[Rev. 6/2/2018 8:15:42 AM]

LAWS OF THE STATE OF NEVADA

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

ê1945 Statutes of Nevada, Page 1ê

 

LAWS OF THE STATE OF NEVADA

PASSED AT THE

FORTY-SECOND SESSION OF THE LEGISLATURE

 

________

 

1945

________

CHAPTER 1, IP

[Initiative Petition]

 

Chapter 1–An Act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto.

 

[Enacted Pursuant to Direct Vote of the People, General Election, November 7, 1944]

 

The People of the State of Nevada do enact as follows:

 

      Section 1.  As used in this act: “State Department” means the state welfare department created by the state welfare act entitled “An act providing for the creation of a state welfare department; defining the powers and duties of such department; providing means of cooperation with the federal government and with the counties of Nevada in all matters concerning public assistance to needy individuals; authorizing the administration of funds appropriated or made available to said state welfare department; outlining the duties and authority of the state department and of the officers and employees of that department; making an appropriation for the support thereof; repealing all acts and parts of acts in conflict herewith; and other matters relating thereto.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definitions


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

ê1945 Statutes of Nevada, Page 2 (Chapter 1, IP)ê

 

Definitions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Eligibility for assistance to the needy aged

of such department; providing means of cooperation with the federal government and with the counties of Nevada in all matters concerning public assistance to needy individuals; authorizing the administration of funds appropriated or made available to said state welfare department; outlining the duties and authority of the state department and of the officers and employees of that department; making an appropriation for the support thereof; repealing all acts and parts of acts in conflict herewith; and other matters relating thereto.”

      “State Board” means the state board of relief, work planning and pension control of this state, as created by chapter 138, 1935 Statutes of Nevada, pages 301-304, both inclusive; designated under the state welfare act as the board of said state department.

      “Secretary” means the secretary of said state board.

      “County Board” means the board of county commissioners of a county.

      “Social Security Act” means the act of Congress approved August 14, 1935, and compiled as United State code, title 42, section 301, and certain sections following that section, as amended.

      “Applicant” means any person who has applied for assistance under this act.

      “Recipient” means any person who has received and is still receiving assistance.

      “Assistance” means money payments to aged persons in need.

      Sec. 2.  Assistance shall be granted under this act to any person who has all of the following qualifications combined at the time of the making of application therefor:

      (a) Is 65 years of age or older; provided, that if the Congress of the United States shall enact any law reducing the age of eligibility for old-age assistance, such reduced age limit shall be the age limit under this act.

      (b) Is a resident of the State of Nevada who has actually resided in this state for a period of five years or more during the nine years immediately preceding the making of the application for such assistance, the last one year of which shall have been continuous and immediately preceding the making of such application;

      (c) Is a citizen of the United States of America;

      (d) Is in need of financial or other assistance as provided for in this act, and has not sufficient income from all other available sources to provide a reasonable subsistence compatible with decency, health and needs as provided for in this act;

      (e) Is not an inmate of or being maintained by any municipal, county, state, federal or other public institution at the time of receiving any such assistance; provided, such an inmate may, however, make application for such assistance, but the same, if granted, shall not in the case of a person without dependents begin until after he or she ceases to be such inmate; provided further, no recipient having a dependent, or dependents, shall be deprived of his or her pension or assistance on account of any temporary confinement in such institution.


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

ê1945 Statutes of Nevada, Page 3 (Chapter 1, IP)ê

 

inmate may, however, make application for such assistance, but the same, if granted, shall not in the case of a person without dependents begin until after he or she ceases to be such inmate; provided further, no recipient having a dependent, or dependents, shall be deprived of his or her pension or assistance on account of any temporary confinement in such institution.

      (f) Has not, at any time within three years immediately prior to the filing of application for assistance, pursuant to the terms of this act, made any deed, conveyance, bill of sale, assignment or other transfer of property so as to render himself or herself eligible for such assistance under this act.

      (g) For the purposes of determining age of applicant as set out in subdivision (a), hereinabove, of section 2 of this act, any of the following documents showing his approximate age shall be sufficient proof of the age of the applicant;

      (1) Certificate of birth of applicant;

      (2) Certificate of baptism of applicant;

      (3) His statement of his age as recorded in his application for marriage license or in his marriage license, or certificate of marriage, or in his application for insurance if made prior to March 29, 1937, or at least five (5) years prior to the date of such application;

      (4) Statement of age of the applicant as shown be certified copy of copies of his or her record of registration for voting if said record of registration was made at least five (5) years prior to the date of such application;

      (5) Entries in a family Bible or other genealogical record or memorandum of the family of such applicant;

      (6) The returns of the United States census taken at least five (5) years prior to the date of such application;

      (7) The affidavit of reputable person if it is based upon his personal knowledge of facts which would determine and satisfactorily show the probable age of the applicant and is not merely a statement of belief based on applicant’s personal appearance; such affidavit shall contain statements of the circumstances upon which said affiant’s knowledge is based.

      (8) The board may also accept any other proof which in its opinion is sufficient to satisfactorily establish applicant’s age.

      Sec. 3.  The amount of the old-age assistance which any person shall receive under the provisions of this act shall be determined with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case, and shall, in any event, be sufficient, when added to all other income and support of the recipient, to provide such person with a reasonable subsistence, compatible with decency and his or her needs and health. The amount of income reasonably necessary to support each needy aged person requiring assistance, pursuant to the provisions of this act, including all income from every source, is hereby determined and designated as not less than $40 per month and, in determining the amount of assistance for each such person, the county board and state board shall fix the amount of such assistance at such a sum as, when added to all income from every source, shall equal the sum of not less than $40 per month; provided, however, that no person receiving aid under the provisions of this act shall be deemed a pauper by reason thereof.

Eligibility for assistance to the needy aged

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amount of assistance and measure of need


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

ê1945 Statutes of Nevada, Page 4 (Chapter 1, IP)ê

 

Amount of assistance and measure of need

 

 

 

 

 

 

 

Duties of state department

needy aged person requiring assistance, pursuant to the provisions of this act, including all income from every source, is hereby determined and designated as not less than $40 per month and, in determining the amount of assistance for each such person, the county board and state board shall fix the amount of such assistance at such a sum as, when added to all income from every source, shall equal the sum of not less than $40 per month; provided, however, that no person receiving aid under the provisions of this act shall be deemed a pauper by reason thereof. No warrant drawn in payment of the aid given under the provisions of this act shall contain any reference to indigency or pauperism.

      Sec. 4.  The state department shall:

      (a) Supervise and cooperate with the county boards in the administration of assistance to the needy aged under this act;

      (b) Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of this act. All rules and regulations made by the state department shall be binding on the counties and shall be complied with by the respective county boards;

      (c) Establish minimum standards for personnel employed by the state department and county boards in the administration of this act and make necessary rules and regulations to maintain such standards;

      (d) Prescribe the form of and cause the respective county boards to print and supply such forms as said state department may deem necessary and advisable and may direct for use in each county;

      (e) Cooperate with the federal government in matters of mutual concern pertaining to assistance to the needy aged, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of the plan for such assistance;

      (f) Make such reports, in such form and containing such information, as the federal government may from time to time require, and comply with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of such reports;

      (g) Publish an annual report to the governor of the State of Nevada, not later than four months after the close of each fiscal year, showing, for such year, the total amount paid under this act, the total number of persons assisted, and such other particulars as may be deemed advisable by said state board or as may be required by the governor of this state or by the federal government.

      (h) Submit to the governor of the State of Nevada on or before the 31st day of December of each even-numbered year for use in preparing his legislative budget for the next ensuing legislature of this state, and at such other times as he may direct, itemized budgets or estimates, and other information, in such form and detail as he may request.


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

ê1945 Statutes of Nevada, Page 5 (Chapter 1, IP)ê

 

may direct, itemized budgets or estimates, and other information, in such form and detail as he may request.

      (i) Establish a merit system covering all personnel engaged in the administration of this act, and the state department shall have the authority to establish and enforce the necessary rules and regulations not inconsistent with law to maintain such merit system.

      Sec. 5.  The county boards shall:

      (a) Cooperate with the state department in the administration of the provisions of this act in the respective counties subject to the rules and regulations prescribed by the state department pursuant to the provisions of this act;

      (b) Report to the state department at such times and in such manner and form as the state department may from time to time direct;

      (c) Mail checks received by it from the state department, under the provisions of this act, to recipient entitled thereto at his last known postoffice address with proper safeguard to assure that recipient or his legal representative actually receives the same.

      Sec. 6.  Application for assistance under this act shall be made to the county board of the county in which the applicant resides. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department. Such application shall contain a statement of the amount of property, both personal and real, in which the applicant has an interest and of all income which he may have at the time of the filing of the application, and such other information as may be required by the state department.

      Sec. 7.  Whenever a county board receives an application for assistance under this act, such application shall be promptly referred to the state department. An investigation and record shall promptly be made of the circumstances of the applicant in order to ascertain the facts supporting the application and in order to obtain such other information as may be required by the rules of the state department; provided, no relative of the applicant or recipient shall be in anywise required to contribute to the support and maintenance of said applicant or recipient, and no questionnaire or inquisition whatsoever shall be made or forwarded to any such relative; nor shall applicant or recipient be required to submit the name or names of any relative or relatives for the purpose of inquiring as to their financial ability to contribute any sum whatsoever to the support and maintenance of said applicant or recipient, it being the intent and purpose of this act to remove all applicants and recipients from the operation, restrictions, and provisions of section 5137 to 5150, inclusive, volume 2, Nevada Compiled Laws, 1929, the same being known as the pauper laws.

 

 

 

 

 

 

Duties of the county boards

 

 

 

 

 

 

 

Application for assistance

 

 

 

 

 

 

 

Investigation of application


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

ê1945 Statutes of Nevada, Page 6 (Chapter 1, IP)ê

 

 

 

 

Granting of assistance

 

 

 

 

 

Assistance not assignable

 

 

 

 

Appeal to the state department

 

 

 

State department may review decision of county boards

 

 

 

 

 

 

 

 

Periodic reconsiderations and changes in amount of assistance

      Sec. 8.  Upon the completion of such investigation the state department shall promptly, but within thirty (30) days thereafter, report its findings and recommendations to the county board. The county board shall decide whether the applicant is eligible for assistance under the provisions of this act, and within that time determine in accordance with the rules and regulations of the state department the amount of such assistance and the date on which such assistance shall begin. Within then (10) days after such determination, the county board shall notify the applicant and the state department of its decision. Such assistance shall be paid monthly to the applicant in the manner hereinafter provided for in this act.

      Sec. 9.  Assistance granted under this act shall not be transferable or assignable at law or inequity, and none of the money paid or payable under this act shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operations of any bankruptcy or insolvency law.

      Sec. 10.  If an application is denied by the county board in whole or in part, or if any award of assistance is modified or canceled under any provision of this act, the applicant or recipient may appeal to the state department or county welfare department, if one there be, in the manner and form prescribed by the state or county welfare department. The state or county welfare department, whichever has jurisdiction, shall, upon receipt of such an appeal, give the applicant or recipient reasonable notice and opportunity for a fair hearing.

      The state department may also, upon its own motion, review any decision of a county board, and may consider any application upon which a decision has not been made by the county board within a reasonable time. The state department may make such additional investigation as it may deem necessary, and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of this act. Applicants or recipients affected by such decisions of the state department shall, upon request, be given reasonable notice and opportunity for a fair hearing by the state department.

      All decisions of the state department shall be final and shall be binding upon the county involved and shall be complied with by the county board.

      Sec. 11.  All assistance grants made under this act shall be reconsidered by the county board as frequently as may be required by the rules of the state department. After such further investigation as the county board or the state department may deem necessary, the amount of assistance may be changed or assistance may be entirely withdrawn if the state department or the county board finds that the recipient’s circumstances have altered sufficiently to warrant such action.


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

ê1945 Statutes of Nevada, Page 7 (Chapter 1, IP)ê

 

changed or assistance may be entirely withdrawn if the state department or the county board finds that the recipient’s circumstances have altered sufficiently to warrant such action.

      Sec. 12.  On the death of any recipient, the total amount of assistance paid under this act shall be allowed as a claim against any estate of such person, after funeral expenses, the expenses of the last illness, and the expense of administering the estate have been paid; provided, that no claim shall be enforced against any real estate of a recipient while it is occupied by the surviving spouse or dependent of the recipient. No conveyance, transfer, or assignment or real or personal property shall be required of any applicant in order to secure the benefits of the Nevada old-age assistance act; provided, however, that any deed, conveyance or transfer of real or personal property, made by the applicant or recipient so as to defeat the purposes of this act and without the consent of the board, shall be null and void.

      The federal government shall be entitled to a share of any amounts collected from the estate of recipients equal to not more than one-half of the amount collected, if required as a condition to federal financial participation. The amount due the United States shall be paid promptly to the United States government. The remainder shall be paid to the old-age assistance fund of the State of Nevada, and to the county or counties concerned in proportion as their interests may appear.

      Sec. 13.  The award finally made of assistance to any recipient shall, upon his removal to another county of this state and his becoming a resident thereof, continue and be paid by the county theretofore awarding the same for a period of thirty days after such removal, after which his assistance from that county shall cease; and at any time thereafter, such recipient shall be entitled to apply for and, if eligible under the provisions of this act, shall be allowed and paid such old-age assistance by the county to which he so removed and of which he became such a resident as may be awarded by the county board of the county to which he so removed, subject to all the provisions and restrictions of this act just as if he had not theretofore been a recipient in said other county.

      Sec. 14.  Each of the counties of this state shall provide necessary and ample funds with which to pay old-age assistance to the needy aged persons thereof, as provided for in this act, and to pay the expenses of county administration thereof by that county; and for that purpose, it is hereby made the mandatory duty of the board of county commissioners of each and every county of this state and of all the other officers in this state having anything to do with the assessment of property for purposes of taxation, and with the collection of taxes, to levy, assess and collect an ad valorem tax on all the taxable property in their respective counties at a sufficient tax rate to provide ample money with which to pay all old-age assistance and expenses required to be paid by each such county in complete compliance with the provisions of this act.

 

 

 

 

Recovery from the estate

 

 

 

 

 

 

 

Federal government to share in estate

 

 

 

 

 

Removal to another county

 

 

 

 

 

 

 

County financial participation and tax levy


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

ê1945 Statutes of Nevada, Page 8 (Chapter 1, IP)ê

 

County financial participation and tax levy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State financial participation and tax levy

with the collection of taxes, to levy, assess and collect an ad valorem tax on all the taxable property in their respective counties at a sufficient tax rate to provide ample money with which to pay all old-age assistance and expenses required to be paid by each such county in complete compliance with the provisions of this act. The proceeds of such tax so collected in each county of this state shall be placed in a fund in the county treasury thereof and shall be designated the “Old-Age Assistance Fund” out of which such county treasurer shall, for convenience and economy in administration and in auditing accounts, transmit to the state treasurer monthly, or quarterly, at the time required by the rules and regulations of the state board, the full amount necessary to pay one-fourth of the total amount of old-age assistance to be paid in that county pursuant to section 3 of this act as certified to him by the county clerk of that county. The state treasurer shall place the same in a fund in the state treasury to be designated “Old-Age Assistance Fund of ...................County,” naming the particular county from which the particular money was so sent to him, and shall keep the money so sent him from each county in a separate account and fund for and as funds of that particular county, to be used for the purposes of this act in that county alone.

      It shall be the duty of said state treasurer as such officer to receive and so deposit said moneys, and to safely and faithfully keep, handle, and disburse such moneys for the said purposes alone in the manner hereinafter and in section 17 of this act provided for, and to render a true account of all such moneys; and he and the surety on his official bond to the State of Nevada, as such state treasurer, shall be responsible for all such moneys to the same extent as is provided for in his official bond for other public moneys in his custody.

      Sec. 15.  The funds to pay for the state’s participation in old-age assistance under this act shall be raised by the levy and collection of an ad valorem tax upon all the taxable property in this state, including the net proceeds of mines, sufficient to produce enough money to pay the state’s one-fourth (1/4) of the total amount of such old-age assistance and administration thereof, as provided for in this act, and shall be included in the state tax levy for each fiscal year hereafter unless and until otherwise provided by law. The state taxes so levied shall be collected and transmitted to and deposited in the state treasury in the same manner as now provided by law for the collection, transmission and deposit of other state taxes. The state treasurer shall, immediately upon receipt of any moneys so received by such taxation and bond issue, or either of them, place the same in a fund in the state treasury to be known and designated as “State Old-Age Assistance Fund,” out of which the state’s portion of the old-age assistance provided for in this act shall be paid upon warrants drawn by the state controller and paid by the state treasurer as hereinafter provided.


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

ê1945 Statutes of Nevada, Page 9 (Chapter 1, IP)ê

 

Assistance Fund,” out of which the state’s portion of the old-age assistance provided for in this act shall be paid upon warrants drawn by the state controller and paid by the state treasurer as hereinafter provided.

      Sec. 16.  All moneys furnished by the federal government pursuant to said social security act shall be deposited in the state treasury of this state in a fund which shall be designated “Old-Age Assistance Fund,” and used only for the purposes provided for in said social security act and in pursuance of the provisions of this act.

      It shall be the duty of the state treasurer of this state, as such officer, to receive and so deposit said moneys, and to safely and faithfully keep and handle such moneys for the said purposes and to render a true account of all such moneys; and he and the surety on his official bond to the State of Nevada as such state treasurer shall be responsible for all such moneys to the same extent as is provided for in his said bond for other public moneys in his custody.

      Insofar as the portion of the moneys so deposited to apply on the payment of old-age assistance in this state is concerned, it shall be used to pay directly to each recipient entitled thereto as determined by the county board of the county in which such recipient resides, and certified to said state controller and state treasurer by the secretary of said state board in the manner provided for in this act, for use in paying one-half of the amount of old-age assistance to which applicants and recipients in the particular county are entitled, as provided for in this act, and in said social security act, in the same manner as other state moneys are disbursed.

      Sec. 17.  For the purposes of convenience and economy in distribution and in the auditing of accounts so that it will not be necessary to draw and transmit to each recipient more than one warrant each month for his entire old-age assistance from all of the said three sources provided for under this act, the state controller and state treasurer are hereby authorized to combine in one fund in the state treasury, it be designated “Combined Old-Age Assistance Fund,” the said “Old-Age Assistance Fund” so composed of federal funds, the said “State Old-Age Assistance Fund” so composed of state funds, and the said old-age assistance funds of the several counties of this state so composed of county funds, by transferring therefrom the funds therein to said “Combined Old-Age Assistance Fund” as and when needed for distribution to recipients, by and upon warrants drawn by the state controller upon said “Old-Age Assistance Fund,” “State Old-Age Assistance Fund,” and the old-age assistance funds of the several counties, respectively, and the payment by said state treasurer of said warrants into said “Combined Old-Age Assistance Fund.”

 

 

 

Federal funds

 

 

 

Duty of treasurer

 

 

 

 

 

 

Funds to be paid directly to recipient entitled thereto

 

 

 

 

 

 

 

 

Combined old-age assistance fun


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

ê1945 Statutes of Nevada, Page 10 (Chapter 1, IP)ê

 

 

 

 

Payment of assistance; federal audit

 

 

 

 

 

Warrant to be for total amount of pension

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Facsimile signatures of controller and treasurer authorized

      Sec. 18.  The secretary of the said state board shall furnish to the governor of this state and to the state controller and state treasurer a full, true, and correct list of recipients in each county of this state entitled to such assistance, and of the monthly amount to be paid to each of them from said federal funds, certified to by him as being a full, true, and correct list of such recipients in that county and the amount to which each of them is entitled under this act, which list is subject to revision by said state board and its secretary to make it conform to such changes as may be duly made pursuant to the terms of this act. The state controller of this state shall promptly, upon receiving such certified list, draw his warrant upon said fund payable to each such recipient in the amount to which he or she is entitled, upon and pursuant to such certified list, and said state treasurer shall pay the same. Every such warrant shall be for the total amount of federal, state, and county funds to which each such recipient is entitled under the provisions of this act. Said state controller shall, immediately after such warrants have been so drawn, in the manner provided by law, mail all such warrants for distribution in each county to the county clerk of that county; said county clerk shall, immediately upon receipt thereof, mail such warrants to each of the recipients in that county entitled thereto or to his duly appointed and qualified guardian, if he has any such guardian, taking proper receipts therefor, or assuring himself by other proper evidence of such delivery. Insofar as that portion of said moneys so deposited to pay on the expenses of the administration of this act and of said social security act, and in the distribution of such old-age assistance is concerned, it shall be disbursed in the same manner as provided for hereinbefore in this section, except that the claims therefor shall be made and filed directly by the claimants entitled thereto and paid directly to them, upon the written approval of such claims by said secretary of said state board, and the audit and allowance thereof as required by the laws of this state; provided, however, that the state controller may, and he hereby is authorized to use a facsimile of his own handwritten signature, produced through a mechanical device, instead of his handwritten signature, in drawing and issuing his warrants for such old-age assistance payments; and said state treasurer may, and his hereby authorized to use a facsimile of his handwritten signature, produced through a mechanical device, instead of his handwritten signature, in countersigning such warrants; and provided further, that said mechanical device shall be of such nature that said facsimile signature may be removed from said mechanical device and kept in a separate and secure place; and provided further, that said facsimile signature of said state controller shall be made and used only under his personal direction and supervision in drawing and issuing such warrants, and said facsimile signature of said state treasurer shall be made and used only under his personal direction and supervision in countersigning said warrants; and provided further, that all of said mechanical devices shall, at all times, be kept in a vault, securely locked, when not so in use, to the end that any misuse, fraudulent use, or other improper use thereof shall be prevented.


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

ê1945 Statutes of Nevada, Page 11 (Chapter 1, IP)ê

 

further, that said facsimile signature of said state controller shall be made and used only under his personal direction and supervision in drawing and issuing such warrants, and said facsimile signature of said state treasurer shall be made and used only under his personal direction and supervision in countersigning said warrants; and provided further, that all of said mechanical devices shall, at all times, be kept in a vault, securely locked, when not so in use, to the end that any misuse, fraudulent use, or other improper use thereof shall be prevented.

      All officers mentioned hereinbefore in this section and concerned with the handling of such federal funds are hereby fully authorized to do and perform all acts and things necessary to accomplish the purposes of this section.

      The books, records, and accounts of said state controller and state treasurer relating to said old-age assistance fund in said state treasury shall be open to inspection and subject to audit by the United States government or said auditor or public accounts of the United States, or any other duly authorized auditor, accountant, or agent of either thereof.

      Sec. 19.  Whoever knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain by means of a willfully false statement or representation or by impersonation, or other fraudulent device, assistance to which he is not entitled; assistance greater than that to which he is justly entitled; any recipient who disposes of his or her property without the consent of the county board, and with intent to defeat the purposes of this act; or whoever aids or abets in buying or in any way disposing of the property, either personal or real, of a recipient of assistance without the consent of the county board, and with the intent to defeat the purposes of this act, shall be guilty of misdemeanor, and upon conviction thereof shall be fined not more than five hundred ($500) dollars or be imprisoned for not more than three (3) months, or be both so fined and imprisoned in the discretion of the court. In assessing the penalty the court shall take into consideration, among other factors, the amount of money fraudulently received.

      Sec. 20.  Subject to the provisions and under the restrictions contained in this act, every aged needy person, as defined in this act, while residing and being a resident of the State of Nevada shall be entitled, as a matter of right, to old-age assistance, as provided for in this act; and the provisions of this act providing for the furnishing and payment thereof are and shall be construed to be mandatory.

      Sec. 21.  Compliance with the mandatory provisions of this act may be enforced by writ of mandamus or other appropriate action or suit in any court of competent jurisdiction of this state upon proper proceeding therefor by or on behalf of the state board of any aggrieved applicant or recipient; and nothing in this act shall preclude any such applicant or recipient from recourse to the courts of this state to enforce his rights under any of the provisions of this act.

 

 

 

 

 

 

 

Officers authorized to perform all acts

 

Books open to inspection

 

 

 

 

 

Fraudulent acts

 

 

 

 

 

 

 

 

 

 

 

 

Compulsory old-age assistance

 

Enforcement of this act and recourse to courts


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

ê1945 Statutes of Nevada, Page 12 (Chapter 1, IP)ê

 

 

 

 

No fees to be paid

 

 

 

 

Assistance subject to change

 

 

 

 

 

 

 

Authorized to accept increased benefits

 

Severability clause

 

 

 

Short title

Repeal

on behalf of the state board of any aggrieved applicant or recipient; and nothing in this act shall preclude any such applicant or recipient from recourse to the courts of this state to enforce his rights under any of the provisions of this act.

      Sec. 22.  No person shall make any charge or receive any fees for assisting or representing an applicant or recipient of old-age assistance under this act; but the district attorneys of the respective counties of this state shall furnish them such assistance, not inconsistent with their duties as such district attorneys, as such applicants and recipients may require without additional compensation therefor.

      Sec. 23.  All assistance granted under this act shall be deemed to be granted and to be held subject to the provisions of this act, and thereafter subject to the provisions of any amending or repealing act that may hereafter be passed and approved, and no recipient shall have any claim for such assistance or for any compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing act.

      Sec. 24.  If in the future the Congress of the United States shall pass any law or laws that have the effect of liberalizing the participation of the federal government in the Nevada old-age assistance act either as to the reduction of the age of eligibility for assistance, or otherwise, the state and county boards are hereby authorized and empowered to accept the increased benefits of such congressional legislation, insofar as such acceptance may be legally delegated by the legislature to said boards.

      Sec. 25.  If any section, sentence, clause, phrase, word or portion of this act shall be held invalid or unconstitutional, the remaining provisions thereof shall not be affected thereby but shall continue to be given full force and effect as if the part so held invalid or unconstitutional had not been included herein.

      Sec. 26.  This act shall be cited as the Nevada old-age assistance act.

      Sec. 27.  That certain act of the legislature of this state entitled “An act relating to and providing for the general welfare of the State of Nevada and of the people thereof by providing for compulsory old-age assistance to needy aged persons in this state, as defined and provided for in this act; defining certain terms; designating the single state agency of this state to supervise the administration thereof, and defining the authority and duties thereof; providing for cooperation with the government of the United States in furnishing such pensions or assistance pursuant to the provisions of the so-called social security act of Congress, approved August 14, 1935; designating the boards, and other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of the rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto,” approved March 15, 1937, being chapter 67, page 129 of the 1937 Statutes of Nevada, as amended by chapter 8, page 8; chapter 109, page 246; and chapter 160, page 370, all of the 1941 Statutes of Nevada, which act as so amended is compiled as Nevada Compiled Laws-Supplement, 1931-1941, sections 5154.01-5154.28, both inclusive, and all other laws and parts of laws of this state in conflict with this act are hereby repealed.


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

ê1945 Statutes of Nevada, Page 13 (Chapter 1, IP)ê

 

other agencies, authorized to administer and supervise the administration of such assistance and defining the authority and duties thereof; defining the minimum amount of such need and assistance to each such needy aged person and the qualifications for eligibility therefor; authorizing the making and promulgation of the rules and regulations relating to the administration of this act; providing for the establishment of certain state and county funds and regulating the expenditures therefrom; providing penalties for the violation of the provisions of this act; repealing a certain act and all other acts and parts of acts of this state in conflict herewith; and other matters relating thereto,” approved March 15, 1937, being chapter 67, page 129 of the 1937 Statutes of Nevada, as amended by chapter 8, page 8; chapter 109, page 246; and chapter 160, page 370, all of the 1941 Statutes of Nevada, which act as so amended is compiled as Nevada Compiled Laws-Supplement, 1931-1941, sections 5154.01-5154.28, both inclusive, and all other laws and parts of laws of this state in conflict with this act are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

________

 

CHAPTER 2, SB 1

[Senate Bill No. 1–Senator Dressler]

 

Chap. 2–An Act to create a legislative fund.

