without the city limits for the burial of the dead and all necessary grounds for hospitals, and to erect, maintain, and mange suitable buildings thereon, and to have and exercise police jurisdiction over the same and over any cemetery used by the inhabitants of said city; and to survey, plat, map, fence, ornament, and otherwise improve all public burial and cemetery grounds; and to convey cemetery lots owned by the city, and pass rules and ordinances for the protection and government of said grounds; to vacate public burial and cemetery grounds, to prohibit subsequent burials therein and to provide for the removal therefrom of all bodies which may have been interred therein.

      56.  To regulate the burial of the dead and the registration of births and deaths; to direct the return and keeping of bills of mortality, and to impose penalties on physicians, sextons and others for default therein.

      57.  To provide for the burial of the indigent dead and to pay the expenses thereof.

      58.  To authorize the taking and to provide for the safekeeping and education, for such periods of time as may be expedient, of all children who are destitute or without proper parental care.

      59.  To establish, maintain, and regulate free public libraries and reading rooms as is or may be provided by law, and to perpetuate free libraries and reading rooms as may have been heretofore established in said city.

      60.  To define fire limits and prescribe limits within which no buildings shall be constructed, except if it be of brick, stone, or other incombustible material, without permission, and to cause the destruction or removal of any building constructed or repaired in violation of any ordinance, and to cause all buildings or enclosures which may be in a dangerous state to be put in a safe condition or removed.

      61.  To prescribe the manner of constructing stone, brick, and other buildings and the construction of fire escapes; and to cause all buildings used for public purposes to be provided with sufficient and ample means of exit and entrance, and to be supplied with necessary and appropriate appliances for the extinguishment of fires, to prevent the overcrowding thereof and to regulate the placing and use of seats, chairs, benches, scenery, curtains, blinds, screens or other appliances therein.

      62.  To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, heaters, ovens, furnaces, boilers, and appurtenances used in and about buildings and manufactories, and cause the same to be removed or placed in a safe condition.


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

ê1939 Statutes of Nevada, Page 223 (CHAPTER 155, AB 288)ê

 

buildings and manufactories, and cause the same to be removed or placed in a safe condition.

      62a.  To adopt by reference and to enforce any uniform building code and/or electrical code.

      63.  To regulate and prevent the carrying on of manufacturing likely to cause fires, and to prevent the deposit of ashes in unsafe places.

      64.  To regulate and prohibit the keeping of any lumber yard and the placing or piling or selling of any lumber, timber, wood, or other combustible material within the fire limits of the city.

      65.  To regulate or prevent the storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, nitroglycerine, petroleum, or any of the products thereof, and other combustible or explosive material, and the use of lights in stables and other places, and the building of bonfires.

      66.  Except as otherwise provided by law, to provide for the organization and support of a fire department; to procure fire engines, hooks, ladders, buckets, and other appurtenances; and to organize fire engine and hook and ladder companies and to prescribe rules, duties, and government therein with such penalty as the board may deem proper, and to make all necessary appropriations therefor; and to establish regulations for the prevention and extinguishment of fires.

      67.  To provide for the inspection and to regulate the use of steam boilers; to provide for the examination, regulation, and licensing of stationary engineers and others having charge or control of stationary engines, boilers, or steam-generating apparatus, or elevators within the corporate limits of the city.

      68.  To prohibit cruelty to animals.

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

      70.  To provide for the punishment of persons disturbing the peace and good order of the city or any lawful assembly by clamor or noise or by intoxication, fighting, or using obscene or profane language, or otherwise violating the public peace by indecent or disorderly conduct, or by lewd or lascivious behavior, and to punish the interference with any city officer in the discharge of his duty; also, to provide for the punishment of trespass, and such other petty offenses as the board may deem proper.

      71.  To provide for the punishment of tramps, common street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.

Building control

 

 

 

 

 

 

 

 

 

 

 

 

Fire department

 

 

 

 

 

 

 

 

 

 

Animals

 

 

 

Public peace


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

ê1939 Statutes of Nevada, Page 224 (CHAPTER 155, AB 288)ê

 

Vagrants

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Jails, etc.

 

 

 

 

 

Opium dens

 

 

 

 

Property

street beggars, common prostitutes, habitual disturbers of the peace, pickpockets, gamblers, thieves, or persons who practice any game, trick or device with intent to swindle.

      72.  To arrest, fine or set to work on the streets or elsewhere all vagrants, mendicants, and persons found in said city without visible means of support or some legitimate business.

      73.  To prevent intoxication, fighting, quarreling, dog fights, cock fights, prize fights, bull fights, and also all disorderly conduct which tends to violate the peace and quietude of any individual or individuals within the city, and to provide against and to prevent the offenses of assault and battery and petit larceny; restrain riots, routs, noises, disturbances, or disorderly assemblies in any street, house, or place in the city; to regulate and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous or combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of public buildings. To provide against or prevent the offense of obtaining money or property under false pretenses or the offense of embezzling money or property in all cases where the money or property embezzled or obtained by false pretenses does not exceed in value the sum of fifty dollars. The provisions of this subdivision are separate and distinct from the provisions of subdivision No. 70 of this section.

      74.  To regulate and prohibit the carrying of concealed weapons.

      75.  To establish, erect, and maintain city jails, houses of correction and detention and workhouses for the confinement of persons convicted of violating any city ordinance, and to make rules and regulations for the government of the same, and to appoint necessary jailers and keepers; and to use the county jail for the confinement or punishment of offenders subject to such conditions as are imposed by law and with the consent of the board of county commissioners.

      76.  To punish for keeping, maintaining, or becoming an inmate of, visiting or in any way contributing to the support of any place, house or room where persons assemble for the purpose of smoking opium, or inhaling the fumes of opium, or where opium is sold for such purposes.

      77.  To provide for and regulate the numbering of houses and lots.

      78.  To purchase, receive, hold, sell, lease, convey and dispose of property, real and personal, for the benefit of the city, either as sole owner or as tenant in common, with the county of Clark, State of Nevada, both within and without the city boundaries; and as such sole owner or as such tenant in common to improve, operate, regulate, and protect such property, and to do all other things in relation thereto which natural persons might do; provided, that the board shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.


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

ê1939 Statutes of Nevada, Page 225 (CHAPTER 155, AB 288)ê

 

shall not have the power to mortgage, hypothecate, or pledge any property of the city for any purpose.

      79.  To erect and maintain all needful buildings for the use of the city.

      80.  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.

      80a.  To authorize, by ordinance, officers of the city police department to direct all traffic in accordance with the provisions of the traffic ordinances of the city, except in times of emergency, at which times such officers may, by such ordinance, direct the traffic as public safety or public convenience may require.

      80b.  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 board of city commissioners to enforce or maintain any right of the city, and they may, in like manner, defend all actions against the city; to institute and maintain any suit to foreclose liens or otherwise against any property owner refusing or neglecting to pay, as assessed by the board of city commissioners, his ratable proportion of the cost of paving, grading, or otherwise improving any city street or building, or any sidewalk or other improvement which benefits the property of the owner thereof. All such suits, actions, and proceedings shall be instituted, commenced, prosecuted, and defended, as the case may be, by the city attorney, without additional compensation.

      80c.  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 in, along, over, under, and across the streets, alleys, and public places; 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, alleys, or public places.

      80d.  To provide punishment for and suppress the unlawful sale, storage or keeping, offering or exposing for sale or barter, manufacture, storage or keeping, or other disposal of intoxicating liquors within the said city or within one mile outside of the city limits.

      80e.  Whenever ten (10) per centum or more of the qualified voters resident within the corporate limits of the city of Las Vegas, as shown by the number of votes cast for mayor at the last preceding election at which a mayor was elected for such city, shall by petition, in writing, presented to such board, express their wish that any act be done or ordinance be passed, the board of commissioners shall cause a special election to be held as provided by law, unless the submission of such proposition or propositions, at the next general, city, county, or state election, may appear to such board more practicable and economical.

 

 

 

 

 

 

Traffic control

 

 

 

Maintain and defend suits

 

 

 

 

 

 

 

 

Conduits, etc.

 

 

 

 

 

Liquor control

 

 

 

Initiative, referendum, etc.


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

ê1939 Statutes of Nevada, Page 226 (CHAPTER 155, AB 288)ê

 

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

 

Sidewalks

 

 

 

 

Blanket clause

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

board, express their wish that any act be done or ordinance be passed, the board of commissioners shall cause a special election to be held as provided by law, unless the submission of such proposition or propositions, at the next general, city, county, or state election, may appear to such board more practicable and economical. At which election such proposition, or propositions, shall be submitted to the people at such general or special election, as the case may be, in a brief and concise manner so as to be readily understood by the ordinary person of common understanding, and if a special election, it shall be conducted in the manner now provided by law for the conduct of special elections; provided, however, the said board may, at its discretion, give effect to such wish by appropriate action in that behalf if within the limits of the powers granted by this charter. At the conclusion of any election at which any proposition or propositions were so submitted to the people, the said board is hereby authorized, empowered and directed to give, by such appropriate act as may be necessary, full force and effect to each, all, and every choice or wish so expressed at such election if within the limits of powers granted by this charter.

      80f.  To require the construction and repair of sidewalks by the owners of abutting lots, and to construct and repair the same at city expense; provided, however, that if the expense thereof shall be paid by the city, the same shall constitute a lien upon the property and shall be paid by direct payment, special assessment, or as other city taxes are levied and collected.

      81.  To adopt and enforce by ordinance all such regulations, in case no express provisions is in this charter made, as the board of city commissioners may from time to time deem expedient and necessary for the promotion and protection of health, comfort, safety, life, welfare, and property of the inhabitants of the said city, the preservation of peace and good order, the promotion of public morals and the suppression and prevention of vice in the city, and to pass and enact ordinances of any other subject of municipal control or to carry into force or effect any further powers of the city, and to do and perform any, every, and all acts and things necessary or required for the execution of the powers conferred or which may be necessary to fully carry out the purpose or intent thereof.

      Sec. 10.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 11.  This act shall become effective immediately upon its passage and approval.

 

________

 

 


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

ê1939 Statutes of Nevada, Page 227ê

CHAPTER 156, SB 141

[Senate Bill 141–Committee on Public Highways]

 

Chap. 156–An Act to amend the title of and to amend an act entitled “An act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing for official inspectors and salary and allowances therefor, providing penalties for the violation hereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith; and other matters properly connected therewith,” approved March 23, 1933, as amended; approved March 28, 1935, as amended; approved March 24, 1937.

 

[Approved March 24, 1939]

 

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 is hereby amended to read as follows:

      An act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for filing of reports, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith; and other matters properly connected therewith.

      Sec. 2.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 3.  None of the provisions of this act shall apply to any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Motor carrier act; new title


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

ê1939 Statutes of Nevada, Page 228 (CHAPTER 156, SB 141)ê

 

Applies to what

 

 

 

 

 

 

 

 

 

 

 

Provisos

 

 

 

 

 

 

 

 

 

 

 

Licenses

to any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada; nor to United States mail carriers operating star routes when not engaged in other business as a common or contract carrier; nor to city or town draymen and private motor carriers of property operating within a five-mile radius of the limits of a city or town; nor to the transportation of livestock and/or farm products to market by the producer thereof, or such producer’s employee, or merchandise and/or supplies for his own use in his own motor vehicle; nor to the transportation of children to and from school, and the transportation of passengers in chartered motor vehicles on educational or sight-seeing tours; provided, however, only five such trips shall be allowed any one person during any calendar year; nor to the transportation of contractor’s own equipment in his own motor vehicle from job to job, nor to the transportation of ore or minerals or mining supplies in the producer’s own vehicle; provided, however, only one vehicle having an unladened weight not exceeding 15,000 pounds, or three vehicles whose combined unladened weight does not exceed 15,000 pounds, shall be exempted for the transportation of ore or minerals or mining supplies; nor to any person engaged in transporting his own personal property in his own motor vehicle of an unladened weight of not to exceed 5,000 pounds; provided, any such person shall not transport his own goods, wares and merchandise, other than livestock or farm produce, for the purpose of sale or resale without first securing the license in this act provided, and paying a license fee therefor of $25, which said fee shall be the only license fee required of such person notwithstanding any other provision of this act to the contrary; provided further, only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption; and provided further, nothing in this particular clause shall be construed as applying to tractor-trucks, trailer, or semitrailers, but shall be deemed to apply to motor trucks.

      Sec. 3.  Section 6 of the above-entitled act is hereby amended to read as follows:

      Section 6.  (a) The public service commission of Nevada is hereby vested with the power and authority, and it shall be its duty to license, supervise and regulate every common motor carrier of property and/or of passengers in this state in all matters affecting the relationship between such carriers and the traveling and shipping public over and along the public highways of this state. All laws relating to the powers, duties, authority and jurisdiction of the public service commission of Nevada over common carriers are hereby made applicable to all such motor carriers except as in this act otherwise specifically provided; provided, all transportation charges made by any common motor carrier of property and/or of passengers shall be just and reasonable.


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

ê1939 Statutes of Nevada, Page 229 (CHAPTER 156, SB 141)ê

 

applicable to all such motor carriers except as in this act otherwise specifically provided; provided, all transportation charges made by any common motor carrier of property and/or of passengers shall be just and reasonable. Nothing herein contained shall be construed to prohibit the issuance by any carrier subject to this act of free or reduced rate transportation to its own officers, commission agents, employees, attorneys, physicians and surgeons and members of their families, to ministers of religion, inmates of hospitals or charitable institutions, or persons engaged in charitable work, or persons or property engaged or employed in educational, scientific or patriotic work when permitted by the public service commission; or to members of said commission and the employees thereof when traveling upon official business; or to indigent, destitute or homeless persons and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to witnesses attending any legal investigation in which such carrier is interested; to persons injured in accidents or wrecks and physicians and nurses attending such persons; provided, that the term “employees,” as used herein, shall include furloughed, pensioned and superannuated employees and persons who have become disabled or infirm in the service of any such carrier, and persons traveling for the purpose of entering the service of any such carrier. Nothing herein contained shall be construed to prohibit the interchange of free or reduced rate transportation of persons or property between the carriers subject to this act and common carriers by rail or otherwise subject to regulation in any respect by said commission or by any other state or federal regulatory tribunal, for the officers, agents, employees, attorneys, physicians and surgeons of such other carriers, and the members of their families, in all cases where the interchange of such free transportation is permitted by the interstate commerce act or any other federal statute; nor shall anything herein contained be construed to prohibit the carriage, free or at reduced rates, of persons or property for the United States or any state, county or municipal government, or for charitable purposes, or for patriotic purposes, or to provide relief in cases of common disaster, or for contractors and their employees, material or supplies for use in carrying out their contract with any such carrier subject thereto; nor to prohibit any carrier subject hereto from transporting, storing and handling, free or at reduced rates, any household goods and personal property of employees or persons entering or leaving its service, or persons killed or dying while in its service, or of employees or officers of any other carrier subject to the jurisdiction of the public service commission.

Licenses

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso


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

ê1939 Statutes of Nevada, Page 230 (CHAPTER 156, SB 141)ê

 

Procedure

 

 

 

 

 

 

 

 

 

Contract carrier permits

      (b) When a complaint has been filed with the commission alleging that any vehicle is being operated without a certificate of convenience and necessity as required by this act, or when the commission has reason to believe that this act is being violated, it shall be the duty of the commission to investigate such operations and the commission shall have power after a hearing to make its order requiring the owner or operator of such vehicle to cease and desist from any operation in violation of this act; and it shall be the duty of the commission to enforce compliance with such order under the powers vested in the commission by this act or law.

      Sec. 4.  The above-entitled act is hereby amended by the addition thereto of a new section to be designated as section 9 1/2.

      Section 9 1/2.  It shall be unlawful for any contract carrier of passengers or property to act as such within this state in intrastate commerce without first having obtained a permit therefor; provided, that if any such carrier or predecessor in interest has secured on or before the effective date of this act, from the public service commission of Nevada, a license to act as a contract carrier of passengers for the year 1939, the commission shall issue such permit without further proceedings, if application for such permit is made on or prior to November 1, 1939, upon forms to be furnished by the commission. Pending determination of any such application, the continuance of such operation shall be lawful. Applications for such permits for new operations as a contract carrier shall be made to the commission, in writing, shall be verified under oath, and shall be in such form and be accompanied by such information as the commission may require. A permit shall be issued to any qualified applicant therefor, authorizing in whole, or in part, the operation covered by the application, if it appears from the application or from any hearing held thereon that the applicant is fit, willing and able properly to perform the service of a contract carrier by motor vehicle and to conform to all provisions of this act and the lawful requirements and regulations thereunder, and that the proposed operation will be consistent with the public interests, otherwise the application shall be denied; provided further, that no terms, conditions, or limitations shall restrict the right of the carrier to substitute or add contracts within the scope of the permit, or to add to his or its equipment and facilities, within the scope of the permit, as the development of business and the demands of the public may require.

      Sec. 5.  Section 12 of the above-entitled act is hereby amended to read as follows:

      Section 12.  All motor carriers coming within the terms of this act, operating either in intrastate or interstate commerce, except such carriers as are specifically exempted in section 3 of this act, and motor convoy carriers, shall, on or before the 20th day of each month,


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

ê1939 Statutes of Nevada, Page 231 (CHAPTER 156, SB 141)ê

 

of this act, operating either in intrastate or interstate commerce, except such carriers as are specifically exempted in section 3 of this act, and motor convoy carriers, shall, on or before the 20th day of each month, file with the public service commission of Nevada on forms to be prescribed by it, a sworn statement of the name and address of the owners of the motor vehicles operated over the public highways of this state by such carrier, the motor and/or serial number of each vehicle, the manufacturer’s rated capacity of each vehicle, the unladened weight of each vehicle as shown by a public weighmaster’s certificate, the number of miles of public highway in this state over which such motor vehicle or vehicles shall have operated during the preceding month, the tonnage carried during the preceding month, and such information as the public service commission may require. Any carrier who shall willfully fail or refuse to fill out and return the required forms shall be subject to the penalty as prescribed in section 15 of this act. The public service commission of Nevada is hereby authorized to adopt rules covering the procedure, regulation and administration of the provisions of this act, and shall prescribe forms for all applications, certificates, permits, licenses and license plates for the use of prospective applicants, and shall make regulations for the filing thereof.

      Sec. 6.  Section 13 of the above-entitled act is hereby amended to read as follows:

      Section 13.  All motor carriers coming within the terms of this act, except such carriers and/or persons mentioned in section 3 of this act, to whom shall have been issued the certificate, permit, and/or licenses provided by this act, may transfer or assign such certificates, permits, and/or licenses to another qualified under this act, but no such transfer and/or assignment shall be valid for any purpose unless and until application for permit to make such transfer shall be made to the public service commission by the transferer, accompanied by an application of the transferee to be substituted for said transferer of said certificates, permits, and/or licenses subject of such transfer. The commission, in its discretion, may direct that a hearing be had in the matter of such transfer, which hearing may be noticed and conducted in like manner with other hearings before the commission. If the commission shall determine that a transfer and/or assignment of any certificate, permit, and/or license, permitted herein to be transferred or assigned, will not operate to defeat the purposes of this act and/or deny to the State of Nevada reasonable compensation for the use of its highways as in this act provided, the commission shall order such transfer to be made when it is satisfied that the purposes of this act will not be defeated by the transfer of the certificate, permit, and/or license; provided, no transfer shall be valid beyond the life of the certificate, permit, and/or license transferred; provided, however, the commission may, under such rules and regulations it may deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof in cases where a vehicle is discarded and/or removed from service on the public highways; provided, new license plates be secured from the commission and a fee of two ($2) dollars be paid for each set of plates so secured.

Record of exemption

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of rights


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

ê1939 Statutes of Nevada, Page 232 (CHAPTER 156, SB 141)ê

 

 

Limit

 

 

 

New plates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Revocability

 

 

 

 

 

 

 

 

 

 

 

 

Penalty

purposes of this act will not be defeated by the transfer of the certificate, permit, and/or license; provided, no transfer shall be valid beyond the life of the certificate, permit, and/or license transferred; provided, however, the commission may, under such rules and regulations it may deem advisable, permit the transfer of a license from one motor vehicle to another by the owner thereof in cases where a vehicle is discarded and/or removed from service on the public highways; provided, new license plates be secured from the commission and a fee of two ($2) dollars be paid for each set of plates so secured. Upon application for refund to the public service commission by any person who has heretofore paid the required license fees, as prescribed in this act, claiming that the license fees so paid have unlawfully been collected, the commission will immediately commence an investigation to determine if the application for refund is justified, and may in its discretion conduct a hearing in the same manner as other hearings are conducted. If, after investigation or hearing, the commission finds that the refund as claimed is justified in whole or in part, it shall authorize the state controller to draw his warrant for the sum of said refund and the state treasurer is hereby authorized to pay the said warrant of the said state controller. The said refund shall be taken and paid from the state highway fund then remaining in the state treasury.

      Sec. 7.  Section 14 of the above-entitled act is hereby amended to read as follows:

      Section 14.  No certificate of convenience and necessity, permit, and/or license issued in accordance with the terms of this act shall be construed to be either a franchise or irrevocable. The commission may at any time, for good cause shown, suspend, and upon at least five days’ notice to the grantee of any certificate, permit, and/or license and upon a hearing had therefor, revoke such certificate, permit, and/or license; provided, any person aggrieved by the order of the commission revoking such permit may within thirty days commence an action in the district court of Ormsby County against said commission to vacate and set aside such order on the ground that such order is unlawful or unreasonable. The proceedings thereafter shall be governed by the provisions of section 33 of the public service commission act, i. e., section 6133 Nevada Compiled Laws 1929.

      Sec. 8.  Section 15 of the above-entitled act is hereby amended to read as follows:

      Section 15.  Any person who shall operate any carrier to which this act applies without first obtaining a certificate, permit, and/or license or in violation of the terms thereof, or who fails to make any return or report required by this act or by the commission under the terms of this act, or every person who violates or procures, aids or abets in the violating of any provision of this act, or who fails to obey any order, decision or regulation of the commission, or who procures or aids or abets any person in this failure to obey such order,


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

ê1939 Statutes of Nevada, Page 233 (CHAPTER 156, SB 141)ê

 

every person who violates or procures, aids or abets in the violating of any provision of this act, or who fails to obey any order, decision or regulation of the commission, or who procures or aids or abets any person in this failure to obey such order, decision or regulation shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment; provided, however, that the public service commission may, in its discretion, where a license fee provided for in this act shall remain unpaid for more than fifteen days and the person or persons liable therefor refuse to pay the same for any reason, direct that a civil action be commenced in a court of competent jurisdiction in the proper county for the recovery of such license fee, and the district attorney upon direction of the attorney-general shall commence such action in the name of the state, and all laws relating to civil actions in this state shall be applicable thereto.

      Sec. 9.  Section 18 of the above-entitled act is hereby amended to read as follows:

      Section 18.  (1) The payments for the licenses provided in this act shall be made in accordance with the following schedule of fees: (a) For each motor vehicle defined in this act used in the carrying of passengers or passengers and light express up to five hundred (500) pounds, fifty ($50) dollars flat rate, plus ten ($10) dollars for each passenger-carrying capacity of such vehicle, up to and including ten passengers; over ten passengers fifty ($50) dollars flat rate, plus twelve ($12) dollars for each passenger-carrying capacity of such vehicle, exclusive of the driver, as rated by the manufacturer thereof; provided, each motor vehicle operated by a taxicab motor carrier as hereinbefore defined, a flat fee of twenty-five ($25) dollars only; provided further, no unladened weight license fee, hereinafter provided for, shall be assessed on passenger-carrying vehicles; (b) for each motor vehicle defined in this act, except as hereinafter provided, carrying property or both property and passengers, other than those described above in subsection (a) hereof, twenty ($20) dollars flat rate; (c) for each trailer twenty ($20) dollars flat rate; (d) for each semitrailer and automobile tractor, twenty ($20) dollars flat rate; provided, that each semitrailer and automobile tractor be deemed two operating units for the purposes of the flat rate fee and the unladened weight fee hereinafter provided for; (e) motorcycles with side car attached used in carriage of property, twenty ($20) dollars flat rate; provided, no unladened weight license fee to be assessed.

 

 

 

 

 

 

 

 

 

 

Suit

 

 

 

 

 

Schedule of fees


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

ê1939 Statutes of Nevada, Page 234 (CHAPTER 156, SB 141)ê

 

Overriding fee

      (2) In addition to the foregoing flat rate, a license fee based upon the unladened weight or major fraction per one hundred pounds thereof of the motor vehicle is hereby fixed according to the following schedule of fees, and shall be paid at the same time, and in addition to the said flat rates, on all motor vehicles defined in this act, except motorcycles with side cars attached and motor vehicles used exclusively in the carrying of passengers, or passengers and light express up to five hundred (500) pounds up to and including five thousand (5,000) pounds, one and fifty one-hundredths ($1.50) dollars per one hundred (100) pounds unladened; five thousand and one (5,001) pounds and not over ten thousand (10,000) pounds, one and fifty-five one-hundredths ($1.55) dollars per one hundred (100) pounds unladened; ten thousand and one (10,001) pounds and not over eleven thousand (11,000) pounds, one and sixty one-hundredths ($1.60) dollars per one hundred (100) pounds unladened; eleven thousand and one (11,001) pounds and not over twelve thousand (12,000) pounds, one and sixty-five one-hundredths ($1.65) dollars per one hundred (100) pounds unladened; twelve thousand and one (12,001) pounds and not over thirteen thousand (13,000) pounds, one and seventy one-hundredths ($1.70) dollars per one hundred (100) pounds unladened; thirteen thousand and one (13,001) pounds and not over fourteen thousand (14,000) pounds, one and seventy-five one-hundredths ($1.75) dollars per one hundred (100) pounds unladened; fourteen thousand and one (14,001) pounds and not over fifteen thousand (15,000) pounds, one and eighty one-hundredths ($1.80) dollars per one hundred (100) pounds unladened; fifteen thousand and one (15,001) pounds and not over sixteen thousand (16,000) pounds, one and eighty-five one-hundredths ($1.85) dollars per one hundred (100) pounds unladened; sixteen thousand and one (16,001) pounds and not over seventeen thousand (17,000) pounds, one and ninety one-hundredths ($1.90) dollars per one hundred (100) pounds unladened; seventeen thousand and one (17,001) pounds and not over eighteen thousand (18,000) pounds, one and ninety-five one-hundreds ($1.95) dollars per one hundred (100) pounds unladened; eighteen thousand and one (18,001) pounds and not over nineteen (19,000) pounds, two ($2) dollars per one hundred (100) pounds unladened; nineteen thousand and one (19,001) pounds and not over twenty thousand (20,000) pounds, two and ten one-hundredths ($2.10) dollars per one hundred (100) pounds unladened; twenty thousand and one (20,001) pounds and over, two and twenty-five one-hundredths ($2.25) dollars per one hundred (100) pounds unladened; provided, that such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and/or property; (f) the weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by the public weighmaster as hereinafter provided; provided, should any motor vehicle within the terms of this act be changed in any respect after the weighing thereof, and which said change shall increase the unladened weight thereof, the said commission may require another weighing thereof and additional fees paid thereon.


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

ê1939 Statutes of Nevada, Page 235 (CHAPTER 156, SB 141)ê

 

place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and/or property; (f) the weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by the public weighmaster as hereinafter provided; provided, should any motor vehicle within the terms of this act be changed in any respect after the weighing thereof, and which said change shall increase the unladened weight thereof, the said commission may require another weighing thereof and additional fees paid thereon. Every vehicle required to be weighed by the provisions of this act shall be weighed annually at the time of the securing of the license therefor, and a certificate of the unladened weight shall accompany the application for the annual license, and also upon the commencing of operations by any person not theretofore licensed under this act.

      (3) Every “motor convoy carrier” as hereinbefore defined shall be required to be licensed, and the fee therefor shall be as follows: For each motor vehicle driven, towed or carried by any motor convoy carrier, or driven singly, as set forth in section 2 of this act, a flat fee of seven dollars and fifty ($7.50) cents shall be paid by the person or persons engaged in such motor convoy carriage, for which said fee the said public service commission shall issue for each motor vehicle driven, towed, carried or driven singly by such motor convoy carrier, a distinctive certificate to the effect that such motor vehicle may be driven, towed, or carried, as the case may be, over and along the public highways of this state, from the point of entry into the state, or point of origin of such carriage within the state, to the destination within the state, or to the point of departure from the state; provided, no such certificate shall be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever, nor transferable from the motor convoy carrier to whom issued to any other person whatsoever. Such certificate shall be effective for the uses and purposes for which issued until the sale, exchange or delivery of the motor vehicle by the motor convoy carrier to another person; provided, such certificate shall not be effective beyond the current year in which issued. No unladened weight license fee shall be assessed on any motor vehicle driven, towed or carried under the provisions of this section nor shall any license plates be issued for any such motor vehicle by the public service commission or any other state department; provided further, no registration plates, dealers’ plates, or any other license plates whatsoever, or any license or certificate, other than the said certificate provided in this section, issued by this or any other state, shall be deemed or construed to permit any convoying of motor vehicles as in this act defined, nor shall such certificate be deemed or construed as a license for the operation of any motor vehicle used in the carrying of the motor vehicle for which said certificate was issued or is required; provided, nothing in this act contained shall be construed to prohibit a manufacturer or dealer within this state from delivering under a manufacturer’s or dealer’s license plates at any point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license.

Unladened weight

 

 

 

 

 

 

 

 

 

 

 

Convoys


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

ê1939 Statutes of Nevada, Page 236 (CHAPTER 156, SB 141)ê

 

 

 

 

 

 

 

 

 

Prorate fee

 

 

 

 

Trip permits

 

 

 

 

 

 

 

 

 

 

In effect

be deemed or construed to permit any convoying of motor vehicles as in this act defined, nor shall such certificate be deemed or construed as a license for the operation of any motor vehicle used in the carrying of the motor vehicle for which said certificate was issued or is required; provided, nothing in this act contained shall be construed to prohibit a manufacturer or dealer within this state from delivering under a manufacturer’s or dealer’s license plates at any point within or without the state any motor vehicle sold or exchanged, or to be sold or exchanged, by him that theretofore was not acquired by such manufacturer or dealer under a motor convoy carrier license.

      (4) And it is further provided, that all motor vehicle carriers, as hereinbefore defined in this act, except “motor convoy carrier,” commencing operation on and after the first day of July shall be liable for and shall pay only one-half of the license fee provided in this section for each motor vehicle required to be licensed herein, which said license shall expire at the same time as the full-year license.

      (5) A nonresident owner or operator of a vehicle coming within the provisions of this act shall have the option in lieu of causing such vehicle to be licensed under this act and paying the annual license fees by applying for a trip permit to be issued forthwith upon payment of a fee equal to five percent (5%) of the annual license fee; provided, however, that the minimum fee for such trip shall not be less than $3 per vehicle. Trip permits shall authorize operation over the public highways of this state for a period of not more than forty-eight (48) consecutive hours; provided further, that not more than three such permits shall be issued in any calendar year at the above rates to the same nonresident. All such trip permits shall be evidenced by stickers which shall be displayed on the windshield of the vehicle, or otherwise, as specified by the commission.

      Sec. 10.  This act shall become effective from and after July 1, 1939.

 

________

 

CHAPTER 157, AB 209

 

 

 

 

 

 

 

 

 

 

Prison support

[Assembly Bill No. 209–Mr. Cahill]

 

Chap. 157–An Act making a supplementary appropriation for the support of the Nevada state prison.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated the additional sum of $15,050 (fifteen thousand fifty dollars) out of any money in the state treasury not otherwise appropriated for the general support of the Nevada state prison for the fiscal year ending June 30, 1939.


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

ê1939 Statutes of Nevada, Page 237 (CHAPTER 157, AB 209)ê

 

money in the state treasury not otherwise appropriated for the general support of the Nevada state prison for the fiscal year ending June 30, 1939.

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

 

 

In effect

 

________

 

CHAPTER 158, AB 214

[Assembly Bill No. 214–Mr. Carroll]

 

Chap. 158–An Act for the relief of Gabriel Pahor.

 

[Approved March 25, 1939]

 

      Whereas, Gabriel Pahor was manufacturing wine in his own winery, on his own vineyard, in Clark County, Nevada, in the year 1935; and

      Whereas, He was required by the commissioners of Clark County to obtain a beer wholesale license and to use beer stamps on the wine; and

      Whereas, By reason thereof he was required to purchase eighty ($80) dollars worth of stamps which could not be used for that purpose and were not used; and

      Whereas, The liquor revenue department of the State of Nevada has obtained from said Gabriel Pahor the sum of eighty ($80) dollars for the use of said stamps; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The administrative department of the state tax commission of the State of Nevada is hereby authorized and directed to refund to the order of Gabriel Pahor the sum of eighty ($80) dollars.

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

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Liquor refunds

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 238ê

CHAPTER 159, AB 188

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nevada museum and art institute board

 

 

 

 

 

 

 

 

State institution created

 

Objects and powers

[Assembly Bill No. 188–Mr. Amodei]

 

Chap. 159–An Act establishing the Nevada museum and art institution; creating a board of control therefor; providing for the reception, collection, preservation, housing, care, display and exhibit of examples of the useful and fine arts, sciences and industries, relics, products, works, records, rare and valuable articles and objects, the property of the State of Nevada or to be obtained through gifts, loans, purchases or accession; defining the duties and powers of said board and the duties of other institutions and agencies in relation thereto; making an appropriation to carry out the purposes of this act; repealing certain acts; and other matters properly relating thereto.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Within thirty days after this act shall take effect the governor is directed to appoint and constitute the Nevada museum and art institute board, hereafter referred to as the “board.” Said board shall consist of three members, one of whom shall be appointed for two years, one for three years and one for four years, and until their respective successors are appointed. Thereafter, on the expiration of the respective first terms, vacancies shall be filled by appointment for the term of four years. If vacancies occur by death, resignation or otherwise, they shall be filled by appointment for the unexpired term. The members shall serve without salary or other compensation, but they shall be reimbursed for their actual expenses and outlays paid or incurred in the performance of their duties.

      Sec. 2.  The Nevada museum and art institution, hereafter referred to as the “institution,” is hereby established as an institution of the State of Nevada. The general objects and powers of the institution are as follows:

      (a) To receive, collect, exchange, preserve, house, care for, display and exhibit examples of the useful and fine arts, sciences and industries, relics, products, works, records, rare and valuable articles and objects, including drawings, etchings, lithographs, paintings, statuary, sculpture, fabrics, furniture, implements, machines, geological and mineral specimens, precious and semiprecious and commercial minerals, metals, earths, gems, and stones; books, papers, records, and documents of historic, artistic, literary, or industrial value or interest by reason of rarity, representative character, or otherwise, and particularly, but not exclusively, respecting the State of Nevada. The foregoing enumeration is not exclusive of other general objects and purposes appropriate to a public museum and art institution.


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

ê1939 Statutes of Nevada, Page 239 (CHAPTER 159, AB 188)ê

 

      (b) Said property may be received and collected from any and all appropriate property of the State of Nevada, or from accessions, gifts, exchanges, loans or purchases from any other agencies, persons or sources.

      (c) The said property shall be housed, preserved, cared for and displayed or exhibited in the museum and art institute of said institution, to be located at the state capital, Carson City, Nevada; provided, however, that nothing herein shall prevent the retention, placing, housing or exhibition of a portion of said property, temporarily, in other places or locations within or without the State of Nevada in the sole discretion of the board.

      Sec. 3.  The board shall elect its own chairman and secretary from among the membership, shall have its office at Carson City, Nevada, and shall have powers, duties and discretions as follows:

      (a) To petition for, apply to and negotiate with the government of the United States and its officers, departments, heads, agents and representatives, for the purpose of acquiring, or acquiring the use of, the United States mint premises and buildings at Carson City, Nevada, for the purposes of this act; in whole or in part, by either gift, purchase, rental, loan, license or permit, running to the State of Nevada, and to arrive at a plan or plans for financing or payment in connection with the same and for fulfilling the obligations of this state in respect of the same. Also to negotiate and contract with the United States and its officers, departments, heads, agents and representatives for work, labor, undertakings and projects and including matters incident thereto in connection with the alterations, improvements, operation, conduct and maintenance of the premises used for purposes of the museum and art gallery and all property which may be under the supervision of the board herein created; the said board to have full power and supervision of said property and the operation and conduct thereof.

      (b) To furnish, heat, light, remodel, repair, alter, erect and to supervise the furnishing, remodeling, repairing, alteration and erection of the said United States mint premises and buildings or other premises and buildings which may be conveyed to or made available for the State of Nevada for said institution and purposes. To that end they may make and obtain plans and specifications and let and supervise contracts for work or have said work done on force account or day labor, supplying material and/or labor, or otherwise as they may see fit, subject, however, to all existing laws. They shall have the power to audit and approve all bills, claims and accounts respecting said institution, and the same shall be paid out of any appropriation made herein or which shall be available for the purpose, in the same manner as claims against this state are paid.

 

 

 

Museum location

 

 

 

 

 

 

 

 

Power of board

 

 

Building

 

 

 

 

 

 

 

 

 

 

Contracts


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

ê1939 Statutes of Nevada, Page 240 (CHAPTER 159, AB 188)ê

 

Further powers of board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Admittance fee

      (c) To negotiate and consult with and agree with other institutions, departments, officers and persons or corporations of and in the State of Nevada and elsewhere respecting quarters for and the preservation, care, transportation, storing, custody, display, and exhibit of articles and things controlled by the institution and respecting the terms and cost thereof, the manner, time, place and extent thereof, and the return thereof. Any property of the State of Nevada now on exhibit or display at any world’s fair or any exposition, or which may hereafter be placed on display or on exhibition at any world’s fair or exposition, shall be taken into custody by the board on the conclusion of such world’s fair or fairs, exposition or expositions, and placed and kept in such museum and art institute after the close of such exposition or expositions, subject, however, to be removed and exhibited again at the discretion of the board; provided, however, that the regents of the University of Nevada shall control the university collection, as aforesaid.

      (d) To manage and control the institution, officers, and the museum and art gallery thereof so as to attain and carry out the purposes and objects of this act. To employ and fix the duties, powers, compensations and conditions of employment of all curators, assistants, janitors, laborers, guards and employees of the institution, subject to all applicable laws respecting wages, hours and conditions of labor, service and employment.

      (e) To receive and accept and obtain by exchange in the name of the State of Nevada all sums, donations and property donated or given in exchange to the State of Nevada or the institution for the purposes of this act and all property loaned for preservation, care, display or exhibit, or to decline and reject the same in its discretion, and to undertake to be responsible for all property loaned to the institution or to make just payment of reasonable costs or rentals therefor; to purchase or obtain the use of property and things, exhibits and displays for the institution; to govern, manage and control the exhibit and display of all property and things of the institution at other exhibits, expositions, world’s fairs, and places of public or private exhibition and to make rules respecting the charging of any admittance price or fee to see such displays or exhibits, either at the museum or art gallery of the institution or elsewhere; provided, however, that no rule shall permit the charging of any admittance fee or price beyond the necessary outlay for presenting the exhibit (excluding all overhead or capital charges or charges for permanent employees) and no rule shall permit the charging of any admittance price or fee whatever to see the permanent exhibits or displays in the museum or art gallery at the state capital.


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

ê1939 Statutes of Nevada, Page 241 (CHAPTER 159, AB 188)ê

 

      Sec. 4.  There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of five thousand dollars ($5,000) for the purpose of this act for the period from June 30, 1939, to July 1, 1941.

      Sec. 5.  Nothing in that certain act entitled, “An act providing for a state board of control, defining their duties and powers, and repealing all acts in conflict therewith,” approved March 20, 1933, shall be deemed to prevent the board created by this act from establishing its office in the museum or art gallery of the institution nor to prevent the board from furnishing or equipping the same or from retaining any property under its control or from exercising discretion respecting the need to dispose of the same or from recommending to the board of control the sale of any property under the control of the board created by this act. The state board of control under the said act approved March 20, 1933, shall not transfer or sell any property placed by this act under the custody of the board created by this act unless the board created by this act shall so request by a majority vote of its members, specifying the articles, terms and conditions of sale; provided, that the institution has the power and authority to trade, exchange and transfer exhibits and duplicates thereof when it deems proper and such transactions shall not be deemed sales.

      Sec. 6.  All acts and parts of acts in conflict with this act are hereby repealed.

      Sec. 7.  This act shall go into effect immediately upon its passage and approval.

Appropriation

 

 

Free from state board of control

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 242ê

CHAPTER 160, AB 118

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cosmeticians

 

 

 

Fees to state

[Assembly Bill No. 118–Mr. Davidson]

 

Chap. 160–An Act to amend an act entitled “An act to regulate the occupations and practices of hairdressers and cosmeticians, cosmetologists, and the branches of cosmetology; to create the state board of cosmetology, and to provide for the issuance by said board of certificates of registration and licenses entitling the holders thereof to engage in and to teach such occupations and practices; to insure the better education of hairdressers and cosmeticians; to provide for rules regulating the proper conduct and sanitation of cosmetological establishments, schools of cosmetology, and places where the occupations of hairdressers and cosmeticians are practiced; prescribing penalties for the violation of the provisions of this act,” approved March 27, 1931, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 13 of the above-entitled act is hereby amended to read as follows:

      Section 13.  Each applicant for examination for determining his or her fitness to receive a certificate of registration as a hairdresser and cosmetician shall pay to the board a fee of ten dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of five dollars.

      The fee for examination in permanent waving shall be seven and one-half dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of five dollars.

      The fee for examination as an electrologist shall be ten dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of seven dollars and a half.

      The fee for examination as a manicurist shall be five dollars, and for each reexamination (other than a second examination, for which no fee shall be required) a fee of two dollars and a half.

      Each demonstrator, as herein defined, must obtain a license to engage as such in this state before engaging in the business of demonstrator, by which said license the board shall receive the sum of fifteen dollars and for each annual renewal thereof the sum of two dollars and fifty cents.

      Each applicant referred to in this section shall, in addition to the fees herein specified, pay to the board the reasonable value of all supplies necessary to be used in the examinations or examination herein provided for.


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

ê1939 Statutes of Nevada, Page 243 (CHAPTER 160, AB 118)ê

 

to the fees herein specified, pay to the board the reasonable value of all supplies necessary to be used in the examinations or examination herein provided for.

Charges

 

________

 

CHAPTER 161, AB 177

[Assembly Bill No. 177–Mr. Davidson]

 

Chap. 161–An Act to amend section 2 of an act entitled “An act to regulate traffic on the highways of this state, to provide punishment for violation thereof, and other matters properly connected therewith,” approved March 21, 1925.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the said act entitled above, being section 4351 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  It shall be unlawful for any person or persons, while either intoxicated or under the influence of intoxicating liquor, or of stimulating or stupefying drugs, to drive or conduct any vehicle on any street or highway in this state. Any person who shall violate the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not less than 30 days nor more than 90 days, or the person so convicted shall be deprived of his license to operate a car in this state for a period of not less than 30 days nor more than one year; upon a subsequent conviction for an offense under the provisions of this section, the person so convicted shall be punished by imprisonment in the county jail for not less than 30 days nor more than 90 days and in addition thereto shall be deprived of his license to operate a car in this state for a period of not to exceed one year. No judge or justice of the peace, in imposing such sentence, shall suspend the same or any part thereof.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Motor vehicles

 

Intoxication

 

Penalty

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 244ê

CHAPTER 162, AB 305

 

 

 

 

 

 

 

 

 

 

 

University engineering building

 

 

 

 

 

 

 

 

 

Bonds

 

 

Fund

 

 

 

Tax levy

 

 

 

Redemption

[Assembly Bill No. 305–Committee on Ways and Means]

 

Chap. 162–An Act to provide for the erection and equipment of an engineering building at the University of Nevada; providing for the issuance and sale of bonds therefor and the redemption thereof.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The governor, state controller, and state treasurer are hereby constituted a commission and hereby authorized, directed, and empowered to prepare and issue bonds of the State of Nevada in the sum of one hundred seventy-five thousand ($175,000) dollars. Said bonds shall be in denominations of five hundred ($500) dollars each, payable in legal tender of the United States and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor, and endorsed by the state treasurer, and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at a rate of not to exceed three percent (3%) per annum, payable semiannually, that is to say on the first day of January and on the first day of July of each year, and shall be payable within twenty years from the date of issuance.