 

[Approved January 17, 1945]

 

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches, and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any money now in the general fund not otherwise especially appropriated, the sum of seventy-five thousand dollars ($75,000), which shall constitute the legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly for per diem, mileage, stationery allowances, compensation, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay same.

      Sec. 3.  All moneys remaining in said fund at the adjournment of the legislature shall revert to the general fund.

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

 

 

 

 

 

 

 

 

 

 

Legislative appropriation $75,000

Duties of controller and treasurer

 

 

 

 

Reversion

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 14ê

CHAPTER 3, AB 3

 

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of county funds

 

 

In effect

[Assembly Bill No. 3–Esmeralda County Delegation]

 

Chap. 3–An Act authorizing and directing the county commissioners, county auditor, and county treasurer of Esmeralda County, Nevada, to transfer certain funds now in the treasury of said county.

 

[Approved February 5, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act the county commissioners of Esmeralda County, and the county auditor and treasurer of said county are authorized and directed to transfer the sum of $1,340 from the “County Road” fund of said county to the “1942 Emergency Loan, Interest, and Redemption” fund of said county, and to transfer the sum of $2,275 from the “County Road” fund of said county to the “1943 Emergency Loan, Interest, and Redemption” fund of said county.

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

 

________

 

CHAPTER 4, AB 6

 

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of funds

 

In effect

[Assembly Bill No. 6–Clark County Delegation]

 

Chap. 4–An Act authorizing the county treasurer and the county auditor of Clark County, of the State of Nevada, to transfer certain funds now in the treasury of said county.

 

[Approved February 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act it shall be the duty of the county auditor of Clark County, Nevada, and the county treasurer of said county to transfer from the Muddy valley irrigation fund to the Educational District No. 1 library fund, the sum of one hundred forty-seven dollars, forty cents ($147.40).

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 15ê

CHAPTER 5, AB 7

[Assembly Bill No. 7–Clark County Delegation]

 

Chap. 5–An Act authorizing the county treasurer and the county auditor of the county of Clark, State of Nevada, to transfer certain funds now in the treasury of said county.

 

[Approved February 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act it shall be the duty of the county auditor of Clark County, Nevada, and the county treasurer of said county to transfer from the Searchlight town fund to the Searchlight school bond fund, the sum of two thousand five hundred dollars ($2,500).

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of funds

 

In effect

 

________

 

CHAPTER 6, AB 11

[Assembly Bill No. 11–Mr. Thompson]

 

Chap. 6–An Act to exempt from taxation all Young Women’s Christian Association or Boy Scouts of America buildings, furniture, and equipments, and lots of ground on which they stand, used therewith, and necessary thereto, and to repeal all acts in conflict with the provisions of this act.

 

[Approved February 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  There shall be exempt from taxation all Young Women’s Christian Association or Boy Scouts of America buildings with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto; provided, that when any such property is used for any other than Young Women’s Christian Association or Boy Scouts of America purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

Certain property exempt from taxation

 

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 16ê

CHAPTER 7, AB 31

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Explanation of funds

 

 

 

 

 

 

Duty of treasurer

[Assembly Bill No. 13–Elko County Delegation]

 

Chap. 7–An Act relieving the county treasurer of Elko County, Nevada, of certain liability in connection with money on deposit in a certain closed bank; authorizing and directing the county treasurer and county auditor of Elko County, Nevada, to perform certain acts in relation thereto, and other matters properly connected therewith.

 

[Approved February 9, 1945]

 

      Whereas, On the first day of November 1932 the Henderson Banking Company, located in the city of Elko, county of Elko, State of Nevada, failed to open its doors for business; and

      Whereas, The county treasurer of Elko County had on deposit in said bank funds belonging to the county of Elko in the sum of $114,812.30; and

      Whereas, The assets of said closed bank were transferred to the Henderson Banking Company Mortgage Corporation which liquidated the assets of said bank and has paid depositors certain dividends in partial satisfaction of their deposits; and

      Whereas, The county treasurer of Elko County has received the sum of $82,401.64 from the said Henderson Banking Company Mortgage Corporation; and

      Whereas, The county treasurer of Elko County is charged upon the books of the county auditor of Elko County with the sum of $32,410.66, which represents the loss suffered by Elko County as the result of the closing of said bank; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  On the first day of November 1932 the treasurer of Elko County, in the performance of his duties and in his official capacity as county treasurer of said county, had on deposit funds belonging to the said Elko County in the sum of $114,812.30 in the following bank: Henderson Banking Company; that said bank was closed and its assets liquidated; that the treasurer of Elko County has recovered the sum of $82,401.64; that the county of Elko sustained a loss of $32,410.66 by reason of the closing of said bank.

      Sec. 2.  The treasurer of Elko County is hereby relieved of all responsibility in connection with the loss suffered by Elko County by reason of the closing of said bank and is hereby authorized and directed to make all proper entries in the books and records of his office to cancel and charge said loss of $32,410.66 from his accounts.

      Sec. 3.  The auditor of Elko County is hereby authorized and directed to make all proper entries in the books and records of his office to credit the treasurer with said loss of $32,410.66.


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

ê1945 Statutes of Nevada, Page 17 (Chapter 7, AB 31)ê

 

and directed to make all proper entries in the books and records of his office to credit the treasurer with said loss of $32,410.66.

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

      Sec. 5.  This act shall become effective from and after its passage and approval.

Duty of auditor

 

Repeal

In effect

 

________

 

CHAPTER 8, AB 41

[Assembly Bill No. 14–Elko County Delegation]

 

Chap. 8–An Act relieving the county treasurer of Elko County, Nevada, as treasurer of the city of Elko, of certain liabilities in connection with money of the city of Elko, Nevada, on deposit in a certain closed bank; authorizing and directing the county treasurer and the county auditor of Elko County, Nevada, to perform certain acts in relation thereto and other matters properly connected therewith.

 

[Approved February 9, 1945]

 

      Whereas, On November 1, 1932, the Henderson Banking Company located in the city of Elko, county of Elko, State of Nevada, failed to open its doors for business; and

      Whereas, The county treasurer of Elko County in his official capacity as treasurer of the city of Elko had on deposit in said bank funds belonging to the city of Elko in the sum of $8,601.33; and

      Whereas, The assets of said bank were transferred to the Henderson Banking Company Mortgage Corporation which liquidated the assets of said bank and has paid depositors certain dividends in partial satisfaction of their deposits; and

      Whereas, The county treasurer of Elko County in his capacity as treasurer of the city of Elko has received the sum of $6,173.15 from the said Henderson Banking Company Mortgage Corporation; and

      Whereas, The county treasurer of Elko County as treasurer of the city of Elko is charged on the books of the county auditor of Elko County with the sum of $2,428.18, the loss suffered by the city of Elko as a result of the closing of said bank; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  On the first day of November 1932 the treasurer of Elko County in the performance of his duties and in his official capacity as treasurer of the city of Elko, Nevada, had on deposit funds belonging to the said city of Elko in the sum of $8,601.33 in the following bank: Henderson Banking Company; that the said bank was closed and its assets liquidated; that the treasurer of Elko County has recovered the sum of $6,173.15; that the city of Elko sustained a loss of $2,428.18 by reason of the closing of said bank.

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Explanation of funds


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

ê1945 Statutes of Nevada, Page 18 (Chapter 8, AB 41)ê

 

 

 

 

 

Duty of treasurer

 

 

 

 

Duty of auditor

 

 

Repeal

In effect

Elko in the sum of $8,601.33 in the following bank: Henderson Banking Company; that the said bank was closed and its assets liquidated; that the treasurer of Elko County has recovered the sum of $6,173.15; that the city of Elko sustained a loss of $2,428.18 by reason of the closing of said bank.

      Sec. 2.  The treasurer of the county of Elko is hereby relieved of all responsibility in connection with the loss suffered by said city of Elko by reason of the closing of said bank and is hereby authorized and directed to make all proper entries in the books and records of his office to cancel and charge said loss of $2,428.18 from his accounts.

      Sec. 3.  The auditor of Elko County is hereby authorized and directed to make all proper entries in the books and records of his office to credit the said treasurer with said loss of $2,428.18.

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

      Sec. 5.  This act shall become effective from and after its passage and approval.

 

________

 

CHAPTER 9, AB 82

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain counties may employ statistician

[Assembly Bill No. 28–Washoe County Delegation]

 

Chap. 9–An Act to amend “An act to empower county commissioners of counties in the State of Nevada having a population of fifteen thousand or more to employ a county statistician and appraiser, defining his duties, and authorizing the county commissioners to fix his compensation, and such other matters pertaining thereto,” approved March 10, 1939.

 

[Approved February 9, 1945]

 

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 2192.01 of the Nevada Compiled Laws of 1929, as amended, is hereby amended to read as follows:

      Section 1.  The county commissioners of any county in the State of Nevada having a population of fifteen thousand or more are hereby empowered to employ a county statistician whose duties shall be to gather such statistics as are required for the board of county commissioners, to enable them to properly obtain appraisals and data required by them in the discharge of their duties as county commissioners and as a board of equalization, and in the performance of such other duties as are conferred upon them by law, and to fix his salary in such sum or sums as they may deem just and proper, not to exceed two hundred twenty ($220) dollars per month, which said salary shall be paid from the general fund of the county as being approved and audited as required by law.


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

ê1945 Statutes of Nevada, Page 19 (Chapter 9, AB 82)ê

 

($220) dollars per month, which said salary shall be paid from the general fund of the county as being approved and audited as required by law.

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

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

 

 

Repeal

In effect

 

________

 

CHAPTER 10, AB 73

[Assembly Bill No. 37–Mr. McElroy]

 

Chap. 10–An Act relieving the treasurer of the city of Wells, Nevada, of certain liabilities in connection with money of the city of Wells, Nevada, on deposit in a certain closed bank; authorizing and directing the city treasurer of Wells, Nevada, to perform certain acts in relation thereto, and other matters properly connected therewith.

 

[Approved February 9, 1945]

 

      Whereas, On November 1, 1932, the Wells State Bank, located in the city of Wells, county of Elko, State of Nevada, failed to open its doors for business; and

      Whereas, The city treasurer of the city of Wells had on deposit in said bank funds belonging to the city of Wells in the sum of $5,445.93; and

      Whereas, The assets of said bank were fully liquidated and said bank has paid depositors certain dividends in partial satisfaction of their deposits; and

      Whereas, The city treasurer of the city of Wells has received the sum of $3,648.74 from the said Wells State Bank; and

      Whereas, The city treasurer of the city of Wells is charged on the books of the city of Wells with the sum of $1,797.19, the loss suffered by the city of Wells as a result of the closing of said bank; now therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  On the first day of November 1932 the treasurer of the city of Wells, in the performance of his duties and in his official capacity as treasurer of the city of Wells, Nevada, had on deposit funds belonging to the said city of Wells in the sum of $5,445.93 in the following bank: Wells State Bank; that the said bank was closed and its assets liquidated; that the treasurer of the city of Wells has recovered the sum of $3,648.74; that the city of Wells sustained a loss of $1,797.19 by reason of the closing of said bank.

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Explanation of funds


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

ê1945 Statutes of Nevada, Page 20 (Chapter 10, AB 73)ê

 

City treasurer relieved of responsibility

 

 

Auditor to make entries

 

 

Repeal

In effect

      Sec. 2.  The treasurer of the city of Wells is hereby relieved of all responsibility in connection with the loss suffered by said city of Wells by reason of the closing of said bank and is hereby authorized and directed to make all proper entries in the books and records of his office to cancel and charge said loss of $1,797.19 from his accounts.

      Sec. 3.  The auditor of the city of Wells is hereby authorized and directed to make all proper entries in the books and records of his office to credit the said treasurer with said loss of $1,797.19.

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

      Sec. 5.  This act shall become effective from and after its passage and approval.

 

________

 

CHAPTER 11, AB 04

 

 

 

 

 

 

 

 

 

 

 

 

 

Washoe county commissioners may create postwar fund

 

 

 

 

 

 

 

 

How expended and for what purpose

[Assembly Bill No. 40–Washoe County Delegation]

 

Chap. 11–An Act authorizing the board of county commissioners of Washoe County, Nevada, to create a postwar reserve fund; providing for the use thereof; providing for the investments of funds therefrom; providing for the transfer of any surplus funds from the salary fund of said county to said fund, and other matters properly related thereto.

 

[Approved February 16, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Washoe County, Nevada, hereby is authorized and empowered in its discretion and as it deems proper to transfer, from time to time, any surplus in the salary fund of said county into a postwar reserve fund, which said fund shall be known as the “Washoe County Courthouse and Jail Fund”; provided, that the total amount so transferred shall not exceed the sum of five hundred thousand ($500,000) dollars. The moneys in said fund may be allowed to accumulate from year to year. Any moneys in said fund at the end of the fiscal year shall not lapse nor shall the same be a surplus available for expenditure for any other purposes than those hereinafter specified.

      Sec. 2.  The board of county commissioners of Washoe County, Nevada, hereby is authorized and empowered in its discretion and as it deems proper, at any time prior to January 1, 1955, to expend all or any part of such fund, labor and materials being available, for the purposes of remodeling, reconstructing, making additions to, and improving and repairing the Washoe County courthouse and jail, and in providing furnishings therefor.


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

ê1945 Statutes of Nevada, Page 21 (Chapter 11, AB 04)ê

 

      Sec. 3.  The board of county commissioners of Washoe County, Nevada, hereby is authorized and empowered to invest any or all funds in said “Washoe County Courthouse and Jail Fund” in bonds of the United States of America, and maintain said investment in said bonds until such time as the said board of county commissioners of Washoe County, Nevada, shall deem it advisable to expend said funds.

      Sec. 4.  All the laws in force governing the letting of contracts by boards of county commissioners of this state, and all other pertinent laws hereby are made applicable to and shall govern the board in its official acts in connection herewith, and all bills contracted, or payments made, for the purpose of carrying out the provisions of this act shall be by the board of county commissioners of Washoe County, authorized, audited, and paid as other obligations of said county are authorized, presented, allowed, and paid.

      Sec. 5.  This act shall be effective from and after its passage and approval.

 

May be temporarily invested in U. S. bonds

 

 

 

Expenditures governed by existing laws

 

 

 

 

 

In effect

 

________

 

CHAPTER 12, SB 9

[Senate Substitute for Assembly Bill No. 9–Committee on Judiciary]

 

Chap. 12–An Act 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, as amended.

 

[Approved February 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 25 of the above-entitled act, being section 1957 N. C. L. 1929, is hereby amended to read as follows:

      Section 25.  All unaudited claims or accounts against any county in this state shall be presented to the board of county commissioners of said county, duly certified by the claimant, within six months from the time such claims or accounts become due or payable; provided, that the certification required by this section shall be in substantially the following form: “I hereby certify that the above and foregoing claim against..........................County, State of Nevada, is just and reasonable, and that said claim is now due, owing and unpaid.”

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Unaudited claims to be presented within six months

 

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 22ê

CHAPTER 13, AB 44

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of funds

 

 

In effect

[Assembly Bill No. 44–Esmeralda County Delegation]

 

Chap. 13–An Act authorizing and directing the county auditor and county treasurer of Esmeralda County, Nevada, to transfer certain funds now in the treasury of said county.

 

[Approved February 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act the county auditor and county treasurer of Esmeralda County are authorized and directed to transfer the sum of five hundred and fifty ($550) dollars from the “District High School Special” fund to the “High School Loan, Interest, and Redemption” fund of said county.

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

 

________

 

CHAPTER 14, SB 21

 

 

 

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 12–Senator Farndale]

 

Chap. 14–An Act providing for an emergency appropriation for the administration of the office of veterans’ service commissioner; directing the sum of twenty-nine hundred ($2,900) dollars to be transferred from the general fund of the State of Nevada for such purpose, and directing the controller and treasurer of the State of Nevada to make such transfer.

 

[Approved February 21, 1945]

 

      Whereas, The forty-first legislative session appropriated the sum of ten thousand ($10,000) dollars for the administration of the office of veterans’ service commissioner for the biennium ending June 30, 1945; and

      Whereas, The constantly increasing tempo of the war effort has, since the time of the creation of the office of veterans’ service commissioner, greatly enlarged the duties of such office to the extent that the cost of administration will, beginning with February 1, 1945, exceed the amount of money appropriated therefor; and

      Whereas, The balance in said fund on February 1, 1945, will be three hundred ($300) dollars. The requirement for the office from that date until July 1, 1945, will be as follows:

             Commissioner salary..........................................................................     $1,500

             Stenographer and secretary salary..................................................          750

             Travel expense....................................................................................          250

             Office equipment................................................................................          250

             Supplies...............................................................................................          200

             Rent......................................................................................................          250


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

ê1945 Statutes of Nevada, Page 23 (Chapter 14, SB 21)ê

 

being a total of thirty-two hundred ($3,200) dollars; and

      Whereas, It is imperative that the emergency now existing in the office of the veterans’ service commissioner be met by proper emergency legislation; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of carrying out and making effective the provisions of chapter 189, Nevada Statutes of 1943, entitled “An act creating the office of veterans’ service commissioner, providing the qualifications, the manner of appointment, duties, salary, and term of office of such officer, providing an appropriation therefor, and declaring an emergency to exist,” there is hereby appropriated and transferred out of the general fund of the State of Nevada the sum of twenty-nine hundred ($2,900) dollars for the purpose of paying the administrative expense of the office of veterans’ service commissioner for the period beginning February 1, 1945, and ending June 30, 1945. The controller and the treasurer of the State of Nevada are directed to do all things necessary to effectuate the purpose of this act.

      Sec. 2.  This act shall be construed as emergency legislation supplementing, but not repealing, the provisions of chapter 189, Nevada Statutes of 1943, being an act entitled “An act creating the office of veterans’ service commissioner, providing the qualifications, the manner of appointment, duties, salary, and term of office of such officer, providing an appropriation therefor, and declaring an emergency to exist,” approved March 29, 1943.

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

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation $2,900

 

 

 

 

 

 

Declared emergency legislation

 

 

 

 

In effect

 

________

 

CHAPTER 15, AB 94

[Assembly Bill No. 49–Lincoln County Delegation]

 

Chap. 15–An Act to amend “An act concerning and relating to Lincoln County officers, providing for the appointment of their deputies, and defining the duties of said officers and deputies, and fixing their compensation,” approved March 26, 1941, as amended March 16, 1943, 136.

 

[Approved February 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 1 of the above act, being chapter 96, Statutes of Nevada 1941, page 136, is hereby amended to read as follows:

      Section 1.  The compensation of the respective officers of the county of Lincoln, State of Nevada, is hereby fixed as follows, to be allowed, audited, and paid monthly:

 

 


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

ê1945 Statutes of Nevada, Page 24 (Chapter 15, AB 94)ê

 

 

 

Salary of commissioners

 

 

Salaries of clerk, recorder, treasurer

Salary of district attorney

Salary of assessor

Salary of sheriff

 

 

Sheriff may appoint deputies

 

 

 

 

 

 

 

Certain officers may appoint deputies

 

 

 

 

Provisos

the county of Lincoln, State of Nevada, is hereby fixed as follows, to be allowed, audited, and paid monthly:

      The county commissioners shall each receive twelve hundred ($1,200) dollars per annum, and in addition each commissioner shall be allowed mileage at the rate of seven and one-half (7 1/2¢) cents per mile for each mile necessarily and actually traveled in going to and returning from regularly convened meetings of the board.

      The county clerk, county recorder, and county treasurer shall each receive three thousand ($3,000) dollars per annum.

      The district attorney shall receive twenty seven hundred ($2,700) dollars per annum.

      The county assessor shall receive three thousand ($3,000) dollars per annum.

      The county sheriff shall receive thirty-nine hundred ($3,900) dollars per annum.

      Sec. 2.  Section 4 of the above-entitled act, being chapter 96, Statutes of Nevada 1941, page 137, is hereby amended to read as follows:

      Section 4.  The sheriff may appoint such deputies as his office may, from time to time, require, and as the conditions of the county may demand, who shall receive monthly salaries to be fixed by the board of county commissioners, not in excess of two hundred fifty ($250) dollars per month, to be allowed, audited, and paid as salaries of other county officers; provided, that the sheriff may appoint other deputies who shall serve without compensation.

      Sec. 3.  Section 6 of the above-entitled act, being chapter 96, Statutes of Nevada 1941, page 137, is hereby amended to read as follows:

      Section 3.  The district attorney, the county assessor, the county recorder, and the county clerk may each employ a deputy, or deputies, when in their respective opinions the business of their offices requires and justifies the same, at a salary to be set by the board of county commissioners, not to exceed one-hundred seventy-five ($175) dollars per month, and the county treasurer, when in his opinion the business of the office requires and justifies the same, may appoint a deputy, or deputies, at a salary to be set by the board of county commissioners, not to exceed one hundred seventy-five ($175) dollars per month; provided, that immediately upon the appointment of any deputy, the official making the appointment shall notify the board of county commissioners of his action; and provided further, that the entire salaries paid to such deputy or deputies shall not exceed in any one year the sum of twenty-four hundred ($2,400) dollars. All salaries for deputies provided under the provisions of this act shall be paid in the same manner as the principals.


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

ê1945 Statutes of Nevada, Page 25 (Chapter 15, AB 94)ê

 

      Sec. 4.  All acts and parts of acts insofar as they are inconsistent with the provisions of this act are hereby repealed.

      Sec. 5.  This act shall become effective March 1, 1945.

 

Repeal

In effect

 

________

 

CHAPTER 16, AB 93

[Assembly Bill No. 39–Esmeralda County Delegation]

 

Chap. 16–An Act authorizing and directing the county commissioners, county auditor, and county treasurer of Esmeralda County, Nevada, to transfer certain funds now in the treasury of said county.

 

[Approved February 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act the county commissioners of Esmeralda County and the county auditor and treasurer of said county are authorized and directed to transfer the sum of $650 from the “Motor Vehicle” fund of said county to the “General” fund of said county; the sum of $1,385 from the “County Road” fund of said county to the “General” fund of said county; $1,850 from the “Fish and Game” fund of said county to the “General” fund of said county; and the sum of $304.31 from the “Road Redemption” fund of said county to the “General” fund of said county.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of funds

 

 

 

 

 

In effect

 

________

 

CHAPTER 17, AB 74

[Assembly Bill No. 47–Washoe County Delegation]

 

Chap. 17–An Act authorizing and directing the county commissioners of Washoe County to appoint a county engineer, defining his duties, fixing his compensation, and other matters relating thereto.

 

[Approved February 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of Washoe County are authorized and directed to employ, as county engineer and fix his compensation at a rate not to exceed three hundred fifty ($350) per month, a qualified and competent civil engineer who shall be registered as a professional engineer by the state board of registered professional engineers and who shall have been a resident of Washoe County for at least six months prior to his appointment.

 

 

 

 

 

 

 

 

 

 

 

Commissioners may appoint engineers


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

ê1945 Statutes of Nevada, Page 26 (Chapter 17, AB 74)ê

 

 

 

 

Duties and salary of county engineer

 

 

 

 

In effect

 

Repeal

engineers and who shall have been a resident of Washoe County for at least six months prior to his appointment. He shall hold his office at the pleasure of the board of commissioners and can be removed from office by said board at any time.

      Sec. 2.  The county engineer shall perform such duties as are required of him by the board of county commissioners. He may, with the consent and approval of the board of county commissioners, hire an assistant engineer at a salary not to exceed two hundred fifty ($250) dollars per month. He may also employ, with the consent and approval of the board of county commissioners, a stenographer at a salary not to exceed the sum of one hundred fifty ($150) dollars per month.

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

      Sec. 4.  All acts or parts of acts insofar as they are inconsistent with the provisions of this act are hereby repealed.

 

________

 

CHAPTER 18, AB 01

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Children of orphans’ home to attend Carson city schools; appropriation

 

 

 

 

In effect

[Assembly Bill No. 10–Mr. Folsom]

 

Chap. 18–An Act to amend an act entitled “An act to provide educational facilities for the children in the state orphans’ home and other matters properly connected therewith,” approved March 20, 1911, together with the acts amendatory thereof or supplemental thereto.

 

[Approved February 28, 1945]

 

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 7599 N. C. L. 1929, as amended by chapter 11, Statutes of Nevada 1943, is hereby amended to read as follows:

      Section 1.  The children residing at the state orphans’ home shall be included in the school census of Carson City school district, and in consideration of the allowance of seven thousand five hundred dollars ($7,500) for the biennium ending June 30, 1947, paid out of the general fund of the state treasury, the children of the state orphans’ home shall be entitled to attend, and shall attend, the Carson City public schools, and to receive therein the full attention, protection, and instruction accorded to any other children, all of which shall be of standard character approved by the state board of education.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 27ê

CHAPTER 19, AB 75

[Assembly Bill No. 57–Mr. Folsom]

 

Chap. 19–An Act to provide an additional and supplemental appropriation for the general support of the Nevada state orphans’ home.

 

[Approved February 28, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the biennium ending June 30, 1945, there is hereby appropriated out of any funds of the state treasury in the State of Nevada, not otherwise specifically allotted, the sum of eleven thousand nine hundred and ninety ($11,990) dollars as an additional and supplemental appropriation to that allowed in the budget for the general support of the Nevada state orphans’ home, apportioned as follows:

 

             Employees’ salaries...........................................................................     $3,500

             General support..................................................................................       5,657

             Equipment...........................................................................................       1,353

             General repairs....................................................................................       1,480

 

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

 

 

 

 

 

 

 

 

 

 

Additional appropriation for orphans’ home

 

 

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 28ê

CHAPTER 20, AB 64

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Amendment of title

[Assembly Bill No. 46–Lyon County Delegation]

 

Chap. 20–An Act to amend an act entitled “An act to declare the necessity of creating governmental subdivisions of the State, to be known as “soil conservation districts,” to engage in conserving soil resources and preventing and controlling soil erosion; to establish the state soil conservation committee, and to define its powers and duties; to provide for the creation of soil conservation districts; to define the powers and duties of soil conservation districts, and to provide for the exercise of such powers, including the power to acquire property by purchase, gift, and otherwise; to empower such districts to adopt programs and regulations for the discontinuance of land-use practices contributing to soil wastage and soil erosion, and the adoption and carrying out of soil-conserving land-use practices, and to provide for the enforcement of such programs and regulations; to provide for establishing boards of adjustment in connection with land-use regulations, and to define their functions and powers; to provide for financial assistance to such soil conservation districts; to declare an emergency requiring that this act take effect from the date of its passage, and for other purposes,” approved March 30, 1937.

 

[Approved February 28, 1945]

 

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 declare the necessity of creating governmental subdivisions of the state, to be known as “soil conservation districts,” to engage in conserving soil resources and preventing and controlling soil erosion; to establish the state soil conservation committee, and to define its powers and duties; to provide for the creation of soil conservation districts; to define the powers and duties of soil conservation districts, and to provide for the exercise of such powers, including the power to acquire property by purchase, gift, and otherwise; to empower such districts to adopt programs and regulations for the discontinuance of land-use practices contributing to soil wastage and soil erosion, and the adoption and carrying out of soil-conserving land-use practices, and to provide for the enforcement of such programs and regulations; to provide for establishing boards of adjustment in connection with land-use regulations, and to define their functions and powers; to provide for financial assistance to such soil conservation districts; to provide an appropriation therefor.