      Sec. 2.  Upon the issuance and execution of said bonds the same shall be sold to the highest and best bidder, giving preference to the State of Nevada; provided, that said bonds shall not be sold for less than par; and provided further, that any and all bids may be rejected. When so sold the state controller shall place the proceeds of said sale in a fund to be known as the university engineering building fund. At least eighteen of said bonds of five hundred ($500) dollars each shall be redeemed each year, commencing July 1, 1940, and annually thereafter on same date.

      Sec. 3.  There shall be annually levied an ad valorem tax of three-fourths (3/4) of one cent on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the university engineering building interest and redemption fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. If after the payment of interest and the redemption of the number of bonds as herein provided for there shall remain a surplus in said fund such surplus shall be used for the retirement and cancelation of additional bonds provided in this act to the amount of such surplus.


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

ê1939 Statutes of Nevada, Page 245 (CHAPTER 162, AB 305)ê

 

      Sec. 4.  The board of regents of the University of Nevada is hereby authorized and directed to erect an engineering building at the University of Nevada and to provide for the heating and lighting, water and sewer connections and equipping of said building. The cost of said building and the construction thereof, together with the heating and lighting, water and sewer connections and all equipment thereof, shall not exceed the sum of one hundred seventy-five thousand ($175,000) dollars.

      Sec. 5.  All bills for the employment of architect and for the erection, and the heating and lighting, water and sewer connections of said building and equipment thereof shall be paid out of the university engineering building fund, herein provided for in section 2, upon bills approved by the board of regents of the University of Nevada, and audited and approved by the board of examiners of the State of Nevada, as other claims against the state are paid.

      Sec. 6.  This act shall be in full force and effect from and after its passage and approval.

Construction

 

 

 

 

 

Claims

 

 

 

 

 

In effect

 

________

 

CHAPTER 163, AB 304

[Assembly Bill No. 304–Committee on Ways and Means]

 

Chap. 163–An Act to provide for the erection and equipment of a gymnasium building at the University of Nevada; providing for the issuance and sale of bonds therefor and the redemption thereof.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The governor, state controller, and state treasurer are hereby constituted a commission and hereby authorized, directed and empowered to prepare and issue bonds of the State of Nevada in the sum of two hundred thousand ($200,000) dollars. Said bonds shall be in denominations of five hundred ($500) dollars each, payable in legal tender of the United States and shall be numbered serially, and when retired shall be retired in order of their issuance. Said bonds shall be signed by the governor, and endorsed by the state treasurer, and countersigned by the state controller, and authenticated by the great seal of the state. Said bonds shall bear interest at a rate of not to exceed three percent (3%) per annum, payable semiannually, that is to say on the first day of January and on the first day of July of each year, and shall be payable within twenty years from the date of issuance.

 

 

 

 

 

 

 

 

 

 

 

University gymnasium

 


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

ê1939 Statutes of Nevada, Page 246 (CHAPTER 163, AB 304)ê

 

Bonds

 

 

 

 

 

 

Tax

 

 

 

 

 

 

 

 

Construction

 

 

 

 

 

Claims

 

 

 

 

 

In effect

      Sec. 2.  Upon the issuance and execution of said bonds the same shall be sold to the highest and best bidder, giving preference to the state of Nevada; provided, that said bonds shall not be sold for less than par; and provided further, that any and all bids may be rejected. When so sold the state controller shall place the proceeds of said sale in a fund to be known as the university gymnasium building fund. At least twenty of said bonds of five hundred ($500) dollars each shall be redeemed each year, commending July 1, 1940, and annually thereafter on the same date.

      Sec. 3.  There shall be annually levied an ad valorem tax of eighty-four one hundredths (84/100) of one cent on each one hundred dollars of taxable property in the State of Nevada, including the net proceeds of mines, and all moneys derived therefrom shall be paid into the university gymnasium building interest and redemption fund, which shall be used for the purpose of paying interest and the annual redemption of the bonds authorized by this act. If after the payment of interest and the redemption of the number of bonds as herein provided for there shall remain a surplus in said fund such surplus shall be used for the retirement and cancelation of additional bonds provided in this act to the amount of such surplus.

      Sec. 4.  The board of regents of the University of Nevada is hereby authorized and directed to erect a gymnasium building at the University of Nevada and to provide for the heating and lighting, water and sewer connections and equipping of said building. The cost of said building and the construction thereof, together with the heating and lighting, water and sewer connections and all equipment thereof shall not exceed the sum of two hundred thousand ($200,000) dollars.

      Sec. 5.  All bills for the employment of architect and for the erection and the heating and lighting, water and sewer connections of said building and equipment thereof shall be paid out of the university gymnasium building fund, herein provided for in section 2, upon bills approved by the board of regents of the University of Nevada, and audited and approved by the board of examiners of the State of Nevada, as other claims against the state are paid.

      Sec. 6.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

 


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

ê1939 Statutes of Nevada, Page 247ê

CHAPTER 164, AB 309

[Assembly Bill No. 309–Washoe County Delegation]

 

Chap. 164–An Act authorizing clerks for justice courts in townships having fifteen thousand or more population, fixing the duties of said clerks, and other matters relative thereto.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  In any township in this state wherein the population, at the last preceding census, was fifteen thousand or more, the board of county commissioners shall appoint a clerk for the justice’s court of said township, and provide compensation therefor not to exceed the sum of one hundred ($100) dollars per month upon the written nomination and recommendation of the duly elected, qualified and acting justice of the peace of the said township. Said justice’s clerk shall take the constitutional oath of office and give bond in the sum of two thousand ($2,000) dollars for the faithful discharge of the duties of the office, and in the same manner as is or may be required of other officers of such township and county. Said justice’s clerk shall have authority to administer oaths, take and certify affidavits and acknowledgments, issue process, enter suit on the docket, and do all clerical work in connection with the keeping of the records, files, and dockets of said court, and perform such other duties in connection with the office as the justice of the peace shall prescribe.

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

 

 

 

 

 

 

 

 

 

 

 

Justices’ courts, clerks for

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 165, AB 316

[Assembly Bill No. 316–Committee on Claims]

 

Chap. 165–An Act providing for an appropriation for the compensation of certain persons for services rendered to the thirty-ninth session of the Nevada legislature.

 

[Approved March 25, 1939]

 

      Whereas, During the present session of the legislature the clergy of the city of Carson, representing the three denominations, have rendered daily religious services to the legislature; and

      Whereas, A reasonable compensation for such services is the sum of six hundred ($600) dollars; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the clergy for religious services rendered to the legislature during the present session, there is hereby set apart from any money now in the general fund not otherwise especially appropriated the sum of six hundred ($600) dollars, which shall constitute an additional legislative fund.

 

 

 

 

 

 

 

 

Preamble


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

ê1939 Statutes of Nevada, Page 248 (CHAPTER 165, AB 316)ê

 

Sum for chaplains

 

 

 

 

 

 

 

 

In effect

present session, there is hereby set apart from any money now in the general fund not otherwise especially appropriated the sum of six hundred ($600) dollars, which shall constitute an additional legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the following-named persons, for the respective amounts set opposite their names, as compensation for religious services during the thirty-ninth session of the legislature, to wit: Rev. John L. Harvey, $200; Rev. A. S. Kean, $200; Monsignor H. J. Wientjes, $200; and the state treasurer is hereby authorized and required to pay the same.

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

 

________

 

CHAPTER 166, AB 313

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Wages, assignment of

 

 

 

 

Repeal

In effect

[Assembly Bill No. 313–Mr. Curtis]

 

Chap. 166–An Act to amend the title to and to amend an act entitled “An act making the assignment of wages, salary or earnings under certain conditions conclusive evidence of fraud,” approved March 14, 1917.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  The title to the above-entitled act is hereby amended to read as follows: An act making the assignment of wages, salary or earnings under certain conditions prima facie evidence of fraud.

      Sec. 2.  Section 1 of the above-entitled act, being section 1550 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  Every assignment of wages, salary or earnings made within the State of Nevada by any person against whom there is, at the time such assignment is made, an unsatisfied judgment for debt on the records of any court within the State of Nevada shall be prima facie evidence of fraud, and shall be void as against the judgment creditors of the person making such an assignment.

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

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 249ê

CHAPTER 167, AB 310

[Assembly Bill No. 310–Committee on Ways and Means]

 

Chap. 167–An Act making an annual appropriation from the general fund and transferring the same to the state distributive school fund.

 

[Approved March 25, 1939]

 

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 there shall be appropriated for each of the years 1939 and 1940 from the general fund the sum of fifty-one thousand nine hundred dollars ($51,900), which said sum shall be transferred to the state distributive school fund.

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

 

 

 

 

 

 

 

 

 

 

Sum to school fund

 

 

 

In effect

 

________

 

CHAPTER 168, AB 241

[Assembly Bill No. 241–Mr. Loomis]

 

Chap. 168–An Act to amend section 10e of article XII 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 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  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, sheds or 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.

 

 

 

 

 

 

 

 

 

 

 

 

Reno charter


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

ê1939 Statutes of Nevada, Page 250 (CHAPTER 168, AB 241)ê

 

 

 

 

General registration; new

 

Jails

 

 

 

 

 

Conduits

 

 

 

Abandoned vehicles

 

 

 

 

 

 

 

In effect

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.

      Seventh: To sell at private or public sale all vehicles taken in the possession of the city which have been abandoned or left on the streets or alleys of the city or within the city limits. Any such vehicle shall be held a period of 30 days after the last publication of the notice herein provided for before the same shall be sold. Notice that the city has such vehicle in its possession shall be given by publication twice in a daily newspaper published in the city. At the time such notice is published a notice that the city has the vehicle in its possession shall be mailed by the city to the registered owner of such vehicle, if known.

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

 

________

 

CHAPTER 169, AB 134

 

[Assembly Bill No. 134–Churchill County Delegation]

 

Chap. 169–An Act to amend an act entitled “An act to provide for the management and control of the state agricultural society by the state,” approved March 7, 1885, together with the acts amendatory thereof or supplementary thereto.

 

[Approved March 25, 1939]

 

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 section 319 N. C. L. 1929, is hereby amended to read as follows:


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

ê1939 Statutes of Nevada, Page 251 (CHAPTER 169, AB 134)ê

 

      Section 5.  The state board of agriculture shall be charged with the exclusive management and control of the state agricultural society as a state institution; shall have possession and care of its property, and be intrusted with the direction of its entire business and financial affairs. They shall define the duties of the secretary and treasurer, fix their bonds and compensation, and shall have power to make all necessary changes in the constitution and rules of the society to adapt the same to the provisions of this act, and to the management of the society, its meetings and exhibitions. They shall provide for an annual fair or exhibition by the society of all the industries and industrial products of the state at the city of Fallon, Churchill County, State of Nevada. For the purposes of carrying out the provisions of this act there is hereby appropriated out of the general fund of the State of Nevada, from any funds not otherwise specifically appropriated, the sum of five thousand ($5,000) dollars for each of the years 1939 and 1940, to be expended by the Nevada state agricultural society for the purposes herein specified; provided, that after the appropriation herein referred to shall be made the said board shall be assured of a contribution on behalf of the people of Churchill County of the sum of two thousand five hundred ($2,500) dollars for the year 1939, and a similar contribution for each year thereafter; provided further, that in the event no state fair shall be held at Fallon during any year the fund so appropriated by the State of Nevada shall revert to the general fund of the State of Nevada.

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

Agricultural society

 

 

Control of

 

 

 

 

 

 

 

Sum for

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 170, AB 133

[Assembly Bill No. 133–Elko County Delegation]

 

Chap. 170–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, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 25, 1939]

 

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, as amended by chapter 188 Statutes of Nevada 1937, is hereby amended to read as follows:

      Section 8.  The sum of five thousand ($5,000) dollars for each of the years 1939 and 1940 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.

 


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

ê1939 Statutes of Nevada, Page 252 (CHAPTER 170, AB 133)ê

 

Elko stock show

 

 

In effect

each of the years 1939 and 1940 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.

 

________

 

CHAPTER 171, AB 275

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Elections

 

 

 

 

 

 

 

 

 

Voting for president, etc.

[Assembly Bill No. 275–Mrs. Drumm]

 

Chap. 171–An Act to amend an act entitled “An act relating to elections,” approved March 24, 1917, together with the acts amendatory thereof and supplemental thereto.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 36 of the above-entitled act, being section 2473 N. C. L. 1929, as amended by chapter 40 Statutes of Nevada 1935, is hereby amended to read as follows:

      Section 36.  On each ballot a perforated line shall extend from top to bottom, one-half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no writing or printing except the number of the ballot, which shall be upon the back of the strip in such position that it shall appear on the outside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. Where the names of the candidates are printed in separate columns the columns shall be separated by heavy rules, and on all ballots the names of candidates shall be separated by a rule extending to the extreme right of the column. All ballots shall contain the name of each and every candidate whose nomination for any office specified in the ballot has been certified to and filed according to the provisions of this act, and no other name; provided, that the names of candidates for president and vice president of the United States shall be printed upon such ballots when such election shall be a presidential election, the names of such candidates for president and vice president of each party to be placed directly above those of the candidates for presidential electors of the same party and separated therefrom by a light-faced rule and with a square for marking after the names of such candidates for president and vice president. Beneath the name of each of the candidates of said candidates for vice president in each party group, in light-faced type, not larger than six-point, shall appear the words: To vote for all of the electors of a party stamp a cross (X) in the square opposite the names of the presidential and vice presidential candidates of that party.


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

ê1939 Statutes of Nevada, Page 253 (CHAPTER 171, AB 275)ê

 

shall appear the words: To vote for all of the electors of a party stamp a cross (X) in the square opposite the names of the presidential and vice presidential candidates of that party. A cross (X) stamped in the square opposite the name of a party and its presidential and vice presidential candidates is a vote for all of the electors of that party, but for no other candidates.

      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.

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 172, Assembly Substitute for Assembly Bill No. 107

[Assembly Substitute for Assembly Bill No. 107–Committee on Education]

 

Chap. 172–An act to amend the title and to amend an act entitled “An act to create a board of county commissioners in the several counties of this state and to define their duties and powers,” approved March 8, 1865, together with all acts amendatory thereof or supplemental thereto.

 

[Approved March 25, 1939]

 

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 is hereby amended to read as follows: “An act to create a board of county commissioners in the several counties of this state and to define their duties and powers and qualifications, defining certain duties of county auditors as regards their accountability to the boards of county commissioners, and prescribing the duties of such county auditors as regards a monthly detailed report to certain school districts as to the condition of the funds of such districts, prescribing certain duties of the district attorneys, and other matters properly relating thereto.”

      Sec. 2.  Section 11 of the above-entitled act, being section 1945 N. C. L. 1929, is hereby amended to read as follows:

      Section 11.  The auditor shall number and keep a record of all demands allowed, showing the number, date, date of approval, amount, and name of the original holder, on what account allowed, and out of what fund payable. The county auditor is required to be constantly acquainted with the exact condition of the treasury, and every lawful demand upon it; and shall report to the board of county commissioners, at each regular meeting thereof, the condition of each fund in the treasury. He shall keep a complete set of books for the county, which shall be open to the inspection of the public, free of charge, during business hours, in which shall be set forth in a plain and businesslike manner every money transaction of the county, so that he can, at any time when requested,

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners act; title

 

 

 

 

 

 

 

 

Auditors, duty of


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

ê1939 Statutes of Nevada, Page 254 (CHAPTER 172, Assembly Substitute for Assembly Bill No. 107)ê

 

 

 

 

 

 

Reports

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

shall be set forth in a plain and businesslike manner every money transaction of the county, so that he can, at any time when requested, tell the state of each fund, where the money came from, to what fund it belonged, and how and for what purpose it was expended, and also the collection made, and the money paid into the treasury by each and every officer; provided, that the said county auditor shall in addition to the above requirements be required to notify the clerk of each school board in the county, other than districts of the first class, and send at the same time a duplicate of said report to the deputy superintendent of public instruction of that county, at the beginning of each month, showing the amount of funds left to credit of the district at the beginning of the previous month, new funds credited during the previous month and the source thereof, the total of disbursements allowed by warrants during the previous month, and the balance to credit of district at the beginning of the month in which the report is rendered. The form of this report shall be substantially as follows:

Date..........................19........ School District.............................................

Credit balance.........................................19........   .   .   .

$.................

Credits:

 

 

From state apportionments:

 

 

      (a) Relief     .   .   .   .   .   .   .   19........

$...................

 

      (b) Teacher  .   .   .   .   .   .   .   19........

...................

 

      (c) Pupil       .   .   .   .   .   .   .   19........

...................

 

From county apportionments   .   .   .   .   .

...................

 

From county high school taxes    .   .   .   .

...................

 

From district high school taxes    .   .   .   .

...................

 

From bank dividends    .   .   .   .   .   .   .   .

...................

 

From special district school taxes    .    .   .

...................

 

From Indian tuition  .   .   .   .   .   .   .   .   .

...................

 

From other sources   .   .   .   .   .   .   .   .   .

...................

 

......................................... .   .   .   .   .   .   .

...................

 

 

 

 

 

 

 

.....................

Total     .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .

$.....................

Disbursements during month of   .   .   .   .   .   .   .   .   .   .

.....................

Balance credit      .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .

$.....................

 

      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 in full force and effect from and after its passage and approval.

 

________

 

 


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

ê1939 Statutes of Nevada, Page 255ê

CHAPTER 173, AB 56

[Assembly Bill No. 56–Committee on Judiciary]

 

Chap. 173–An Act to amend an act entitled “An act concerning the courts of justice of this state and judicial officers,” approved January 26, 1865, together with the acts amendatory thereof and supplemental thereto.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 45 of an act entitled “An act concerning the courts of justice of this state and judicial officers,” approved January 26, 1865, being section 8407 N. C. L. 1929, as amended March 25, 1931, chapter 153 Statutes of Nevada 1931, is hereby amended to read as follows:

      Section 45.  A judge shall not act as such in an action or proceeding:

      First, when he is a party to or interested in the action or proceeding.

      Second, when he is related to either party by consanguinity or affinity within the third degree.

      Third, when he has been attorney or counsel for either of the parties in the particular action or proceeding before the court.

      Fourth, when he is related to an attorney or counselor for either of the parties by consanguinity or affinity within the third degree.

      Fifth, if either party to a civil action in the district court shall file an affidavit alleging that the judge before whom the action is to be tried has a bias or prejudice either against him or in favor of an opposite party to the action, such judge shall proceed no further therein, but either transfer the action to some other department of the court, if there be more than one department of said court in said district, or request the judge of some other district court of some other district to preside at the hearing and trial of such action.

      Every such affidavit must be filed before the hearing on any contested matter in said action has commenced, and/or if no contested matter has been heard in said action prior to the day of the trial thereof, then said affidavit must be filed at least ten days before the date set for the trial of said action. No such affidavit shall be filed unless accompanied by a certificate of the attorney of record for affiant that the affidavit is made in good faith, and not for delay, and the party filing such affidavit for change of judge shall at time of filing same pay to the clerk of the court in which such affidavit is filed the sum of twenty-five dollars, which sum shall be by the clerk transmitted to the state treasurer, who shall place the same to the credit of the district judges’ traveling fund; provided, that this section shall not apply to the arrangement of the calendar, or the regulation of the order of business; and provided further, that the fourth subdivision of this section shall not apply to the presentation of ex parte or uncontested matters, except in fixing fees for attorneys related within the degree of consanguinity or affinity therein specified.

 

 

 

 

 

 

 

 

 

 

 

Courts and court officers

 

 

Judges, when disqualified

 

 

 

 

 

 

Affidavit of bias, prejudice

 

 

 

 

 

Conditions


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

ê1939 Statutes of Nevada, Page 256 (CHAPTER 173, AB 56)ê

 

 

Proviso

 

 

 

 

 

One change only

 

 

 

 

 

Repeal

In effect

to the arrangement of the calendar, or the regulation of the order of business; and provided further, that the fourth subdivision of this section shall not apply to the presentation of ex parte or uncontested matters, except in fixing fees for attorneys related within the degree of consanguinity or affinity therein specified.

      Sec. 2.  Section 45b of an act entitled “An act concerning the courts of justice of this state and judicial officers,” approved January 26, 1865, as amended March 25, 1931, chapter 153 Statutes of Nevada 1931, is hereby amended to read as follows:

      Section 45b.  Not more than one change of judge may be granted in any civil action, whether such change be granted upon affidavit filed therefor or on the judge’s own motion, but each party to the action shall have an opportunity to urge his objections to any judge before the action or proceeding is assigned to another judge, and the assignment shall be to the most convenient judge to whom the objections of the parties do not apply or are least applicable.

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

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

 

________

 

CHAPTER 174, SB 121

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mines; taxation

[Senate Bill No. 121–Senator Wadsworth]

 

Chap. 174–An Act to amend section 3 of an act entitled “An act to provide for the assessment and taxation of the net proceeds of mines, and repeal of acts and parts of acts in conflict therewith,” approved March 15, 1927, as amended by chapter 68, 1937 Statutes of Nevada, page 139.