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

ê1945 Statutes of Nevada, Page 29 (Chapter 20, AB 64)ê

 

      Sec. 2.  Section 6 of the above-entitled act, being section 6870.06 of 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 6.  Within thirty (30) days after the date of issuance by the secretary of state of a certificate of organization of a soil conservation district, nominating petitions may be filed with the state soil conservation committee to nominate candidates for supervisors of such district. The committee shall have authority to extend the time within which nominating petitions may be filed. No such nominating petition shall be accepted by the committee, unless it shall be subscribed by ten (10) or more occupiers of lands lying within the boundaries of such district. Land occupiers may sign more than one such nominating petition to nominate more than one candidate for supervisor. The committee shall give due notice of an election to be held for the election of three supervisors for the district. The names of all nominees on behalf of whom such nominating petitions have been filed within the time herein designated, shall be printed, arranged in the alphabetical order of the surnames, upon ballots, with a square before each name and a direction to insert an X mark in the square before any three names to indicate the voter’s preference. All occupiers of lands lying within the district shall be eligible to vote in such election. Only such land occupiers shall be eligible to vote. The three candidates who shall receive the largest number, respectively, of the votes cast in such election shall be the elected supervisors for such district. The committee shall supervise the conduct of such election, shall prescribe regulations governing the conduct of such election and the determination of the eligibility of voters therein, and shall publish the results thereof. The sum of three hundred dollars ($300) for each of the fiscal years 1946 and 1947 is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise appropriated, to be used by the state soil conservation committee for the express purpose of carrying out the provisions of this section. Any moneys appropriated for use in any one year, not used in that year, shall revert to the general fund of the state treasury.

      Sec. 3.  Section 7 of the above-entitled act, being section 6870.07 of 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 7.  The governing body of the district shall consist of five (5) supervisors, elected or appointed as provided hereinabove. The two supervisors appointed by the committee shall be persons who are by training and experience qualified to perform the specialized skilled services which will be required of them in the performance of their duties hereunder.

 

 

 

 

 

Election of three supervisors for each district

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appointment, qualifications and tenure of supervisors


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

ê1945 Statutes of Nevada, Page 30 (Chapter 20, AB 64)ê

 

Chairman to be designated

 

 

 

 

 

 

 

Duties of county clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure if land in more than one county

 

 

 

 

Majority of supervisors to constitute quorum

      The supervisors shall designate a chairman and may, from time to time, change such designation. the term of office of each supervisor shall be three (3) years, except that the supervisors who are first appointed shall be designated to serve for terms of one and two years, respectively, from the date of their appointment. A supervisor shall hold office until his successor has been elected or appointed and has qualified. Vacancies shall be filled for the unexpired term within two weeks of the occurrence of the vacancy, by appointment by the remaining supervisors of the district. The chairman of the district governing body shall certify all such appointments immediately to the state soil conservation committee and to the secretary of state.

      The county clerk of the county in which a soil conservation district is situated, shall conduct an annual election for the replacing of any elected supervisor(s) whose term has expired and shall pay all costs of such election from county funds. Such election(s) shall be held during the first week of January of each year. The county clerk shall give public notice of such election by publication and /or written notice individually mailed to qualified electors not less than ten (10) days in advance of the date of election. The election shall be held at a mass meeting of electors in a centrally located public meeting place within the district. The county clerk shall preside at this meeting and the secretary of the soil conservation district shall keep a record of transactions at the meeting. Nominations shall be made verbally and voting shall be by secret ballot. The county clerk shall appoint five of the electors present to act, without pay, as judges and tellers. The result of the election shall be certified to the state soil conservation committee and to the secretary of state within one week following the date of election.

      If a soil conservation district embodies land lying in more than one county, the county clerks of the respective counties shall confer and delegate to the clerk of the county having the greatest number of qualified soil conservation district electors the duty of carrying out the provisions of this section, and shall reimburse the latter mentioned county on a pro rata for their respective counties’ share of the expenses of conducting the election.

      A majority of the supervisors shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination. A supervisor shall receive no compensation for his services, but he shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties.

      The supervisors may employ a secretary, technical experts, and such other officers, agents, and employees, permanent and temporary, as they may require, and shall determine their qualifications, duties, and compensation.


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

ê1945 Statutes of Nevada, Page 31 (Chapter 20, AB 64)ê

 

and temporary, as they may require, and shall determine their qualifications, duties, and compensation. The supervisors may call upon the attorney-general of the state for such legal services as they may require, or may employ their own counsel and legal staff. The supervisors may delegate to their chairman, to one or more supervisors, or to one or more agents, or employees, such powers and duties as they may deem proper. The supervisors shall furnish to the state soil conservation committee, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms, and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this act.

      The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements. Any supervisor may be removed by the state soil conservation committee, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other reason.

      The supervisors may invite the legislative body of any municipality or county located near the territory comprised within the district to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy which may affect the property, water supply, or other interests of such municipality or county.

 

 

Assistants may be employed

 

 

 

 

 

Surety bonds for all employees

 

 

 

 

 

Legislative bodies welcomed

 

________

 

CHAPTER 21, SB 65

[Senate Bill No. 56–Senator Tallman]

 

Chap. 21–An Act fixing the salaries of certain elective officers of Humboldt County; providing for the appointment of deputies by the county clerk, sheriff, assessor, and auditor and recorder of Humboldt County; fixing the salaries of such deputies, and providing for a probationary period for such deputies.

 

[Approved February 28, 1945]

 

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, and beginning with the first day of the first month thereafter, the assessor of Humboldt County shall receive an annual salary of three thousand ($3,000) dollars per year, together with the additional sum of three hundred ($300) dollars per year for travel expense and mileage, which sums shall be paid to him in twelve equal monthly installments, and which sums shall be in addition to all moneys now or hereafter received by him from the motor vehicle department of the State of Nevada.

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of assessor


.…………………………………………………………………………………………………………………

ê1945 Statutes of Nevada, Page 32 (Chapter 21, SB 65)ê

 

 

 

 

 

 

 

Certain officers may appoint deputies

 

 

 

 

Salaries of deputies, how regulated

 

 

 

 

 

 

 

 

 

 

Sheriff may appoint additional deputies

 

 

 

 

 

Full compensation for deputies with six months service

In effect

($300) dollars per year for travel expense and mileage, which sums shall be paid to him in twelve equal monthly installments, and which sums shall be in addition to all moneys now or hereafter received by him from the motor vehicle department of the State of Nevada.

      Sec. 2.  From and after the passage and approval of this act, the county clerk, auditor and recorder, assessor, and sheriff of Humboldt County shall have the authority to each appoint one office deputy. the sheriff’s deputy shall be the undersheriff. The assessor may employ such other deputies as may be necessary for him to perform the duties required of him by the motor vehicle department; provided, however, that the salaries of such deputies shall be paid out of such fees as he may receive from the motor vehicle department.

      Sec. 3.  The deputies of the county clerk, auditor and recorder, and assessor of Humboldt County shall receive an annual salary of eighteen hundred ($1,800) dollars per year, payable in twelve equal monthly installments; provided, however, that the first six (6) months served by each deputy shall be designated as a probationary period, during which period said deputies shall receive for the first three months a salary of one hundred ($100) dollars per month, and for the second three-month period, a salary of one hundred twenty-five ($125) dollars per month. The sheriff’s deputy, who shall be the undersheriff, shall receive an annual salary of twenty-seven hundred ($2,700) dollars to be paid in twelve equal monthly payments; provided, however, that the first six months served by such deputy shall be designated a probationary period, during the first three months of which said deputy shall receive a monthly salary of one hundred seventy-five ($175) dollars per month, and for the second three-month period a monthly salary of two hundred ($200) dollars per month.

      Sec. 4.  The sheriff, in addition to the deputy to be known as the undersheriff, may from time to time, with the consent of the board of county commissioners, appoint such other temporary deputies as the exigencies of the occasion require, which temporary deputies while so acting shall be paid at the rate not to exceed seven ($7) dollars per day.

      Sec. 5.  In the event any of the persons appointed as deputies under the provision of this act shall have performed the duties of the office to which they are appointed for a period of six months continuously prior to their appointment, they shall receive the full annual compensation herein provided and shall not be subject to the probationary provisions of this act.

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


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

ê1945 Statutes of Nevada, Page 33 (Chapter 21, SB 65)ê

 

      Sec. 7.  All acts and parts of acts in conflict herewith are hereby repealed.

Repeal

 

________

 

CHAPTER 22, SB 02

[Senate Bill No. 20–Senator Lemaire]

 

Chap. 22–An Act providing for the compensation of the county recorder and ex officio auditor of Lander County, State of Nevada.

 

[Approved March 1, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the effective date after the passage of this act, the county recorder, as such, and as ex officio auditor, shall receive two hundred twenty ($220) dollars per month, and the fees allowed under the act of February 27, 1883. He shall perform all county work required in the office, and shall extend the annual assessment roll without further compensation or charge against the county.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with this act are hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

Salary of auditor

 

 

 

In effect

 

Repeal

 

________

 

CHAPTER 23, SB 12

[Senate Bill No. 21–Senator Lemaire]

 

Chap. 23–An Act providing for the compensation of the commissioners of Lander County, State of Nevada.

 

[Approved March 1, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the effective date after the passage of this act, the county commissioners shall each receive a salary of ninety ($90) dollars per month in full compensation for all services and expenses; provided, that any commissioner residing more than ten miles from the county seat of said county shall receive, in addition to said salary, the sum of ten cents (10¢) per mile for each mile necessarily traveled in attending necessary meetings of the board.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with this act are hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

Salary of county commissioners

 

 

 

 

Repeal

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 34ê

CHAPTER 24, SB 22

 

 

 

 

 

 

 

 

 

 

 

Salary of county clerk

 

In effect

 

Repeal

[Senate Bill No. 22–Senator Lemaire]

 

Chap. 24–An Act providing for the compensation of the county clerk of Lander County, State of Nevada.

 

[Approved March 1, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the effective date after the passage of this act the county clerk of Lander County shall receive one hundred eighty ($180) dollars per month and such civil fees as are now allowed by law.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with this act are hereby repealed.

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

 

________

 

CHAPTER 25, SB 32

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff

[Senate Bill No. 23–Senator Lemaire]

 

Chap. 25–An Act providing for the compensation of sheriff and his deputies of Lander County, State of Nevada.

 

[Approved March 1, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the effective date after the passage of this act the sheriff of Lander County shall receive two hundred twenty ($220) dollars per month, and the commissions allowed by law for all collections of all licenses, which shall be compensation for all services rendered. The sheriff shall pay into the county treasury each month all moneys collected by him as fees, in both civil and criminal cases, with a statement certified under oath, and no salary shall be allowed or paid to said officer for any month unless said statement has been so made an filed with the county clerk; provided, that when it becomes necessary in criminal cases for the sheriff to travel a greater distance than thirty miles from the county seat, he shall be allowed his necessary traveling expenses; provided further, that in civil cases he shall be allowed his necessary expenses therefor, which shall be made a charge against the party or parties to whom the costs of action are taxed. The sheriff shall present to the board of county commissioners a bill of items of such necessary expenses actually incurred, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and paid.

      Sec. 2.  He may appoint two deputy sheriffs to serve in Lander County, and their salary shall be one hundred eighty ($180) dollars per month each.


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

ê1945 Statutes of Nevada, Page 35 (Chapter 25, SB 32)ê

 

in Lander County, and their salary shall be one hundred eighty ($180) dollars per month each.

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

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

May appoint deputies

 

 

Repeal

In effect

 

________

 

CHAPTER 26, SB 42

[Senate Bill No. 24–Senator Lemaire]

 

Chap. 26–An Act providing for the compensation of the county assessor of Lander County, State of Nevada.

 

[Approved March 1, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the effective date after the passage of this act, the county assessor shall receive one hundred eighty ($180) dollars per month, and such fees and commissions as are now allowed by law.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with this act are hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

Salary of assessor

 

 

Repeal

In effect

 

________

 

CHAPTER 27, SB 52

[Senate Bill No. 25–Senator Lemaire]

 

Chap. 27–An Act providing for the compensation of the district attorney of Lander County, State of Nevada.

 

[Approved March 1, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the effective date after the passage of this act the district attorney of Lander County, as such, shall receive two hundred twenty ($220) dollars per month and such fees and commissions as are now allowed by law.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with this act are hereby repealed.

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

 

 

 

 

 

 

 

 

 

 

 

Salary of district attorney

 

Repeal

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 36ê

CHAPTER 28, AB 25

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of district attorney

 

 

 

 

 

 

 

 

 

 

Salary of sheriff

[Assembly Bill No. 52–Elko County Delegation]

 

Chap. 28–An Act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 1, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county officers of Elko County, Nevada, their deputies and such other employees as are named in this act shall receive the following salaries in full compensation for all services rendered by them.

      Sec. 2.  The district attorney of Elko County, Nevada, shall receive a salary of three thousand eight hundred ($3,800) dollars per annum for all his services as such officer; in case of emergency he may, with the unanimous consent of the board of county commissioners, employ one deputy who shall receive a salary in amount not to exceed two hundred fifty ($250) dollars per month; the district attorney of Elko County is hereby authorized and empowered to employ one person to act as his secretary, who shall receive as salary an amount not to exceed one hundred fifty ($150) dollars per month; the district attorney and his deputy shall be allowed only their actual expenses while attending to official business of the county or state; provided, that no claim for expenses, any part of which pertains to any private matter, or to the business of any client, shall be allowed or paid under this act by the board of county commissioners of Elko County or any governmental agency.

      Sec. 3.  The sheriff of Elko County shall receive the sum of $3,800 per annum; he shall pay into the county treasury each month all moneys collected by him for fees without deduction of any nature; provided further, that when it becomes necessary in the discharge of other official duties for the sheriff to travel from the county seat, he shall be allowed his necessary and actual traveling expenses therefor, and his living expenses while away from the county seat in the discharge of his official duties; he shall also be reimbursed for any and all telegraphic and telephone tolls necessary in the discharge of his official duties. He shall present to the board of county commissioners a bill of items of such necessary expenses actually paid which shall be certified under oath, and the board of county commissioners shall audit and allow such claims in the same manner as other county expenses are audited and allowed. The sheriff of Elko County is hereby authorized and empowered to employ one undersheriff who shall receive a salary not to exceed $200 per month; one jailer who shall receive a salary of $150 per month; and one office deputy who shall receive a salary in an amount not to exceed $175 per month; provided, that in cases of emergency and when the board of county commissioners deem it necessary the sheriff may, with the unanimous consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue and to be paid at the rate of $5 per day, but not to exceed $150 per month for services performed in any one month by any such deputy.


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

ê1945 Statutes of Nevada, Page 37 (Chapter 28, AB 25)ê

 

employ one undersheriff who shall receive a salary not to exceed $200 per month; one jailer who shall receive a salary of $150 per month; and one office deputy who shall receive a salary in an amount not to exceed $175 per month; provided, that in cases of emergency and when the board of county commissioners deem it necessary the sheriff may, with the unanimous consent and approval of said board, appoint one or more deputies, such deputy or deputies to serve only as long as said emergency may continue and to be paid at the rate of $5 per day, but not to exceed $150 per month for services performed in any one month by any such deputy.

      Sec. 4.  The county clerk of the county of Elko, State of Nevada, and ex officio clerk of the district court of the Fourth judicial district of the State of Nevada, in and for the county of Elko, shall receive as salary the sum of $3,200 per annum; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county clerk may appoint one deputy who shall receive a compensation in an amount not to exceed $200 per month.

      Sec. 5.  The county recorder in and for the county of Elko, State of Nevada, and as ex officio auditor, shall receive the sum of $3,200 per annum as compensation for all his services as such officer; he shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county recorder may appoint one deputy, who shall receive a compensation in an amount not to exceed $175 per month.

      Sec. 6.  The assessor of Elko County, Nevada, shall receive a salary of $3,600 per annum; he shall pay into the county treasury of said county each month all moneys collected by him as fees and taxes, without deduction of any nature; the county assessor may appoint one deputy who shall receive a salary in an amount not to exceed $175 per month; he may employ such other assistants, with the unanimous consent of the board of county commissioners, as may be necessary; provided, however, the total compensation for the services and actual traveling expenses of all such other assistants shall not exceed $1,800 in any year. The salaries and commissioners authorized in this section shall be in full compensation for all services whatsoever required of and performed by the assessor’s office.

      Sec. 7.  The county treasurer and ex officio tax receiver of Elko County, Nevada, shall receive the sum of $3,200 per annum which shall be in full compensation for all services rendered by said treasurer. He shall pay into the county treasury each month all moneys collected by him as fees, without deduction of any nature; the county treasurer may appoint one deputy who shall receive a salary in an amount not to exceed $175 per month.

 

May appoint deputies

 

 

 

 

 

 

Salary of clerk

 

 

 

 

 

Salary of recorder

 

 

 

 

 

Salary of assessor

 

 

 

 

 

 

 

 

 

Salary of treasurer


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

ê1945 Statutes of Nevada, Page 38 (Chapter 28, AB 25)ê

 

Salary of commissioners

 

 

 

 

 

Salaries, how paid

 

Commissioners may appoint additional assistants

 

 

 

 

 

 

 

Certain act repealed

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

      Sec. 8.  The county commissioners of Elko County, Nevada, shall receive the sum of $1,800 per annum which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed 10¢ per mile for each mile necessarily traveled by the shortest practicable route in going to and returning from meetings of the board of county commissioners, or of the board of highway commissioners; provided, no such allowance shall be made to any commissioner residing at the county seat.

      Sec. 9.  All annual salaries herein provided shall be payable monthly in twelve equal installments.

      Sec. 10.  The county commissioners of Elko County, Nevada, are hereby authorized and empowered to appoint such other assistants to the officers named in this act and for such periods of time as may be necessary and to fix their compensation in an amount not to exceed $150 per month for any one such assistant; and are also authorized and empowered to fix the compensation of deputies and other assistants named in this act, but not in excess of the compensation named herein for such deputy or assistants; and to fix, from time to time, the rate per mile traveled, to be allowed as expenses for travel by officers or their deputies; provided, such rate shall not be in excess of 10¢ per mile traveled nor in excess of an amount allowed specifically by any act pertaining to any specific duty of any such officer.

      Sec. 11.  Chapter 164 Statutes of Nevada 1935 entitled “An act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith”; chapter 50 Statutes of Nevada 1941 entitled “An act to amend an act entitled ‘An act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith,’” and chapter 4 Statutes of Nevada 1943 entitled “An act to amend section 10 of an act entitled ‘An act fixing the compensation of the county officers of Elko County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers, and repealing all acts and parts of acts in conflict herewith,’” are hereby repealed. And all other acts and parts of acts, and amendments thereto, insofar as they are inconsistent with the provisions of this act, are hereby repealed.

      Sec. 12.  This act shall be in full force and effect from and after March 1, 1945.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 39ê

CHAPTER 29, SB 03

[Senate Bill No. 30–Senator Johnson]

 

Chap. 29–An Act to amend an act entitled “An act to provide for the registration of all births and deaths in the State of Nevada; providing penalties for the violation thereof; and other matters relating thereto,” approved March 25, 1929, as amended.

 

[Approved March 5, 1945]

 

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, as amended, being section 5280, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 5.  That the state registrar shall, upon request, supply to any applicant a certified copy of the record of any birth or death registered under the provisions of this act, for the making and certification of which he shall be entitled to a fee of fifty cents, to be paid by the applicant. The state registrar shall also upon request and payment of a fee of fifty cents, supply to any applicant a certificate reciting the birth date, sex, color, and birthplace of any person whose birth is registered under the provisions of this act. Such certificate to show that the date therein contained is as disclosed by the record of said birth. And every such copy of the record of a birth or death, when properly certified by the state registrar, and every such certificate, shall be prima-facie evidence in all courts and places of the facts therein stated. For any search of the files and records when no certified copy or certificate is made as herein provided, the state registrar shall be entitled to a fee of fifty cents for each hour, or fractional part of an hour of time of search, said fee to be paid by applicant. And the state registrar shall keep a true and correct account of all fees by him received under these provisions; provided, that the state registrar shall, upon request of any parent or guardian, supply, without fee, a certificate limited to a statement as to the date of birth of any child as disclosed by the record of such birth when the same shall be necessary for admission to school, or for the purpose of securing employment; and providing further, that the United States bureau of the census may obtain, without expense to the state, transcripts or certified copies of births and deaths without payment of the fees herein prescribed.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty of registrar concerning birth and death records

 

 

 

 

 

 

 

 

 

 

 

Provisos

 

 

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 40ê

CHAPTER 30, SB 33

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definition of “State Department”

 

 

 

 

 

 

 

Definition of “County Board”

 

 

Old-age records held confidential

 

 

 

 

 

 

Violations of confidence declared misdemeanor

[Senate Bill No. 33–Senator Tognoni]

 

Chap. 30–An Act authorizing and directing the state welfare department to make and enforce rules and regulations establishing and protecting certain records as confidential; requiring certain public officials to adopt rules protecting confidential records from publicity; making certain uses of old-age assistance records and information unlawful; providing penalties for violation thereof, and other matters properly relating thereto.

 

[Approved March 5, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  As used in this act:

      “State Department” means the state welfare department created by the state welfare act entitled “An act providing for the creation of a state welfare department; defining the powers and duties of such department; providing means of cooperation with the federal government and with the counties of Nevada in all matters concerning public assistance to needy individuals; authorizing the administration of funds appropriated or made available to said state welfare department and of the officers and employees of that department; making an appropriation for the support thereof; repealing all acts and parts of acts in conflict herewith; and other matters relating thereto,” approved March 23, 1937.

      “County Board” means the board of county commissioners of a county.

      Sec. 2.  For the purpose of complying with the provisions of title I, section 2(a)(8) of the social security act, the state department is hereby authorized and empowered and directed to establish and enforce reasonable rules and regulations governing the custody, use, and preservation of the records, papers, files, and communications filed with the state department and county boards relating to old-age assistance. Wherever, under provisions of law, names and addresses of, or information concerning, applicants and recipients of old-age assistance are furnished to or held by any other agency or department of government, such agency or department of government shall be bound by the rules and regulations of the state department prohibiting the publication of lists and records thereof or their use for purposes not directly connected with the administration of old-age assistance.

      Sec. 3.  It shall be unlawful, except for purposes directly connected with the administration of old-age assistance, and in accordance with the rules and regulations of the state department, for any person or persons to solicit, disclose, receive, make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of, and list of or names of, or any information concerning, persons applying for or receiving such assistance, directly or indirectly derived from the records, papers, files, or communications of the state or county boards or subdivisions or agencies thereof, or acquired in the course of the performance of official duties, or in any other manner whatsoever, in violation of the provisions hereof, and any person found guilty of violation of any provision of this act shall be deemed guilty of a misdemeanor and punished accordingly.


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

ê1945 Statutes of Nevada, Page 41 (Chapter 30, SB 33)ê

 

or any information concerning, persons applying for or receiving such assistance, directly or indirectly derived from the records, papers, files, or communications of the state or county boards or subdivisions or agencies thereof, or acquired in the course of the performance of official duties, or in any other manner whatsoever, in violation of the provisions hereof, and any person found guilty of violation of any provision of this act shall be deemed guilty of a misdemeanor and punished accordingly.

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

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 31, SB 4

[Senate Bill No. 4–Senator Cowles]

 

Chap. 31–An Act authorizing the state treasurer and the state controller to transfer the unexpended balances and moneys in certain special funds in the state treasury to the general fund therein, designating the funds and amounts to be transferred, and making provisions to carry out the purpose of this act.

 

[Approved March 5, 1945]

 

      Whereas, The following funds are kept separate and apart in the state treasury, to-wit:

 

Board of health-Emergencies......................................................................       $7,139.09

Board of health-Prevention of pollution of public waters......................         2,720.68

Carson river adjudication............................................................................         6,936.75

Care of expectant mothers...........................................................................            717.50

Recodifying the law relative to public schools........................................            870.00

Vocational education...................................................................................         2,264.59; and

      Whereas, Said funds are made up of unexpended moneys and balances remaining over and above the need for which they were collected, and in their present status can be utilized for no useful purpose; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Those certain fund balances now remaining in the board of health emergencies and prevention of pollution of public waters funds in the respective sums of $7,139.09 and $2,720.68, Carson river adjudication fund in the sum of $6,936.75, the care of expectant mothers fund in the sum of $717.50, the recodifying of law relative to public schools fund in the sum of $870, and the vocational education fund in the sum of $2,264.59, are hereby ordered reverted to the general fund of the State of Nevada, and the state treasurer and the state controller are hereby authorized and directed to do and perform each and everything necessary to carry into effect the provisions of the act and make proper entries thereof.

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Balances revert to general fund


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

ê1945 Statutes of Nevada, Page 42 (Chapter 31, SB 4)ê

 

 

 

 

In effect

the state treasurer and the state controller are hereby authorized and directed to do and perform each and everything necessary to carry into effect the provisions of the act and make proper entries thereof.

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

 

________

 

CHAPTER 32, SB 34

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Property exempt

 

 

 

 

 

 

Mines exempt, possessory claims taxed

 

 

 

Church property exempt, limitations

[Senate Bill No. 43–Senator Tallman]

 

Chap. 32–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, together with the acts amendatory thereof or supplemental thereto, as amended.

 

[Approved March 5, 1945]

 

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 6418 N. C. L. 1929, as amended, is hereby amended to read as follows:

      Section 5.  All property of every kind and nature whatsoever within this state shall be subject to taxation except:

      First-All lands and other property owned by the state, or by the United States, or by any county, incorporated farm bureau, domestic, municipal corporation, irrigation, drainage or reclamation district, town or village in this state, and all public schoolhouses, with lots appurtenant thereto, owned by any legally created school district within the state; also, nonprofit private schools, with lots appurtenant thereto, and furniture and equipment; drainage ditches and canals, together with the lands which are included in the rights of way of such.

      Second-Unpatented mines and mining claims; provided, that nothing in this section shall be so construed as to exempt from taxation possessory claims to the public lands of the United States, or of this state, or the proceeds of the mines; and provided further, that nothing herein shall be so construed as to interfere with the primary title to the lands belonging to the United States.

      Third-Churches, chapels, and other buildings used for religious worship, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto, and parsonages; provided, that when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed.


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

ê1945 Statutes of Nevada, Page 43 (Chapter 32, SB 34)ê

 

      Fourth-The funds, furniture, paraphernalia, and regalia owned by any lodge of the Order of Free and Accepted Masons, or of the Independent Order of Odd Fellows, or of any other similar charitable organization, or by any benevolent or charitable society so long as the same shall be used for the legitimate purposes of such lodge or society, or for such charitable or benevolent purposes; provided, that such exemption shall in no case exceed the sum of five thousand dollars to any one lodge, society, or organization.

      Fifth-All cemeteries and graveyards set apart and used for and open to the public for the burial of the dead, when no charge is made for burial therein.

      Sixth-The property of widows and orphan children, not to exceed the amount of one thousand dollars to any one family; the property of all totally blind persons, not to exceed the amount of three thousand dollars; provided, that no such exemption shall be allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year; and provided further, that no such exemption shall be allowed anyone the total value of whose property within the state exceeds six thousand dollars.

      Seventh-The real property owned and used by any post of any national organization of ex-service men or women. The separate and/or community property, not to exceed the amount of one thousand ($1,000) dollars, of any person who has served, or is serving, in the army, navy, marine corps, revenue marine, or in any other branch of the armed forces of the United States in time of war, and in the event of the severance of such service has received an honorable discharge therefrom. Such exemption shall be allowed only to claimants who shall make an affidavit annually before the county assessor to the effect that they are actual bona fide residents of the State of Nevada, that such exemption is claimed in no other county within this state, and that the total value of all property of affiant within this state is less than four thousand dollars; provided, however, that persons in actual military service shall be exempt during the period of such service from filing annual affidavits of exemption and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavit filed; provided, further, that in case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be made in his or her behalf during the period of such service by any person having knowledge of the facts.

Fraternal organizations exempt, limitations

 

 

 

 

 

Graveyards exempt, when

Widows and orphans exempt, when

 

 

 

 

 

 

 

 

Ex-service men and women exempted $1,000


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

ê1945 Statutes of Nevada, Page 44 (Chapter 32, SB 34)ê

 

Fraternity property connected with university exempt, limitations

 

 

Repeal

In effect

      Eighth-There shall also be exempt from taxation all real property owned by any fraternity, or chapter thereof, when the same is composed of students of the University of Nevada and used as a home for its members; provided, that such exemption shall in no case exceed the sum of seven thousand five hundred dollars to any one fraternity or chapter thereof.

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

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

 

________

 

CHAPTER 33, AB 8

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Board of control to execute deed

[Assembly Bill No. 8–Mr. Higgins]

 

Chap. 33–An Act directing the state board of control of the State of Nevada to convey to the United States, as a national monument, certain land situate in White Pine County, Nevada, providing for the manner of making such conveyance to correct an error in the description in a deed heretofore given, and other matters properly relating thereto.

 

[Approved March 5, 1945]

 

      Whereas, Chapter 107, Statutes of Nevada 1935, being entitled “An act directing the state board of control of the State of Nevada to convey to the United States, as a national monument, certain lands situate in White Pine County, Nevada, providing for the manner of making such conveyance, and other matters properly related thereto,” approved March 27, 1935, contains an error in the description of the land as set forth in section 1 of said act, and said error and discrepancy has been called to the attention of the state board of control by the United States department of the interior, national park service; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Upon the passage and approval of this act the state board of control of the State of Nevada is hereby authorized and directed to make, execute, and deliver to the United States of America, for the purpose of being a national monument, a conveyance of the following-described real estate, being that certain lot and parcel of land within the boundaries of Lehman cave national monument in partly surveyed township 13 north, range 69 east, M. D. B. & M. (which was set aside and proclaimed January 24, 1922), which said lot and parcel of land to be conveyed is a part of homestead entry, survey No. 149, embracing a portion of approximately sections ten (10) and fifteen (15) in township thirteen (13) north, of range sixty-nine (69) east, of the Mt.


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

ê1945 Statutes of Nevada, Page 45 (Chapter 33, AB 8)ê

 

Diablo base and meridian, Nevada, and which said lot, piece, or parcel of land is particularly described as follows, to wit:

      Commencing at corner No. 2 of said homestead entry survey No. 149 as described in the patent issued by the United States of America of the said homestead entry, and running thence along side line of said homestead entry north 70° 07′ east, 214.5 feet, thence north 32° 44′ west 21.41 feet to the place of beginning; thence first course, north 32° 44′ west 150 feet; thence second course, north 51° 31′ east 200 feet; thence third course, south 32° 44′ east 150 feet; thence fourth course, south 51° 31′ west 200 feet to the point of beginning.

      That said deed is given to correct the description in that certain deed heretofore made and executed and delivered by the parties of the first part to the party of the second part and which is of record in the office of the county recorder of White Pine County, Nevada.

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

 

 

Description of land

 

 

 

 

 

 

Purpose of act

 

 

 

In effect

 

________

 

CHAPTER 34, AB 51

[Assembly Bill No. 15–Elko County Delegation]

 

Chap. 34–An Act to amend an act entitled “An act to encourage and promote improvement and quality of livestock in the State of Nevada; to create the Nevada state livestock showboard, and to provide for a state livestock show,” approved March 29, 1929, as amended.

 

[Approved March 5, 1945]

 

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, is hereby amended to read as follows:

      Section 8.  The sum of five thousand ($5,000) dollars for each of the fiscal years 1946 and 1947 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 showboard in holding livestock shows at Elko, Nevada; provided, that in the event no livestock show shall be held at Elko, Nevada, during any year, the fund so appropriated by the State of Nevada for that year shall revert to the general fund of the State of Nevada.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for Elko livestock shows

 

 

 

 

In effect

 

Repeal

 

________

 

 


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

ê1945 Statutes of Nevada, Page 46ê

CHAPTER 35, AB 22

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limitation of license

 

 

 

Limitation of act

 

 

Repeal

[Assembly Bill No. 22–Mr. McElroy]

 

Chap. 35–An Act to amend “An act to authorize the board of dental examiners of Nevada to issue, modify, and revoke temporary licenses to practice dentistry within therein particularly designated parts of the state, to make lawful and regulate the practice of dentistry under such temporary licenses, and other matters relating thereto, and to fix the date of the expiration hereof.”

 

[Approved March 5, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act, being chapter 9, Statutes of Nevada 1943, page 10, hereby is amended to read as follows:

      Section 6.  Every license issued under the authority of this act shall by its terms be limited to expire, and shall expire, on the 30th day of June 1947.

      Sec. 2.  Section 8 of the above-entitled act, being chapter 9, Statutes of Nevada 1943, page 10, hereby is amended to read as follows:

      Section 8.  This act shall be effective from and after its passage and approval and shall expire by limitation on the 30th day of June 1947.

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

 

________

 

CHAPTER 36, AB 62

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sale of land authorized

[Assembly Bill No. 26–Mr. Munk]

 

Chap. 36–An Act authorizing the state board of relief, work planning and pension control as directors of the State of Nevada to sell and convey, under the provisions of the will of Henry Wood, deceased, all the right, title, and interest of the state orphans’ home in and to certain unimproved real property now under the jurisdiction of said directors, and other matters properly relating thereto.

 

[Approved March 5, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state board of relief, work planning and pension control of the State of Nevada is hereby authorized to proceed under the provisions of the will of Henry Wood, deceased, and to sell and convey all the right, title, and interest of the State of Nevada in and to certain lots, pieces, and parcels of land situate in Manhattan Beach, California, now under the jurisdiction of said state board of relief, as directors of the state orphans’ home, said property being described as follows:

 


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

ê1945 Statutes of Nevada, Page 47 (Chapter 36, AB 62)ê

 

now under the jurisdiction of said state board of relief, as directors of the state orphans’ home, said property being described as follows:

      Parcel I-Lot 10, block 50, tract 1638, known as 1728 Elm street, Manhattan Beach, California.

      Parcel II-Lot 12, block 66, tract 2474, known as 717 31st street, Manhattan Beach, California.

      Sec. 2.  The net proceeds from the sale of said property shall be deposited in the treasury of the State of Nevada and placed to the credit of the Henry Wood Christmas fund for said state orphans’ home.

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

 

 

Description of real estate

 

 

Disposition of funds

 

 

In effect

 

________

 

CHAPTER 37, AB 24

[Assembly Bill No. 42–Mr. Ryan]

 

Chap. 37–An Act to amend “An act to provide for the payment of a bounty to encourage the boring of wells in searching for oil, and making an appropriation therefor,” approved March 24, 1943.

 

[Approved March 5, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act, being chapter 141, Statutes of Nevada 1943, page 201, is hereby amended to read as follows:

      Section 6.  The sum of twenty-five thousand ($25,000) dollars is hereby appropriated, out of any moneys in the general fund of the state treasury not otherwise appropriated, to carry out the provisions of this act, and any portion of said sum hereby appropriated not expended shall revert to the general fund on July 1, 1947.

      Sec. 2.  All acts and parts of acts, insofar as they are inconsistent with the provisions of this act, are hereby repealed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation $25,000

 

 

 

Repeal

 

________

 

 


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

ê1945 Statutes of Nevada, Page 48ê

CHAPTER 38, AB 85

 

 

 

 

 

 

 

 

 

 

 

Board of control authorized to sell certain land

 

 

 

In effect

[Assembly Bill No. 58–Committee on Roads and Highways]

 

Chap. 38–An Act authorizing the state board of control to sell and convey certain real property held in fee simple by the State of Nevada and providing the manner of sale, and other matters properly relating thereto.

 

[Approved March 5, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state board of control is hereby authorized and empowered to sell and convey the west half of the southwest quarter of the northwest quarter of sec. 16, T 19 N, R 21 E, M. D. B. & M.; to make such sale, after published advertisement thereof as may be ordered by said board, and a full and complete record of such sale shall be entered upon the minutes of such board, giving a description of the property sold, to whom, and the price obtained therefor.

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

 

________

 

CHAPTER 39, AB 17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City or town, how incorporated

 

 

 

 

 

Disincorporation, how effected

[Assembly Bill No. 71–Mr. McElroy]

 

Chap. 39–An Act to amend an act entitled “An act relating to the incorporation of cities and towns and providing for the automatic disincorporation thereof in certain cases, and other matters relating thereto,” approved March 10, 1919.

 

[Approved March 5, 1945]

 

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 1213 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  That no city or town in this state shall be organized into an incorporated city or town unless more than two hundred fifty (250) electors residing within the limits of such city or town cast ballots at the general election last preceding the application for incorporation.

      Sec. 2.  Section 2 of the above-entitled act, being section 1214 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  If less than one hundred fifty (150) electors residing within the limits of any incorporated city or town, cast ballots at the last general election, such city or town shall be disincorporated.


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

ê1945 Statutes of Nevada, Page 49 (Chapter 39, AB 17)ê

 

      Sec. 3.  Section 3 of the above-entitled act, being section 1215 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  If the whole number of electors, residing within the limits of any incorporated city or town who cast ballots at any general election, shall be less than one hundred fifty (150), such city or town shall be disincorporated from and after the first Monday in March next succeeding such general election.

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

 

 

 

 

When disincorporation mandatory

In effect

 

________

 

CHAPTER 40, AB 301

[Assembly Bill No. 103–Mr. Folsom]

 

Chap. 40–An Act authorizing and directing the county treasurer of Ormsby County, Nevada, to transfer certain moneys from the Ormsby County courthouse bond No. 1 fund to the Ormsby County old-age assistance fund, and from the Ormsby County courthouse bond No. 2 fund to the Ormsby County indigent fund, and from Ormsby County water commission fund to the Ormsby County road and bridge fund, and other matters relating thereto.

 

[Approved March 5, 1945]

 

      Whereas, There is a balance of $981.88 in the Ormsby County courthouse bond No. 1 fund, and there will be some additional sums of money coming into said fund, and all the obligations for which said fund was created have been paid; and

      Whereas, There is a balance of $719.64 in the Ormsby County courthouse bond No. 2 fund, and there will be some additional sums of money coming into said fund, and all the obligations for which said fund was created have been paid; and

      Whereas, There is a balance of $257.10 in the Ormsby County water commission fund, and there will be some additional sums of money coming into said fund, and all the obligations for which said fund was created have been paid; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The county treasurer of Ormsby County, Nevada is hereby authorized and directed to transfer from the Ormsby County courthouse bond No. 1 fund all of the sums now therein, and any additional sum or sums that may accrue thereto, to the Ormsby County old-age assistance fund.

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Duties of county treasurer


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

ê1945 Statutes of Nevada, Page 50 (Chapter 40, AB 301)ê

 

Duties of county treasurer

 

 

 

 

 

 

In effect

      Sec. 2.  The county treasurer of Ormsby County, Nevada, is hereby authorized and directed to transfer from the Ormsby County courthouse bond No. 2 fund all the sums now therein, and any additional sum or sums that may accrue thereto, to the Ormsby County indigent fund.

      Sec. 3.  The county treasurer of Ormsby County, Nevada, is hereby authorized and directed to transfer from the Ormsby County water commission fund all the sums now therein, and any additional sum or sums that may accrue thereto, to the Ormsby County road and bridge fund.

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

 

________

 

CHAPTER 41, AB 401

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees of Ormsby County

[Assembly Bill No. 104–Mr. Folsom]

 

Chap. 41–An Act to amend an act entitled “An act fixing and establishing the fees to be charged in certain cases by the county clerk and ex officio clerk of the First judicial district court of the State of Nevada, in and for the county of Ormsby, and providing for the disposition of such fees,” approved March 18, 1931.

 

[Approved March 5, 1945]

 

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 92 Statutes 1931, is hereby amended to read as follows:

      Section 1.  The county clerk of Ormsby County, Nevada, and ex officio clerk of the First Judicial district court of the State of Nevada, in and for the county of Ormsby, shall charge and collect fees as follows:

      On the commencement of any action or proceeding in the district court (excepting a probate or guardianship proceeding), to be paid by the part commencing such action or proceeding, fifteen dollars;

      On the appearance of any defendant, or any number of defendants answering jointly, to be paid upon the filing of the first paper in the action by him or them, five dollars; for every additional defendant appearing separately, five dollars;

      For filing a complaint in intervention, five dollars;

      The foregoing fees shall be in full for all services rendered by such clerk in the case, to and including the making up of the judgment roll;

      For all services after judgment roll is made up, pending appeal to the supreme court (not including the making of copies), two dollars and fifty cents, to be paid by the party moving for a new trial or to set aside judgment;


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

ê1945 Statutes of Nevada, Page 51 (Chapter 41, AB 401)ê

 

      For filing notice and undertaking and all services, including indexing, on appeal to the supreme court, three dollars and fifty cents;

      For entering judgment by confession, three dollars;

      For filing remittitur from supreme court, one dollar, and for recording judgment entered thereon, twenty cents per folio;

      For issuing execution or order of sale, one dollar; and for copying decree and return, twenty cents per folio;

      For services performed in an action transferred from the district court of another county, ten dollars;

      For services performed in an action appealed from the justice’s court, ten dollars;

      For transmission of files and papers on the granting of change of venue to the district court of another county or to the United States court, exclusive of express charges or postage, two dollars and fifty cents;

      For services performed in proceedings to perpetuate testimony, one dollar;

      For certificates for dismissal of appeal, when prepared by the clerk, two dollars and fifty cents; and when prepared and furnished by the attorney, one dollar;

      For filing any paper in any case after judgment, not otherwise provided for, twenty-five cents;

      For issuing transcript of judgment, twenty cents per folio;

      For taking and certifying depositions, for each folio, twenty cents, besides four dollars for each day’s attendance;

      For services rendered in any proceeding had pursuant to section 9704 of Nevada Compiled Laws 1929, five dollars;

      For services in probate proceedings wherein a summary administration shall be ordered, fifteen dollars;

      For services in probate proceedings not had pursuant to section 9704 of Nevada Compiled Laws 1929, and wherein summary administration is not ordered, twenty-five dollars;

      For services in guardianship proceedings, fifteen dollars;

      For filing a petition to contest or objections to the probate of any will or codicil, or filing objections or cross petition to the appointment of an executor, administrator or guardian, five dollars;

      The clerk shall also be entitled to charge and collect the following fees and compensation not otherwise provided for:

      For any copy of any record, proceeding or paper on file in the office of the clerk, when such copy is made by him, per folio, twenty cents;

      For each certificate of the clerk under the seal of the court, fifty cents;

      For filing and indexing articles of incorporation, or amendments thereto, two dollars and fifty cents, and for filing acceptance by resident agent, one dollar;

Fees of Ormsby County


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

ê1945 Statutes of Nevada, Page 52 (Chapter 41, AB 401)ê

 

Fees of Ormsby County

 

 

 

 

 

 

 

In effect

      For filing, indexing, and registering certificates of copartnership, two dollars and fifty cents;

      For filing and indexing all papers to be kept by him, other than papers filed in actions and proceedings in court and official bonds and certificates of appointment, one dollar each;

      And for all services not herein enumerated, such fees as are now or may hereafter be fixed by law; provided, that no fee shall be allowed to or charged by the clerk for any services rendered in any criminal case.

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

 

________

 

CHAPTER 42, AB 901

 

 

 

 

 

 

 

 

 

Rulings of court deemed excepted to

 

Repeal

In effect

[Assembly Bill No. 109–Mr. Thompson]

 

Chap. 42–An Act to regulate proceedings in civil and in criminal cases in this state.

 

[Approved March 5, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  In both civil and criminal cases, exceptions to rulings or orders of the court are unnecessary, and all rulings and orders of the court are deemed excepted to.

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

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

 

________

 

CHAPTER 43, AB 121

 

 

 

 

 

 

 

 

 

 

 

 

State or any department may purchase available material from U. S. A.

[Assembly Bill No. 121–Mr. Boak]

 

Chap. 43–An Act concerning contracts of this state, its agencies, municipalities and other political subdivisions, with the federal government for the purchase of equipment, supplies, materials or other property, and providing for the suspension of certain laws in connection therewith.

 

[Approved March 5, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  (a) The state or any department, division, bureau, commission, board, authority, agency or political subdivision thereof, may enter into any contract with the United States of America or with any agency thereof for the purchase of any equipment, supplies, materials or other property, real or personal, without regard to provisions of law which require:

 


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

ê1945 Statutes of Nevada, Page 53 (Chapter 43, AB 121)ê

 

purchase of any equipment, supplies, materials or other property, real or personal, without regard to provisions of law which require:

      I. The posting of notices or public advertising for bids or of expenditures;

      II. The inviting or receiving of competitive bids;

      III. The delivery of purchases before payment, and without regard to any provision of law which would, if observed, defeat the purpose of this act.

      In making any such contract or purchase the purchaser is authorized to accept any condition imposed pursuant to federal law as a part of the contract.

      (b) The governing body or executive authority, as the case may be, of any department, division, bureau, commission, board, authority, agency or political subdivision of the state may designate by appropriate resolution or order any office holder or employee of its own to enter a bid or bids in its behalf at any sale of any equipment, supplies, material, or other property real or personal owned by the United States of America or any agency thereof and may authorize said person to make any down payment, or payment in full, required in connection with such bidding.

      Sec. 2.  Any provisions of any law, charter, ordinance, resolution, bylaws, rule, or regulation which are inconsistent with the provisions of this act are suspended to the extent such provisions are inconsistent herewith.

      Sec. 3.  The purpose of this act is to permit state and local governmental units to take full advantage of available federal surplus properties, particularly the large quantities of needed materials and equipment which will be freed with the termination of the war.

      Sec. 4.  This act is deemed an emergency act and shall become effective immediately upon its passage and approval.

 

 

 

 

 

 

 

 

Governing body or executive authority may act

 

 

 

 

Certain provisions of law suspended

 

Purpose of act

 

 

 

In effect

 

________

 

CHAPTER 44, SB 621

[Senate Bill No. 126–Committee on Ways and Means]

 

Chap. 44–An Act to create a legislative fund.

 

[Approved March 6, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any moneys now in the general fund not otherwise especially appropriated, the sum of twenty thousand ($20,000.)

 

 

 

 

 

 

 

 

 

 

 

 

Legislative fund


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

ê1945 Statutes of Nevada, Page 54 (Chapter 44, SB 621)ê

 

 

Payment

 

 

 

 

 

Reversion

In effect

twenty thousand ($20,000.) dollars, which shall constitute the legislative fund.

      Sec. 2.  The state controller is hereby authorized and required to draw his warrants on said fund in favor of the members and attaches of the senate and assembly for per diem, mileage, stationery allowances, compensation, and incidental expenses of the respective houses, when properly certified to in accordance with law, and the state treasurer is hereby authorized and required to pay the same.

      Sec. 3.  All moneys remaining in said fund at the adjournment of the legislature shall revert to the general fund.

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

 

________

 

CHAPTER 45, SB 45

 

 

 

 

 

 

 

 

 

 

Appropriation for fifth educational district

 

 

 

In effect

[Senate Bill No. 54–Committee on Education, State Library and Public Morals]

 

Chap. 45–An Act making a supplemental appropriation for educational supervision district number five for the biennium ending June 30, 1945.

 

[Approved March 7, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the biennium ending June 30, 1945, there is hereby appropriated out of the state distributive school fund of the state treasury in the State of Nevada, not otherwise specifically allotted, the sum of five hundred dollars ($500) as an additional and supplemental appropriation to that allowed, and placed to the credit of office expenses for educational supervision district number five.

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

 

________

 

CHAPTER 46, SB 11

 

 

 

 

 

 

 

 

 

 

 

Appropriation for civil air patrol

[Senate Bill No. 11–Committee on Aviation]

 

Chap. 46–An Act providing an appropriation to be used by Nevada Wing 96 of the civil air patrol for certain specific purposes, providing for the manner of the payment and disbursement thereof, and for the reversion of unexpended funds.

 

[Approved March 7, 1945]

 

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 appropriated, the sum of ten thousand dollars ($10,000) for the use of the Nevada Wing 96 of civil air patrol, established pursuant to executive order of the president of the United States of America on December 1, 1941, for the period beginning March 1, 1945, and ending June 30, 1947.


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

ê1945 Statutes of Nevada, Page 55 (Chapter 46, SB 11)ê

 

for the use of the Nevada Wing 96 of civil air patrol, established pursuant to executive order of the president of the United States of America on December 1, 1941, for the period beginning March 1, 1945, and ending June 30, 1947.

      Sec. 2.  The state controller is hereby authorized and directed to draw his warrant upon voucher and certification from the wing commander and wing executive officer of said Nevada Wing 96 of civil air patrol, as the same may be presented, for the purpose of defraying the expenses of the Nevada wing of civil air patrol while engaged in crash, rescue, and emergency operations, and for the purpose of defraying the cost of purchase, repair, or maintenance of emergency equipment by the Nevada Wing 96 of civil air patrol for the purpose of enabling said organization to carry on crash, rescue, and emergency operations, and the treasurer of the State of Nevada is hereby directed to pay the said warrant; provided, however, that in the event that said Nevada Wing 96 of civil air patrol shall be disbanded by executive order of the president of the United States of America, or if all of said sum of ten thousand dollars ($10,000) shall not be expended prior to the 30th day of June 1947, the balance of the said sum remaining unexpended shall on the 30th day of June 1947 revert to the general fund of the State of Nevada.

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

 

 

 

Duties of state controller

 

 

 

 

 

 

Proviso

 

 

 

 

 

In effect

 

________

 

CHAPTER 47, SB 93

[Senate Bill No. 39–Senator Russell]

 

Chap. 47–An Act authorizing and directing the state controller and the state treasurer of the State of Nevada to transfer moneys from the state old-age assistance fund to the federal account of the combined old-age assistance fund.

 

[Approved March 7, 1945]

 

      Whereas, Section 3 of the Nevada old-age assistance act was amended March 9, 1943, to the effect that each recipient of old-age assistance be granted forty dollars per month, less income and resources, effective as of July 1, 1943, and specifying that the amount of grant be determined with due regard to the conditions existing in each individual case; and

      Whereas, To conform with the amended legislation, the Nevada state welfare department, division of old-age assistance, immediately started plans for necessary changes in its policies and procedures. The time involved in reinvestigating and redetermining need for each of the 2,131 recipients required until December 15, 1943. Under the provision of the law such retroactive payments were made payable to July 1, 1943; and

 

 

 

 

 

 

 

 

 

Preamble


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

ê1945 Statutes of Nevada, Page 56 (Chapter 47, SB 93)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of funds authorized

the law such retroactive payments were made payable to July 1, 1943; and

      Whereas, The regional office of the social security board of the federal security agency took exception to the retroactive payments in the amount of eleven thousand four hundred five dollars ten cents ($11,405.10) on the basis of the federal social security board’s policy as expressed in state letter No. 10, to wit: “Supplementation or increase of award means that federal matching of such an increase is authorized and payment is made not later than two months after the date on which the original payment was or should have been made,” from which order an appeal was made by the Nevada state welfare department, division of old-age assistance, but the appeal was not allowed by the social security board of the federal security agency; and

      Whereas, On December 29, 1944, the social security board of the federal security agency officially notified the Nevada state welfare department, division of old-age assistance, that retroactive payments in the sum of $11,405.10 were made out of the federal matching fund contrary to the policy of the social security board and that such amount would be deducted in April 1945 from the federal grant to the State of Nevada for payment of old-age assistance; and

      Whereas, The Nevada state welfare department, division of old-age assistance, has sufficient moneys in the state old-age assistance fund to refund the amount of the retroactive payments so paid out of the federal account in the combined old-age assistance fund; and

      Whereas, It is to be anticipated that occasional exceptions may be taken by the social security board of the federal security agency, from time to time, to federal participation in payments made to recipients by the Nevada state welfare department, division of old-age assistance, from the combined old-age assistance fund; and

      Whereas, There is no law in the State of Nevada authorizing and permitting the Nevada state welfare department, division of old-age assistance, to make payment of exceptions taken by the social security board of the federal security agency; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The state controller and the state treasurer of the State of Nevada are hereby authorized and directed to transfer from the state old-age assistance fund to the federal account in the combined old-age assistance fund the sum of eleven thousand four hundred five dollars and ten cents ($11,405.10).


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

ê1945 Statutes of Nevada, Page 57 (Chapter 47, SB 93)ê

 

      Sec. 2.  The state controller and the state treasurer are hereby authorized to transfer from the state old-age assistance fund to the federal account in the combined old-age assistance fund such sums as may, from time to time, be found necessary to adjust exceptions taken by the social security board of the federal security agency.

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

Duties of controller and treasurer

 

 

In effect

 

________

 

CHAPTER 48, SB 53

[Senate Bill No. 35–Senator Haight]

 

Chap. 48–An Act authorizing and directing the state controller and the state treasurer of the State of Nevada to transfer certain sums from specified items in the Nevada state prison fund to the general support fund of the Nevada state prison.

 

[Approved March 7, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Notwithstanding the provisions of sections 25, 26, 27, and 54, chapter 194, Statutes of Nevada, 1943, the state controller and the state treasurer of the State of Nevada are hereby authorized and directed to transfer from the dental and extra medical services fund, the salaries of employees fund, the death watch fund, the traveling expenses fund, and the transportation of prisoners fund, of the Nevada state prison certain amounts from the several funds herein designated in an amount not to exceed the sum of seven thousand ($7,000) dollars in the aggregate and place the same to the credit of the general support, including discharge allowances, fund of said Nevada state prison.

      Sec. 2.  This act shall be effective upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of state prison funds

 

 

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 58ê

CHAPTER 49, SB 77

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners of Pershing County to issue bonds

[Senate Bill No. 77–Senator Sommer]

 

Chap. 49–An Act to authorize the board of county commissioners of the county of Pershing, State of Nevada, to issue bonds to provide for the construction, equipment and furnishing of a high school building, and obtaining a site therefor, in the city of Lovelock, county of Pershing, State of Nevada, and authorizing the county board of education of said county to construct, equip and furnish said building, and obtain a site therefor, and other matters properly connected therewith.

 

[Approved March 7, 1945]

 

      Whereas, At the general election held on the 7th day of November, A. D. 1944, there was submitted to the regularly qualified electors of Pershing County, Nevada, pursuant to the laws of the State of Nevada, the following question:

      “Shall the board of county commissioners of Pershing County, Nevada, be authorized to issue negotiable coupon bonds in the aggregate principal amount of $180,000, to be designated Pershing County high school bonds; such bonds to be of the denomination of $1,000 each, to bear date as of January 1, 1945, to bear interest at a rate not to exceed 4% per annum, payable semiannually on January 1 and July 1 of each year and to mature, $10,000 on January 1 in each of the years 1947 to 1964, both inclusive, for the purpose of the construction of a new fire-safe high school building, to include a gymnasium, auditorium, a heating plant and equipment for said building, and obtaining a site therefor, in Lovelock, Pershing County, Nevada, and to further levy and assess a special tax for the retirement of the above bond, principal and interest?”; and

      Whereas, As a result of the canvass of the votes at said bond election, the following vote was declared:

      Ballot box A-Nonproperty owners: Yes, 326; no, 58.

      Ballot box B-Property owners: Yes, 287; no, 144; and

      Whereas, A question has arisen as to the legality of the notices relating to said bond election and the procedure by which members of the armed forces of the United States were permitted to vote at said election; now, therefore

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Pershing County, Nevada, is hereby authorized, empowered, and directed to prepare and issue negotiable coupon bonds of said county, such bonds to be issued on or before the first day of July 1945 for an amount not to exceed the sum of $180,000, exclusive of interest, for the purpose of providing funds for the construction, equipping, and furnishing of a new county high school building, and obtaining a site therefor, in the city of Lovelock, county of Pershing, State of Nevada.


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

ê1945 Statutes of Nevada, Page 59 (Chapter 49, SB 77)ê

 

high school building, and obtaining a site therefor, in the city of Lovelock, county of Pershing, State of Nevada.

      Sec. 2.  As soon as possible after the passage and approval of this act, or after this act shall become a law, the county board of education of Pershing County, Nevada, and the board of county commissioners of Pershing County, Nevada, shall thereafter with all expedient dispatch proceed to the execution of the purposes of this act.