 

[Approved March 25, 1939]

 

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 6580 N. C. L. 1929, as amended by section 1 of chapter 68, 1937 Statutes of Nevada, page 139, is hereby amended to read as follows:

      Section 3.  The Nevada tax commission shall, from said statement and from all obtainable data, evidence and reports, compute in dollars and cents the gross yield and net proceeds of each semiannual period. The net proceeds shall be ascertained and determined by substracting from the gross yield the following deductions for costs incurred during such six-months period, and none other:


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

ê1939 Statutes of Nevada, Page 257 (CHAPTER 174, SB 121)ê

 

      1.  The actual cost of extracting the ore from the mines.

      2.  The actual cost of transporting the product of the mine to the place or places of reduction, refining and sale.

      3.  The actual cost of reduction, refining and sale.

      4.  The actual cost of marketing and delivering the product and the conversion of the same into money.

      5.  The actual cost of maintenance and repairs of:

      (a) All mine machinery, equipment, apparatus and facilities.

      (b) All milling, smelting and reduction works, plants and facilities.

      (c) All transportation facilities and equipment except such as are under the jurisdiction of the public service commission as public utilities.

      6.  The actual cost of fire insurance on the machinery, equipment, apparatus, works, plants, and facilities mentioned in subdivision 5 of this section.

      Depreciation at the rate of not less than six percent nor more than ten percent per annum of the assessed valuation of the machinery, equipment, apparatus, works, plants, and facilities mentioned in subdivision 5 of this section. The percentage of depreciation shall be determined for each mine by the tax commission; and in making such determination the commission shall give due weight to the character of the mine and equipment and its probable life.

      8.  All moneys expended for premiums for industrial insurance, and the actual cost of hospital and medical attention and accident benefits and group insurance for all employees. Also all moneys paid as contributions under the “Unemployment Compensation Law” of the State of Nevada and all moneys paid as contributions under the federal “Social Security Act,” and all moneys paid to either the State of Nevada or the federal government under any amendment to either or both of the statute above mentioned.

      9.  The actual cost of development work in or about the mine or upon a group of mines when operated as a unit.

      10.  All moneys paid as royalties by a lessee or sublessee of a mine, or by both, shall constitute a deductible item for such lessee or sublessee in determining the net proceeds of such lessee or sublessee or both; provided, however, that the royalties so deducted by said lessee or sublessee shall constitute part of the gross yield of the mine for the purpose of determining the net proceeds upon which a tax shall be levied against the person, corporation, association, or partnership to which the said royalty has been paid.

      The several deductions hereinabove mentioned in this section shall not include any expenditures for salaries, or any portion thereof, of any person not actually engaged in the working of the mine or in the operating of the mill, smelter, or reduction works, or in the operating of the transportation facilities or equipment, or in superintending the management of any thereof, or not actually engaged in the State of Nevada in office, clerical, or engineering work necessary or proper in connection with any such operations.

 

Mines; taxation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Added deduction

 

 

 

 

 

 

 

 

Royalties, how construed as to payee


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

ê1939 Statutes of Nevada, Page 258 (CHAPTER 174, SB 121)ê

 

 

 

 

 

 

 

 

Repeal

 

In effect

or reduction works, or in the operating of the transportation facilities or equipment, or in superintending the management of any thereof, or not actually engaged in the State of Nevada in office, clerical, or engineering work necessary or proper in connection with any such operations.

      Sec. 2.  Nothing in this act shall affect any suit or action now pending, or any cause of action for taxes which has arisen prior to the passage of this act, and this act shall in nowise be retroactive herein.

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

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

 

________

 

CHAPTER 175, AB 243

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fish and game Lake Mead; preamble

[Assembly Bill No. 243–Mr. Sloan]

 

Chap. 175–An Act relating to and providing for the regulation of fishing in Lake Mead and that portion of the Colorado river below Boulder dam where it forms the boundary between the States of Arizona and Nevada; supplementing the general fish and game laws of the State of Nevada in that regard; authorizing a visitors’ special fishing license and a uniform open season and other uniform regulations for fishing in and upon the waters of said lake and that portion of said river; and providing for reciprocal recognition by each of said two states of fishing licenses issued to residents of the other in fishing in and upon said waters, and other matters relating thereto.

 

[Approved March 25, 1939]

 

      Whereas, The boundary line between the States of Arizona and Nevada in Lake Mead and in that portion of the Colorado river below Boulder dam where it forms the boundary between the States of Arizona and Nevada is now and has been ever since January 18, 1867 (14 U. S. Statutes at large, 45, and 1867 Statutes of Nevada, 145) the “middle” of the Colorado river as it existed at that time, but said boundary line is not marked on the surface of the waters of said lake and portion of said river so that fishermen fishing there may observe the position thereof, and it is, therefore, impossible for either resident or nonresident fishermen fishing in and upon said waters, or for even the law enforcement officers there, to know or determine in which of said states such fishermen are fishing at almost any given place, or to know the state whose laws should and do govern them and, therefore, what laws they are expected to obey, except when they are on or very near the banks of said lake or river; and

      Whereas, The fishing laws and regulations which exist in the State of Arizona are very different in many respects from those which exist in the State of Nevada, particularly with reference to the open and closed seasons of the year,


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

ê1939 Statutes of Nevada, Page 259 (CHAPTER 175, AB 243)ê

 

from those which exist in the State of Nevada, particularly with reference to the open and closed seasons of the year, the limit of the catch of fish, the hours of fishing, the kind of fishing tackle or equipment permitted, and probably in many other particulars, for the reason that such matters are generally governed in Nevada by firm and express statutory provisions while the laws of the State of Arizona do not expressly set forth such matters of regulation, but quite generally leave them to the discretion and determination of the Arizona fish and game commission and/or the fish and game warden of that state, and such rules and regulations are often changed by them for various reasons; and, therefore, the fishermen, both resident and nonresident, who fish in and upon said waters, are thereby often subjected to the danger of arrest and punishment for violating the fishing laws of the particular state in which they happen to be fishing at the time and for which they have no fishing licenses, although they may not know they are in that particular state at the time and have no intention of violating its laws; and

      Whereas, Said differences in the fishing laws of the States of Arizona and Nevada often result in a closed fishing season and a consequent prohibition of fishing on the Nevada side of said boundary line while the fishing season is open and fishing lawfully permitted on the Arizona side thereof, and a consequent discrimination against and disadvantage and injury to Nevada resident fishermen, and others who desire to fish on the Nevada side of said boundary line, and said condition tends to discourage fishing in and upon said waters on both sides of said boundary line and to prevent tourists and visitors from visiting that portion of the State of Nevada at and in the vicinity of Boulder dam and to decrease the amount of tourist traffic in that portion of the State of Nevada; and

      Whereas, Said conditions do not exist in any other portion of the State of Nevada, and it is desired by this act to remedy said conditions and to provide a method by which the fishing laws and regulations in said waters in said two states may be made uniform, or as nearly so as reasonably possible; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  In addition to the classes of fishing licenses now provided for by law, there shall be a “visitor’s special fishing license.” Such licenses shall be issued only to nonresidents of the State of Nevada and shall entitle the holder thereof to fish only in and upon the waters of Lake Mead and that portion of the Colorado river below Boulder dam where it forms the boundary line between the States of Arizona and Nevada.

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Visitor’s special license


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

ê1939 Statutes of Nevada, Page 260 (CHAPTER 175, AB 243)ê

 

 

 

 

Issuance

Arizona and Nevada. Such license shall be valid for a period of fifteen days only from the date of its issuance. The fee for each of such licenses so issued in this state shall be $1.

      Sec. 2.  Said licenses shall be issued and delivered for fishing in said waters only during the season or seasons of the year as fixed by the state board of fish and game commissioners of the State of Nevada as hereinafter authorized, by the officers and persons and in the manner provided for by the laws of this state, upon application therefor made in the manner prescribed by said state board, and without any remuneration to compensate said officers or persons for their services in so issuing and delivering such licenses unless otherwise provided by law; provided, however, that said state board, or its secretary, or any other officer of this state or of Clark County, Nevada, authorized by any law of this state at that time to issue and deliver other fishing licenses for use in fishing in said Clark County, Nevada, are hereby authorized and empowered also to appoint, by written appointment, a copy of which shall be filed in the office of said state board at Reno, Nevada, residents of either the State of Nevada or of the State of Arizona as agents to issue and deliver, upon such application therefor, to visitors and tourists who are visiting or contemplate visiting and fishing at and in the vicinity of said Lake Mead and said portion of said Colorado river, upon such remuneration to compensate said agents for their services in so doing as may be fixed by said state board, not exceeding ten cents (10¢) for each such license so issued, delivered and collected for by such agents. Each of such agents shall report directly to the officer so appointing him and remit to such officer the license fees, or portion thereof lawfully payable at the times and in the manner provided for in the general fish and game laws of this state in force and effect at the time of such report.

      Sec. 3.  Said visitor’s special fishing license, with stubs, shall be printed in the form prescribed by said state board of fish and game commissioners and in substantially the following language, with such additions thereto as said state board may prescribe:

 

State of Nevada, County of Clark        $1.00

No...................

Date issued................................., 19.......

Date of expiration......................, 19........

 

Visitor’s Special Fishing License

Good for 15 Days Only

Name.......................................................................................................................................

Age............................., Height........................., Race..........................................................

Eyes, color..........................................; Hair, color..............................................................


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

ê1939 Statutes of Nevada, Page 261 (CHAPTER 175, AB 243)ê

 

Residence.................................................................................................

Issued by.................................................................................................

                                    Name and designation of office or agency.

      I, the holder of this license, hereby agree to exhibit any fish in my possession to any regularly appointed state or county warden or deputy warden upon demand.

                                                          .........................................................

                                                                             Owner’s signature.

      Not transferable.

      Said state board of fish and game commissioners is hereby authorized to require, in or in connection with said license, such language as it may prescribe in addition to the language hereinbefore specified.

      In the interest of uniformity with the State of Arizona, said licenses may be printed and issued separately or attached to and as a part of similar licenses issued under authority of the State of Arizona for fishing on the Arizona side of Lake Mead and of said portion of said Colorado river. It shall be unlawful, however, for any person to use such special Nevada license without also having in his possession such similar special Arizona license.

      Sec. 4.  All moneys derived from the sale of such licenses shall be paid and transmitted promptly to the state and county treasuries, respectively, at the times and in the manner and proportions provided for by the laws of the State of Nevada in force and effect at the time of any such payment or transmission of such moneys.

      Sec. 5.  Said state board of fish and game commissioners is hereby authorized and directed, in the interest of uniformity of fishing regulations of the two States of Nevada and Arizona, for fishing in and upon the said waters of Lake Mead and of said portion of said Colorado river so situated in the State of Nevada, to adopt and promulgate written rules and regulations fixing the season or seasons of the year during which fishing in and upon said waters shall be lawfully permitted and licensed and the season or seasons of the year in which such fishing is prohibited in said waters on the Nevada side of said boundary line, and to change said seasons from time to time, so that and to the end that the open season during which fishing is permitted in said waters of Lake Mead and said portion of said Colorado river situated in the State of Nevada shall be the same as the open season during which fishing shall be permitted in the said waters of Lake Mead and said portion of said Colorado river situated in the State of Arizona, and that the closed season in each of said states shall be the same; and also to so fix the limit of the catch of fish, the hours of fishing, the kind of fishing tackle or equipment, and other regulations so that each thereof shall be the same in and upon the portion of said waters so situated in the State of Nevada as they shall be in the portion thereof so situated in the State of Arizona, to the end that all fishing regulations shall be the same on the portion of said waters so situated in Nevada as they shall be on the portion thereof so situated in the State of Arizona.

 

 

 

 

 

 

 

 

 

 

 

 

 

Comity with Arizona

 

 

 

 

 

 

 

Rules, regulations


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

ê1939 Statutes of Nevada, Page 262 (CHAPTER 175, AB 243)ê

 

 

 

 

 

Reciprocal privilege

 

 

 

 

 

 

 

 

 

 

 

 

Limited application

 

 

 

 

 

In effect

said waters so situated in the State of Nevada as they shall be in the portion thereof so situated in the State of Arizona, to the end that all fishing regulations shall be the same on the portion of said waters so situated in Nevada as they shall be on the portion thereof so situated in the State of Arizona.

      Sec. 6.  Residents of the State of Arizona holding current regular resident fishing licenses issued under the authority of the general fish and game laws of that state shall be lawfully entitled to fish in and upon the waters of said Lake Mead and of said portion of said Colorado river so situated in the State of Nevada to the same extent as residents of the State of Nevada holding current regular resident fishing licenses issued pursuant to the laws of the State of Nevada are lawfully entitled to fish, and are permitted to fish, in said waters of said Lake Mead and said Colorado river so situated in the State of Arizona, to the end that there may be reciprocity in fishing rights among the holders of regular resident fishing licenses, in date, of the said two states, and that the holders of such resident fishing licenses of the State of Arizona shall be accorded the same rights and privileges to fish in said Nevada waters as are accorded the holders of regular resident fishing licenses of the State of Nevada to fish in said waters in the State of Arizona.

      Sec. 7.  This act is supplementary to the general fish and game laws of the State of Nevada and applies only to said waters of Lake Mead and Colorado river so situated in the State of Nevada and is not intended as a repeal of any of the provisions of said general fish and game laws, except as they may be in irreconcilable conflict with the provisions of this act so applying to said waters of Lake Mead and Colorado river so situated in the State of Nevada.

      Sec. 8.  To preserve the public peace, health, and safety it is hereby declared to be necessary that this act shall become immediately operative. It is, therefore, declared to be an emergency measure, and shall take effect and be in full force and effect immediately upon its passage and approval.

 

________

 

 


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ê1939 Statutes of Nevada, Page 263ê

CHAPTER 176, AB 102

[Assembly Bill No. 102–Committee on Public Printing]

 

Chap. 176–An Act to amend an act entitled “An act to provide for the publication of the decisions of the supreme court of the State of Nevada and such other official advertising as is required by the state,” approved March 29, 1907, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 25, 1939]

 

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 6953 N. C. L. 1929, as amended by chapter 168 Statutes of Nevada 1931, is hereby amended to read as follows:

      Section 1.  The state board of examiners of the State of Nevada shall, within ten days after the approval of this act, select two newspapers, published at the capital, in which all advertising required by the state shall be published, including the decisions of the supreme court; provided, that the expense of such publications shall not be less than the sum of three hundred ($300) dollars per month; and provided, that the state board of examiners shall apportion the said publications as nearly equal as may be; provided, such decisions must be published within ten days after such decision shall have been furnished the publisher by the clerk of the court, each decision to be published in its entirety in a single issue of the paper, and within two days thereafter the publisher shall furnish the clerk of the court with four hundred copies of the paper for distribution to the legal fraternity of this state, said sums to be paid monthly out of the general fund. At the time of delivering the copy of any decision to any publisher pursuant to the provisions of this act, which shall be immediately after said decision is filed, the clerk of the supreme court shall take a receipt for the same, which receipt shall set forth the date of such delivery, the title and number of the case, and the name of the publication in which said decision is to be printed. All opinions thus delivered shall be published within ten days from the date of the delivery thereof, as evidenced by the receipt herein provided for. The state controller, before delivering any warrant for the payment of any money in compensation for the publication of decisions of the supreme court, shall require a certificate to be filed in the office of said controller by the clerk of the supreme court, setting forth under oath that the decisions of the supreme court, designating each of the same by the number of the case, have been published as required by this act, and that each of said decisions has been published within the time as herein specified; provided, however, that for good cause shown, upon the affidavit of the publisher to whom the publication of supreme court decisions has been by the board of examiners awarded, the chief justice of the supreme court may extend the time within which such decision or any decision or decisions may be published; and where such extension of time is granted, notice of such order shall appear in the certificate of the clerk of the supreme court herein provided to be filed with the state controller; provided further, that if during any month no decisions or opinions are filed by the supreme court the certificate from the clerk of the court shall state such fact, and such certificate shall be sufficient to authorize the state controller to issue the warrant for that month.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Decisions of supreme court

 

Publication

 

 

 

 

 

 

 

 

 

 

 

 

Time


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

ê1939 Statutes of Nevada, Page 264 (CHAPTER 176, AB 102)ê

 

Provisos

 

 

 

 

 

 

 

 

In effect

publisher to whom the publication of supreme court decisions has been by the board of examiners awarded, the chief justice of the supreme court may extend the time within which such decision or any decision or decisions may be published; and where such extension of time is granted, notice of such order shall appear in the certificate of the clerk of the supreme court herein provided to be filed with the state controller; provided further, that if during any month no decisions or opinions are filed by the supreme court the certificate from the clerk of the court shall state such fact, and such certificate shall be sufficient to authorize the state controller to issue the warrant for that month.

      Sec. 2.  This act shall become effective from and after July 1, 1939.

 

________

 

CHAPTER 177, AB 149

 

 

 

 

 

 

 

 

 

 

 

 

 

Foods, drugs and cosmetics

[Assembly Bill No. 149–Mr. Brooks]

 

Chap. 177–An Act to prevent the manufacture, sale, transportation, and false advertising of adulterated, misbranded, or mislabeled, or poisonous or deleterious foods, drugs, devices, and cosmetics; regulating the manufacture and traffic therein; providing for the enforcement of this act; providing penalties for the violation thereof and other matters relating thereto.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  This act may be cited as the Nevada food, drug, and cosmetic act.

      Sec. 2.  For the purpose of this act-

      (a) The term “commissioner” means the commissioner of food and drugs as hereinafter provided for.

      (b) The term “person” includes individual, partnership, corporation, and association.

      (c) The term “food” means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.

      (d) The term “drug” means (1) articles recognized in the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals;


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

ê1939 Statutes of Nevada, Page 265 (CHAPTER 177, AB 149)ê

 

and (4) articles intended for use as a component of any article specified in clause (1), (2), or (3); but does not include devices or their components, parts, or accessories.

      (e) The term “device” (except when used in paragraph (k) of this section) means instruments, apparatus and contrivances, including their components, parts and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; or (2) to affect the structure or any function of the body of man or other animals.

      (f) The term “cosmetic” means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap.

      (g) The term “official compendium” means the official United States Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.

      (h) The term “label” means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this act that any word, statement or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper.

      (i) The term “immediate container” does not include package liners.

      (j) The term “labeling” means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article.

      (k) If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

 

 

 

 

 

 

 

Definitions


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ê1939 Statutes of Nevada, Page 266 (CHAPTER 177, AB 149)ê

 

Definitions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prohibited acts

      (l) The term “advertisement” means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics.

      (m) The representation of a drug, in its labeling or advertisement as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.

      (n) The term “new drug” means (1) any drug the composition of which is such that such drug is not generally recognized, among experts qualified by scientific training and experience to evaluate the safety of drugs, as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (2) any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not, otherwise than in such investigations, been used to a material extent or for a material time under such conditions.

      (o) The term “contaminated with filth” applies to any food, drug, device or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

      (p) The provisions of this act regarding the selling of foods, drugs, devices or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any food, drug, or cosmetic establishment.

      (q) The term “Federal Act” means the federal food, drug and cosmetic act approved on June 25, 1938.

      Sec. 3.  The following acts and the causing thereof within the State of Nevada are hereby prohibited:

      (a) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded.

      (b) The adulteration or misbranding of any food, drug, device or cosmetic.

      (c) The sale, delivery for sale, holding for sale or offering for sale of any article in violation of section 10.

      (d) The dissemination of any false advertisement.

      (e) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by section 16.

      (f) The giving of a guaranty or undertaking, which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the State of Nevada from whom he received in good faith the food, drug, device or cosmetic.


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ê1939 Statutes of Nevada, Page 267 (CHAPTER 177, AB 149)ê

 

relied on a guaranty or undertaking to the same effect signed by and containing the name and address of the person residing in the State of Nevada from whom he received in good faith the food, drug, device or cosmetic.

      (g) The removal or disposal of a detained or embargoed article in violation of section 4.

      (h) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded.

      Sec. 4.  (a) Whenever the commissioner or any of his authorized agents finds, or has probable cause to believe, that any food, drug, device or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this act, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been quarantined, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such quarantined article by sale or otherwise without such permission.

      (b) When an article quarantined under subsection (a) has been found by such agent to be adulterated, or misbranded, he shall petition the judge of the police, county, or district court in whose jurisdiction the article is quarantined for the condemnation and destruction of such article. When such agent has found that an article so quarantined is not adulterated or misbranded, he shall remove the tag or other marking. In any proceeding against such agent because of such quarantine, such agent shall not be held liable if the court shall find that there was probable cause for such quarantine.

      (c) If the court finds that a quarantined article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed, under the supervision of such agent; provided, that when the adulteration or misbranding can be corrected by proper labeling or processing of the article to the satisfaction of the commissioner or his agent, the court, after entry of the decree, may by order direct that such article be delivered to the owner or defender thereof for such labeling or processing under the supervision of the commissioner or his authorized agent.

      (d) Whenever the commissioner or any of his authorized agents shall find in any room, building, vehicle of transportation, or other structure, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the commissioner or his authorized agents shall forthwith condemn or destroy the same, or in any other manner render the same unsalable as human food.

 

 

 

 

 

 

 

 

 

Notice tags

 

 

 

 

 

 

 

 

Condemnation procedure


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ê1939 Statutes of Nevada, Page 268 (CHAPTER 177, AB 149)ê

 

 

 

 

 

Prosecutions

 

 

 

 

 

 

 

 

 

Adulterated food

that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the commissioner or his authorized agents shall forthwith condemn or destroy the same, or in any other manner render the same unsalable as human food.