      Sec. 3.  The board of county commissioners of Pershing County, Nevada, shall cause said bonds to be prepared and made ready for issuance. Said bonds shall be signed by the chairman of the board, attested by its clerk, sealed with the seal of the county, and countersigned by the county treasurer. Coupons for interest shall be attached to each bond, so that the same may be removed without injury to the bond, and each of said coupons shall be consecutively numbered and signed by the original or engraved facsimile signature of said chairman and treasurer.

      Sec. 4.  Said bonds shall each be for the sum of $1,000. They shall be numbered consecutively from one to one hundred eighty, both inclusive, and the interest on the same shall not exceed four percent per annum, payable semiannually on January first and July first of each year; both principal and interest shall be payable in lawful money of the United States of America; both principal and interest shall be payable only at the office of the county treasurer of said Pershing County. In no case shall any of said bonds run for a longer period than twenty years and shall mature $10,000 on the first day of January of the years 1947 to 1964, both inclusive.

      Sec. 5.  The clerk of the board of county commissioners shall keep a record of all proceedings under the provisions of this act, showing the number and date of each bond and to whom issued.

      Sec. 6.  The board of county commissioners of Pershing County is hereby authorized to negotiate the sale of said bonds, or such number thereof as the county board of education of said county may deem necessary, by advertising for sealed proposals therefor, and may reject any and all bids, and may readvertise until a satisfactory bid is obtained; provided, that no bonds shall be sold for less than par value.

      Sec. 7.  All moneys derived from the sale of said bonds shall be paid to the county treasurer of Pershing County, and the said treasurer is hereby required to receive and safely keep the same in a fund to be known as the “New Pershing County High School Building Fund,” and to pay out said moneys only in the manner now provided by law for the payment of the “County High School Fund,” and for the purpose for which the same were received.

 

 

 

County board of education to assist

 

 

Commissioners to prepare bonds

 

 

 

 

 

Denomination of bonds

 

 

 

 

 

 

 

Clerk to keep record

 

 

Commissioners to negotiate sale of bonds

 

 

 

 

 

Receipts to be deposited with county treasurer


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

ê1945 Statutes of Nevada, Page 60 (Chapter 49, SB 77)ê

 

Money to be used for Pershing County high school building

 

 

 

 

 

 

 

Board of education to procure site, advertise, and contract to lowest bidders

 

 

 

 

 

 

 

 

 

 

Fund for payment of bonds, how created

      Sec. 8.  The county board of education of Pershing County is hereby authorized, empowered, and directed to use said moneys arising from the sale of said bonds, or so much thereof as they may deem necessary, for the construction, equipment, and furnishing of, and obtaining a site for, a new county high school building in the city of Lovelock, county of Pershing, State of Nevada; and any balance remaining in said fund after the completion, equipment, and furnishing of said building, and procuring a site therefor, shall be turned over and converted into the fund provided by law for running and maintaining said high school in accordance with and pursuant to the provisions of law pertaining to the establishment, maintenance, and management of high schools in the various counties of this state.

      Sec. 9.  Said county board of education shall procure a site, determine as to the character of the building, the materials to be used therefor, and the plans therefor, and all with due regard both for the present needs and probable further requirements; and when such determination is made, said board shall take steps to legally acquire a site, advertise for bids for the construction of said new county high school building and let the construction thereof by contract to the lowest responsible bidder, said board to have authority to reject any and all bids and to readvertise until a satisfactory bid is obtained. Upon the completion of said building, said county board of education shall furnish and equip the same. The laws in force governing contracts by boards of county commissioners are hereby made applicable to, and the same shall govern, the action of the county board of education in carrying out the provisions of this act. All demands and bills contracted by said county board of education under the provisions of this law shall be paid in the manner now provided by law for paying claims against the “County High School Fund.”

      Sec. 10.  For the purpose of creating a fund of the payment of the principal and interest of the bonds authorized by this act, the board of county commissioners of Pershing County, Nevada, is hereby authorized and required to levy and collect annually a special tax on all of the taxable property of Pershing County, including the net proceeds of mines, in an amount sufficient to pay the interest on said bonds when and as it may become due, and to pay and retire, beginning with bond number one and consecutively thereafter, ten of said bonds annually, beginning with the first day of January 1947 to 1964, both inclusive, and until all of said bonds have been redeemed and retired. Such tax shall be levied and collected in the same manner and at the same time as other taxes are assessed and collected, and the proceeds thereof shall be kept by the county treasurer of said county in a special fund to be known as the “New Pershing County High School Building Fund.”


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

ê1945 Statutes of Nevada, Page 61 (Chapter 49, SB 77)ê

 

said county in a special fund to be known as the “New Pershing County High School Building Fund.” It shall be obligatory on the said county and on its proper officers to pay in full the accrued interest on said bonds, beginning on the first day of January 1946, and thereafter on the first day of July and the first day of January of each year, until all of said bonds have been redeemed and retired. Should the holder of said bonds, or any of them, for any cause whatsoever fail to present said bonds, or any of them, to the said county treasurer for payment when they become due, all interest on such bonds shall thereafter immediately cease. Whenever the bonds and interest provided for in this act shall have been fully paid, the tax authorized by this act shall cease, and all moneys remaining in said fund shall be transferred to the fund used for paying the contingent expenses of said county high school.

      Sec. 11.  Whenever the county treasurer shall redeem any of the bonds issued under the provisions of this act, he shall cancel the same by writing across the face thereof “Paid,” together with the date of such payment, sign his name thereto, and turn the same over the county auditor, taking his receipt therefor, which receipt shall be filed with the clerk of the board of county commissioners, and the auditor shall credit the treasurer on his books for the amount so paid.

      Sec. 12.  The county treasurer of said Pershing County shall be liable on his official bond for the safekeeping of the moneys which shall come into his hands under the provisions of this act, and for the faithful discharge of all of his duties in relation thereto.

      Sec. 13.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed, nor the taxation thereby imposed be omitted, until all the bonds and coupons issued hereunder and by virtue thereof shall have been paid in full, as in this act specified.

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

      Sec. 15.  For good cause shown this act shall be in effect immediately upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

Duties of county treasurer concerning redemption of bonds

 

 

 

County treasurer held liable

 

 

Faith of State of Nevada pledged

 

 

 

Repeal

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 62ê

CHAPTER 50, SB 86

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Officers, election of; election, when and how held; commissioners’ classes of ballot

[Senate Bill No. 68–Senator Farndale]

 

Chap. 50–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 7, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section. 3.  Officers, Election of-Election, When and How Held; Commissioners’ Classes of Ballot.  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.

      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 that 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.


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

ê1945 Statutes of Nevada, Page 63 (Chapter 50, SB 86)ê

 

      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 said city a judge of the municipal court who shall be elected and hold office for a period of two years and until his successor is elected and qualified. On the first Tuesday after the first Monday in May 1945, and on the same day every two years thereafter, there shall be elected at large by the qualified voters of said city, a city attorney, who 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, 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 of 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 designed 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. Each person desiring to become a candidate for commissioner as aforesaid, 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. 2.  Section 5 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 5.  Officers, Appointive and Ex Officio, Enumeration of-Compensation-Bonds.  (Am. by ch. 122, 1937; ch. 155, 1939; ch. 179, 1943.) The county treasurer and ex officio tax collector of the county of Clark shall be an ex officio treasurer and tax receiver of the city of Las Vegas;

 

Officers, election of; election, when and how held; commissioners’ classes of ballot

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Officers, appointive and ex officio, enumeration of; compensation; bonds


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

ê1945 Statutes of Nevada, Page 64 (Chapter 50, SB 86)ê

 

Officers, appointive and ex officio, enumeration of; compensation; bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Office of city engineer created

the county assessor of the county of Clark shall be an ex officio assessor of the city of Las Vegas; the city comptroller 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) per 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 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 officers may, in the discretion of the city manager 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. 3.  Section 5 1/2 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 5 1/2.  The board of city commissioners may create the office of city engineer. The city engineer shall be appointed by the city manager subject to ratification by the board of city commissioners, and shall receive such compensation as may be fixed by said board. The city engineer shall perform all the engineering and surveying required by the city, in the carrying on of any public works and improvements, and prepare all estimates, plans and specifications of any public improvements or sidewalks. All maps, plats, profiles, field notes, estimates, and other memoranda of surveys and other professional work made or done by him or under his direction or control shall be and continue to be the property of the city. He shall keep a book in which he shall record each and every item of expense, cost or indebtedness incurred in the making of any public improvement or laying of sidewalks, so that the actual cost of said work may at any time be ascertained, and the said book shall be open to inspection by any person interested in the said improvement at all reasonable hours. The city engineer’s office shall be an office of record for all maps, plans, plats, profiles, drawings, dedications, final estimates, specifications and contracts which in any way relate to the affairs of the city. The city engineer shall be custodian of and must keep all the drawings and documents above mentioned on file, properly indexed, and his office shall be supplied with necessary books, cases and supplies for recording and filing as herein required.


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

ê1945 Statutes of Nevada, Page 65 (Chapter 50, SB 86)ê

 

engineer shall be custodian of and must keep all the drawings and documents above mentioned on file, properly indexed, and his office shall be supplied with necessary books, cases and supplies for recording and filing as herein required. The city engineer shall be provided with a seal by the city for his use, containing the works “City of Las Vegas, Nevada, Engineering Department,” and said seal shall be affixed to every certification or approval by him. He shall keep all documents and records filed in his office in good condition and turn the same over to his successor in office. Copies of all documents, maps, files, estimates, plans, profiles, drawings, specifications, dedications, and all other records filed in the office of the city engineer, when properly authenticated or certified by the city engineer, shall be admitted as evidence in all courts of law, the same as documents of any other office of record. The city engineer may be required to perform the duties of superintendent of streets, superintendent of public works and building inspector; and shall perform such other and further duties as the board of commissioners may require or which shall be prescribed by ordinance. Said city engineer may be allowed such deputies, assistants, or clerks, as in the judgment of the board of commissioners may be necessary; such deputies, assistants, or clerks to be paid such compensation as may be fixed by said board of commissioners. As street superintendent the city engineer shall see that all laws, ordinances, rules, and regulations concerning the public streets, highways, alleys, and roads within the city are observed, and that the penalties for any breach thereof are rigidly enforced. He shall superintend the sweeping, cleaning, and sprinkling of streets, the cleaning and flushing of sewers, and have general care of the streets, alleys, and highways of the city, and from time to time make such recommendations as to their betterment and improvement as he shall deem proper. It shall be his duty to enforce all rules, regulations and ordinances pertaining to the streets, alleys, highways, roads, and sidewalks in the city, and to receive, investigate, and act on all complaints concerning the same. He shall inspect all street improvements or sidewalk improvement works carried on by the city or individuals, and shall have the power to approve, reject, change, or alter therein or the manner of the construction thereof. He shall report to the board of commissioners from time to time and whenever required, and shall perform such other and further duties as may be required by the board of commissioners of which may be prescribed by ordinance.

      Sec. 4.  Section 5 3/4 of chapter II of the above-entitled act will hereby read as follows:

      Section 5 3/4.  The chief of police and fire chief of the city of Las Vegas shall be appointed by the city manager and said appointment shall be subject to ratification by the city commission.

Office of city engineer created

 

 

 

 

 

 

 

 

 

Duties as street superintendent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City manager to appoint police and fire chiefs


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

ê1945 Statutes of Nevada, Page 66 (Chapter 50, SB 86)ê

 

 

 

 

 

 

 

City attorney may have deputies

 

 

 

Mayor, commissioners and clerk; salary of

 

 

 

 

 

 

 

 

 

 

 

 

Oaths; who may administer

 

 

 

Board of commissioners; powers

said appointment shall be subject to ratification by the city commission. The salary of the chief of police shall be set by the city commission in a sum not to exceed $4,800 per annum, and the salary of the fire chief shall be set by the city commission in a sum not to exceed $4,200.

      Sec. 5.  Section 6 1/2 of chapter II of the above-entitled act will hereby read as follows:

      Section 6 1/2.  The city attorney shall have such deputy or deputies as the board of commissioners shall deem necessary and proper and the commission shall determine the compensation of said deputy or deputies.

      Sec. 6.  Section 10 of chapter II of the above-entitled act will hereby be amended to read as follows:

      Section 10.  Mayor, Commissioners and Clerk-Salary of.  (Am. by ch. 122, 1937; ch. 155, 1939; ch. 179, 1943.) From and after the first Monday of June 1943 the elected city officials 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 fifteen hundred dollars ($1,500) per annum; each of the city commissioners shall receive the sum of twelve hundred dollars ($1,200) per annum; the city clerk shall receive the sum of three thousand six hundred dollars ($3,600) per annum; the city attorney shall receive the sum of three thousand six hundred dollars ($3,600) per annum; the judge of the municipal court shall receive the sum of eighteen hundred dollars ($1,800) 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. 7.  Section 15 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 15.  Oaths-Who May Administer.  The mayor, each commissioner, and the city clerk shall be and are hereby authorized to administer oaths in the municipal affairs and government of the city.

      Sec. 8.  Section 16 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 16.  Board of Commissioners-Powers.  Said board of commissioners so constituted shall have control and supervision over all of the departments of said city, and to that end shall have the power to make and enforce such rules and regulations as they may see fit and proper for and concerning the organization, management and operation of all the departments of said city and whatever agencies may be created for the administration of its affairs.

      Sec. 9.  Section 16 1/2 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 16 1/2.  The Board of City Commissioners to Create City Manager.  (


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

ê1945 Statutes of Nevada, Page 67 (Chapter 50, SB 86)ê

 

City Manager.  (New, ch. 155, 1943.) The city manager shall be appointed by the board of city commissioners, and shall receive such compensation as may be fixed by said board. The city manager shall, before entering upon the duties of his office, furnish a good and sufficient bond, conditional for the faithful discharge of the duties of his office, in an amount specified by the board of commissioners, said bond to be approved by said board of commissioners.

      The city manager shall be the chief administrative officer and the head of the administrative branch of the city government. He shall be responsible to the council for the proper administration of all affairs of the city and to that end, subject to the personnel provisions of this charter, he shall have power and shall be required to:

      Appoint, and when necessary for the good of the service, remove all officers and employees of the city except as otherwise provided by this charter and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office; provided, however, that both appointment and removal of the chief of police, fire chief, comptroller, and city engineer are subject to ratification and approval by the board of city commissioners.

      Except as otherwise provided by the charter or by ordinance, the duties of all officers, department heads and employees shall be prescribed by the city manager.

      Prepare the budget annually and submit it to the board of city commissioners for approval, and be responsible for its administration after adoption.

      Prepare and submit to the board of city commissioners as of the end of the fiscal year a complete report on the finances and administrative activities of the city for the preceding year.

      Keep the board of commissioners advised of the financial condition and future needs of the city and make such recommendations as may seem to him desirable.

      Perform such other duties as may be prescribed by this charter or required of him by the board of city commissioners, not inconsistent with this charter.

      The manager shall be chosen on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practices in municipal affairs. At the time of his appointment he need not be a resident of the city or state, but during his tenure of office he shall reside within the city. No member of the board of commissioners shall, during the term for which he was elected, or for one year thereafter, be eligible to hold the position of manager. The city manager shall be appointed for an indefinite term, but may be removed at the pleasure of the board of city commissioners.

The board of city commissioners to create city manager


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

ê1945 Statutes of Nevada, Page 68 (Chapter 50, SB 86)ê

 

The board of city commissioners to create city manager

 

 

 

 

 

Claims and accounts; warrants, how issued; financial statements, publication of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yearly audit of books authorized

Before removing the city manager from office the board of commissioners shall grant the city manager a hearing, but the action of the board of commissioners shall be final and conclusive, it being the intention of this act to vest all authority, and fix all responsibility for such removal, in the board of commissioners. Whenever the office of city manager shall become vacant, the affairs of the city shall be administered by the board of commissioners until the office has again been filled.

      Sec. 10.  Section 18 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 18.  Claims and Accounts-Warrants, How Issued-Financial Statements. Publication of.  (Am. by ch. 122, 1937; ch. 155, 1939.)  The city manager shall audit all accounts or claims against the city, but before payment all accounts shall be approved by the board of commissioners, and no money shall be paid for any purpose except upon 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 comptroller 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. 11.  Section 18 1/2 of chapter II of the above-entitled act will hereby read as follows:

      Section 18 1/2.  The city commission shall employ a certified public accountant to make a yearly audit of the books and accounts of the city of Las Vegas, said audit to commence with an audit of the books of 1944. Said auditor shall commence the audit of the books of 1944 not later than May 1, 1945, and an audit of each succeeding year’s books shall be commenced by said certified public accountant not later than March 1 of the year following the year for which the audit is to be made.

      Sec. 12.  Section 29 of chapter II of the above-entitled act is hereby amended to read as follows:


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

ê1945 Statutes of Nevada, Page 69 (Chapter 50, SB 86)ê

 

      Section 29.  The municipal court shall be presided over by a municipal judge who shall be a citizen of the state and resident of the said city for not less than one year and who shall be a qualified elector of said city. The municipal court shall have such powers and jurisdiction in the city as are now provided by law for justice of the peace wherein any person or persons are charged with a breach or violation of the provisions of any ordinance of said city or of this act, or of a violation of a municipal nature, and the said court shall have concurrent jurisdiction with the justice of the peace in both civil and criminal matters arising and triable within the limits of the said city and be governed by the same rules and receive the same fees as are now or may be provided by law; provided, that the trial and proceedings in such cases shall be summary and without a jury. The said court shall have jurisdiction to hear, try, and determine all cases, whether civil or criminal, for the breach or violation of any city ordinance or any provision of the charter of a police nature, and shall hear, try, and determine, acquit, convict, commit, fine, or hold to bail in accordance with the provisions of such ordinances or of this charter. The practice and proceedings of the said court shall conform, as nearly as practicable, to the practice and proceedings of the justice courts in similar cases. Fines imposed by the court may be recovered by execution against the property of the defendant, or by the payment thereof enforced by imprisonment in the city jail of said city at the rate of one day for every two dollars of such fine, or said court may, in its discretion, adjudge and enter upon the docket a supplemental order that such offender shall work on the streets or public works of said city at a rate of two dollars for each day of the sentence which shall apply on such fine until the same shall be exhausted or otherwise satisfied. Said court shall have jurisdiction of any action for the collection of taxes or assessments levied for city purposes, when the principal sum thereof does not exceed three hundred dollars; also, actions to foreclose liens in the name of the city for the nonpayment of such taxes or assessments where the principal sum claimed does not exceed three hundred dollars; also, of any action for the collection of any money payable to the city from any person when the principal sum claimed does not exceed three hundred dollars; the use or benefit of the city, and any action for damage in which the city is a party, and upon all forfeited recognizances given to or for the use or benefit of the city, and upon all appeal bonds given on appeals from said court in any of the cases above named, when the principal sum claimed does not exceed three hundred dollars; also, the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certifications of causes by justice courts.

Residence requirement of municipal judge

 

 

 

 

 

 

 

 

 

 

 

 

 

Court procedure similar to justice courts


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

ê1945 Statutes of Nevada, Page 70 (Chapter 50, SB 86)ê

 

 

 

Proviso

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Municipal judge to keep docket

above named, when the principal sum claimed does not exceed three hundred dollars; also, the recovery of personal property belonging to the city when the value thereof does not exceed three hundred dollars; provided, that nothing herein contained shall be so construed as to give such court jurisdiction to determine any such cause when it shall be made to appear by the pleadings or the verified answer that the validity of any tax, assessment, or levy shall necessarily be an issue in such cause, in which case the court shall certify such cause to the district court in like manner and with the same effect as provided for by law for certifications of causes by justice courts. The said court shall have jurisdiction of the following offenses committed within the city which either violates the peace and good order of the city or the peace and quietude of an individual or individuals, or which invade any of the police powers of the city, or endanger the health of the inhabitants thereof, such as breaches of the peace, drunkenness, intoxication, driving any vehicle while under the influence of intoxicating liquors, fighting, quarreling, dog fights, cock fights, riots, affrays, violent injury to property, malicious mischief, vagrancy, indecent conduct, lewd or lascivious cohabitation or behavior, and all disorderly, offensive, or approbrious conduct and all offenses under ordinances of the city. The said court shall be treated and considered as a justice court whenever the proceedings thereof are called into question. The court shall have power to issue all warrants, writs and process necessary to a complete and effective exercise of the powers and jurisdiction of said court, and may punish for contempt in like manner and with the same effect as is provided by the general law for justice of the peace. The municipal judge shall keep a docket in which shall be entered all official business in like manner as in justice courts. He shall render monthly or oftener, as the commissioners may require, an exact and detailed statement in writing, under oath, of the business done and of all fines collected, as well as imposed and uncollected, since his last report, and shall at the same time render and pay unto the city clerk all fines collected and moneys received on behalf of the city since his last report. In all cases in which the municipal judge shall by reason of being a party, or being interested, or related to either defendant or plaintiff, or complaining witness, as the case may be, by consanguinity or affinity within the third degree, or in case of his sickness, absence, or inability to act, any justice of the peace of said county, or any person who is a citizen of the state and a qualified voter and resident of the said city for not less than one year, on the written request of the mayor, may act in the place and stead of such municipal judge, and the commissioners shall have the power to apportion ratably the salary or compensation of such municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge.


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

ê1945 Statutes of Nevada, Page 71 (Chapter 50, SB 86)ê

 

not less than one year, on the written request of the mayor, may act in the place and stead of such municipal judge, and the commissioners shall have the power to apportion ratably the salary or compensation of such municipal judge to such person so serving, and deduct the sum so apportioned from the salary of such municipal judge. Appeals to the district court may be taken from any final judgement of said municipal court in the same manner and with the same effect as in cases of appeal from justice courts in civil or criminal cases, as the case may be. All warrants issued by the municipal court shall run to any sheriff or constable of the county or the marshal or policeman of the city.

      Sec. 13.  Section 30 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 30.  (Am. by ch. 179, 1943).  The style of ordinances shall be as follows: “The Board of Commissioners of the city of Las Vegas do ordain.” All proposed ordinances when first proposed shall be read by title to the board of commissioners, and referred to a committee for consideration, and said committee shall report said ordinances back to the board of commissioners at the next regular meeting, when said ordinances shall be read in full as first introduced, or if amended, as amended, and shall be approved or revoked as finally read. Except that in cases of emergency, by unanimous consent of all members of the board present, provided they constitute a quorum, such special action may be taken immediately or at a special meeting called for that purpose, and such ordinances shall be designated as “emergency ordinances.” All ordinances shall be signed by the mayor and attested by the city clerk and be published in full, together with the names of the commissioners voting for or against their passage, in a newspaper published in said city once a week for two weeks immediately following the first reading of such ordinance and before the second reading and passage thereof; provided, however, that in the case of emergency ordinances, publication for the same period of time shall be made following the passage of said ordinance. All ordinances shall become effective following their final passage by the board in conformity with the provisions of this section, except that in the case of emergency ordinances which shall become effective immediately following the last publication thereof; provided, that whenever a revision is made and the revised ordinances are published in book or pamphlet form by the authority of the board, no further publication shall be deemed necessary, The city clerk shall record all ordinances in a book kept for that purpose, together with the affidavits of publication by the publisher and said book or certified copy of the ordinance therein recorded, in the name of the city shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet form by the authority of said board of commissioners they shall be so received.

 

 

 

 

 

 

 

 

 

 

 

Ordinances, how proposed and passed

 

 

 

 

 

 

 

 

 

 

 

 

Provisos


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

ê1945 Statutes of Nevada, Page 72 (Chapter 50, SB 86)ê

 

 

 

 

 

Certain ordinances not to be published

 

 

 

 

 

 

 

 

 

 

 

 

Duties of the clerk

 

 

 

 

 

 

 

 

 

 

Duties of comptroller

and said book or certified copy of the ordinance therein recorded, in the name of the city shall be received as prima-facie evidence in all courts and places without further proof, or if published in book or pamphlet form by the authority of said board of commissioners they shall be so received.

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

      Sec. 14.  Section 41 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 41.  Duties of the Clerk.  He shall countersign all contracts made in behalf of the city and every such contract or contracts to which the city is a party shall be void unless signed by the city clerk.

      The city clerk shall countersign all orders upon the treasurer in pursuance of any order or resolution of the board of city commissioners.

      The city clerk shall issue all licenses as granted by the board of city commissioners and as certified by the city comptroller.

      The city clerk shall be allowed such deputies, assistants, or clerks as the board of city commissioners may prescribe.

      Sec. 15.  Section 42 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 42.  Duties of Comptroller.  There shall be appointed by the city manager, subject to ratification of board of city commissioners, a comptroller who shall draw and countersign all orders upon the treasurer in pursuance of any order or resolution of the board, and keep a full and accurate account thereof in books provided for that purpose; shall make to the board, from time to time, upon the order of the board, reports of the financial condition of the city; and keep a list of outstanding bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action of the board as shall secure the payment of the principal and interest of such bonds; shall keep regular books of accounts in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount of bonds, orders, certificates, or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from different sources of revenue and the amounts which they have disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasury; shall audit all claims and demands against the city before they are allowed by the board; and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts; and said book shall be open to the inspection of all persons interested; and shall perform such other duties as the board may provide by ordinance, or as may be prescribed by the city manager.


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

ê1945 Statutes of Nevada, Page 73 (Chapter 50, SB 86)ê

 

bonds; shall keep regular books of accounts in which he shall enter all indebtedness of the city, and which shall, at all times, show the financial condition of the city, the amount of bonds, orders, certificates, or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; shall keep accounts with all receiving and disbursing officers of the city, showing the amounts they have received from different sources of revenue and the amounts which they have disbursed under the direction of the board; shall examine all reports, books, papers, vouchers and accounts of the city treasury; shall audit all claims and demands against the city before they are allowed by the board; and shall keep a record of all claims presented and the action of the board thereon; shall keep a book properly indexed in which he shall enter all contracts; and said book shall be open to the inspection of all persons interested; and shall perform such other duties as the board may provide by ordinance, or as may be prescribed by the city manager.

      Sec. 16.  Section 43 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 43.  Statement of Finances.  The city comptroller shall prepare on or before the first Monday in March of each year, and thereafter keep on file in his office, subject to public inspection, a detailed statement of the financial condition of the city and of all receipts and expenditures for the previous year, ending December 31, showing:

      1.  The total receipts of the city, stating particularly the source of each portion of revenue.

      2.  The amount of cash on hand at the date of the last report.

      3.  The amount of sinking fund and how invested.

      4.  The number, date and amount of every bond issued or redeemed, and the amount received or paid therefor.

      5.  The indebtedness of the city, funded, and floating, stating the amount of each class and the rate of interest borne by such indebtedness or any part thereof.

      6.  Each warrant issued, to whom and on what account.

      7.  The amount of cash in the city treasury and in its several funds. He shall publish on or before the first Monday in March of each year, in some newspaper having a general circulation in the city, a notice that such a detailed statement has been prepared, is on file in his office, and open to public inspection at all times.

      Sec. 17.  Section 70 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 70.  Special Assessments a Lien on Property.  All special assessments shall from the date of approval thereof constitute a lien upon the respective lots or parcels of land assessed.

Duties of comptroller

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Statement of finances

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special assessments a lien on property


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

ê1945 Statutes of Nevada, Page 74 (Chapter 50, SB 86)ê

 

 

 

 

 

 

 

Special assessment; how enforced

assessed. Upon the approval of any assessment, the amount thereof may be divided into not less than four installments nor more than ten installments one of such installments to be collected each year, at such time as the board may determine, with annual interest at a rate not exceeding seven percent.

      Sec. 18.  Section 76 of chapter II of the above-entitled act is hereby amended to read as follows:

      Section 76.  Special Assessment. How Enforced.  When any special assessment roll shall be confirmed by the board of commissioners it shall be final and conclusive except as hereinafter provided, but no such assessment shall be confirmed except by a two-thirds vote of all the members of the board of commissioners. The city clerk and clerk of the board of commissioners shall thereupon deliver to the county assessor, acting ex officio city assessor, the assessment roll as confirmed by the board of commissioners with his certificate of such confirmation, and of the date thereof. The county assessor, acting ex officio city assessor, shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording, whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded, shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof, and of the validity of said assessment and assessment roll. All special assessments shall, from the date of recording thereof, constitute a lien upon the respective lots or parcels of land assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment the amount thereof may be divided into not less than four installments nor more than ten installments one of which installments to be collected yearly, or the entire amount thereof, to be collected at once, in a manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven percent.

      All special assessments, except such installments thereof as the board of commissioners shall make payable at a future time, shall be due and payable upon recording, and suit may be commenced for the collection thereof in the name of the city of Las Vegas in the same manner as any other action for money owed the city of Las Vegas; provided, the court shall order the property, or sufficient thereof to cover the amount of judgment and costs, sold, and the proceedings in said action, where the same are not inconsistent, shall be the same as is provided in the civil practice act of the State of Nevada, and whenever the words “justice court,” “justice of the peace,” and “constable” are used in said civil practice act, the same shall be held to mean municipal court, municipal judge, and chief of police, respectively, for the purposes of said action.


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

ê1945 Statutes of Nevada, Page 75 (Chapter 50, SB 86)ê

 

and whenever the words “justice court,” “justice of the peace,” and “constable” are used in said civil practice act, the same shall be held to mean municipal court, municipal judge, and chief of police, respectively, for the purposes of said action. Should any lots or lands be divided after a special assessment thereon shall have been confirmed and divided into installments, and before the collection of the installments, the board of commissioners may require the city assessor to apportion the uncollected amounts upon the several parts of land so divided.

      The report of such apportionment, when confirmed, shall be conclusive on all the parties, and all assessments thereafter made upon such lots or lands shall be according to such subdivisions. Should any special assessment prove insufficient to pay for the improvement or work for which it is levied, and the expense incident thereto, the amount of such deficiency shall be paid from the general fund in the treasury of the city; and in case a greater amount shall have been collected than was necessary, the excess shall be refunded ratable to those by whom it was paid.

      Whenever any special assessment shall, in the opinion of the board of commissioners, be invalid by reason of any irregularity of informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessments to be illegal, the board of commissioners shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made, and the collection thereof shall be conducted in the same manner as provided for special assessments in this act. Whenever any sum or any part thereof levied upon any premises in the assessment to set aside has been paid and not refunded, the payment so made shall be applied upon the reassessment on said premises, and the assessment to that extent be deemed satisfied.

      No judgment or decree nor any act of the board of commissioners vacating a special assessment shall destroy or impair the lien of the city upon the premises assessed for such amount of the assessment as may be equitably charged against the same, or as by regular mode of proceedings might have been lawfully assessed thereon. When any special assessment shall be confirmed, recorded, and be payable and the board of commissioners desires to have the same paid in annual installments, or the entire amount thereof to be paid at once, as hereinbefore provided, the board of commissioners may, by resolution, direct the city clerk to report to the city assessor a description of such lots and premises as are continued in said roll, with the amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed, as a tax upon the several lots or premises to which they were assessed, respectively, and the board of commisioners shall annually, and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid.

 

 

 

Special assessment; how enforced

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of county commissioners


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

ê1945 Statutes of Nevada, Page 76 (Chapter 50, SB 86)ê

 

 

 

 

 

 

 

 

 

Duties of city assessor

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

Repeal

In effect

amount of the assessment levied upon each, or the amount of the annual installment with the interest added, or the entire amount thereof to be paid at once, and the name of the owner or occupant against whom the assessment was made, and to require the city assessor to levy the several sums so assessed, as a tax upon the several lots or premises to which they were assessed, respectively, and the board of commisioners shall annually, and at the same time the city tax levy is made, continue to so require the city assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid.

      Upon receiving such report, the city assessor shall levy the sums therein mentioned upon the respective lots and premises to which they were assessed, and against the persons chargeable therewith, as a tax in the general assessment roll next thereafter to be made, in a column for special assessments, and the county assessor, acting ex officio city assessor, shall extend the same on said roll in the same manner as state and county taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the county tax receiver, acting ex officio city tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds; provided, that nothing in this paragraph set forth shall be construed as preventing the city of Las Vegas from collecting any special assessment by suit in the name of the city of Las Vegas in the manner in this subdivision before contained, and the said special assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the city to recover judgment therefor.

      Sec. 19.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 20.  This act shall become effective immediately upon its passage and approval.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 77ê

CHAPTER 51, SB 91

[Senate Bill No. 19–Senators Tallman and Sommer]

 

Chap. 51–An Act to amend an act entitled “An act to provide for the licensing and registration of motor vehicles in the State of Nevada, defining the duties of certain officers in connection therewith, prescribing certain rules and regulations, defining certain powers and duties, and other matters properly connected therewith, and repealing all acts or parts of acts in conflict or inconsistent with this act,” approved March 19, 1925, as amended.

 

[Approved March 7, 1945]

 

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 4377 Nevada Compiled Laws of 1929, is amended to read as follows:

      Section 4.  County assessors are hereby required to receive such applications after blanks gave been properly filled by the owner, then show on the blank the assessed valuation of the motor vehicle, basing same on the schedule of values for assessment purposes fixed by the Nevada tax commission for that year and the cost of the license based on the provisions of section 10 hereof. The owner shall then be required to pay to the county assessor the personal property tax on said vehicle, if same be subject to taxation in this state, and the license tax; provided, that if the applicant is the owner of real estate and improvements in the county in which application is made, payment of personal property tax may be deferred if the vehicle so owned is placed forthwith on the real property roll; and provided further, that the assessor may make a fair and equitable adjustment of assessed value in cases which the applicant has previously secured a license for another vehicle during the same year and has sold said other vehicle.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of county assessor

 

 

 

 

 

 

 

 

 

 

 

Repeal

 

________

 

 


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

ê1945 Statutes of Nevada, Page 78ê

CHAPTER 52, SB 51

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax commission to establish valuations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso

[Senate Bill No. 15–Senators Tallman and Sommer]

 

Chap. 52–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 7, 1945]

 

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 6546 Nevada Compiled Laws, 1931-1941 Supplement, is 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 or 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.


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

ê1945 Statutes of Nevada, Page 79 (Chapter 52, SB 51)ê

 

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 the 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. All other property shall be assessed by the county assessors, except that the valuation of land, livestock, and motor vehicles, 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 assessment transmitted to them by the Nevada tax commission.

      Sec. 2.  Section 7 of the above-entitled act, being section 6548 Nevada Compiled Laws, 1931-1941 Supplement, is amended 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 motor vehicles, and to classify land and fix and establish the valuation thereof for assessment purposes. Said valuation of livestock, motor vehicles, 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of tax commission

 

 

 

 

 

 

 

 

 

Provisos


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

ê1945 Statutes of Nevada, Page 80 (Chapter 52, SB 51)ê

 

 

 

 

 

Repeal

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

 

________

 

CHAPTER 53, SB 94

 

 

 

 

 

 

 

 

 

 

 

 

Highway engineer to take charge of county highways upon request

 

 

 

 

 

 

In effect

[Senate Bill No. 49–Senator Tognoni]

 

Chap. 53–An Act to amend an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended.

 

[Approved March 7, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 33 of the above-entitled act, being section 5354 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 33.  It shall be the duty of the state highway engineer, upon the request of the board of county commissioners of any county, to take charge and supervise the construction of any county highways and the expenditures of moneys thereon when deemed advisable by such board of county commissioners. In case of great necessity or emergency certified as such by the county commissioners of the county involved, the state highway engineer may enter into contracts with the boards of county commissioners providing for the use of state highway equipment and men at the expense of the county involved for the repair, snow removal, and clearance of county roads.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 81ê

CHAPTER 54, AB 06

[Assembly Bill No. 60–Committee on Livestock]

 

Chap. 54–An Act to amend “An act regulating the sheep industry in the State of Nevada, creating a state board of sheep commissioners, defining their powers and duties, prescribing their compensation, and providing penalties for the violation hereof,” approved March 25, 1919, as amended.

 

[Approved March 7, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 3872 N. C. L. 1929, is hereby to read as follows:

      Section 2.  The state board of sheep commissioners, hereinafter called the board, shall consist of three (3) members, no two of whom shall be from the same county, said members to be appointed by the governor, and to hold their office for four years, and until their successors are duly appointed and qualified. Two of the said commissioners shall be owners of and actually engaged in the operation of sheep in Nevada during their terms of office. One of the said commissioners need not be such an owner and operator of sheep in Nevada but, if not, shall be experienced in matters relating to the sheep industry of Nevada and capable of serving in the combined positions of commissioner and secretary of the board. Each of said commissioners, before entering upon the duties of his office, shall take and subscribe to the constitutional oath of office and enter into a bond with sufficient surety or sureties in the penal sum of twenty-five hundred dollars ($2,500), payable to the State of Nevada, and conditioned for the faithful performance of the duties of his office, which bond shall be approved by the governor, and filed in the office of the secretary of state. The members of the board shall each receive for their services five hundred dollars ($500) per annum or a lesser amount if and as determined by a majority of the board, and actual transportation expenses while in discharge of their duties. Said salaries and compensation shall be paid from the state treasury in the same manner as the salary of state officers. Each member of said board shall be a qualified elector of the county from which he is chosen, and must reside during his term of office within the state. Said board shall meet upon the request of any one or more of its members.

      Sec. 2.  Section 3 of the above-entitled act, being section 3873 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  The board shall elect one of its members president. The said board is empowered to select from its membership such other board officers as it deems necessary, to fix their duties and powers, to make and enforce rules and regulations for governing itself, and such rules and regulations as it may deem necessary for the enforcement of the provisions of this act, and shall have exclusive control of all matters pertaining to the sheep industry.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State board of sheep commissioners; three members

 

 

 

 

 

 

 

Bonds of members

 

 

 

Salaries

 

 

 

 

 

 

 

 

Officers


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

ê1945 Statutes of Nevada, Page 82 (Chapter 54, AB 06)ê

 

 

 

 

Rules and regulations

 

 

 

 

 

 

 

Inspectors

 

Bonds of inspectors

 

 

Board to make biennial report

Board to fix tax rate yearly

 

Board to order inspection of sheep

 

 

 

 

May quarantine and compel cleaning of corrals

fix their duties and powers, to make and enforce rules and regulations for governing itself, and such rules and regulations as it may deem necessary for the enforcement of the provisions of this act, and shall have exclusive control of all matters pertaining to the sheep industry. It shall be empowered to make and enforce rules and regulations for the quarantining, dipping, or any other treatment of sheep which may be infected, affected, or infested with scabies, ticks, lice, or any other parasites detrimental or injurious to sheep, or any infectious or contagious disease of sheep, and for the speedy and effective suppression and extirpation of infectious or contagious diseases, scabies, ticks, lice, or other parasites detrimental to sheep, as are not in conflict with the provisions of this act.

      The board is authorized and empowered to maintain an office at some point within the state and to employ a secretary and such inspectors and other employees as it may find necessary in carrying out the provisions of this act; to prescribe their duties and to fix their compensation and travel and subsistence expenses and to require such bonds in the case of its inspectors as it sees fit. All accounts for salaries and expenses provided for herein shall be periodically audited by the board.

      The board shall render a report of its activities in writing to the governor on or before August 1, 1946, and each two years thereafter.

      The board shall fix each year the rate to be levied as provided for in section four of this act and shall send notice of the same to the county commissioners of the several counties of the state on or before the fifth day of February of each year.

      The board shall have power to order an inspection or quarantine of any sheep in the State of Nevada, compel dipping or other treatment of sheep at such times and as often as it deems necessary to insure the suppression or eradication of scabies, ticks, lice, or other parasites detrimental to sheep, or any infectious or contagious disease of sheep, and divide the state in such districts as may be necessary for the enforcement of this act, which said districts shall be under the supervision of one of the commissioners.

      The board shall have the power to quarantine and compel the cleaning and disinfecting of any shearing or dipping corrals or places where sheep are handled, and when owners or persons in charge of such corrals or places fail or refuse to clean or disinfect such corrals or places the board shall have the power to order the inspector to take charge of such corral or place and clean and disinfect it, the expense of which shall be paid by the owner or person in charge, and shall be a lien on such corral or place until the expense is paid.


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

ê1945 Statutes of Nevada, Page 83 (Chapter 54, AB 06)ê

 

shall be a lien on such corral or place until the expense is paid.

      All orders, rules, or regulations made by the board must be published at least twice in some newspaper having general circulation in the state, which shall constitute legal notice upon all owners of sheep and other persons of the order made.

      Sec. 3.  Section 4 of the above-entitled act, being section 3874 N. C. L. 1929, is hereby amended to read as follows:

      Section 4.  The county commissioners of the several counties of the state, at the time of their annual levy of taxes, must levy the rate of tax fixed by the board, as provided for in section 3 of this act, not to exceed six (6) mills on the dollar, on all sheep and goats assessed in their respective counties, according to the assessed valuation of the same, the said tax to be collected as are other taxes and paid in full to the state treasurer, who shall keep the same in a separate fund to be known as the sheep inspection fund, which fund shall be made available and disbursed by the proper state officials upon request of the board for the purposes provided for in this act.

      The board is hereby authorized to accept contributions made for the purpose of aiding the industry by any agency or organization interested in the welfare of the sheep industry in any part of Nevada. Such contributions shall, upon acceptance, be deposited by the board with the state treasurer in the sheep inspection fund and shall be disbursed by the proper state officials as ordered by the board in accordance with the purpose or purposes for which each contribution concerned was made as determined by the board.

      Sec. 4.  Section 5 of the above-entitled act, being section 3875 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  Each assessor of the several counties of the state must, on or before the first Monday in September of each year, prepare from the assessment records of such year, as corrected by the board of county commissioners, and send the Nevada state board of sheep commissioners, a statement showing the total number and value of all sheep and goats assessed and the names and addresses of the individual owners of the same in the county concerned for the current tax year, and each treasurer of each county must notify the said board at the time of such forwarding of all moneys forwarded by him to the state treasurer for placing in the sheep inspection fund, including a final report at the time final settlement is made each year concerning such funds with the state controller.

      Sec. 5.  Section 6 of the above-entitled act, being section 3876 N. C. L. 1929, is hereby amended to read as follows:

 

Rules to be published in newspaper

 

 

 

 

County commissioners to make tax levy as fixed by board

 

 

 

 

Contributions aiding sheep industry acceptable

 

 

 

 

 

 

Duties of county officers


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

ê1945 Statutes of Nevada, Page 84 (Chapter 54, AB 06)ê

 

Inspection records to be kept

 

 

 

 

 

Powers of inspectors and deputies

 

 

 

 

 

 

 

 

 

 

 

Cost of commission, how paid

 

Repeal

In effect

      Section 6.  The board and each inspector must keep a record to be known as the inspection record, in which they must enter their official acts. Such record(s) must show the name of the owner of every flock of sheep inspected, and the time when and the place where the same was inspected. Inspectors shall have the right at all times to enter any premises, farms, fields, pens, slaughterhouses, buildings, cars, trucks, or railroad cars, where any sheep are quartered, for the purpose of examining them for the purpose of determining whether they are infected with any infectious or contagious disease. All inspectors and their deputies shall have the same powers and authority as peace officers. The board shall have the power to order any of its inspectors to quarantine any corral, pens, slaughterhouse, building, cars, trucks, and railroad cars where sheep may have been handled, and compel the cleaning and disinfecting of the same, when deemed necessary for the purposes of this act. Where owners or persons in charge of such places, corrals, pens, slaughterhouses, buildings, cars, trucks, and railroad cars, refuse to clean and disinfect them, the inspector shall have the right to take charge of such places, corrals, pens, slaughterhouses, buildings, cars, trucks, and railroad cars, and cause the same to be cleaned and disinfected, the expense of which must be paid by the owner or person in charge, and shall be a lien upon such premises, corrals, pens, slaughterhouses, buildings, cars, trucks, etc., until such expense is paid.

      Sec. 6.  Section 25 of the above-entitled act, being section 3896 N. C. L. 1929, is hereby amended to read as follows:

      Section 25.  The salaries, compensation, and expenses provided for in this act shall be paid out of the sheep inspection fund.

      Sec. 7.  All acts or parts of acts insofar as they are inconsistent with the provisions of this act, are hereby repealed.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 85ê

CHAPTER 55, AB 39

[Assembly Bill No. 93–Mr. Capurro]

 

Chap. 55–An Act to amend “An act regulating the sale of agricultural seeds; designating the state quarantine officer as the administrator of this act and defining his powers and duties; defining agricultural seeds, noxious weeds, weed seeds, diseases, and labels; providing for the labeling of agricultural seeds; setting certain standards of purity and germination for agricultural seeds and providing for the testing thereof; making an appropriation for carrying out the provisions of this act, providing penalties for the violation thereof, and other matters properly relating thereto,” approved March 29, 1929; approved March 28, 1941.

 

[Approved March 7, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 2 of the above-entitled act, being section 399 N. C. L., 1929-1941 Supp., is hereby amended to read as follows:

      Section 2.  For the purpose of this act the following terms and definitions shall apply:

      (a) The words “agricultural seeds” shall include the seeds, seed aggregates, tubers, bulbs, or other propagating parts of all domesticated or semidomesticated grasses, cereals, legumes, sugar beets, ornamental plants, vegetables, tubers, root crops, or other commercial crop plants.

      (b) The words “noxious weed seeds” shall include the following seeds for which no tolerance will be allowed: camel thorn (Alhagi camelorum), white top or hoary cress (Lepidium draba, Lepidium repens, Hymensophysa pubescens), Klamath weed (Hypericum perforatum), Russian knapweed (Centaurea repens), leafy spurge (Euphorbia esula), sow-thistle (Sonchus arvensis), Canada thistle (Cirsium arvense), Iberian star thistle (Centaurea iberica), purple star thistle (Centaurea calcitrapa), yellow star thistle (Centaurea solstitialis), morning-glory (Convolvulus arvensis), Austrian field cress (Roripa austriaca), buffalo-bur (Solanum rostratum), and water hemlock (cicuta species); provided, the state quarantine officer may from time to time designate by rules and regulations as noxious weed seeds, seeds of other plants that in his judgment may become injurious to the agriculture of the State of Nevada.

      (c) The words “secondary noxious weed seeds” shall include the following: five-hooked bassia (Bassia hyssopifolia), crabgrass (Digitaria sanguinalis, Digitaria ischaenium), charlock (Brassica arvensis) fanweed (Thlaspi arvense L), sandbur (Cenchrus pauciflorus), horsenettle (Solanum carolinense, Solanum elaeagnifolium), puncture vine (Tribulis terrestris), dodder (all species); provided, the state quarantine officer may from time to time designate by rules and regulations as secondary noxious weed seeds, seeds of other plants that, in his judgment, may become injurious to the agriculture of the State of Nevada.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

What “agricultural seeds” shall include

 

 

What “noxious weed seeds” shall include

 

 

 

 

 

 

 

 

 

What “secondary noxious weed seeds” shall include


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

ê1945 Statutes of Nevada, Page 86 (Chapter 55, AB 39)ê

 

 

 

 

 

What “weed seeds” shall include

 

 

What “disease” shall include

 

 

What “label” shall include

 

Repeal

 

In effect

carolinense, Solanum elaeagnifolium), puncture vine (Tribulis terrestris), dodder (all species); provided, the state quarantine officer may from time to time designate by rules and regulations as secondary noxious weed seeds, seeds of other plants that, in his judgment, may become injurious to the agriculture of the State of Nevada.

      (d) The words “weed seeds” shall include the seeds, seed aggregates, tubers, bulbs, or other propagating parts of any and all noxious weeds as above defined, and any and all seeds, seed aggregates, tubers, bulbs, or other propagating parts of plants not included in the definition of agricultural seeds.

      (e) The word “disease” shall include all infestations by bacteria, fungi, nematode, or unknown parasites producing rots, scabs, galls, spots, dwarfing, or other pathological conditions of plants, carried and disseminated by seeds, seed aggregates, tubers, bulbs, or other propagating parts of agricultural plants.

      (f) The term “label” shall be construed to mean a tag or label affixed in a conspicuous place on the exterior of a package or other container, plainly written or printed in the English language in characters not smaller than seven-point type.

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

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 87ê

CHAPTER 56, SB 74

[Senate Bill No. 47–Senator Cox]

 

Chap. 56–An Act to amend an act entitled “An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution and use of water, prescribing the duties and powers of the state engineer and other officers and fixing their compensation; prescribing the duties of water users and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineer’s office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts in conflict with this act, repealing an act to provide for the appropriation, distribution, and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, an assistant state engineer, and fixing their compensation, duties, and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also repealing an act amendatory of a certain act entitled ‘An act to provide for the appropriation, distribution, and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties, and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907, and to provide a fee system for the certification of the records of, and an official seal for the state engineer’s office, and other matters relating thereto,’ approved February 20, 1909, approved March 22, 1913,” as amended by Statutes of 1915, as amended by Statutes of 1931, 1933, and by 1937 Statutes of Nevada.

 

[Approved March 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 11 of the above-entitled act is hereby amended to read as follows:

      Section 11.  The quantity of water from either a surface or underground source which may hereafter be appropriated in this state shall be limited to such water as shall reasonably be required for the beneficial use to be served.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Quantity of water, how limited


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

ê1945 Statutes of Nevada, Page 88 (Chapter 56, SB 74)ê

 

 

Duties of state engineer

 

 

 

 

 

 

 

 

 

 

 

 

Governor to appoint water commissioners

 

 

 

 

 

Duties of water commissioners

      Where the water is to be diverted for irrigation purposes, or where the water is to be stored for subsequent irrigation purposes, the state engineer in determining the amount of water to be granted in a permit to appropriate water shall take into consideration the irrigation requirements in the section of the state in which the appropriation is to be made. The state engineer shall consider the duty of water as theretofore established by court decree or by experimental work in such area or as near thereto as possible. He shall also consider the growing season, type of culture, and reasonable transportation losses of water up to where the main ditch or channel enters or becomes adjacent to the land to be irrigated, and may consider any other pertinent data deemed necessary to arrive at the reasonable duty of water. In addition, in the case of storage of water, reservoir evaporation losses should be taken into consideration in determining the acre-footage of storage to be granted in a permit.

      Sec. 2.  Section 52 of the above-entitled act is hereby amended to read as follows:

      Section 52.  There shall be appointed by the governor, on the recommendation of the state engineer, one or more water commissioners for any stream subject to regulation by the state engineer or for each district, who shall receive a salary to be fixed by the state engineer, but not to exceed seven dollars and fifty cents ($7.50) per day and necessary travel and living expenses while actually employed in the performance of their duties; provided, however, that a sum not to exceed twelve ($12) dollars per day may be paid to water commissioners whose duties require special training and experience. Such water commissioners shall execute the laws prescribed in sections 52 to 58, inclusive, of this act, under the direction of the state engineer. The salary of such water commissioners shall be paid by the State of Nevada out of a fund as hereinafter provided. If the stream system or water district lies in more than one county, such salary and expenses shall be apportioned ratably to the counties, in the proportion the water rights in the county bear to the aggregate rights in the stream system or district. The state engineer shall, between the first Monday of January and the first Monday of April of each year, prepare a budget of the amount of money estimated to be necessary to pay the expenses of the stream system or each water district for the then current year. Said budget shall be prepared and show the following detail: The aggregate amount estimated to be necessary to pay the expenses of said stream system or district; the aggregate water rights in the stream system or district as determined by the state engineer or the court, and the proportion that each claimant’s right bears to the aggregate rights in the stream system or district, and the charge against each water use, which shall be based upon the proportion which his water right bears to the aggregate water rights in the stream system or district; provided, however, that the minimum charge shall be one dollar.


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

ê1945 Statutes of Nevada, Page 89 (Chapter 56, SB 74)ê

 

rights in the stream system or district, and the charge against each water use, which shall be based upon the proportion which his water right bears to the aggregate water rights in the stream system or district; provided, however, that the minimum charge shall be one dollar. Upon receipt of such budget by the board of county commissioners, it shall be their duty to certify the respective charges contained therein to the assessor of the county or counties in which the land or property is situate, and it shall be the duty of such assessor to enter the amount of such charge or charges on the assessment roll against said claimants and the property or acreage served. It shall be the duty of the proper officers of the county to collect such special tax as other special taxes are levied and collected, and such charge shall be a lien upon the property so served, and shall be collected in the same manner as other taxes are collected. The taxes and charges hereinabove provided for, when collected, shall be deposited, with the state treasurer of Nevada, in the same manner as other special taxes, in a fund in the state treasury which shall be known as “Water Distribution Funds.” All bills against said fund in the state treasury shall be certified by the state engineer or his assistant, and, when so certified and approved by the state board of examiners the state controller is authorized to draw his warrant therefor against such water distribution funds; provided, that no advances shall be made from a stream system fund that has been depleted until such advances are reimbursable from the proceeds of any tax levies levied against the particular stream system or water district for which any claims are presented. Any moneys remaining in the water distribution funds at the end of the current year shall remain in such fund and be available for use in the following year. The state controller shall keep separate accounts of the funds for each stream system or water district received from the various counties within which the stream system or district is located, and shall not draw warrants against a water district fund until he has been notified by the state engineer that assessments have been filed with the county commissioners, as herein required, that will return to the State of Nevada funds advanced by the state out of a fund hereinafter provided.

      It is further provided that the county treasurer of each county, having a balance in his water distribution funds which have been collected or may be collected under the provisions contained in section 52, shall, within 60 days of the passage and approval of this act, forward to the state treasurer all moneys remaining in said county water distribution fund.

      Sec. 3.  Section 55a of the above-entitled act is hereby amended, to correct an error in citing statutes, to read as follows:

 

 

 

 

Duties of county officers upon receipt of budget

 

 

 

 

 

 

 

Bills against fund to be certified by state engineer

 

 

 

 

 

 

Duty of state controller

 

 

 

 

 

Duty of county treasurer


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

ê1945 Statutes of Nevada, Page 90 (Chapter 56, SB 74)ê

 

 

 

Salaries of guards, how paid

 

 

 

 

 

 

Duties of state engineer concerning applications for water

 

 

 

 

 

Disposition of application

 

 

 

 

 

 

 

In effect

amended, to correct an error in citing statutes, to read as follows:

      Section 55a.  Whenever, in the pursuance of his duties, the state engineer finds it necessary to employ guards to prevent unlawful diversions of water in any ditch or ditch system, the salaries of such guards shall be charged against the owner or owners of the ditch or ditch system and become a valid lien against the lands having water rights thereunder. The costs shall be assessed against these lands and collected in the same manner as provided in section 77, chapter 140, Statutes of 1913 for the distribution of waters from reservoirs on the stream system.

      Sec. 4.  Section 63 of the above-entitled act is hereby amended to read as follows:

      Section 63.  It shall be the duty of the state engineer to approve all applications made in proper form where all fees, as in this act provided, have been paid, which contemplate the application of water to beneficial use, and where the proposed use or change does not tend to impair the value of existing rights, or be otherwise detrimental to the public welfare. But where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interests, it shall be the duty of the state engineer to reject said application and refuse to issue the permit asked for.

      The refusal or approval of an application shall be endorsed on a copy of the original application, and a record made of such endorsement in the records of the office of the state engineer; said copy of the application so endorsed shall be returned to the applicant. If approved, the applicant shall be authorized, on receipt thereof, to proceed with the construction of the necessary works and to take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is refused the applicant shall take no steps toward the prosecution of the proposed work or the diversion and use of the public water so long as such refusal shall continue in force.