      Sec. 5.  It shall be the duty of each state attorney, county attorney, or city attorney to whom the commissioner or any of his authorized agents shall report any violation of this act, to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before any violation of this act is reported to any such attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the commissioner or his designated agent, either orally or in writing, in person or by attorney, with regard to such contemplated proceeding.

      Sec. 6.  A food shall be deemed to be adulterated-

      (a) (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) if it consists in whole or in part of a diseased, contaminated, filthy, putrid or decomposed substance, or if it is otherwise unfit for food; or (3) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health; or (4) if it is the product of a diseased animal or an animal which has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (5) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

      (b) (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

      (c) If it falls below the standard of purity, quality or strength which it purports or is represented to possess.

      (d) If it is confectionery and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of 1 per centum, harmless natural gum, and pectin; provided, that this paragraph shall not apply to any confectionery by reason of its containing less than one-half of 1 per centum by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.


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ê1939 Statutes of Nevada, Page 269 (CHAPTER 177, AB 149)ê

 

excess of four-tenths of 1 per centum, harmless natural gum, and pectin; provided, that this paragraph shall not apply to any confectionery by reason of its containing less than one-half of 1 per centum by volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances.

      (e) If it bears or contains a coal-tar color other than one from a batch which has been certified by the United States department of agriculture.

      Sec. 7.  A food shall be deemed to be misbranded-

      (a) If its labeling is false or misleading in any particular.

      (b) If it is offered for sale under the name of another food.

      (c) If it is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word, “Imitation,” and immediately thereafter the name of the food imitated.

      (d) If its container is so made, formed, or filled as to be misleading.

      (e) If in package form, unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulation prescribed by the commissioner.

      (f) If it purports to be or is represented as a food for which a definition and standard of identity, quality, and fill of container has been prescribed, unless it conforms to such standards of identity, quality and fill.

      (g) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the commissioner determines to be, and by regulations prescribed, as necessary in order to fully inform purchasers as to its value for such uses.

      (h) If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided, that the provisions of this paragraph with respect to artificial color shall not apply in the case of butter, cheese or ice cream.

      Sec. 8.  A drug or device shall be deemed to be adulterated-

      (a) (1) If it consists in whole or in part of any filthy, putrid or decomposed substance; or (2) if it has been produced, prepared, packed, or held under insanitary conditions whereby it may have been rendered injurious to health, or (3) if it is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified by the United States department of agriculture.

 

 

 

 

 

 

 

Misbranded food

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adulterated drugs


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ê1939 Statutes of Nevada, Page 270 (CHAPTER 177, AB 149)ê

 

Adulterated drugs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Misbranded drugs

or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if it is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified by the United States department of agriculture.

      (b) If it purports to be or is represented as a drug the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, or in the absence of or inadequacy of such tests or methods of assay, those prescribed by the United States department of agriculture. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on its label.

      (c) If it is not subject to the provisions of paragraph (b) of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess.

      (d) If it is a drug and any substance has been (1) mixed or packed therewith so as to reduce its quality or strength; or (2) substituted wholly or in part therefor.

      Sec. 9.  A drug or device shall be deemed to be misbranded-

      (a) If its labeling is false or misleading in any particular.

      (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner.

      (c) If it is for use by man and contains any quantity of narcotic or hypnotic substances or any chemical derivative thereof; unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement “Warning-May be habit forming.”

      (d) If it is a drug and is not designated solely by a name recognized in an official compendium unless its label bears (1) the common or usual name of the drug, if such there be; and (2) in case it is fabricated from two or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromide, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained therein; provided, that to the extent that compliance with the requirements of clause (2) of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the commissioner.


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

ê1939 Statutes of Nevada, Page 271 (CHAPTER 177, AB 149)ê

 

also including, whether active or not, the name and quantity or proportion of any bromide, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances contained therein; provided, that to the extent that compliance with the requirements of clause (2) of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the commissioner. (e) Unless its label bears (1) adequate directions for use; and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration or administration or application, in such manner and form as are necessary for the protection of users; provided, that where any requirement of clause (1) of this paragraph, as applied to any drug or device, is not necessary for the protection of the public health, the commissioner shall promulgate regulations exempting such drug or device from such requirements.

      (f) (1) If it is a drug and its container is so made, formed, or filled as to be misleading; or (2) if it is an imitation of another drug; or (3) if it is offered for sale under the name of another drug.

      (g) If it is dangerous to health when used in the dosage or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof.

      (h) If it is a drug sold at retail for use by man, and contains any quantity of aminopyrine, barbituric acid, cincophen, dinitrophenol, or sulfanilamide, unless it is sold on a written prescription signed by a member of the medical, dental or veterinary profession who is licensed by law to administer such drug, and its label bears the name and place of business of the seller, the serial number and date of such prescription, and the name of such member of the medical, dental, or veterinary profession.

      Sec. 10.  No person shall introduce or deliver for introduction into intrastate commerce any new drug which is subject to section 505 of the federal act, unless an application with respect to such drug has become effective thereunder.

      Sec. 11.  A cosmetic shall be deemed to be adulterated-

      (a) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual; provided, that this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: “Caution-This product contains ingredients which may cause irritation on certain individuals and a preliminary test according to accompanying directions should first be made.

Misbranded drugs

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Adulterated cosmetics


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

ê1939 Statutes of Nevada, Page 272 (CHAPTER 177, AB 149)ê

 

Adulterated cosmetics

 

 

 

 

 

 

 

 

 

 

 

 

 

Misbranded cosmetics

 

 

 

 

 

 

 

 

 

 

 

 

Administration of act

certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness,” and the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph (e) the term “hair dye” shall not include eyelash or eyebrow dyes.

      (b) If it consists in whole or in part of any filthy, putrid or decomposed substance.

      (c) If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

      (d) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

      (e) If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch which has been certified by the United States department of agriculture.

      Sec. 12.  A cosmetic shall be deemed to be misbranded-

      (a) If its labeling is false or misleading in any particular.

      (b) If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the commissioner.

      (c) If its container is so made, formed or filled as to be misleading.

      Sec. 13.  An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any particular.

      Sec. 14.  The president and board of regents of the University of Nevada shall designate and appoint, for the enforcement of this act, a commissioner and such other agent or agents as they may deem necessary.

      Sec. 15.  (a) The authority to promulgate regulations for the efficient enforcement of this act is hereby vested in the commissioner. The commissioner is hereby authorized to make the regulations promulgated under this act conform, insofar as practicable, with those promulgated under the federal act.

      (b) Hearings authorized or required by this act shall be conducted by the commissioner or such officer, agent, or employee as the commissioner may designate for the purpose.

      Sec. 16.  The commissioner or his duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such foods, drugs, devices, or cosmetics in commerce, for the purpose:

 


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

ê1939 Statutes of Nevada, Page 273 (CHAPTER 177, AB 149)ê

 

warehouse, or establishment in which foods, drugs, devices or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any vehicle being used to transport or hold such foods, drugs, devices, or cosmetics in commerce, for the purpose:

      (1) Of inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this act are being violated; and

      (2) To secure samples or specimens of any food, drug, device, or cosmetic after paying or offering to pay for such sample. It shall be the duty of the commissioner to make, or cause to be made, examinations of samples secured under the provisions of this section to determine whether or not any provision of this act is being violated.

      Sec. 17.  The commissioner shall keep a record of adulterated, mislabeled, or misbranded foods, drugs, devices and cosmetics, in which record shall be included a list of cases examined and violations found and a list of the articles found adulterated, mislabeled and misbranded and the names of the manufacturers, producers, jobbers and sellers. Said record or any parts thereof, may, in the discretion of the commissioner, be included in the biennial report which the commissioner is hereby authorized to make to the president of the University of Nevada. The commissioner may also cause to be disseminated such information regarding foods, drugs, devices and cosmetics as he deems necessary in the interest of public health and the protection of the consumer against fraud.

      Sec. 18.  Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment.

      Sec. 19.  If any provision of this act is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of the act and applicability thereof to other persons and circumstances shall not be affected thereby.

      Sec. 20.  All acts and parts of acts in conflict with or inconsistent with this act are hereby repealed.

      Sec. 21.  This act shall become effective on and after its passage and approval.

Visitation

 

 

 

 

 

 

 

 

 

Record

 

 

 

 

 

 

 

 

 

Penalty

 

 

 

Separability clause

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1939 Statutes of Nevada, Page 274ê

CHAPTER 178, AB 215

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Waters, underground

 

 

 

 

 

 

 

 

Definitions

[Assembly Bill No. 215–Clark County Delegation]

 

Chap. 178–An Act to provide for the conservation and distribution of underground waters, providing for the designation of artesian well basins and defining such wells and providing the method of appropriating the waters thereof; defining the powers and duties of the state engineer in the administration hereof; providing for the casing and capping of artesian wells and for the prevention of waste of water therefrom; prescribing penalties for the violation of the provisions of this act, and repealing certain acts and parts of acts in conflict herewith.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  All underground waters within the boundaries of the state belong to the public, and subject to all existing rights to the use thereof, are subject to appropriation for beneficial use only under the laws of the state relating to the appropriation and use of water and not otherwise, therefore it is the intention of the legislature, by this act, to prevent the waste of underground waters and pollution and contamination thereof and provide for the administration of the provisions hereof by the state engineer, who is hereby empowered to make such rules and regulations within the terms of this act as may be necessary for the proper execution of the provisions of this act.

      Sec. 2.  The word “person” as used herein shall be interpreted to mean any firm, partnership, association, company, or corporation, municipal corporation, power district, political subdivision of this or any state or government agency. The word “aquifer” as used herein means a geological formation or structure that transmits water. The words “artesian well” as used herein mean a well tapping an aquifer underlying an impervious material in which the static water level in said well stands above where it is first encountered in said aquifer. The word “waste” as used herein is defined as causing, suffering or permitting any artesian water to reach any previous stratum above the confining strata before coming to the surface of the ground, or suffering or permitting any artesian well to discharge water unnecessarily upon the surface of the ground so that the waters thereof are lost for beneficial use or in any canal or ditch conveying water from a well where the loss of water in transit is more than 20% of the amount of water discharged from said well, or in any event where over 20% of the water discharging from a well is lost from beneficial use.

      Sec. 3.  This act shall not apply to the developing and use of underground water for domestic purposes where the draught does not exceed two gallons per minute and where the water developed is not from an artesian well.


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

ê1939 Statutes of Nevada, Page 275 (CHAPTER 178, AB 215)ê

 

use of underground water for domestic purposes where the draught does not exceed two gallons per minute and where the water developed is not from an artesian well.

      Sec. 4.  Upon receipt by the state engineer of a petition requesting him to administer the provisions of this act, signed by not less than ten percent of the owners of wells, in any particular basin, having a legal right to appropriate underground water therefrom, as evidenced by the records in the state engineer’s office, he shall designate such area by basin, or by sub-basin, or by townships, and proceed with the administration of this act on all wells that were drilled subsequent to March 22, 1913, save and excepting those wells coming under the provisions of section 2 of this act. On wells drilled prior to March 22, 1913, no supervision over the distribution of waters therefrom as against rights acquired subsequent to March 22, 1913, can be maintained by the state engineer until the existing rights thereof are determined by a court decree in appropriate adjudication proceedings, save and except where water therefrom is being flagrantly wasted.

      Sec. 5.  Upon the initiation of the administration of this act in any particular artesian basin, and where the investigations of the state engineer have shown the necessity for the supervision over the waters in such basin, and upon recommendation of the state engineer, the county commissioners of the county within which such artesian basin is situated may employ, with the consent and approval of the state engineer, an artesian well supervisor and whatever other assistants deemed necessary, who shall execute the duties as provided in this act under the direction of the state engineer. The salary of such artesian well supervisor and his assistants shall be fixed by the board of county commissioners, who shall levy a special tax upon all taxable property situated within the confines of the area designated by the state engineer to come under the provisions of this act; provided, however, that at no time shall such tax levy produce a revenue in any one year of more than two thousand dollars ($2,000). It shall be the duty of the proper officers of the county to levy and collect such special tax as other special taxes are levied and collected, and such tax shall be a lien upon the said property. The tax herein provided for, when collected, shall be deposited with the state treasurer of Nevada in a fund in the state treasury which shall be designated as the.......................basin,..................county artesian well fund. All claims against said fund in the state treasury shall be certified by the state engineer and approved by the state board of examiners; the state controller is authorized to draw his warrant therefor against such artesian well fund and the state treasurer shall pay the same.

      Sec. 6.  Every person desiring to sink or bore a well in any proven artesian basin, or any basin or sub-basin in the state designated by the state engineer, shall first make application to the state engineer in accordance with the provisions of the general water law of this state for a permit to appropriate such water before performing any work in connection with the boring or sinking of said well.

Exemption

 

State engineer, duties

 

 

 

 

 

 

 

 

 

 

 

Supervisors


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

ê1939 Statutes of Nevada, Page 276 (CHAPTER 178, AB 215)ê

 

Permits

 

 

 

 

 

 

 

 

 

 

Casing

 

 

 

 

 

 

 

 

 

Log

any proven artesian basin, or any basin or sub-basin in the state designated by the state engineer, shall first make application to the state engineer in accordance with the provisions of the general water law of this state for a permit to appropriate such water before performing any work in connection with the boring or sinking of said well. In other basins or sub-basins which have not been designated by the state engineer as aforesaid where the water sought to be appropriated is underground water existing in unconfined aquifers and not being under any hydrostatic (artesian) pressure, no application or permit to appropriate such water is necessary until after the well is sunk or bored and water developed. Before any legal diversion of water can be made from said well the appropriator must make application to the state engineer in accordance with the provisions of the general water law of this state for a permit to appropriate such water.

      Sec. 7.  During the sinking or boring of a well in any proven artesian basin the permittee shall cause to be placed in such well a proper and sufficient casing, approved by the state engineer, so arranged as to prevent the caving in of such well and to prevent the escape of water therefrom through any intervening sand or gravel stratum, and must be of sufficient length to reach the deepest aquifer encountered during the sinking or boring of said well. The number, size, type and distribution of perforations is optional with the permittee, excepting that no perforations must be made in a pipe tapping confined (artesian) water above the confining impervious materials. The permittee shall provide the necessary valves, plugs or other appliances to prevent or control the flow of water from such well and prevent the loss of underground water above or below the ground surface. Said permittee shall cause to be kept a log of the depth, thickness and character of the different strata penetrated, together with the data pertaining to the work, when begun, when finished, the length, size and weight of casing, and how placed, size of drilled hole, where sealed and the type of seal, the name of the well driller and the type of machine used, the number of cubic feet per second or gallons per minute of flow from such well when finished and the pressure in pounds per square inch if same be a flowing well, and if nonflowing, the static water level. If the well is tested by pumping immediately following the completion thereof, the report must include the drawdown in respect to the amount of water pumped and such other information required by the state engineer, all of which shall be verified under oath on forms prescribed by the state engineer, and must be furnished to the state engineer within thirty days following the completion of said well; such record and data shall be filed in and become a permanent record in the state engineer’s office.


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

ê1939 Statutes of Nevada, Page 277 (CHAPTER 178, AB 215)ê

 

shall be filed in and become a permanent record in the state engineer’s office.

      Sec. 8.  No person controlling an artesian well shall suffer the waters therefrom to flow to waste, unless, and as far as reasonably necessary in the judgment of the state engineer, to prevent the obstruction thereof, or to flow or be taken therefrom any water except for beneficial purposes. The owner of any artesian well from which water is being unnecessarily wasted shall be deemed guilty of a misdemeanor, and, if upon fifteen days written notice by registered mail, return receipt requested, the owner fails to abate or refuses to abate such waste, the state engineer or his assistants or authorized agents, may, without further notice, take such steps as may be necessary to abate such waste, such as fitting the well with the proper valves or other necessary devices to the end that such waste is prevented. The cost thereof, including labor and material, shall be a lien on the land on which said well is located and also any other land owned by him to which the water from said well is appurtenant; provided, that the state engineer, his assistants or authorized agents, as the case may be, shall file an itemized and sworn statement, setting forth the date when such work was done and the nature of the labor so performed, with the county recorder of the county wherein said well is situated, within thirty days from the time of completion of such work, and when so filed it shall constitute a valid lien against the interest of such owner or owners in default, and which said lien may be enforced in the same manner as provided by law for the enforcement of mechanics’ liens. The county recorder shall make no charge for filing the claim of lien, and no costs shall be taxed against the state engineer, his assistants or authorized agents, in any suit or proceeding on account of such lien.

      Sec. 9.  A legal right to appropriate underground water for beneficial use by means of a well, tunnel or otherwise that was drilled, bored or otherwise constructed subsequent to March 22, 1913, can only be acquired by complying with the provisions of the general water law of this state pertaining to the appropriation of water. In an area within which the state engineer is supervising distribution of waters from an underground source as in this act provided, the state engineer may, upon written notice sent by registered mail, return receipt requested, advise the owner of a well who is using water therefrom without a lawful permit to cease using such water until he has complied with the laws pertaining to the appropriation of water. If said owner fails to initiate proceedings to secure such permit within thirty days from the date of such notice he shall be deemed guilty of a misdemeanor. The date of priority of all appropriations of water from an underground source, mentioned in this section, is the date when application is made in proper form and filed in the office of the state engineer pursuant to the general water laws of this state.

 

Waste prohibited

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Order to desist


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

ê1939 Statutes of Nevada, Page 278 (CHAPTER 178, AB 215)ê

 

 

 

 

State engineer to administer act

 

 

 

 

 

 

 

 

 

 

 

 

Right to enter

 

 

 

 

Penalty

 

 

 

 

Separability clause

 

 

 

Repeal

water from an underground source, mentioned in this section, is the date when application is made in proper form and filed in the office of the state engineer pursuant to the general water laws of this state.

      Sec. 10.  The state engineer shall administer this act and shall prescribe all necessary rules and regulations within the terms of this act for such administration. The state engineer may require periodical statements of water elevations, water used and acreage on which water was used from all holders of permits and claimants of vested rights; may upon his own initiation conduct pumping tests to determine if over-pumping is indicated, to determine the specific capacity of the aquifers and to determine permeability characteristics; he shall determine if there is unappropriated water in the area affected and shall issue permits only if such determination is affirmative. The state engineer at any time may hold a hearing on his own motion, or upon petition signed by a representative body of users of underground water in any area or subarea, to determine whether the water supply within such area or subarea is adequate for the needs of all permittees and all vested-right claimants, and if the determination is negative the state engineer shall order that withdrawals be restricted to conform to priority rights during the period of shortage.

      Sec. 11.  The state engineer, his assistants or authorized agents and the artesian well supervisor, or his assistants, shall have the right to enter the premises of any owner or proprietor where any well mentioned in this act is situated at any reasonable hour of the day for the purpose of investigating and carrying out his or their duties in the administration of this act.

      Sec. 12.  Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than ten ($10) dollars nor more than two hundred fifty ($250) dollars, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment.

      Sec. 13.  Each section of this act and every part of each section is hereby declared to be an independent section, or a part of a section, and the holding of any section or part thereof to be void or ineffective from any cause shall not be deemed to affect any other section or any part thereof.

      Sec. 14.  All acts and parts of acts in conflict herewith, and that certain act entitled “An act to provide a law for the casing and capping of artesian wells, defining the underground waters which are governed by the laws relating to the appropriation of the public waters of the state, providing a penalty for the violation of the provisions of this act, and prescribing the duties of the district attorneys in relation thereto,” approved March 24, 1915, being sections 7987 to 7993, both inclusive, N.


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

ê1939 Statutes of Nevada, Page 279 (CHAPTER 178, AB 215)ê

 

and prescribing the duties of the district attorneys in relation thereto,” approved March 24, 1915, being sections 7987 to 7993, both inclusive, N. C. L. 1929, and as amended, approved April 1, 1935, as amended, approved March 24, 1937, be and the same are hereby repealed.

      Sec. 15.  This act shall be effective upon its passage and approval.

 

 

 

 

In effect

 

________

 

CHAPTER 179, AB 124

[Assembly Bill No. 124–Mr. Cooper]

 

Chap. 179–An Act to amend an act entitled “An act in relation to public revenues, creating the Nevada tax commission and the state board of equalization, defining their powers and duties, and matters relating thereto, and repealing all acts and parts of acts in conflict herewith,” approved March 23, 1917, as amended.

 

[Approved March 25, 1939]

 

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, the same being section 6545 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 4.  Said tax commission shall keep its office at Carson City, and shall be in general session and open for the transaction of business during the usual hours and days in which public offices are kept open.

      (a) There shall annually be held at Carson City a regular session of said commission, beginning on the first Monday in May of each year at 10 o’clock a. m., and continuing from day to day until the business of the particular session is completed, at which valuations shall be established by said commission on the several kinds and classes of property mentioned in section 5 of this act; and the said commission may, after the adjournment of the state board of equalization, hold such sessions as are deemed necessary for the purposes mentioned in section 7 of this act.