      Sec. 5.  This act shall become effective from and after its passage and approval.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 91ê

CHAPTER 57, SB 3

[Senate Bill No. 3–Committee on Judiciary]

 

Chap. 57–An Act to amend an act entitled “An act to provide for the appointment of guardians and to prescribe their duties,” approved March 11, 1899, as amended.

 

[Approved March 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 30 of the above-entitled act as amended, being section 9524 of the Nevada Compiled Laws of 1929, is hereby amended to read as follows:

      Section 30.  If, after a full examination, it shall appear to the court either that it is necessary or would be for the benefit of the ward, for any purpose mentioned in sections 21 and 22 of this act, that his or her real estate or some part of it should be sold, such court may grant an order therefor, specifying therein whether necessary or proper and the object for which made. The order may also direct the sale to be at public auction or private sale.

      Upon making an order of sale, under the provisions of the preceding section, a certified copy of such order shall be delivered by the clerk to the guardian, who shall thereupon be authorized and required to sell the real estate as directed.

      Sec. 2.  The above-entitled act is hereby amended by adding a new section to be known as section 30(a), which section reads as follows:

      Section 30(a).  When a sale of real property is ordered and is to be made at public auction, notice of the time and place of holding the same shall be given by posting a copy in three of the most public places of the county in which the land is situated and by publishing it in a newspaper published in the county, if there be one; if not, then in such paper as the court or a judge thereof may direct, for three weeks successively next before such sale, in which notice the lands and tenements shall be described with common certainty. When a sale of real property is ordered and is to be made at private sale, notice of the same must be given by posting a copy in three of the most public places of the county in which the land is situated, and by publishing it in a newspaper published in the county, if there be one; if not, then in such paper as the court or a judge thereof may direct, for two weeks successively next before such sale, in which notice the lands and tenements shall be described with common certainty. The notice must state a day on or after which the sale will be made, and a place where offers or bids will be received. The day last referred to must be at least fifteen days from the first publication of notice; and the sale must not be made before that day, but must be made within six months thereafter; provided, that where the property ordered sold shall have been valued in the inventory at less than five hundred dollars, it shall be in the discretion of the court to order the notice of sale thereof to be given by posting only.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Judge may order sale of real estate

 

Certified copy to be given guardian

 

 

Sale of property to be advertised

 

 

 

 

 

 

 

 

 

Notice to state date of sale


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

ê1945 Statutes of Nevada, Page 92 (Chapter 57, SB 3)ê

 

 

 

 

Bids or offers to be in writing

 

 

 

 

 

 

 

 

 

 

Where and time sale may be made

 

 

 

 

 

Appraisement

 

 

 

 

Duties of guardian after sale

sale must not be made before that day, but must be made within six months thereafter; provided, that where the property ordered sold shall have been valued in the inventory at less than five hundred dollars, it shall be in the discretion of the court to order the notice of sale thereof to be given by posting only. The bids or offers must be in writing and may be left at the place designated in the notice, or delivered to the guardian personally, or may be filed in the office of the clerk of the court to which the return of sale must be made, at any time after the first publication of the notice and before the making of the sale. If it be shown that it will be for the best interest of the guardianship estate, the court or judge may, by an order, shorten the time of the notice, which shall not, however, be less than one week, and may provide that the sale may be made on or after a day less than fifteen, but not less than eight days from the first publication of the notice, in which case the notice of sale and the sale may be made to correspond with such order.

      Sec. 3.  The above-entitled act is hereby amended by adding a new section to be known as section 30(b), which section reads as follows:

      Section 30(b).  Such sale shall be made in the county where the land is situated, but when the tract is situated in two or more counties, it may be sold in any one of such counties. The sale shall be made between the hours of 9 o’clock in the forenoon and 5 o’clock in the afternoon of the same day, at public auction or private sale, as the court may have ordered, but the same shall not be sold at private sale unless the real estate to be sold has been appraised within a year previous to the time of such sale, nor shall the same be sold at private sale for less than two-thirds of its appraised value. If such real estate has not been appraised, the court shall appoint three disinterested real-estate holder to appraise the same, who shall return their said appraisement under oath to the court before the sale shall be made.

      Sec. 4.  The above-entitled act is hereby amended by adding a new section to be known as section 30(c), which section reads as follows:

      Section 30(c).  The guardian making any sale of any real estate shall within five days thereafter make and file with the clerk a return of his proceedings, whereupon the clerk shall give notice by posting in three public places of the county that the return has been filed and will be heard by the court at a time and place to be designated in said notice, not less than ten days after such posting, and notify all interested to appear and show cause why said sale should not be confirmed. At the time set, or at such other times as the hearing may be continued to, the court shall hear the matter, and if it shall appear that the proceedings were unfair, or that the sum bid is disproportional to the value, and that a sum exceeding such bid at least ten percent, exclusive of the expense of a new sale, may be obtained, the court shall vacate such sale and direct a new sale to be made and the proceedings thereon shall be as upon an original order to sell; provided, that if an offer of ten percent or more exclusive of the expense of a new sale shall be made in writing by a responsible person, to the court or judge, it shall be discretionary with the court to accept such offer and confirm the sale to such person or to order a new sale.


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

ê1945 Statutes of Nevada, Page 93 (Chapter 57, SB 3)ê

 

matter, and if it shall appear that the proceedings were unfair, or that the sum bid is disproportional to the value, and that a sum exceeding such bid at least ten percent, exclusive of the expense of a new sale, may be obtained, the court shall vacate such sale and direct a new sale to be made and the proceedings thereon shall be as upon an original order to sell; provided, that if an offer of ten percent or more exclusive of the expense of a new sale shall be made in writing by a responsible person, to the court or judge, it shall be discretionary with the court to accept such offer and confirm the sale to such person or to order a new sale.

      Sec. 5.  The above-entitled act is hereby amended by adding a new section to be known as section 30(d), which section reads as follows:

      Section 30(d).  If upon the hearing, when all persons interested who desire have been heard for or against, and any testimony that may be offered, it shall appear to the court that the sale was legally made and fairly conducted, and that the sum bid is not disproportionate to the value of the property sold, or if disproportionate that a greater sum as above specified cannot be obtained, or that the advance bid mentioned in section 30(c) of this act be made and accepted, the court shall confirm the sale and direct proper conveyances to be made and executed, and that such sale from that time shall be confirmed and valid; provided, that if after such confirmation the purchaser shall neglect or refuse to comply with the terms of sale the court may, on motion of the guardian, and after notice to the purchasers, order a new sale of the property, and if the amount realized on such sale does not cover the bid and expenses of the previous sale, such delinquent purchaser shall be liable for the deficiency; provided further, that the guardian shall, within ten days after the entry of any decree of confirmation of sale of real estate, file or cause to be filed in the office of the county recorder of the county wherein such decree was made, a certified copy of such decree.

      Sec. 6.  The above-entitled act is hereby amended by adding a new section to be known as section 30(e), which section reads as follows:

      Section 30(e).  Proper conveyances shall thereupon be executed to the purchasers by the guardian, The conveyances so made shall be deemed to convey all the right, title, interest, and estate of the ward in the premises at the time of the sale. When, however, by operation of law or otherwise the guardianship estate shall have acquired any right, title, or interest in the premises other than or in addition to that of the ward at the time of the sale, such right, title, or interest shall also be passed by such conveyances.

Duties of district judge

 

 

 

Proviso

 

 

 

 

 

 

 

Confirmation of sale, how attained

 

 

 

Provisos

 

 

 

 

 

 

 

 

 

Execution of proper conveyance


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

ê1945 Statutes of Nevada, Page 94 (Chapter 57, SB 3)ê

 

 

 

Notice of sale to be proved

 

 

 

Guardian may postpone date of sale

 

 

 

Notice of adjournment must be given

 

 

 

Repeal

In effect

      Sec. 7.  The above-entitled act is hereby amended by adding a new section to be known as section 30(f), which section reads as follows:

      Section 30(f).  Before any order is entered confirming the sale it shall be proved to the satisfaction of the court that notice of the sale was given as in this act prescribed, and the order of confirmation shall state that such proof was made.

      Sec. 8.  The above-entitled act is hereby amended by adding a new section to be known as section 30(g), which section reads as follows:

      Section 30(g).  If at the time appointed for the sale the guardian shall deem it best for the interest of all parties concerned therein that the same should be postponed, he may adjourn the sale from time to time, not exceeding in all sixty days.

      Sec. 9.  The above-entitled act is hereby amended by adding a new section to be known as section 30(h), which section reads as follows:

      Section 30(h).  In case of adjournment, notice thereof shall be given by a public declaration at the time and place first appointed for the sale, and if the adjournment be for more than one day, further notice shall be given by posting in three public places in the county where the land is situated, or publishing the same, or both, as time and circumstances will admit.

      Sec. 10.  All acts and parts of acts in conflict herewith are hereby repealed.

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

 

________

 

CHAPTER 58, SB 29

 

 

 

 

 

 

 

 

 

 

 

 

City council may acquire land for airport

[Senate Bill No. 92–Lyon County Delegation]

 

Chap. 58–An Act authorizing the city council of the city of Yerington, Lyon County, Nevada, to acquire, own, operate, build, construct, and maintain a municipal airport; providing for the financing of the same by bond issue or by taxation, or by any other means, and other matters properly connected therewith.

 

[Approved March 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The city council of the city of Yerington, county of Lyon, State of Nevada, is hereby authorized, from time to time, to acquire by lease, purchase, donation, or by condemnation, such parcels of land, either within or without the present corporate limits of the city of Yerington, as may in its opinion be necessary, proper, and adequate to maintain a municipal airport thereon, together with hangars, shops, and such other installations as may be necessary to insure the safety and convenience of such airport.


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

ê1945 Statutes of Nevada, Page 95 (Chapter 58, SB 29)ê

 

condemnation, such parcels of land, either within or without the present corporate limits of the city of Yerington, as may in its opinion be necessary, proper, and adequate to maintain a municipal airport thereon, together with hangars, shops, and such other installations as may be necessary to insure the safety and convenience of such airport.

      Sec. 2.  At such time as the city council may have acquired sufficient lands for the purposes set out in section 1 of this act, it may proceed to enter into any and all contracts, agreements, and undertakings such as may be proper and necessary to construct such airport, together with all necessary airport facilities; provided, however, that the city council shall be required in all such matters to follow and observe every requirement now imposed upon it in entering into similar contracts concerning matters or regular city administration under the present charter of the city of Yerington, being chapter LXXII of the 1907 Statutes of Nevada, as amended.

      Sec. 3.  For the purpose of meeting and defraying the expenses which may from time to time be incurred under the provisions of this act, the city council may create bond issues, fix tax levies, receive donations, or transfer from any fund now or hereafter existing, except bond interest and redemption funds, such amounts of money at such times as it may deem advisable. In exercising the powers conferred upon it by this section the council shall at all times be limited as it now is by the charter of the city of Yerington in the performance of similar acts as therein designated.

      Sec. 4.  The city council is hereby authorized to conduct and carry on, in the name of the city of Yerington, any and all types of business as may be necessary, proper, or convenient, to the operation and maintenance of an airport, or it may lease or rent any or all of the facilities of such airport to any person, firm, company, or corporation, for operation. In the event the city council shall operate all or any part of such airport it shall have full authority to propose and adopt all rules and regulations necessary therefor, and may employ an airport manager who shall be in actual charge thereof subject to the control of said city council.

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

 

 

 

 

 

Council authorized to contract for building airport

 

 

 

Limitations of city charter

Duties of council concerning cost of airport

 

 

Limitations of city charter

Duties of city council after completion of airport

 

 

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 96ê

CHAPTER 59, SB 13

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees of recorder to be paid to treasurer monthly

 

 

 

Repeal

In effect

[Senate Bill No. 31–Senator Russell]

 

Chap. 59–An Act to amend an act entitled “An act fixing the fees to be charged and collected by the county recorder in and for White Pine County, Nevada, and providing for the disposition thereof,” approved March 22, 1913.

 

[Approved March 9, 1945]

 

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 chap. 188, Statutes of Nevada 1913, is hereby amended so as to read as follows:

      Sec. 2.  The said recorder shall, on the first Monday of each and every month pay to the county treasurer of said White Pine County the amount of all fees charged by the said recorder during the next preceding month with the exception of fees charged as in section 1 hereof provided for abstracts of title, which said fees he may retain as compensation for such last-mentioned service.

      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.

 

________

 

CHAPTER 60, SB 85

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Payments, how determined

[Senate Bill No. 58–Committee on Education, State Library, and Public Morals]

 

Chap. 60–An Act to amend section 5 of an act entitled “An act to equalize educational opportunities in rural schools by providing aid therefor under certain conditions; to create a state fund to be known as the ‘Aid to Rural School,’ fund; to authorize a state tax levy and an appropriation, and other matters properly related thereto,” approved March 24, 1943, being chapter 159, 1943 Statutes of Nevada.

 

[Approved March 9, 1945]

 

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 is hereby amended to read as follows:

      Section 5.  The superintendent of public instruction is hereby authorized to order payments from the “Aid to Rural School” fund. The amount of aid paid to any rural school shall be determined as follows:

      1.  Upon receipt of the request for aid, accompanied by a copy of the budget and statement of the assessed valuation specified in section 3 hereof, the superintendent of public instruction shall determine the amount available from all sources for the support and maintenance of the rural school for the then current school year;

 


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

ê1945 Statutes of Nevada, Page 97 (Chapter 60, SB 85)ê

 

specified in section 3 hereof, the superintendent of public instruction shall determine the amount available from all sources for the support and maintenance of the rural school for the then current school year;

      2.  The amount needed for the transportation of pupils shall be deducted from the total amount available for the support and maintenance of the rural school;

      3.  The amount to be paid as aid to the rural school shall be the difference between eighteen hundred ($1,800) dollars in the case of a one-teacher school and three thousand six hundred ($3,600) dollars in the case of a two-teacher school, and the amount determined in part two of this section to be available for the support and maintenance of the rural school for the then current school year after deducting the cost of transporting pupils;

      4.  The amount of aid thus determined to be necessary in order to guarantee to each rural school applying for aid the sum provided in subparagraph 3 of this section shall be paid to the county treasurer for the account of the rural school as soon as practicable after the fifteenth of March.

      Sec. 2.  This act shall be in full force and effect from and after January 1, 1946.

Payments, how determined

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 61, SB 75

[Senate Bill No. 57–Committee on Education, State Library, and Public Morals]

 

Chap. 61–An Act relating to public education; to safeguard the educational interest and welfare of the state by prescribing conditions under which funds, services, commodities, or equipment provided by agencies of the federal government may be accepted for use by public tax-supported schools and school systems of the State of Nevada.

 

[Approved March 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state board of education shall prescribe regulations under which contracts, agreements or arrangements may be made with agencies of the federal government for funds, services, commodities, or equipment to be made available to the public tax-supported schools and school systems under the supervision or control of the state department of education.

      Sec. 2.  All contracts, agreements, or arrangements made by public tax-supported schools and school systems in the State of Nevada involving funds, services, commodities, or equipment which may be provided by agencies of the federal government, shall be entered into in accordance with regulations prescribed by the said board of education and in no other manner.

 

 

 

 

 

 

 

 

 

 

 

 

 

State board of education to prescribe regulations concerning federal funds

 

State board regulations obligatory


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

ê1945 Statutes of Nevada, Page 98 (Chapter 61, SB 75)ê

 

 

 

Repeal

In effect

government, shall be entered into in accordance with regulations prescribed by the said board of education and in no other manner.

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

      Sec. 4.  This act shall take effect from and after its passage and approval.

 

________

 

CHAPTER 62, SB 96

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Method for discontinuance of county high schools

 

 

Proviso

 

 

 

Agreements limited to one year

[Senate Bill No. 69–Committee on Education, State Library, and Public Morals]

 

Chap. 62–An Act authorizing boards of trustees or county boards of education to provide for the education of the students in the high schools under their supervision at other established high schools; authorizing the boards of trustees or county boards of education of such high schools and of other established adjoining high schools to enter into written agreements regarding the tuition to be charged, the time of payment thereof, and the transportation to be furnished; authorizing the boards of county commissioners to levy the necessary taxes for the support of such high schools; and other matters relating thereto.

 

[Approved March 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever it may appear feasible and practicable that any Nevada high school be discontinued because of small enrollment of pupils or because better educational facilities may be provided the pupils at a lower cost in some nearby high school, the governing board of such high school, district or county, may enter into a written agreement with the governing board of a county or district high school in the same or an adjoining county for the education of all the pupils of such high school in such nearby high school in the same or the adjoining county; provided, that such written agreement be approved by the boards of county commissioners of the county or counties in which the high schools are located and by the state superintendent of public instruction.

      It is further provided that any such agreement shall be for the period of one year only, but subject to renewal from year to year at the option of the school boards involved. The agreement shall recite the annual per capita amount to be paid to the school receiving the high school pupils by the school from which they come and specify the time for such payments. Such agreement shall further indicate definite arrangements for the transportation of the high school pupils and for the payment of the costs of such transportation.


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

ê1945 Statutes of Nevada, Page 99 (Chapter 62, SB 96)ê

 

arrangements for the transportation of the high school pupils and for the payment of the costs of such transportation.

      Each school entering into the agreement shall retain its legal and educational identity, be governed by all the laws and have all the powers granted to such high schools by the general laws of the State of Nevada, and be entitled to receive the income provided for it by statute. Separate budgets shall be prepared and filed annually, according to law, by the governing board of each high school involved and the boards of county commissioners are hereby authorized and directed to levy the necessary taxes provided by law for the support of the high schools within their respective counties. The receiving high school shall keep an accurate and separate record of the daily attendance of the pupils from its own and from the other high school.

      The agreement herein provided may be terminated in June of any school year by mutual consent or action of the governing boards involved or by the unanimous action of the school board of either district; provided, that in case of dissolution of the agreement by action of only one of the two districts herein designated, at least thirty days’ notice of intention to dissolve shall be given to the other board.

      From time to time, as provided in the agreement, a majority of the members of the school board of the school from which the pupils are sent shall sign an order payable to the school in which the pupils are educated, covering compensation at a per capita rate agreed upon for the instruction of the pupils, and such order shall be valid authority in the hands of the county auditor and county treasurer upon whom it is drawn for the payment of the money involved. Similar school orders covering the cost of transportation shall likewise be honored by the county officials.

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

 

 

Legal and educational identity to be retained

 

 

 

 

 

 

 

 

Termination of agreement, when

 

 

 

 

 

 

 

Duties of county auditor and county treasurer

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 100ê

CHAPTER 63, SB 06

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Act binding on all teachers agreeing to its provisions

 

 

 

 

How teachers who rejected act may reenroll

[Senate Bill No. 60–Committee on Education, State Library, and Public Morals]

 

Chap. 63–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, Nevada Compiled Laws 1929, as amended,” approved March 29, 1937, as amended.

 

[Approved March 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 28 of the above-entitled act is hereby amended to read as follows:

      Section 28.  This act shall be binding upon all such teachers employed in the public schools of this state at the time of the approval of this act, who shall, on or before October 1, 1937, sign and deliver to the public school teachers retirement salary fund board a notification that said teachers agree to be bound by and to avail themselves of the benefits of this act. The public school teachers retirement salary fund board is hereby authorized and empowered to extend the time limit within which such notification may be made to a date not later than October 1, 1938.

      Any teacher who has rejected the provisions of the 1937 act shall, upon application to the public school teachers retirement salary fund board, be entitled to accept and come within the provisions of the classification of “original member”; provided, that such application be filed with the public school teachers retirement salary fund board not later than January 1, 1946; and provided further, that the years of teaching service during which any teacher was not a member will not be counted as years of teaching service for retirement credit unless the teacher pay all contributions that would have been paid under the plan elected by such teacher, had such teacher elected the same plan prior to October 1, 1938, plus interest at the rate of four (4%) percent per annum on each yearly payment.

      Any original member employed as a teacher during the 1944-1945 school year shall be allowed to change his or her elected plan for payments and benefits, providing notification of such change is filed with the public school teachers retirement salary fund board not later than January 1, 1946.


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

ê1945 Statutes of Nevada, Page 101 (Chapter 63, SB 06)ê

 

      Any original member not employed as a teacher during the 1944-1945 school year shall be allowed to change his or her elected plan for payments and benefits during the first year of employment as a teacher subsequent to July 1, 1945.

      If any original member change from plan No. 1 to plan No. 2 pursuant to either of the two preceding paragraphs, such member may contribute an amount equal to the difference between $36 and five percent of the salary earned for each year during which the member contributed $36.

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

 

May change elected plan

 

 

 

 

In effect

 

________

 

CHAPTER 64, SB 95

[Senate Bill No. 59–Committee on Education, State Library, and Public Morals]

 

Chap. 64–An Act to amend section 11 of an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917.

 

[Approved March 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 11 of the above-entitled act, being section 3020, 1929 Nevada Compiled Laws, 1941 Supp., is hereby amended to read as follows:

      Section 11.  In case of great necessity or emergency the governing board of any city, town, school district, county high school, high school district, educational district, or irrigation district organized according to law, by unanimous vote, by resolution reciting the character of such necessity or emergency, may authorize a temporary loan for the purpose of meeting such necessity or emergency; provided, however, that before the adoption of any such emergency resolution the governing board shall publish notice of their intention to act thereon in a newspaper of general circulation for at least one publication, and no vote may be taken upon such emergency resolution until fifteen days after the publication of said notice; provided further, however, that in school districts having less than 100 pupils in average daily attendance the publication of such emergency resolution may be made by posting conspicuously, in three different places in said school district, notice containing in full the emergency resolution with the date upon which the board of school trustees of said district are to meet to act upon said emergency resolution, and such posting of said resolution shall be made not less than ten days previous to the date fixed in said emergency resolution for action thereon.

 

 

 

 

 

 

 

 

 

 

 

 

 

Emergency loan, how consummated

 

 

Provisos


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

ê1945 Statutes of Nevada, Page 102 (Chapter 64, SB 95)ê

 

Emergency loan, how consummated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

fixed in said emergency resolution for action thereon. Upon the unanimous adoption by any governing board of any emergency resolution, a certified copy thereof shall be forwarded to the state board of finance, for its approval, and no such resolution shall be effective until approved by the state board of finance, and the resolution of the said board of finance recorded in the minutes of the board; provided, that when in the judgment of the governing board of any city, town, school district, county high school, high school district, educational district, or irrigation district organized according to law, the fiscal affairs of such designated governmental agency can be carried on without impairment and there is sufficient money in the general fund or a surplus in any other fund, with the exception of the bond interest and redemption fund, of such designated governmental agency, the governing boards are authorized, after the emergency loan has been approved as provided above, to transfer from the general fund or from the surplus appearing in any fund, with the exception of the bond interest and redemption fund of such designated governmental agency, money sufficient to handle said emergency; and provided further, that when such transfer is made the governing board of such designated governmental agency shall comply with the provisions of section 13 of this act, and when the emergency tax is thereafter collected, the amount so collected shall be immediately placed in the fund from which the loan was made; provided, however, in cases where the fund from which the loan was made, at the time of the transfer of funds therefrom, contains a surplus that in the judgment of the state board of finance is or will not be needed for the purposes of said fund in the ordinary course of events, then said emergency tax need not be levied, collected, and placed in the fund from which the loan was made, but such transfer shall be deemed refunded for all purposes of this act. Interest accounts come within the jurisdiction of the state board of finance and may be approved or disapproved in whole or in part by said board.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 103ê

CHAPTER 65, AB 551

[Assembly Bill No. 155–Mr. Starks]

 

Chap. 65–An Act authorizing the board of school trustees of Goldfield school district No. 4 of Goldfield, Esmeralda County, Nevada, to sell and convey a certain school building to the State of Nevada, department of highways, and authorizing the distribution of the proceeds of sale to the loan fund of said district.

 

[Approved March 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of school trustees of Goldfield school district No. 4 of Goldfield, Esmeralda County, Nevada, is hereby authorized and empowered to sell and convey and to do all things whatsoever necessary or incident to effect the conveyance to the State of Nevada, department of highways, of the Sundog school building in Goldfield, Esmeralda County, Nevada, for the sum of $1,000.

      Sec. 2.  Upon the receipt of said sum of $1,000 the board of school trustees of Goldfield school district No. 4 of Goldfield, Esmeralda County, Nevada, are authorized, empowered, and directed to transfer the same to the “Goldfield School District No. 4 Loan Fund.”

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sale of Sundog school building to highway department

 

Disposition of payment

 

 

 

In effect

 

________

 

CHAPTER 66, AB 61

[Assembly Bill No. 16–Mr. Boak]

 

Chap. 66–An Act to amend an act entitled “An act to provide for the payment of attorneys in certain cases,” approved March 5, 1875.

 

[Approved March 9, 1945]

 

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 11357 Nevada Compiled Laws 1929, as amended, is hereby amended to read as follows:

      Section 1.  An attorney appointed by a court to defend a person indicted for any offense is entitled to receive from the county treasury a fee to be set at the discretion of the district judge; provided, that in no case shall such fee exceed the sum of three hundred ($300) dollars; provided further, that if an attorney is called by court into a county other than the county in which he has his office, he shall be allowed in addition to said fee, his actual living expenses not to exceed five dollars ($5) per diem while away from the place in which he has his office and engaged on such case plus actual and necessary traveling expenses as may be allowed by the court, not to exceed seven and one-half cents ($0.07 1/2) per mile traveled.

 

 

 

 

 

 

 

 

 

 

 

 

Fee for attorney appointed by the court


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

ê1945 Statutes of Nevada, Page 104 (Chapter 66, AB 61)ê

 

 

Fee of attorney appointed by the court

 

 

 

 

Repeal

In effect

in which he has his office and engaged on such case plus actual and necessary traveling expenses as may be allowed by the court, not to exceed seven and one-half cents ($0.07 1/2) per mile traveled. Such compensation for services and expenses shall be paid by the county treasurer out of any moneys in the treasury not otherwise appropriated, upon the certificate of the judge of the court that such attorney has performed the services required and incurred the expenses claimed.

      Sec. 2.  All acts and parts of acts, insofar as they may be in conflict with the provisions of this act are hereby repealed.

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

 

________

 

CHAPTER 67, AB 101

 

 

 

 

 

 

 

 

 

 

 

 

 

City council to dispose of certain land

 

 

 

 

Description of land

[Assembly Bill No. 101–Washoe County Delegation]

 

Chap. 67–An Act to amend an act entitled “An act authorizing and empowering the city of Reno, county of Washoe, State of Nevada, to vacate and dispose of a portion of an unused street of the city of Reno,” approved March 8, 1923.

 

[Approved March 9, 1945]

 

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 city council of the city of Reno is hereby authorized and empowered to act as follows:

      To vacate, grant, bargain, sell, and convey, or otherwise dispose of, the portion of an unused street in the city of Reno, county of Washoe, State of Nevada, described as follows, to wit:

      Beginning at the street center at the intersection of Lake street and East Second street in the city of Reno, Nevada; thence easterly along the center line of East Second street, a distance of 455.33 feet; thence by deflecting to the left at an angle of 36° 28′ 30″, a distance of 67.29 feet to a point on the north line of East Second street; said point being the point of beginning; thence continuing along the same line a distance of 118.89′; thence by deflecting to the left at an angle of 81° 34′ 30″, at a distance of 40.44 feet; thence by deflecting to the left at an angle of 98° 25′ 30″, a distance of 178.93 feet to the north line of East Second street, thence by deflecting to the left at an angle of 143° 31′ 30″, a distance of 67.29′ along the north line of East Second street to a point; said point being previously described as the point of beginning. The property herein described constituting a strip of ground 40′ wide extending from the north line of East Second street to the Virginia and Truckee R.


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

ê1945 Statutes of Nevada, Page 105 (Chapter 67, AB 101)ê

 

described constituting a strip of ground 40′ wide extending from the north line of East Second street to the Virginia and Truckee R. R. Company’s right of way, and also being a portion of the street which was formerly known as Front street.