      (b) The said commission shall convene annually on the first Tuesday after the first Monday in September, at the hour of 10 o’clock a.m., at the state board of equalization and continue in session from day to day until the business of said board is completed, as hereinafter provided, and at said session the state board of equalization shall equalize property valuations in the state, including the valuation of livestock theretofore established by said commission; it shall be the duty of said state board of equalization to hear and determine all appeals from the various county boards of equalization; provided, any person, firm, company, association, or corporation claiming overvaluation or excessive valuation of its property in the state, whether assessed by the tax commission or the county assessor or assessors, by reason of undervaluation for taxation purposes of the property of any other person, firm, company, association,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax commission

 

 

 

May meeting

 

 

 

 

 

September meeting


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

ê1939 Statutes of Nevada, Page 280 (CHAPTER 179, AB 124)ê

 

Alleged undervaluation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice of meetings

 

 

 

 

 

 

 

 

 

 

Appearances

any person, firm, company, association, or corporation claiming overvaluation or excessive valuation of its property in the state, whether assessed by the tax commission or the county assessor or assessors, by reason of undervaluation for taxation purposes of the property of any other person, firm, company, association, or corporation within the state whose property is assessed by the tax commission, or by reason of any such property not being so assessed, shall appear before the said state board of equalization at its said September session and make complaint concerning the same and submit proof thereon, which said complaint and proof shall, in any event, show the name of owner or owners, location, description and the full cash value of the property claimed to be undervalued or nonassessed, whereupon it shall be the duty of said board of equalization to forthwith examine such proof and all data and evidence submitted by complainant, together with any evidence submitted by an assessor or any other person or persons, and if it shall be determined by said board of equalization that the complainant has just cause for making such complaint it shall immediately make such increase in valuation of the property complained of as shall conform to its full cash value, or cause such property to be placed on the assessment roll at its full cash value, as the case may be, and make proper equalization thereof. The publication in the statutes of the foregoing time, place, and purpose of each regular session of the tax commission shall be deemed notice of such sessions, or said board, if it so elects, may cause published notices of such regular sessions to be made in the press, or may notify parties in interest by letter or otherwise. Special sessions may be held at such times and places and for such purposes as said commission or said board may declare by giving notice thereof by publication of such notice once a week for two consecutive weeks in some newspaper of general circulation in the county in which the special session is to be held, or by giving five days’ notice by personal service, or by registered mail, to the person, firm, or corporation affected, stating the time, place, objects and purposes of such special session. All sessions shall be public and all parties shall have the right to appear in person, or by their agents and attorneys, and, subject to exceptions and qualifications in this act contained, submit evidence, both oral and documentary; provided, it shall be lawful, in lieu of personal appearance, or appearance by agent or attorney, of any claimant before the commission or state board of equalization, for such claimant to cause to be filed with the said commission or said board a statement in writing, signed by said claimant, setting forth such claimant’s claim or claims with respect to the valuation of property of such claimant or the property of others; provided, however, nothing herein contained shall be construed as relieving such claimant or any board, commission or officer from complying with all the requirements of this act, and all other acts relative to the manner and form of appealing from the action of county boards of equalization, and submitting such proof as may be required by the said commission or said board.


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

ê1939 Statutes of Nevada, Page 281 (CHAPTER 179, AB 124)ê

 

however, nothing herein contained shall be construed as relieving such claimant or any board, commission or officer from complying with all the requirements of this act, and all other acts relative to the manner and form of appealing from the action of county boards of equalization, and submitting such proof as may be required by the said commission or said board.

      Sec. 2.  Section 5 of the above-entitled act, the same being section 6546 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 5.  At the regular session of said tax commission commencing on the first Monday in May of each year, said commission shall establish the valuation for assessment purposes of any property of an interstate and intercounty nature, which shall in any event include: The property of all interstate or intercounty railroad, sleeping car, private car, street railway, traction, telegraph, water, telephone, motor bus, motor truck, air transport, electric light and power companies, together with their franchises, and the property and franchises of all express companies operating on any common or contract carrier in this state, and which foregoing shall be assessed as follows: Said commission shall establish and fix the valuation of the franchise, if any, and all physical property used directly in the operation of any such business of any such company in this state, as a collective unit; and if operating in more than one county, on establishing such unit valuation for the collective property, said commission shall then proceed to determine the total aggregate mileage operated within the state and within the several counties thereof, and apportion the same upon a mile-unit valuation basis, and the number of miles so apportioned to any county shall be subject to assessment in that county according to the mile-unit valuation so established by said commission; provided, said commission shall prepare and adopt formulas, and cause the same to be incorporated in its records, providing the method or methods pursued in fixing and establishing the full cash value of all franchises and property assessed by it. Such formulas shall be adopted, and may be changed from time to time upon its own motion or when made necessary by judicial decisions, but such formulas shall in any event show all the elements of value considered by the commission in arriving at and fixing said value for any class of property assessed by it. The word “company” shall be construed to mean and include any person or persons, company, corporation, or association engaged in the business described. In case of the omission by said commission to establish a valuation for assessment purposes upon any property mentioned in this section, it shall be the duty of the assessors of any counties wherein such property is situated to assess the same.

 

 

 

 

 

 

 

What done at May meeting

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Formulas


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

ê1939 Statutes of Nevada, Page 282 (CHAPTER 179, AB 124)ê

 

 

 

 

 

Valuation transmitted

 

 

 

 

 

 

State board of equalization

 

 

 

 

 

 

 

 

Assessors’ reports

 

 

 

 

 

 

Review of tax rolls

is situated to assess the same. All other property shall be assessed by the county assessors, except that the valuation of land and livestock shall be established for assessment purposes by the commission as provided in section 7 of this act. On or before the second Monday in June it shall be the duty of the said commission to transmit to the several assessors the assessed valuation found by it on such classes of property as are enumerated in this section, together with the apportionment of each county of such assessment. The several county assessors shall enter on the roll all such assessments transmitted to them by the Nevada tax commission.

      Sec. 3.  Section 6 of the above-entitled act, the same being section 6547 Nevada Compiled Laws 1929, as amended, 1933 Statutes of Nevada, chapter 176, is hereby amended to read as follows:

      Section 6.  The state board of equalization shall be composed of the members of the tax commission and shall convene as such board on the first Tuesday after the first Monday in September of each year at Carson City, and continue in session from day to day until the business of such session shall be completed; provided, such session shall not continue beyond the first Monday in October. It shall be the mandatory duty of all members of the state board of equalization to attend each and every session, and each day thereof, of the said board of equalization except in case of illness of any such member. The chairman of the tax commission shall be the chairman of said board, and the secretary of said commission shall be the secretary of such board. Each member of the tax commission shall have a vote upon said board, and in all cases a majority vote of the entire membership of said board shall govern. It shall be the duty of each county assessor to prepare and file with the secretary of the said board of equalization, on or before the first Monday in August, a report showing the segregation of property and the assessment thereof shown on the tax roll for the current year, and it shall be the further duty of each said assessor to file with or cause to be filed with the said secretary, on or before the said first Tuesday after the first Monday in September, the tax roll, or a true copy thereof, of his county for such current year as corrected by the county board of equalization. It shall be the duty of the said board of equalization to review the said tax rolls of the various counties as corrected by the county boards of equalization thereof and to raise or lower, equalizing and establishing the full cash value of the property, for the purpose of the valuations therein established by all the county assessors and county boards of equalization and the tax commission, of any class or piece of property in whole or in part in any county, including also livestock and those classes of property enumerated in section 5 of this act; provided, that the said board of equalization shall hear and determine all appeals from the action of each county board of equalization, as provided in section 23 1/2 of “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, and as amended; provided further, no such appeals shall be heard and determined by the said board of equalization where overvaluation or excessive valuation of the claimant’s property, or the undervaluation of other property, or nonassessment of other property, was the ground of complaint before the county board of equalization, save upon the terms and conditions provided in section 23 of the aforesaid act to provide revenue for the support of the government of the State of Nevada.


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

ê1939 Statutes of Nevada, Page 283 (CHAPTER 179, AB 124)ê

 

property enumerated in section 5 of this act; provided, that the said board of equalization shall hear and determine all appeals from the action of each county board of equalization, as provided in section 23 1/2 of “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, and as amended; provided further, no such appeals shall be heard and determined by the said board of equalization where overvaluation or excessive valuation of the claimant’s property, or the undervaluation of other property, or nonassessment of other property, was the ground of complaint before the county board of equalization, save upon the terms and conditions provided in section 23 of the aforesaid act to provide revenue for the support of the government of the State of Nevada. No appeal shall be heard and determined save upon the evidence and data submitted to the county board of equalization, unless it is proven to the satisfaction of the state board of equalization that it was impossible in the exercise of due diligence to have discovered or secured such evidence and data in time to have submitted the same to the county board of equalization prior to its final adjournment.

      Sec. 4.  Section 7 of the above-entitled act, the same being section 6548 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 7.  The tax commission may continue in session from day to day after the session of the state board of equalization for the purpose of considering the tax affairs of the state. It shall be the duty of said commission, after the adjournment of the said board of equalization and on or before the first Monday in December of each year to fix and establish the valuation for assessment purposes of all livestock in the state; and to classify land and fix and establish the valuation thereof for assessment purposes. Said valuation of livestock and land so fixed and established shall be for the next succeeding calendar year and shall be subject to equalization by the state board of equalization at the September meeting thereof for such calendar year. The said commission shall have the power to cause to be placed on the assessment roll of any county, property found to be escaping taxation coming to its knowledge after the adjournment of the state board of equalization; provided, such property is placed upon such assessment roll prior to the delivery thereof to the ex officio tax receiver. In the event such property cannot be placed upon the assessment roll of the proper county within the proper time it shall thereafter be placed upon the tax roll for the next ensuing year, in addition to the assessment for the current year, if any, and taxes thereon collected for the prior year in the same amount as though collected upon the said prior year’s assessment roll; provided further, said commission shall not raise or lower any valuations established at the session of the state board of equalization unless, by the addition to any assessment roll property found to be escaping taxation, it shall be found necessary so to do; provided further, nothing herein shall be construed as providing an appeal from the acts of the state board of equalization to said tax commission.

Appeals, when heard

 

 

 

 

 

 

 

 

 

Record

 

 

 

 

 

 

Continuing duties

 

 

 

 

 

 

 

 

 

 

 

 

Cumulative assessment


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

ê1939 Statutes of Nevada, Page 284 (CHAPTER 179, AB 124)ê

 

 

 

 

 

 

 

 

 

 

 

Duty of secretary

 

 

 

 

 

 

 

 

 

Recourse to courts

collected upon the said prior year’s assessment roll; provided further, said commission shall not raise or lower any valuations established at the session of the state board of equalization unless, by the addition to any assessment roll property found to be escaping taxation, it shall be found necessary so to do; provided further, nothing herein shall be construed as providing an appeal from the acts of the state board of equalization to said tax commission.

      Sec. 5.  Section 9 of the above-entitled act, the same being section 6550 Nevada Compiled Laws 1929, as amended, 1933 Statutes of Nevada, chapter 103, is hereby amended to read as follows:

      Section 9.  The secretary of said state board of equalization shall forthwith certify any change in the assessed valuation of any piece or class of property in whole or in part made by the state board of equalization to the auditor of the county wherein such property is assessed, and said auditor shall make such changes in the assessment roll prior to the delivery thereof to the ex officio tax receiver; and the said secretary, at the time of certifying such change or changes to the auditor, shall, whenever the valuation of any piece or class of property shall have been raised, forward by mail to the property owner or owners affected thereby due notice of such increased valuation.

      Sec. 6.  Section 10 of the above-entitled act, the same being section 6551 Nevada Compiled Laws 1929, as amended, 1933 Statutes of Nevada, chapter 103, is hereby amended to read as follows:

      Section 10.  No taxpayer shall be deprived of any remedy or redress in a court of law relating to the payment of taxes, but all such actions shall be for redress from the findings of the state board of equalization, and no action shall be instituted upon the act of an assessor, or of a county board of equalization, or the tax commission, until the state board of equalization has denied complainant relief; provided, nothing herein shall be deemed to prevent a proceeding in mandamus to compel the placing of nonassessed property on the assessment roll. The said Nevada tax commission, in that name and in proper cases, may sue and be sued, and the attorney-general shall prosecute and defend the same, but the burden of proof shall be upon the complainant to show by clear and satisfactory evidence that any valuation established by said commission or equalized by the state board of equalization is unjust and inequitable.

      Sec. 7.  Section 19 of the above-entitled act, the same being section 6559 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 19.  The commission shall make and publish an annual report for each calendar year, showing its transactions and proceedings and the transactions and proceedings of the state board of equalization for such year; and said commission shall furnish to the governor from time to time, when requested by him, certified statements showing the full cash value of the taxable property within or taxable by the State of Nevada and its political subdivisions as established by the state board of equalization for each calendar year.


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

ê1939 Statutes of Nevada, Page 285 (CHAPTER 179, AB 124)ê

 

annual report for each calendar year, showing its transactions and proceedings and the transactions and proceedings of the state board of equalization for such year; and said commission shall furnish to the governor from time to time, when requested by him, certified statements showing the full cash value of the taxable property within or taxable by the State of Nevada and its political subdivisions as established by the state board of equalization for each calendar year.

      Sec. 8.  This act shall take effect upon its passage and approval.

Annual reports

 

 

 

 

 

In effect

 

________

 

CHAPTER 180, AB 254

[Assembly Bill No. 254–Mr. Cooper]

 

Chap. 180–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 certain acts relating thereto,” approved March 23, 1891, as amended, by amending section 23 thereof and by adding a new section thereto to be known as section 23 1/2.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 23 of the above-entitled act, the same being section 6434 N. C. L. 1929, is hereby amended to read as follows:

      Section 23.  The board of county commissioners of each county shall constitute a board of equalization, of which board the clerk of the board of county commissioners shall be the clerk. The board of equalization of each county shall meet on the fourth Monday of July in each year, and shall continue in session from time to time until the business of equalization presented to them is disposed of; provided, however, that they shall not sit after the third Monday in August. The board shall have power to determine the valuation of any property assessed by the assessor, and may change and correct any such valuation, either by adding thereto or deducting therefrom such sum as shall be necessary to make it conform to the actual cash value of the property assessed, whether said valuation was fixed by the owner or assessor; except that in case where the person complaining of the assessment has refused to give the assessor his list under oath, as required by this act, no reduction shall be made by the board in the assessment made by the assessor. If the board finds it necessary to add to the assessed valuation of any property on the assessment roll, they shall direct the clerk to give notice to the person so interested by letter, deposited in the post office, or express, or otherwise, naming the day when they shall act in that case, and allowing a reasonable time to appear.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County boards of equalization


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

ê1939 Statutes of Nevada, Page 286 (CHAPTER 180, AB 254)ê

 

Increased assessment

 

 

 

 

 

 

 

 

 

 

Relief from state board

 

 

 

 

 

 

 

 

 

 

 

 

 

Complaints as to discrimination

office, or express, or otherwise, naming the day when they shall act in that case, and allowing a reasonable time to appear. As soon as possible after the adjournment of the board in August, its clerk shall make out a list of all persons who have not appeared before the board, the valuation of whose property has been added to on the assessment roll, and shall state the amount so added, and list of all property, the valuation on which has been added to on the assessment roll, with the amounts so added, the owners of which have not appeared before the board; and the board of county commissioners shall cause the same to be published in one newspaper in the county, if there be any, and if not, then by posting one copy of the same in a public place in each election precinct in the county, and any person, to the assessed value of whose property there was an amount added, not appearing before the board of equalization, may appear before the state board of equalization at its next regular session, and upon making an affidavit that he had no knowledge of such increased valuation of his property, he shall be given a hearing and final judgment of the state board, and the secretary of the state board shall note all changes made and certify them to the county auditor, who shall make the changes required on the assessment roll. The county assessor and county recorder shall attend all meetings of the county board of equalization, without additional compensation, and the county recorder shall attend with an abstract of all unsatisfied mortgages and liens shown in the records of his office, arranged in alphabetical order, and all other information that it can procure from the records of his office, or otherwise, in equalizing the assessment roll of the county, and may require the assessor to enter upon such assessment roll any other property which has not been assessed; and the assessment and equalization so made shall have the same force and effect as if made by the assessor before the delivery of the assessment roll by him to the clerk of the board of county commissioners.

      And it is further provided, that any person, firm, company, association, or corporation, claiming overvaluation or excessive valuation of its property in the state, assessed by the tax commission by reason of undervaluation of the property of any other person, firm, company, association or corporation within any county of the state assessed by the county assessor or by reason of any such property not being so assessed, shall appear before the county board of equalization of the county or counties wherein such undervalued or nonassessed property may be, and make complaint concerning the same and submit proof thereon, which said complaint and proof shall, in any event, show the name of owner or owners, location, description and the full cash value of the property claimed to be undervalued or nonassessed, whereupon it shall be the duty of such county board of equalization to forthwith examine such proof and all data and evidence submitted by the complainant,


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

ê1939 Statutes of Nevada, Page 287 (CHAPTER 180, AB 254)ê

 

shall be the duty of such county board of equalization to forthwith examine such proof and all data and evidence submitted by the complainant, together with any evidence submitted thereon by the assessor or any other person, and if it shall be determined by the county board of equalization that the complainant has just cause for making such complaint it shall immediately make such increase in valuation of the property complained of as shall conform to its full cash value, or cause such property to be placed on the assessment roll at its full cash value, as the case may be, and make proper equalization thereof; provided, however, any such person, firm, company, association, or corporation claiming overvaluation or excessive valuation of its property, for the reason or reasons as in this section provided, failing to make complaint thereof and submit proof thereon to the county board of equalization of each county wherein it is claimed property is undervalued or nonassessed, shall not thereafter be permitted to make complaint of or offer proof concerning such undervalued or nonassessed property to the state board of equalization, or otherwise, save and except, in the event the fact that there is such undervalued or nonassessed property in any county has become known to the complainant after the final adjournment of the county board of equalization of that county for that year, complainant may make its complaint and submit its proof as hereinbefore provided at the September session of the state board of equalization, upon complainant proving to said board’s satisfaction it had no knowledge of such undervalued or nonassessed property prior to the final adjournment of said county board of equalization, whereupon it shall be the duty of said state board of equalization to proceed in the matter in like manner as provided herein for a county board of equalization in such case, and cause its order thereon to be certified to the county auditor with direction therein to change the assessment roll accordingly.

      Sec. 2.  The above-entitled act is hereby amended by adding thereto a new section to be known as section 23 1/2 reading as follows:

      Section 23 1/2.  Any taxpayer being aggrieved at the action of the county board of equalization in equalizing, or failing to equalize the value of his property, or property of others, may appeal to the state board of equalization at its September session, and present to such board the matters complained of; provided, all such appeals shall be presented upon the same facts and evidence as were submitted to the county board of equalization in the first instance, unless there shall be discovered new evidence pertaining to the matter which could not, by due diligence, have been discovered prior to the final adjournment of the county board of equalization;

 

 

 

 

 

Relief

 

Proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appeal


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

ê1939 Statutes of Nevada, Page 288 (CHAPTER 180, AB 254)ê

 

Proviso

 

 

 

 

 

 

 

Costs

 

 

 

In effect

provided further, it shall be the duty of each county board of equalization at the expense of the county to cause to be taken and transcribed a full and complete stenographic report of all its proceedings, the original or a full, true, and correct copy of which, duly verified by the person making such stenographic report, together with all exhibits, papers, reports, and other documentary evidence submitted to the said county board of equalization in all matters of equalization before it, shall be by the clerk of such board forwarded to and filed with the secretary of the state board of equalization on or before the opening day of the September session thereof; provided further, that in the event of an extensive hearing of any particular matter the county board of equalization may pro rate the cost of the stenographic transcript of that particular matter between the county and the complainant and make such arrangements as to the furnishing of a copy thereof to the complainant as shall be equitable.

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

 

________

 

CHAPTER 181, AB 193

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

District high schools

 

 

 

 

 

Petition

[Assembly Bill No. 193–Committee on Education]

 

Chap. 181–An Act relating to the establishment of district high schools in counties having a duly established county high school or county high schools, providing the powers and duties of boards of county commissioners with respect thereto, providing a county tax and a school district tax for the support of such schools, defining the powers and duties of county boards of education in relation thereto, providing for transportation of students, and repealing certain acts and parts of acts in conflict herewith.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  A district high school within the meaning of this act shall be a school in which subjects above the eighth grade are taught. A district high school differs from a regular county high school only in extent of territory, in plan of organization and in means of support, and as used in this act shall be deemed to mean a high school established in a county which has a duly established county high school or county high schools.

      Sec. 2.  Upon the presentation of a petition signed by at least three-fifths (3/5) of the taxpayers of any elementary school district calling for a district high school, the board of county commissioners, upon the recommendation of the deputy superintendent of public instruction for the district in which said elementary school district is established, may establish a high school in said school district, provided that the petition shall show the following precedent conditions:

 


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

ê1939 Statutes of Nevada, Page 289 (CHAPTER 181, AB 193)ê

 

in which said elementary school district is established, may establish a high school in said school district, provided that the petition shall show the following precedent conditions:

      1.  That there are at least ten (10) actual resident students of high school grade not over the age of twenty (20) years in said school district who are in need of and are desirous of having high school instruction and who propose to attend such district high school if and when established.

      2.  That the proposed district high school is situated forty (40) miles or more from a county high school or branch county high school or other district high school, in the same or any county; provided, that any district high school established prior to the passage and approval of this act, although within the forty (40) mile limit from another high school, shall come within the purview of this act and its establishment is hereby validated; provided further, that the board of county commissioners may, upon recommendation of the state board of education, authorize the establishment of a district high school within forty miles of another district or county high school when the transportation of students is found not to be feasible to said other high school and the cost thereof is found to be excessive.

      Sec. 3.  A district high school established in any school district under the provisions of this act shall be governed by the already existing board of school trustees of said elementary school district in which said district high school is established.

      Sec. 4.  In counties having one or more regularly established county high schools, the board of school trustees of a district in which a district high school has been established shall direct that a special tax of twenty-five (25¢) cents be levied on each one hundred ($100) dollars of assessed valuation of said school district, the returns of said special tax levy to be used for elementary or high school purposes as needed; and, in addition to the twenty-five (25¢) cent tax levy as above required, the board of school trustees shall direct that a special levy of fifteen (15¢) cents be levied on each one hundred ($100) dollars of assessed valuation of the district for the support of said district high school, if such levy is needed to help provide for the expenses of said district high school. A levy of twenty-five (25¢) cent special tax and said fifteen (15¢) cent special tax must be provided for before any county tax is levied for the support of said district high school.

      Sec. 5.  If the special tax levies provided for in section 4 of this act, together with any funds which may be derived from state and county apportionments and any other source, are insufficient for the support of said elementary and district high school, then the county board of education of the county in which said schools shall exist shall provide, by special county high school tax levy, funds for the aid of such school district when the following precedent conditions in any year of the required aid exist:

 

 

 

 

Showing

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

Government

 

 

Tax levy

 

 

 

 

 

Special tax

 

 

 

 

 

Deficiency


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

ê1939 Statutes of Nevada, Page 290 (CHAPTER 181, AB 193)ê

 

Deficiency

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County high school tax

county in which said schools shall exist shall provide, by special county high school tax levy, funds for the aid of such school district when the following precedent conditions in any year of the required aid exist:

      1.  That the said district high school is already established and is complying with the legal requirements of the state for such high school.

      2.  That the tax levies provided in section 4 of this act are insufficient to provide necessary funds for the support of said district high school and the elementary school.

      3.  That, in the case of a newly organized district high school, there shall be at least ten (10) actual resident students of high school grade needing or desiring high school training and proposing to attend such district high school when established, or, in the case of a district high school already established and in operation, the deputy superintendent of public instruction shall certify to the county board of education that the prospects are that there will be at least eight (8) actual resident students of high school grade in attendance at said district high school for the ensuing school year.

      4.  That, on or before February 10 of each year, the board of school trustees of said school district shall have submitted to the county board of education the regular school budgets for said elementary and high schools, together with a supplemental statement showing the amount of money required to be raised by county tax for the district high school.

      When the board of school trustees of the district in which said district high school shall exist shall have met the above requirements of sections 4 and 5 of this act, then the county board of education of that county shall fix the county high school tax at a figure which will provide not to exceed one hundred ($100) dollars per high school student as shown in the petition for the newly established district high school in the event that the high school has not been operating for one school year, or in average daily attendance for the last preceding school year in the event that said district high school has been operating for one school year.

      If the board of school trustees of any district in which a district high school shall exist shall have authorized, and there shall have been levied, a total special tax of fifty (50¢) cents instead of forty (40¢) cents on the one hundred ($100) dollars of assessed valuation of the district for the support of the schools of said school district, then the county board of education shall fix the county high school tax at a figure which will provide not to exceed two hundred ($200) dollars per high school student, as shown by the petition for a newly established district, or in average daily attendance for the last preceding school year in the event that said district high school has been operating for one school year; provided, however, that in no case shall the amount which the county board of education shall provide for the district high school be in excess of the amount shown by the budget submitted by the board of school trustees to be necessary for the support of said district high school for the year or years for which said budget is made.


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

ê1939 Statutes of Nevada, Page 291 (CHAPTER 181, AB 193)ê

 

however, that in no case shall the amount which the county board of education shall provide for the district high school be in excess of the amount shown by the budget submitted by the board of school trustees to be necessary for the support of said district high school for the year or years for which said budget is made.

      Any district high school receiving county aid under the provisions of this act shall admit, without charge, all qualified high school students from adjacent school districts in the same county which do not have high schools of their own.

      Sec. 6.  The county board of education shall include in its budget to be submitted to the board of county commissioners an estimate of the amount required to aid the district high school or district high schools in accordance with the foregoing provisions.

      Sec. 7.  All high schools receiving county aid under the provisions of this act shall be subject to the usual requirements as to courses of study and supervision, and the state board of education shall have authority to regulate the work done in such school so as to keep the high school work up to proper standard and in harmony with the high school work maintained in the county high school or county high schools of the county.

      Sec. 8.  The board of trustees of the high school district, with the approval of the board of county commissioners and upon petition of at least twenty-five (25%) percent of the qualified electors of any county, as shown by the vote cast at the preceding election for member of Congress, requesting such action, may include in its annual budget the cost of transporting high school pupils to and from a district high school at the expense of the county, and when the amount of such cost shall be so certified to the board of county commissioners it shall be the duty of the latter board to add to the next county tax such tax as may be necessary to provide such funds, and the board of education shall use the money collected from such tax for the purchase or use of motor vehicles and other necessary equipment, for the employment of drivers and other necessary employees, and in arranging for such transportation by contract or otherwise.

      In cases where pupils attending any other school situated in the same city or town as the district high school are transported at the expense of the public, the district board of education and the board of trustees of such other school district may enter into equitable agreements for the joint use of transportation facilities, so as to avoid a duplication of service and secure the maximum benefits from the moneys expended for transportation purposes.

      Sec. 9.  Sections 5923, 5924, 5925, 5927, 5928, 5929, and 5930 Nevada Compiled Laws 1929, and section 1 of an act entitled “An act to amend an act entitled ‘An act to authorize county commissioners in counties not having county high schools to aid district high schools under certain conditions, and other matters properly connected therewith,’ approved March 9, 1915, as amended, being section 5926 Nevada Compiled Laws 1929, by adding thereto a new section to be known as section 4,” approved March 24, 1931, and an act entitled “An act authorizing boards of county commissioners to establish district high schools; granting county boards of education and county commissioners authority to provide funds to aid district high schools and to include in the tax levy for high schools provision for the necessary funds; repealing all acts and parts of acts in conflict herewith; and other matters properly relating hereto,” approved March 23, 1937, are hereby repealed.

 

 

 

 

Pupils

 

 

Budget

 

 

 

Standards

 

 

 

 

 

 

 

 

 

Transport

 

 

 

 

 

 

 

Joint service


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

ê1939 Statutes of Nevada, Page 292 (CHAPTER 181, AB 193)ê

 

Repeal

 

 

 

 

 

 

 

 

 

 

In effect

entitled “An act to amend an act entitled ‘An act to authorize county commissioners in counties not having county high schools to aid district high schools under certain conditions, and other matters properly connected therewith,’ approved March 9, 1915, as amended, being section 5926 Nevada Compiled Laws 1929, by adding thereto a new section to be known as section 4,” approved March 24, 1931, and an act entitled “An act authorizing boards of county commissioners to establish district high schools; granting county boards of education and county commissioners authority to provide funds to aid district high schools and to include in the tax levy for high schools provision for the necessary funds; repealing all acts and parts of acts in conflict herewith; and other matters properly relating hereto,” approved March 23, 1937, are hereby repealed.

      Sec. 10.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

CHAPTER 182, AB 239

 

 

 

 

 

 

Preamble

[Assembly Bill No. 239–Mr. Springer]

 

Chap. 182–An Act for the relief of I. M. Springer, Sr.

 

[Approved March 25, 1939]

 

      Whereas, I. M. Springer, Sr., was, on or about the first day of June 1937, the owner of certain personal property, merchandise and material, which was situated in the Springer building, on the Lincoln highway, in Churchill County, Nevada, near the state fair grounds, consisting of one hay press power belt, sixty feet long, three rocking chairs, one library table, two sets of double harness, four horse collars, two hundred and fifty player piano rolls and sheet music, electrical fixtures, several dozen fruit jars, and other small items, building and underpinning, one range stove, twelve stoves, two thousand feet matched flooring, ten joints stove pipe, electrical appliances, two shower sets and pipe, bedstead and mattresses, three dining tables, miscellaneous lumber and small items, of the total value of seven hundred ($700) dollars; and

      Whereas, Said property was damaged and destroyed by employees of the state highway department of the State of Nevada, on or about the first day of June 1937; and

      Whereas, Said claim is a proper charge against the State of Nevada; and

      Whereas, There is no other method whereby said claim 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 claim of I. M. Springer, Sr., set out in the foregoing preamble, is hereby allowed and declared to be a valid claim against the State of Nevada in the sum of seven hundred ($700) dollars and the said sum of seven hundred ($700) dollars is hereby appropriated out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, to pay said claim, and the state controller is directed to draw a warrant in favor of I.


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

ê1939 Statutes of Nevada, Page 293 (CHAPTER 182, AB 239)ê

 

be a valid claim against the State of Nevada in the sum of seven hundred ($700) dollars and the said sum of seven hundred ($700) dollars is hereby appropriated out of any moneys in the general fund of the State of Nevada, not otherwise appropriated, to pay said claim, and the state controller is directed to draw a warrant in favor of I. M. Springer, Sr., for said amount, and the state treasurer is directed to pay the same.

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

Relief of Springer

 

 

 

 

In effect

 

________

 

CHAPTER 183, AB 191

[Assembly Bill No. 191–Committee on Education]

 

Chap. 183–An Act relating to the establishment of district high schools in counties not having a duly established county high school or county high schools, providing the powers and duties of boards of county commissioners with respect thereto, providing a county tax and a school district tax for the support of such schools, defining the powers and duties of boards of trustees of such high school districts in relation thereto, providing for transportation of students, and repealing certain acts and parts of acts in conflict herewith.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  A district high school within the meaning of this act shall be a school in which subjects above the eighth grade are taught. A district high school differs from a regular county high school only in extent of territory, in plan of organization and in means of support, and as used in this act shall be deemed to mean a high school established in a county which has no duly established county high school or county high schools.

      Sec. 2.  Upon the presentation of a petition signed by at least three-fifths (3/5) of the taxpayers of any elementary school district calling for a district high school, the board of county commissioners, upon the recommendation of the deputy superintendent of public instruction for the district in which said elementary school district is established, may establish a high school in said school district, provided that the petition shall show the following precedent conditions:

      1.  That there are at least ten (10) actual resident students of high school grade not over the age of twenty (20) years in said school district who are in need of and are desirous of having high school instruction and who propose to attend such district high school if and when established.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

District high schools

 

 

 

 

 

Petition


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

ê1939 Statutes of Nevada, Page 294 (CHAPTER 183, AB 191)ê

 

Location

 

 

 

 

 

 

 

 

 

 

 

 

Tax levy

      2.  That the proposed district high school is situated forty (40) miles or more from a county high school or branch county high school or other district high school, in the same or any county; provided, that any district high school established prior to the passage and approval of this act, although within the forty (40) mile limit from another high school, shall come within the purview of this act and its establishment is hereby validated; provided further, that the board of county commissioners may, upon recommendation of the state board of education, authorize the establishment of a district high school within forty miles of another district or county high school when the transportation of students is found not to be feasible to said other high school and the cost thereof is found to be excessive.

      Sec. 3.  A district high school established in any school district under the provisions of this act shall be governed by the already existing board of school trustees of said elementary school district in which said district high school is established.

      Sec. 4.  In any county in which no county high school is located, the county commissioners, at the time of making the annual levy for said county, if petitioned by the board of trustees of the district high school in any county having but one duly organized high school, or the several boards of trustees of the district high schools in counties having more than one such high school, shall levy a county tax for high school purposes of not less than twenty (20¢) cents, or such part thereof as is shown in said petitions to be necessary, on the hundred ($100) dollars of assessed valuation of the county, for the benefit of any district high school or schools that comply with the following conditions:

      1.  That the said district high school is already established and is complying with the legal requirements of the state for such high school.

      2.  That the board of school trustees of each district interested shall have submitted to the board of county commissioners at the time the annual school budget is filed with said commissioners, a resolution regularly adopted by said board of trustees, opening their high school to all properly qualified students of the county.

      3.  That the board of school trustees of the district or districts having high schools as described in paragraph 1 of this section shall each have levied a special district tax of not less than twenty-five (25¢) cents for school purposes.

      4.  That, in the case of a newly organized district high school, there shall be at least ten (10) actual resident students of high school grade needing or desiring high school training and proposing to attend such district high school when established, or, in the case of a district high school already established and in operation, the deputy superintendent of public instruction shall certify to the county board of commissioners that the prospects are that there will be at least eight (8) actual resident students of high school grade in attendance at said district high school for the ensuing school year.


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

ê1939 Statutes of Nevada, Page 295 (CHAPTER 183, AB 191)ê

 

established, or, in the case of a district high school already established and in operation, the deputy superintendent of public instruction shall certify to the county board of commissioners that the prospects are that there will be at least eight (8) actual resident students of high school grade in attendance at said district high school for the ensuing school year.

      Sec. 5.  In counties not having a regularly established county high school, if the special district tax levy of not less than twenty-five (25¢) cents, referred to in subparagraph 3 of section 4 hereof, together with any funds derived from state and county apportionments and any other source, are insufficient for the support of the schools of a district having a district high school, it shall be the duty of the board of county commissioners to include in its annual tax levy the amount estimated as required to be needed from county aid for each district high school by the boards of trustees of the various district high schools in that county who have complied with the conditions set forth in subparagraphs 1, 2, 3, and 4 of section 4 of this act, and such amounts when collected and paid into the county treasury shall be known as the “County Aid to District High School Fund”; provided, that not to exceed one hundred ($100) dollars per high school student, as shown in the petition for the newly established district high school, or in average daily attendance for the last preceding school year in a district high school already established, as the case may be, be provided by the county commissioners in the county levy for any district high school of a district which has a total special district tax of twenty-five (25¢) cents on the one hundred ($100) dollars of property valuation of the district for the support of the schools of said school district; provided further, that not to exceed four ($4) dollars additional per each such high school student for each cent of the special district tax over and above twenty-five (25¢) cents may be provided by the county commissioners in the county levy for any such district high school. The county aid for each district high school shall be segregated in this fund and may be drawn therefrom for the purpose of defraying the expenses of the district high school concerned, in the manner provided by law for drawing money from the county treasury by school trustees. It is hereby provided that the money so provided for each district high school shall be used for high school purposes and no other purpose.

      Sec. 6.  All high schools receiving county aid under the provisions of this act shall be subject to the usual requirements as to courses of study and supervision, and the state board of education shall have authority to regulate the work done in such high school so as to keep the high school work up to proper standard and in harmony with the high school work maintained in the state.

 

 

 

 

 

Extra tax

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso


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

ê1939 Statutes of Nevada, Page 296 (CHAPTER 183, AB 191)ê

 

 

 

Transport

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

 

 

 

 

 

 

 

 

 

 

In effect

done in such high school so as to keep the high school work up to proper standard and in harmony with the high school work maintained in the state.

      Sec. 7.  The board of trustees of the high school district, with the approval of the board of county commissioners and upon petition of at least twenty-five (25%) percent of the qualified electors of any county, as shown by the vote cast at the preceding election for member of Congress, requesting such action, may include in its annual budget the cost of transporting high school pupils to and from a district high school at the expense of the county, and when the amount of such cost shall be so certified to the board of county commissioners it shall be the duty of the latter board to add to the next county tax such tax as may be necessary to provide such funds, and the board of education shall use the money collected from such tax for the purchase or use of motor vehicles and other necessary equipment, for the employment of drivers and other necessary employees, and in arranging for such transportation by contract or otherwise; and in cases where pupils attending any other school situated in the same city or town as the district high school are transported at the expense of the public, the district board of education and the board of trustees of such other school district may enter into equitable agreements for the joint use of transportation facilities, so as to avoid a duplication of service and secure the maximum benefits from the moneys expended for transportation purposes.

      Sec. 8.  Sections 5923, 5924, 5925, 5927, 5928, 5929, and 5930 Nevada Compiled Laws 1929, and an act entitled “An act to amend an act entitled ‘An act to authorize county commissioners in counties not having county high schools to aid district high schools under certain conditions, and other matters properly connected therewith,’ approved March 9, 1915, as amended, being section 5926 Nevada Compiled Laws 1929, by adding thereto a new section to be known as section 4,” approved March 24, 1931, and an act entitled “An act authorizing boards of county commissioners to establish district high schools; granting county boards of education and county commissioners authority to provide funds to aid district high schools and to include in the tax levy for high schools provision for the necessary funds; repealing all acts and parts of acts in conflict herewith; and other matters properly relating hereto,” approved March 23, 1937, are hereby repealed.

      Sec. 9.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

 


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

ê1939 Statutes of Nevada, Page 297ê

CHAPTER 184, AB 159

[Assembly Bill No. 159–Mr. Kennett]

 

Chap. 184–An Act to amend an act entitled “An act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, making an appropriation for the support of said board, establishing county boards of health, requiring certain statements to be filed, defining certain misdemeanors and providing penalties therefor, and other matters relating thereto,” approved March 27, 1911.

 

[Approved March 25, 1939]

 

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 is hereby amended to read as follows:

      Section 1.  The state board of health is hereby created, consisting of the governor and four other members to be appointed by the governor, two of whom shall be doctors of medicine who have been licensed to practice in this state and who have been engaged in the practice of medicine in this state for not less than five years immediately prior to their appointment, and one of whom shall be a doctor of dental surgery who has been licensed to practice in this state and who has been engaged in the practice of dentistry in this state for not less than five years immediately prior to his appointment.

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

      Section 2.  The state board of health shall meet at Carson City on the second Tuesday in January and the second Tuesday in July in each year, and shall hold such special meeting as may be called by the chairman. A special meeting shall be called whenever requested by the state health officer or by two members of the board. Three members shall constitute a quorum, but a concurrence of at least a majority of the members of the board shall be required on all questions. Each appointive member of the board shall receive the sum of twenty dollars ($20) per day while attending meetings of the board, together with his necessary traveling expenses while engaged in the performance of his official duties.

      Sec. 3.  Section 3 of the above-entitled act is hereby amended to read as follows:

      Section 3.  The terms of office of the appointive members of said board shall be four years, except that upon the enactment of this law one person shall be appointed for a term of one year, one person for a term of two years, one person for a term of three years, and one person for a term of four years, all appointments thereafter to be for terms of four years each.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State board of health

 

 

 

 

 

 

 

 

Meetings

 

 

 

 

 

 

 

 

 

Terms


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

ê1939 Statutes of Nevada, Page 298 (CHAPTER 184, AB 159)ê

 

 

 

 

 

 

State health officer

 

 

 

 

 

 

 

 

 

 

Salary

 

 

 

 

 

Duties

four years each. In case of the death, removal from office, or resignation of an appointive member of said board, the governor shall fill the vacancy by the appointment of a qualified person for the unexpired term. The state health officer shall act as secretary of the state board of health but shall not be a member.

      Sec. 4.  Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  The state board of health, with the approval of the governor, shall appoint the state health officer. He shall be a physician having the degree of doctor of medicine. He shall be a resident of Nevada for at least five years preceding the date of his appointment; he shall be licensed to practice in Nevada and shall have had at least one year’s post graduate training in public health or at least three years’ experience as a public health official. The state health officer shall be appointed for a term of four years. He may be removed from office by the state board of health for cause and after a hearing, or he may be removed at any time at the pleasure of the board upon the unanimous vote of all of the members of said board. A vacancy in the office shall be filled by appointment for the unexpired term. The state health officer shall devote his full time to his official duties and shall not engage in any other business or occupation. His annual compensation shall be determined by the state board of health, but shall be not more than thirty-six hundred dollars ($3,600) a year, together with his necessary traveling expenses while engaged in the performance of his official duties, to be paid monthly in the same manner as the salaries and expenses of other state officers are paid.

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

      Section 5.  The state health officer shall be the executive officer of the state board of health and the state registrar of vital statistics. He shall enforce all laws and regulations pertaining to the public health. He shall investigate causes of disease, epidemics, source of mortality, nuisances affecting the public health, and all other matters related to the health and life of the people and to this end may enter upon and inspect any public or private property in the state. He shall direct the work of subordinates and may authorize them to act in his place and stead. And he shall perform such other duties as the board of health may from time to time prescribe. The state board of health and the state health officer shall comprise the state department of health and, with the approval of the state board of health, the state health officer shall appoint and may remove subordinate officers and employees of the state department of health, but the compensation of all such subordinate officers and employees shall be fixed and controlled by the state board of health.


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

ê1939 Statutes of Nevada, Page 299 (CHAPTER 184, AB 159)ê

 

health, but the compensation of all such subordinate officers and employees shall be fixed and controlled by the state board of health.

      Sec. 6.  Section 25 of the above-entitled act is hereby amended to read as follows:

      Section 25.  The state board of health is hereby declared to be supreme in all health matters and it shall have general supervision over all matters relating to the preservation of the health and life of citizens of the state and over the work of the state health officer and all local (district, county and city) health departments, boards of health, and health officers. The state board of health shall have the power by affirmative vote of a majority of its members to adopt, promulgate, amend and enforce reasonable rules and regulations consistent with law: (a) to define and control dangerous communicable diseases; (b) to prevent and control nuisances; (c) to regulate sanitation and sanitary practices in the interests of the public health; (d) to provide for the sanitary protection of water and food supplies and the control of sewage disposal; (e) to govern and define the powers and duties of local boards of health and health officers; (f) to protect and promote the public health generally; and (g) to carry out all other purposes of this act. Such rules and regulations shall have the force and effect of law and shall supersede all local ordinances and regulations heretofore or hereafter enacted inconsistent therewith. A copy of every regulation adopted by the state board of health, giving the date that it takes effect, shall be filed with the secretary of state, and copies of the regulations shall be published immediately after adoption, and issued in pamphlet form for distribution to local health officers and the citizens of the state. The state board of health, with the assistance of the state health officer, shall make a biennial report to the governor, setting forth the condition of public health in the state and making such recommendation for legislation, appropriations and other matters as are deemed necessary or desirable. The board may hold hearings and summon witnesses to testify before it. The board shall take such measures as may be necessary to prevent the spread of sickness and disease and shall possess all powers necessary to fulfill the duties and exercise the authority prescribed in this act and to bring actions in the courts for the enforcement of all health laws and lawful rules and regulations.

      Sec. 6 1/2.  The state department of health is hereby designated as the agency of this state to cooperate with the duly constituted federal authorities in the administration of those parts of the federal social security act which relate to the maternal and child health services, care and treatment of crippled children, and the general promotion of public health, and is authorized to receive and expend all funds made available to the state department of health by the federal government, the state or its political subdivisions, or from any other source for the purposes provided in this act.

 

 

 

 

Powers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agency for federal cooperation


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

ê1939 Statutes of Nevada, Page 300 (CHAPTER 184, AB 159)ê

 

 

 

 

 

 

 

Divisions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hygiene

crippled children, and the general promotion of public health, and is authorized to receive and expend all funds made available to the state department of health by the federal government, the state or its political subdivisions, or from any other source for the purposes provided in this act.

      Sec. 7.  Section 26 of the above-entitled act is hereby amended to read as follows:

      Section 26.  There shall be in the state department of health the following divisions, together with such other divisions and bureaus as the state board of health may from time to time determine:

      1.  Division of local administration and epidemiology.

      2.  Division of vital statistics.

      3.  Division of public health engineering.

      4.  Division of laboratories.

      5.  Division of maternal and child health and crippled children.

      6.  Division of venereal disease control.

      The director of each such division shall be a person specially trained or adequately experienced in the duties of the division. The division of local administration and epidemiology may include a bureau of public health nursing, and such other bureaus as may be deemed necessary.

      Sec. 8.  Section 33 of the above-entitled act is hereby amended to read as follows:

      Section 33.  (a) The state department of health shall maintain the state hygienic laboratory, and may establish and maintain such branch laboratories as may be necessary.

      (b) The purpose of the state hygienic laboratory shall be: to offer without charge to health officials and licensed physicians of the state proper laboratory facilities for the prompt diagnosis of communicable diseases; to make necessary examinations and analyses of water, natural ice, sewage, milk, food, and clinical material; to conduct research into the nature, cause, diagnosis and control of disease; and to undertake such other technical and laboratory duties as the state board of health may direct in the interests of the public health.

      (c) The director of the division of laboratories of the state department of health shall be in charge of the state hygienic laboratory. He shall be a skilled bacteriologist, and shall have such technical assistants as may be appointed by the state health officer with the approval of the state board of health.

      (d) Reports of investigations conducted at the state hygienic laboratory may be published from time to time in bulletins and circulars, in the discretion of the state board of health.

      Sec. 9.  Those certain sections of the above-entitled act designated as sections 25, 26, 27, 28, 29, and 7, and constituting, respectively, sections 5269, 5270, 5271, 5272, 5273, and 5275 in Nevada Compiled Laws 1929, are hereby repealed.


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

ê1939 Statutes of Nevada, Page 301 (CHAPTER 184, AB 159)ê

 

designated as sections 25, 26, 27, 28, 29, and 7, and constituting, respectively, sections 5269, 5270, 5271, 5272, 5273, and 5275 in Nevada Compiled Laws 1929, are hereby repealed.

      Sec. 10.  The above-entitled act is hereby amended by the addition of a new section thereto, to be known as section 35, and to read as follows:

      Section 35.  By affirmative vote of the county commissioners of two or more adjacent counties, and with the approval of the state board of health, there may be created a health district with a health department consisting of a district health officer and a district board of health. Such district health department shall have jurisdiction over all public health matters in the county or counties comprising the health district. When a district board of health has been established all county boards of health and health officers in said district shall thereupon cease to exist. Such district board of health shall consist of two members from each county, to be appointed by the county commissioners of the county wherein they reside, together with one additional member to be chosen by the members so appointed. Not less than one of the members of the district board of health appointed by the county commissioners of each county shall be a physician licensed to practice medicine in this state. If the appointive members of the district board of health fail to choose the additional member within thirty days after the organization of the district health department, such member may be appointed by the state board of health. The district board of health shall have the powers, duties and authority of a county board of health in each of the counties comprising the health district. The district health officer shall be appointed by the district board of health. He shall have full authority as a county health officer in each of the counties comprising the health district and shall receive such compensation as may be agreed upon and fixed by the boards of commissioners of the counties comprising such district.

      Sec. 11.  The above-entitled act is hereby amended by the addition of a new section thereto, to be known as section 36, and to read as follows:

      Section 36.  The governing authorities of any incorporated city may abolish the offices of the local board of health and the office of the local health officer for such city and thereby signify its consent to be included in a county or district health department, whereupon the powers and duties of such local boards of health and health officers shall devolve upon the county or district health department. The governing authorities of any such city which has so consented to be included in a county or district health department may, after a period of three years following such inclusion, provide by resolution for withdrawal therefrom and for the reestablishment of a local health department for such city.

Repeal

 

 

 

 

Health districts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Local boards


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

ê1939 Statutes of Nevada, Page 302 (CHAPTER 184, AB 159)ê

 

 

 

 

 

 

 

 

 

 

 

 

Separability clause

 

 

 

 

 

Penalty

 

 

 

 

 

 

 

Printing

 

 

 

 

Other laws retained

a period of three years following such inclusion, provide by resolution for withdrawal therefrom and for the reestablishment of a local health department for such city.

      Sec. 12.  The above-entitled act is hereby amended by the addition of a new section thereto, to be known as section 37, and to read as follows:

      Section 37.  All health officers, local boards of health, sheriffs, constables, policemen, marshals, all persons in charge of public buildings and institutions, and all other public officers and employees shall respect and enforce this act and all lawful rules, orders and regulations adopted in pursuance hereof in every particular affecting their respective localities and duties.

      Sec. 13.  The above-entitled act is hereby amended by the addition of a new section thereto, to be known as section 38, and to read as follows:

      Section 38.  Each section of this act and every part of each section thereof is hereby declared to be an independent section or part of a section and the holding of any section or part thereof to be void or ineffective for any cause shall not be deemed to affect any other section or part thereof.

      Sec. 14.  The above-entitled act is hereby amended by the addition of a new section thereto, to be known as section 39, and to read as follows:

      Section 39.  Each and every person violating any of the provisions of this act or refusing or neglecting to obey any lawful order, rule or regulation of the state board of health shall be deemed guilty of a misdemeanor and upon conviction, where no different express penalty is provided, shall be punished by fine in any sum less than three hundred dollars ($300), or by imprisonment not to exceed six (6) months in the county jail, or by both such fine and imprisonment.

      Sec. 15.  The above-entitled act is hereby amended by the addition of a new section thereto, to be known as section 40, and to read as follows:

      Section 40.  The state printer shall supply to the state board of health all stationery, blanks and bound books that may be required on a requisition of the chairman and secretary of said board.

      Sec. 16.  The above-entitled act is hereby amended by the addition of a new section thereto, to be known as section 41, and to read as follows:

      Section 41.  Nothing contained in this act shall be construed as modifying or altering the powers conferred by law upon the commissioner of food and drugs with respect to the adulteration, mislabeling, or misbranding of foods, drugs, medicines and liquors, or the weighing and testing of dairy products to prevent fraud.

      Sec. 17.  When this act shall become effective the terms of office of the respective members of the existing state board of health shall immediately terminate.


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ê1939 Statutes of Nevada, Page 303 (CHAPTER 184, AB 159)ê

 

of office of the respective members of the existing state board of health shall immediately terminate.

      Sec. 18.  All acts and parts of acts in conflict with the provisions hereof are hereby repealed.

      Sec. 19.  This act shall be in effect from and after its passage and approval.

New board

 

Repeal

 

In effect

 

________

 

CHAPTER 185, AB 2

[Assembly Bill No. 2–Mr. Shelly]

 

Chap. 185–An Act relating to foster homes for children; providing a license therefor; providing a penalty for the violation thereof; and other matters properly relating thereto.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any family home in which one or more children under 16 years of age not related by blood, adoption or marriage to the person or persons maintaining the home are received, cared for, and maintained for compensation or otherwise, shall be deemed to be a foster home for children. No person shall conduct a foster home so defined without receiving an annual license to do so from the state welfare department.

      Sec. 2.  It shall be the duty of the state welfare department, in cooperation with the state board of health, to establish reasonable minimum standards for foster homes and to prescribe rules for their regulation to which all licensed foster homes must conform. No license shall be issued to a foster home until an investigation of the home and its standards of care has been made by the state welfare department. Any foster home that conforms to the established standards of care and prescribed rules shall receive a license from the state welfare department, which shall be in force for one year from the date of issuance and, on reconsideration of the standards maintained, may be renewed annually. The license shall show the name of the persons licensed to conduct the foster home, its exact location and the number of children that may be received and cared for at one time, and no foster home can receive for care more children than are specified in the license. The division of child welfare services or its authorized agent shall visit every licensed foster home as often as is necessary to assure that proper care is given to the children.

      Sec. 3.  No person other than the parents or guardian of a child and no agency or institution in this state or from any other state may place any child in the control or care of any person, or place such child for adoption without sending notice of the pending placement and receiving approval of the placement from the state welfare department.

 

 

 

 

 

 

 

 

 

 

 

Foster homes

 

 

 

License

 

 

 

 

Standards

 

 

 

 

 

 

 

Inspection


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

ê1939 Statutes of Nevada, Page 304 (CHAPTER 185, AB 2)ê

 

Adoptions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Removals

 

 

 

 

Penalty

 

 

 

In effect

any other state may place any child in the control or care of any person, or place such child for adoption without sending notice of the pending placement and receiving approval of the placement from the state welfare department.

      Sec. 4.  Except in proceedings for adoption no parent may voluntarily assign or otherwise transfer to another its rights and duties with respect to the permanent care, custody, and control of a child under 16 years of age, unless parental rights and duties have been terminated by order of the juvenile court.

      Sec. 5.  Whenever the state welfare department shall be advised or shall have had reason to believe that any person is conducting or maintaining a foster home for children without a license, as required by this act, it shall have an investigation made, and if the person is conducting a foster home it shall either issue a license or take action to prevent continued operation of the foster home.

      If at any time the division of child welfare services shall find that a child in a foster home is subject to undesirable influences or lacks proper or wise care and management, it shall notify any agency or institution that has placed the child in the home to remove it from the home, or if the child is in a foster home where it has been placed by its parents, relatives, or other persons independently of an agency, it shall take necessary action to remove the child and arrange for its care; provided, however, that this act shall not apply to homes in which children are placed by their own parents or legal guardians, and where the total cost of care is provided by said parents or guardians.

      Any person who violates any of the provisions of this act is guilty of a misdemeanor, and on conviction is punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), or by imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment.

      Sec. 6.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

 


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

ê1939 Statutes of Nevada, Page 305ê

CHAPTER 186, AB 314

[Assembly Bill No. 314–Committee on Ways and Means]

 

Chap. 186–An Act making an appropriation for the support of the state hygienic laboratory under the supervision of the state board of health of the State of Nevada, from April 1, 1939, to June 30, 1939, and for the first half of the fiscal year 1939-1940, and other matters properly relating thereto.

 

[Approved March 25, 1939]

 

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 general fund of the State of Nevada not otherwise specifically allotted the sum of twelve hundred seventy-five ($1,275) dollars for the support of the state hygienic laboratory for the remainder of the last half of the fiscal year 1938-1939, and the further sum of three thousand ($3,000) dollars for the first half of the fiscal year 1939-1940, to be expended under the direction of the state board of health of the State of Nevada.

      Sec. 2.  The state controller of the State of Nevada is hereby authorized, empowered and directed to issue his warrants in favor of the state board of health for the purposes set out in section 1 hereof, and the state treasurer of the State of Nevada is authorized, empowered and directed to pay the same as they may be presented.

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

 

 

 

 

 

 

 

 

 

 

 

 

State hygienic laboratory support

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 187, AB 257

[Assembly Bill No. 257–Mr. Brooks]

 

Chap. 187–An Act to amend an act entitled “An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act,” approved March 15, 1913, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 25, 1939]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 22 of said act, being section 2703 Nevada Compiled Laws 1929, is amended to read as follows:

 


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

ê1939 Statutes of Nevada, Page 306 (CHAPTER 187, AB 257)ê

 

Industrial insurance act

 

 

 

 

Individual rates

      Section 22.  (a) Whenever an establishment or work is dangerous in comparison with other like establishments or works, the Nevada industrial commission may advance its classification of risk and premium rates in proportion to the hazard. Such advancement of classification of risks and premium rates may be made without previous notice.

      (b) When, during the first full fiscal year, after June 30, 1938, that any employer is a contributor to the state insurance fund, the total amount paid out of the state insurance fund, or set apart therefrom, as hereinafter provided, on account of injuries sustained by his workmen, together with all costs incidental to such claims, is less than fifty percent of the contribution to said fund by such employer during the period since the employer became subject to this act, the rate of contribution of such employer during the following fiscal year shall be reduced or increased in accordance with the following table:

 

 

Premium Rate

Compensation cost

Decrease

 

Increase

0%

to

50%

                                               

33   1/3%

 

 

51%

to

70%

                                               

20        %

 

 

71%

to

90%

                                               

10        %

 

 

91%

to

110%

      (base rate).......................

0

 

0

111%

to

130%

                                             

                           

 

10        %

131%

to

150%

                                             

                           

 

20        %

151%

to

170%

                                             

                           

 

33  1/3%

 

      All accounts that show a loss ratio in excess of 170% shall be considered extra hazardous, and the premium rate shall be increased as the commission may deem necessary under the provisions of the Nevada industrial insurance act.

      If an employer has neither operated under nor been subject to this act, as an employer, for the period of one full fiscal year, and again becomes subject to this act as an employer, he shall be considered, for experience rating purposes, the same as a new employer, and shall resume at base rate; otherwise, the rate of contribution of an employer for each succeeding fiscal year shall be determined, as herein provided, from the time such employer first became subject to this act subsequent to June 30, 1938, but for not more than the preceding five fiscal years.

      If, during the time for which the experience rating is determined, the contribution of any employer averages less than $50 per fiscal year after June 30, 1938, during which the employer operated subject to this act, the contribution for such employer for the ensuing fiscal year shall be at the base rate.

      To the end that no employer shall evade the burden imposed by an unfavorable experience, or be denied the benefits of a favorable experience, in all cases where there has been a change (a) in ownership or employer; (b) in the operation of a plant; or (c) of interest of the employer, the commission shall have authority to determine whether such change justifies a new experience rating or a continuance of the experience rating existing prior to such change.


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

ê1939 Statutes of Nevada, Page 307 (CHAPTER 187, AB 257)ê

 

been a change (a) in ownership or employer; (b) in the operation of a plant; or (c) of interest of the employer, the commission shall have authority to determine whether such change justifies a new experience rating or a continuance of the experience rating existing prior to such change. It is the purpose of this provision that there shall be no change in experience rating because of change of ownership, or employer, unless there has been a substantial change in both ownership and management.

      The words “fiscal year” employed herein mean the period of time commencing on July 1 and ending on the succeeding June 30.

      The phrase “base rate” means the rate published in our schedule, effective during the period under review.

      Sec. 2.  It is hereby expressly provided that in the event any section of this act shall be held by any court to be void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act.

      Sec. 3.  This act shall be in full force and effect from and after July 1, 1939.

Continued ratings

 

 

 

 

 

 

 

“Base rate”

 

Separability clause

 

 

In effect

 

________

 

CHAPTER 188, AB 201

[Assembly Bill No. 201–Mr. Burke]

 

Chap. 188–An Act to amend an act entitled “An act providing for the creation of a state barbers’ health and sanitation board, defining the powers and duties of said board, defining certain terms, prescribing the terms upon which licenses or certificates of registration, health and sanitation may be issued to practitioners of barbering, creating county boards and declaring their powers and duties, prescribing penalties for the violation hereof, repealing all acts and parts of acts inconsistent herewith, and other matters relating thereto,” approved March 26, 1929, together with the acts amendatory thereof or supplementary thereto.

 

[Approved March 25, 1939]

 

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, being section 763 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  The state board of barber health and sanitation created under this act shall have authority to make reasonable rules and regulations for the administration of the provisions of this act. Said board shall conduct the examinations or delegate same to be conducted by any county administrative board hereinafter provided for, and said board shall prescribe sanitary requirements for barbershops and barber schools and set forth the qualifications and requirements for all barbers, apprentice barbers seeking to carry on the practice of barbering or operating a barbershop, or barber school, within any of the counties coming under the provisions of this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Barbers


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

ê1939 Statutes of Nevada, Page 308 (CHAPTER 188, AB 201)ê

 

Powers of board

 

 

 

 

 

 

 

 

 

 

 

 

 

Enforce closing agreements

 

 

 

 

 

 

 

 

County boards

 

 

 

 

In effect

all barbers, apprentice barbers seeking to carry on the practice of barbering or operating a barbershop, or barber school, within any of the counties coming under the provisions of this act. Said board shall annually fix the examination fee which shall not be more than $10, and the annual renewal license fee which shall not be more than $5. The board shall have the power also to fix the salary of the secretary and treasurer of the board, which shall not exceed the sum of $600 per year, and to fix the amount to be paid the other two members of the board which shall not exceed $10 to each member for each executive meeting in which the other member or members were in actual attendance. After the details of organization and the placing of this act in operation regular meetings of the board shall be held every three months. The board shall also fix the compensation of the members of the county administrative boards, which shall not exceed $5 per member per month. The board shall issue to those applicants who meet the requirements as set forth in the rules and regulations of the board a certificate of registration, health and sanitation. The board shall have power to approve, and, by official order, to establish the days and hours when barber shops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the board by any organized and representative groups of barbers of at least seventy (70%) percent of the barbers of any county, and the board shall have like power to investigate the reasonableness and propriety of the hours fixed by such agreement, as is conferred by this act, and said board may fix hours for any portion of a county.

      Sec. 2.  Section 12 of the above-entitled act, being section 771 N. C. L. 1929, is hereby amended to read as follows:

      Section 12.  In each county to which this act applies there shall be appointed by the state board of barber health and sanitation a county administrative board, consisting of three members, one of whom shall be the county physician, one barber proprietor, who employs one or more barbers, and one journeyman barber. The barber members of said administrative board shall hold office at the pleasure of the state board of barber health and sanitation.

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

 

________

 

 


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

ê1939 Statutes of Nevada, Page 309ê

CHAPTER 189, AB 143

[Assembly Bill No. 143–Mr. Brooks]

 

Chap. 189–An Act to amend an act entitled “An act to amend an act entitled ‘An act fixing the method by which the charters of incorporated cities and towns may be amended,’ approved March 15, 1927, and as amended March 6, 1929,” approved March 17, 1937.

 

[Approved March 25, 1939]

 

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 1257 N. C. L. 1929, as amended March 17, 1937, chapter 77 Statutes of Nevada 1937, is hereby amended to read as follows:

      Section 1.  Whenever it is desired to amend the charter of any incorporated city or town within the State of Nevada, such amendment or amendments may be effected in any one of the following methods:

      1.  By an act of the legislature.

      2.  Upon the filing of a verified petition bearing the signatures of not less than sixty (60%) percent of the registered voters of the city or town, as certified by the clerk of the county wherein the city or town is located, praying for the adoption of any amendment or amendments fully set forth in such petition and exhibited to each of such signers prior to the signature being affixed thereto. Said signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of knowledge and belief.

      Upon the filing of any such petition bearing the required number of signatures, duly verified and setting out therein the amendment or amendments proposed, it shall be the duty of the governing body of such city or town to adopt such amendment or amendments by resolution without further proceeding.

      3.  Upon filing with the governing body of such city or town a verified petition bearing the signatures of not less than thirty percent (30%) of the registered voters of the city or town, a special election shall be called for the purpose or purposes as set forth in said petition, not later than forty-five (45) days after the filing of said petition; or, upon the filing with the governing body of such city or town a verified petition bearing the signatures of not less than ten percent (10%) of the registered voters of the city or town, the said amendment or amendments proposed in said petition shall be placed upon the ballot at the next general election, after the filing of the said petition, praying for the adoption of any amendment or amendments as fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cities and towns

 

 

 

Charters; how amended

 

 

 

 

 

 

 

 

 

 

 

Election


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

ê1939 Statutes of Nevada, Page 310 (CHAPTER 189, AB 143)ê

 

Election

 

 

 

 

 

 

 

 

 

 

 

 

In effect

of any amendment or amendments as fully set forth in such petition, and exhibited to each of such signers prior to the signature being affixed thereto. Said signatures need not all be appended to one paper, but each signer shall add to his or her signature the place of residence. One of the signers of each such petition shall swear that the statements therein made are true to the best of his or her knowledge or belief.

      Upon the filing of any such petition, bearing the signatures of the required number of registered voters, as provided in subdivision 3 hereof, the governing body of such city or town shall call a special election, or provide for the voting upon such proposed amendment or amendments at the next regular election, for the aforesaid purpose, as the aforesaid petition shall request.

      The said percentages, as provided in subdivisions 2 and 3 of this act, shall be determined from the number of registered voters at last general election held in said city or town next preceding the filing of the petition as aforesaid.

      Sec. 2.  This act shall take effect from and after its passage and approval.

 

________

 

CHAPTER 190, AB 171

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

School teachers’ retirement salaries

[Assembly Bill No. 171–Committee on Education]

 

Chap. 190–An Act to amend an act entitled “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, N. C. L. 1929, as amended,” approved March 29, 1937.

 

[Approved March 25, 1939]

 

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 209 Statutes of Nevada 1937, is hereby amended to read as follows:

      Section 1.  (a) The term “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).


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

ê1939 Statutes of Nevada, Page 311 (CHAPTER 190, AB 171)ê

 

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 teacher’s certificate; (3) as an instructor in the Nevada school of industry, teaching under a valid Nevada teacher’s 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 days 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 school days thus taught is to the entire number of school days that such school was maintained that year; provided, that the school was maintained six or more months in such year; and provided further, that any teacher be allowed ten days absence from school because of illness or death in the family of the teacher without deduction of service credit because of such absence; 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;

 

 

 

Definitions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Time of service


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

ê1939 Statutes of Nevada, Page 312 (CHAPTER 190, AB 171)ê

 

Time of service

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 any member of the retirement system shall have interrupted his teaching service in the public schools to serve in the army, navy, or marine corps of the United States of America in time of war, such service may be counted as teaching service toward the number of years required for retirement; provided, that twelve months of service shall be counted as a year;

      If a 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;

      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 present value of the future payments at any given time, as computed by the mortality and interest tables referred to in section 26 of this act.

      Sec. 2.  Section 16 of the above-entitled act is hereby amended to read as follows:

      Section 16.  Upon retirement, in lieu of the member’s annuity on the single-life basis 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 in the form of a lesser member’s annuity with the further benefits provided under one of the following options:

 


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