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

 

 

 

In effect

 

________

 

CHAPTER 68, AB 621

[Assembly Bill No. 126–Mr. Starks]

 

Chap. 68–An Act to amend “An act relating to insane persons,” approved March 7, 1941, by the addition of a new section to be known as section 3 1/2.

 

[Approved March 9, 1945]

 

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 the addition of a new section to be known as section 3 1/2.

      Section 3 1/2.  No county official shall charge any fee for the filing of a petition, for the recording of an order, or for any services rendered, in any proceedings to restore any person previously adjudicated to be insane to the status of a sane person.

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

      Sec. 3.  This act shall take effect immediately upon its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

No fee cost for restoration service of insane person

 

Repeal

In effect

 

________

 

CHAPTER 69, AB 12

[Assembly Bill No. 21–Mr. McElroy]

 

Chap. 69–An Act to amend “An act to authorize the state board of medical examiners of Nevada to issue, modify, and revoke temporary licenses to practice medicine, surgery, and obstetrics within particularly designated parts of the state, to make lawful and regulate the practice of medicine, surgery, and obstetrics under such temporary licenses, and other matters relating thereto, and to fix the date of the expiration hereof,” approved March 20, 1943.

 

[Approved March 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act, being chapter 120, Statutes of Nevada 1943, page 171, hereby is amended to read as follows:

 


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

ê1945 Statutes of Nevada, Page 106 (Chapter 69, AB 12)ê

 

 

Expiration limit June 30, 1947

 

Expiration limit June 30, 1947

In effect

      Section 6.  Every license issued under the authority of this act shall by its terms be limited to expire, and shall expire, on the 30th day of June 1947.

      Sec. 2.  Section 8 of the above-entitled act, being chapter 120, Statutes of Nevada 1943, page 171, hereby is amended to read as follows:

      Section 8.  This act shall be effective from and after its passage and approval and shall expire by limitation on the 30th day of June 1947.

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

 

________

 

CHAPTER 70, AB 42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When unlawful to fish in districts Nos. 3, 4, and 6 in Humboldt County

[Assembly Bill No. 24–Humboldt County Delegation]

 

Chap. 70–An Act to amend “An act relating to and providing for the protection, propagation, restoration, domestication, introduction, purchase, and disposition of wild animals, wild birds, and fish; creating certain offices, providing the method of selecting the officers therefor, defining the powers and duties of certain officers, and other persons; defining certain terms; providing for the licensing of and regulating of hunting, trapping, game farming, and game fishing; authorizing the establishment, control and regulation of private fish hatcheries, state recreation grounds, sanctuaries, and refuges, and the closing, opening, and shortening of hunting and fishing seasons; regulating the transportation and possession of wild animals, wild birds, and game fish; providing for the condemnation of property for certain purposes; providing for instruction in the game laws of this state in the public schools of this state; establishing certain funds and regulating expenditures therefrom, providing penalties for violation thereof and repealing certain acts and parts of acts in conflict therewith,” approved March 29, 1929, together with the acts amendatory thereof or supplemental thereto.

 

[Approved March 9, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 28 of the above-entitled act, being section 3062 N. C. L. 1929, as amended, hereby is amended to read as follows:

      Section 28.  It shall be unlawful for any person to fish in or from any of the waters of the Humboldt river within said districts No. 3 and No. 4 except between the first day of April and the thirty-first day of October of the same year, both dates included, or in or from any of the waters of any other streams within said districts No.


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

ê1945 Statutes of Nevada, Page 107 (Chapter 70, AB 42)ê

 

other streams within said districts No. 3 and No. 4, or in or from any of the waters in district No. 6 between the first day of October and the first day of May following.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

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

 

 

 

Repeal

In effect

 

________

 

CHAPTER 71, SB 39

[Senate Bill No. 93–Senator Schuman]

 

Chap. 71–An Act to amend an act entitled “An act fixing the compensation of certain county officers of Mineral County in the State of Nevada; regulating the appointments, number, and compensation of their deputies and attaches, and authorizing and directing the county commissioners of Mineral County to allow and pay compensation of such additional clerks and assistants as may be needed in the office of the county clerk and ex officio treasurer and county recorder and ex officio auditor, respectively, as other claims against the county, and repealing all acts and parts of acts in conflict herewith,” approved February 24, 1937.

 

[Approved March 12, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The following-named officers of Mineral County shall receive in full payment for all services rendered by them the following compensation:

      The sheriff and the ex officio assessor shall receive three thousand six hundred ($3,600) dollars per annum; he shall be allowed to appoint one deputy who shall receive a salary of three thousand ($3,000) dollars per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed ten dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only. The sheriff may employ one office stenographer at a salary of one hundred seventy-five ($175) dollars per month.

      The county recorder and ex officio auditor shall receive a salary of three thousand ($3,000) dollars per annum; he may appoint a deputy at a salary not to exceed one hundred and seventy-five ($175) dollars per month.

      The county clerk and ex officio treasurer, clerk of the district court, and clerk of the board of county commissioners shall receive a salary of three thousand ($3,000) dollars per annum.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff and ex officio assessor

 

 

 

 

 

 

Salary of recorder and ex officio auditor

 

Salary of clerk and ex officio treasurer


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

ê1945 Statutes of Nevada, Page 108 (Chapter 71, SB 39)ê

 

 

 

Salary of district attorney

 

 

 

Salary of county commissioners

 

 

 

 

 

 

In effect

 

Repeal

annum. The county clerk and ex officio treasurer shall be entitled to appoint one chief deputy who shall receive a salary of one hundred seventy-five ($175) dollars.

      The district attorney shall receive two thousand four hundred ($2,400) dollars per annum, which shall be his compensation in full, except he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve. The district attorney may employ one office stenographer at a salary of one hundred seventy-five ($175) dollars per month.

      The county commissioners of Mineral County shall receive the sum of nine hundred ($900) dollars per annum, and such mileage as is now allowed by law; and the board of county commissioners is hereby authorized and directed to allow the sheriff and assessor, county recorder and auditor, county clerk and ex officio treasurer, and the district attorney such additional clerks and deputies as the duties of their respective offices may require; provided, however, the compensations to be allowed such extra clerks and deputies shall be fixed by the board of county commissioners and shall not exceed the sum of six ($6) dollars per day.

      Sec. 2.  This act shall become effective on the first day of the first month following its passage and approval.

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

 

________

 

CHAPTER 72, SB 24

 

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 42–Senator Schuman]

 

Chap. 72–An Act to authorize and direct the county auditor of Mineral County to allow and the county treasurer thereof to pay the claim of Miller and Stoutenburg from the Mina water system funds of the town of Mina.

 

[Approved March 12, 1945]

 

      Whereas, The board of Mineral County commissioners, acting as the town board of the town of Mina, on and before the 1st day of June 1943, found that there existed a serious shortage of water in the town of Mina, Mineral County, Nevada, due to an inadequate and failing water supply and that the public health and safety of said town and its inhabitants were thereby endangered; and

      Whereas, The board of Mineral County commissioners, acting as the town board of said town of Mina, believed that they were authorized to act forthwith and provide for the construction and installation of an auxiliary water system for said town of Mina, and that because of the then existing emergency, were not required, in letting said contract, to advertise the same in some newspaper published in said county of Mineral; and


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

ê1945 Statutes of Nevada, Page 109 (Chapter 72, SB 24)ê

 

      Whereas, On or about June 1, 1943, the board of Mineral County commissioners, sitting as the town board for the said town of Mina, and Miller and Stoutenburg, general contractors of Hawthorne, Mineral County, Nevada, each with full recognition of the then existing emergency, entered into a contract in good faith for the construction and installation of said auxiliary water system for the town of Mina, and pursuant thereto said Miller and Stoutenburg did install and construct said auxiliary water system, and have filed with and presented to the board of Mineral County commissioners, their claim for the cost and charge thereof in the amount of thirteen thousand eight hundred three and 82/100 ($13,803.82) dollars; and

      Whereas, An election was duly held and had by the residents and citizens of the town of Mina for the purpose of approving or rejecting a bond issue to pay the cost and expense of installing and constructing said auxiliary water system, and as a result thereof a bond issue in the sum of twenty thousand ($20,000) dollars was authorized, said election having duly carried in the affirmative, and said bonds having been sold; and

      Whereas, The board of Mineral County commissioners, sitting as the town board for the said town of Mina, of Mineral County, Nevada, on June 20, 1944, unanimously resolved that the aforesaid agreement with Miller and Stoutenburg be confirmed and that the charge and cost of installing and constructing said auxiliary water system in the sum of thirteen thousand eight hundred three and 82/100 ($13,803.82) dollars be recognized as a fair, just, and proper charge, and that the same should be paid by the Mina water system fund of the town of Mina; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The county auditor of Mineral County is hereby authorized and directed to allow and issue a warrant therefor and the county treasurer thereof is authorized and directed to pay from the Mina water system funds of the town of Mina, the claim of Miller and Stoutenburg not exceeding, however, a total amount of thirteen thousand eight hundred three and 82/100 ($13,803.82) dollars, incurred by the board of Mineral County commissioners, sitting and acting as the town board of the town of Mina, in contracting for the construction and installation of an auxiliary water system for said town on or about June 1, 1943, without first having advertised said contract in some newspaper published in Mineral County before letting the same.

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

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County auditor of Mineral County authorized to satisfy claim of Miller and Stoutenburg

 

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 110ê

CHAPTER 73, AB 26

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Maternity hospital, maternity home or lying-in asylum defined

 

 

 

 

 

 

License to operate necessary

 

Qualifications for issuance of license

 

 

Who may be present at each birth

 

Duty of licensee within twenty-four hours after each birth

[Assembly Bill No. 62–Committee on Social Welfare]

 

Chap. 73–An Act to provide for the licensing, inspection, and regulation of maternity hospitals or maternity homes or lying-in asylums, by the state board of health, and to provide a penalty for the violation of the provisions of this act, and repealing all acts or parts of acts insofar as they may be inconsistent with the provisions hereof.

 

[Approved March 12, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  A house or other place maintained or conducted for the care and treatment of women during pregnancy, during delivery, or within ten days after delivery, for pay, and usually advertised for such work is a maternity hospital or maternity home or lying-in asylum within the meaning of this act. Any place in which such work is done, and within which women are treated during pregnancy, or during or after delivery, except women related to the owner of such place by blood or marriage, shall be known as a maternity hospital or maternity home or lying-in asylum.

      Sec. 2.  No person, association, or corporation shall hereafter maintain or conduct in this state any maternity hospital or maternity home or lying-in asylum where females are received, cared for, or treated during pregnancy, or during or after delivery, without first obtaining a license or permit therefor, in writing, from the state board of health, such permit or license to be granted for a period not exceeding one year.

      Sec. 3.  No such license shall be issued unless the medical staff of the home includes a license midwife, or one or more resident competent nurses, and one or more license doctors, and the premises are in a fit and sanitary condition, and the application has been approved by the state board of health.

      Sec. 4.  Every birth occurring in a maternity hospital or maternity home or lying-in asylum shall be attended by a legally qualified physician or a competent nurse or a licensed midwife.

      The licensee conducting such institution shall within twenty-four hours after a birth occurs therein in addition to the report required to be filed with the state registrar of vital statistics, make a report thereof to the local officer who is the local registrar, giving the sex of the child and such additional information, when obtainable, as the state board may require. The licensee shall immediately after a death in such place of a woman, or an infant born therein, notify the local health officer of the city or county in which such institution is located.


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

ê1945 Statutes of Nevada, Page 111 (Chapter 73, AB 26)ê

 

      Sec. 5.  The state board of health is hereby authorized to issue licenses or permits to persons or associations to conduct maternity hospitals or maternity homes or lying-in asylums, as provided in section one of this act, and to prescribe the conditions upon which such licenses or permits shall be granted, and to make such rules and regulations as it may deem best for the government and regulation of maternity hospitals or maternity homes or lying-in asylums, which shall include the following: Adequate financial backing to insure permanency, sanitary facilities, heating, air space, refrigeration, isolation facilities. Said board is further authorized, by one or more of its members, secretary, or duly authorized representative, to inspect and report upon the conditions prevailing in all such institutions.

      Sec. 6.  Any person who maintains or conducts, or assists in maintaining or conducting, as manager or officer, any maternity hospital or maternity home or lying-in asylum, without first having obtained a license or permit therefor in writing, as provided in section one of this act, shall be deemed guilty of a misdemeanor; and upon conviction thereof shall be punished by imprisonment in the county jail for not more than six months, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.

      Sec. 7.  Said license may be revoked by the Nevada state department of health upon the following grounds: 1.  Violation of any of the provisions of this act, or the laws of the State of Nevada, or any of the rules or regulations of the Nevada state board of health. 2.  False entry on the records required by this act to be kept.

      Sec. 8.  Such places as the above shall not engage in the business of child placing. Any child born in any maternity hospital or maternity home or lying-in asylum, who is ill, and whose father is unknown and whose mother is unable to care for such child, or any child who for any reason is left destitute of support, shall immediately be given into the custody of the Nevada state welfare department, which is the state agency responsible for the care of dependent and neglected children.

      Sec. 9.  All acts or parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed; provided, however, that this act shall not apply to hospitals established and maintained according to law; and provided further, that nothing herein contained shall be construed to restrict or diminish the authority and control heretofore and now exercised over children by the state welfare service.

      Sec. 10.  This act shall take effect immediately upon its passage and approval.

Duties of board of health regarding issuance of license

 

 

 

 

 

 

 

 

 

Failure to procure license misdemeanor

 

 

 

License may be revoked

 

 

 

Child placing to be under direction of state welfare department

 

 

 

 

Repeal

Proviso

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 112ê

CHAPTER 74, SB 97

 

 

 

 

 

 

 

 

 

 

 

Repeal of chap. 17, Stats. of 1943

 

 

In effect

[Senate Bill No. 79–Senator Schuman]

 

Chap. 74–An Act to repeal “An act to establish commissioner districts in the county of Mineral, and provide for the election therefrom of members of the board of county commissioners,” approved February 22, 1943.

 

[Approved March 13, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, being chapter 17 of the 1943 Statutes of Nevada, is hereby repealed in its entirety; provided, however, that this repeal shall not affect the term of office of those commissioners elected under the provisions of the act which is hereby repealed.

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

 

________

 

CHAPTER 75, SB 07

 

 

 

 

 

 

 

 

 

 

Superintendent of public instruction to employ additional clerk-typist

In effect

[Senate Bill No. 70–Committee on Education, State Library, and Public Morals]

 

Chap. 75–An Act to authorize the superintendent of public instruction to employ an additional clerk and fixing the salary therefor.

 

[Approved March 14, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The superintendent of public instruction is hereby authorized to employ an additional clerk-typist whose salary shall be two thousand seventy ($2,070) dollars per annum, payable out of the general fund in the same manner as salaries of other state employees are paid.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 113ê

CHAPTER 76, SB 92

[Senate Bill No. 29–Senator Duffin]

 

Chap. 76–An Act to amend 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, as amended.

 

[Approved March 14, 1945]

 

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 5585.05 Nevada Compiled Laws 1931-1941, as amended by chapter 81, 1943 Statutes of Nevada, is amended so as to read as follows:

      Section 5.  For the purpose of carrying out the provisions of this act and cooperating with the United States government, proportionately to the ratio between the acreage of privately owned lands lying within the State of Nevada and the area of the public domain contained therein, in the maintenance and development of the state parks of Nevada, there is hereby appropriated out of the general fund of the State of Nevada the sum of three thousand ($3,000) dollars to be used and expended by said commissioners for the biennium of 1945 and 1947.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation $3,000

 

 

In effect

 

________

 

CHAPTER 77, SB 55

[Senate Bill No. 55–Committee on Education, State Library, and Public Morals]

 

Chap. 77–An Act authorizing and directing the recodification of the laws relating to public schools, making an appropriation therefor, and other matters relating thereto.

 

[Approved March 14, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of recodifying the laws relating to public schools there is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise specifically appropriated, the sum of three thousand ($3,000) dollars to be paid out upon the order of the attorney-general of the State of Nevada, and allowed as other claims against the State of Nevada.

 

 

 

 

 

 

 

 

 

 

 

Appropriation for recodifying Nevada school laws

 

________

 

 


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

ê1945 Statutes of Nevada, Page 114 (Chapter 77, SB 55)ê

 

 

 

Recodification under direction of attorney-general

 

 

 

 

 

In effect

($3,000) dollars to be paid out upon the order of the attorney-general of the State of Nevada, and allowed as other claims against the State of Nevada.

      Sec. 2.  The said recodification shall be made under the direction and control of the attorney-general of this state who is hereby authorized to employ such additional legal and clerical help in his office, within the provisions of this act, as may be required to prepare such recodification. The said recodification shall be completed on or before January 1, 1947, at which time such recommendations, amendments, and additions to the existing law shall be proposed to the legislative session for the year 1947 as in the judgment of the attorney-general, the state board of education, and the state superintendent of public instruction shall be deemed necessary and proper.

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

 

________

 

CHAPTER 78, SB 46

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of superintendent and matron of orphans’ home

[Senate Bill No. 64–Senator Johnson]

 

Chap. 78–An Act to amend an act entitled “An act fixing the salary of the superintendent and matron of the state orphans’ home,” approved March 11, 1907, as amended March 27, 1919.

 

[Approved March 14, 1945]

 

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 7598 of the Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  From and after the first day of July, nineteen hundred and forty-five, the salary of the superintendent shall be three thousand ($3,000) dollars per annum and the salary of the matron of the state orphans’ home shall be two thousand ($2,000) dollars per annum.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 115ê

CHAPTER 79, SB 69

[Senate Bill No. 96–Senator Johnson]

 

Chap. 79–An Act concerning certain county offices and to consolidate certain county offices in the county of Ormsby, State of Nevada, fixing salaries and other compensation, and other matters properly relating thereto.

 

[Approved March 14, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The sheriff of Ormsby County, Nevada, as sheriff shall receive the sum of two thousand two hundred twenty dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for all official services rendered. All fees and commissions due and payable, charged, or received by him as such sheriff, shall be by him paid into the general fund of Ormsby County. He shall appoint such deputy sheriffs as he may from time to time deem necessary; provided, that the board of county commissioners shall fix the compensation of such deputies, which shall be paid out of the funds of Ormsby County.

      Sec. 2.  The county clerk of Ormsby County shall be ex officio county treasurer in and for said county and as such county clerk and ex officio county treasurer shall receive the sum of two thousand two hundred twenty dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for services as county clerk and ex officio county treasurer, shall be by him paid into the general fund of Ormsby County.

      Sec. 3.  The recorder of Ormsby County, Nevada, shall be ex officio auditor and ex officio public administrator in and for said county, and as such recorder and ex officio auditor shall receive the sum of two thousand two hundred twenty dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for services as recorder and ex officio auditor. All fees and commissions due and payable, charged, or received by him as such recorder and ex officio auditor, shall be by him paid into the general fund of Ormsby County. Said recorder, as ex officio public administrator of Ormsby County, shall be entitled to retain for his own use and benefit all fees and commissions received by him by reason of being public administrator and which are not a charge against said county.

      Sec. 4.  The district attorney of Ormsby County, Nevada, shall receive the sum of nineteen hundred twenty dollars per annum, payable monthly.

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff

 

 

 

 

 

 

 

 

Salary of clerk

 

 

 

 

 

Salary of recorder


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

ê1945 Statutes of Nevada, Page 116 (Chapter 79, SB 69)ê

 

 

 

Salary of district attorney

 

Salary of assessor

 

 

 

 

 

 

 

Salary of commissioners

 

 

 

 

 

 

 

Repeal

In effect

shall receive the sum of nineteen hundred twenty dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for services as district attorney. All fees and commissions due and payable, charged, or received by him as such officer, shall be by him paid into the general fund of Ormsby County.

      Sec. 5.  The county assessor of Ormsby County, Nevada, shall be ex officio constable of Carson township, Ormsby County, Nevada, and as such assessor and ex officio constable shall receive the sum of two thousand two hundred twenty dollars per annum, payable monthly. The said sum shall be paid out of the funds of Ormsby County and shall be in full compensation for services as assessor of Ormsby County and ex officio constable of Carson township, Ormsby County, Nevada. All fees and commissions due and payable, charged, or received by him as such assessor and ex officio constable, shall be by him paid into the general fund of Ormsby County.

      Sec. 6.  The county commissioners of Ormsby County, Nevada, shall each receive the sum of three hundred dollars per annum, payable monthly, out of the funds of Ormsby County; provided, that on and after the first Monday in January 1947, each of the said county commissioners of Ormsby County, Nevada, shall receive the sum of four hundred eighty dollars per annum, payable monthly, out of the funds of Ormsby County.

      Sec. 7.  All acts and parts of acts in conflict with the provisions of this act, and in particular that certain act entitled “An act concerning certain county officers in the county of Ormsby, State of Nevada, fixing their salaries and compensation, and other matters properly relating thereto,” approved March 18, 1931, are hereby repealed.

      Sec. 8.  This act sall be in full force and effect from and after its passage and approval.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 117ê

CHAPTER 80, SB 79

[Senate Bill No. 97–Senator Johnson]

 

Chap. 80–An Act providing for the appointment and compensation of deputies, clerks, and stenographers in certain county offices of Ormsby County, Nevada, and authorizing the board of county commissioners of said county to regulate the number and compensation of such deputies, clerks, and stenographers.

 

[Approved March 14, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county clerk of Ormsby County, Nevada, and ex officio clerk of the First judicial district court, is authorized to and shall appoint one or more deputy clerks, as may be found to be necessary by the county commissioners, who shall receive as salary such amount as may be fixed by the county commissioners but not less than one hundred fifty dollars per month. Where the business of the office may require, said county clerk shall appoint such number of clerks and stenographers as the board of county commissioners shall from time to time deem necessary.

      Sec. 2.  The county recorder of Ormsby County, Nevada, is authorized to appoint such number of clerks and stenographers as the board of county commissioners shall from time to time deem necessary.

      Sec. 3.  The county assessor of Ormsby County, Nevada, is authorized to appoint such number of clerks and stenographers as the board of county commissioners shall from time to time deem necessary.

      Sec. 4.  The district attorney of Ormsby County, Nevada, is authorized to appoint such number of clerks an stenographers as the board of county commissioners shall from time to time deem necessary.

      Sec. 5.  Clerks and stenographers appointed by the officers of Ormsby County, as in this act provided, shall be paid at a rate of not less than one hundred twenty-five dollars per month, and may be paid such additional amount per month as the board of county commissioners may from time to time direct.

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

 

 

 

 

 

 

 

 

 

 

 

 

County clerk may appoint deputies

 

 

 

 

 

County recorder to appoint clerks and stenographers

County assessor to appoint clerks and stenographers

District attorney to appoint clerks and stenographers

Salary of clerks and stenographers

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 118ê

CHAPTER 81, SB 35

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Superintendent of public instruction to appoint office deputy; salary

[Senate Bill No. 53–Committee on Education, State Library, and Public Morals]

 

Chap. 81–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, as amended.

 

[Approved March 14, 1945]

 

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 Nevada Compiled Laws 1929, as amended by chapter 153, Statutes of 1939, 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 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, and shall have the power to perform all duties now required by the superintendent of public instruction. The salary of such deputy shall be fixed by the state board of education in an amount not to exceed the sum of three thousand three hundred ($3,300) 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 funds as those of the superintendent of public instruction are paid.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 119ê

CHAPTER 82, SB 47

[Senate Bill No. 74–Committee on Labor]

 

Chap. 82–An Act to amend an act entitled “An act relating to the administration of the Nevada unemployment compensation division and the Nevada state employment service, and providing for the administration of the unemployment compensation law; creating the employment security department, the employment security council, the office of executive director and a board of review, and providing for other officers and employees; transferring certain funds, records, equipment, and employees to the employment security department; creating a merit examination board and providing for a merit system of personnel administration within the department; defining the powers and duties of all officers, commissions, boards, and employees of said department; repealing sections 10, 11, 12, and 18 of the unemployment compensation law; and other matters relating thereto,” approved March 20, 1941.

 

[Approved March 14, 1945]

 

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 is hereby amended to read as follows:

      Section 4.  (a) Duties and Powers of Executive Director.  It shall be the duty of the executive director to administer the Nevada unemployment compensation law as the same now exists or as it may hereafter be amended; and he shall have power and authority to adopt, amend, or rescind such rules and regulations, to employ, in accordance with the provisions of this act, such persons, make such expenditures, require such reports, make such investigations, and take such other action as he deems necessary or suitable to that end. Such rules and regulations shall be effective upon publication in the manner, not inconsistent with the provisions of this act, which the executive director shall prescribe. The executive director shall determine his own organization and methods of procedure in accordance with the provisions of this act and shall have an official seal which shall be judicially noticed. Not later than the first day of September of 1942, and of every second year thereafter, the executive director shall submit to the governor a report covering the administration and operation of this act during the preceding biennium and shall make such recommendations for amendments to this act as he deems proper. Such reports shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the executive director in accordance with accepted actuarial principles on the basis of statistics or employment business activity and other relevant factors for the longest possible period.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties and powers of executive director


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

ê1945 Statutes of Nevada, Page 120 (Chapter 82, SB 47)ê

 

 

 

 

Regulations and general and special rules

 

 

 

 

 

 

 

Administrative determinations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Executive director may hold hearings

which reserve shall be set up by the executive director in accordance with accepted actuarial principles on the basis of statistics or employment business activity and other relevant factors for the longest possible period.

      (b) (1) Regulations and General and Special Rules.  General and special rules may be adopted, amended, or rescinded by the executive director only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective ten days after filing with the secretary of state and publication in one or more newspapers of general circulation in this state. Special rules shall become effective ten days after notification to or mailing to the last known address of the individuals or concerns affected thereby. Regulations may be adopted, amended, or rescinded by the executive director and shall become effective in the manner and at the time prescribed by the executive director.

      (2) Administrative Determinations.  The executive director may, upon his own motion or upon application of an employing unit, and after notice and opportunity for hearing, make findings of fact and on the basis thereof, determinations with respect to whether an employing unit constitutes an employer and whether services performed for, or in connection with the business of an employing unit constitute employment for such employing unit. Appeal from any such determination may be taken to the appropriate district court within fifteen days after the mailing or delivery of notice of such findings and determination to the employing unit. If supported by substantial evidence and in the absence of fraud, a determination of the executive director, in the absence of an appeal, shall be conclusive as to all matters except as to errors of law, except as hereinafter provided, and, together with the record, shall be admissible in any subsequent judicial proceeding involving liability for contributions. A determination of the executive director which has not been appealed, or of a district court on appeal, together with the record, may be introduced in any proceeding involving a claim for benefits, and shall be conclusive as to the facts and the determination, unless the claimant shall introduce substantial evidence controverting a material fact so found.

      The executive director may likewise upon his own motion or upon application of an employer made within fifteen (15) days after notice of benefits charged to his experience rating record or of the establishment of his contribution rate, hold a hearing and make findings of fact, and on the basis thereof, determinations with respect to all matters pertinent to the establishment of a rate of contribution based upon experience; provided, however, no employer shall be permitted to contest under this subsection the chargeability of benefits based on a determination made pursuant to section 6 of the Nevada unemployment compensation law, except for the reason that services included in the determination were not performed for the employer or that there is error in the amount of wages included therein.


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

ê1945 Statutes of Nevada, Page 121 (Chapter 82, SB 47)ê

 

contest under this subsection the chargeability of benefits based on a determination made pursuant to section 6 of the Nevada unemployment compensation law, except for the reason that services included in the determination were not performed for the employer or that there is error in the amount of wages included therein. Appeal from any such determination may be taken to the appropriate district court within the same time and subject to the same conditions and effect as provided in the preceding paragraph.

      (c) Publication.  The executive director shall cause to be printed for distribution to the public, the text of this act and the unemployment compensation law, his regulations and general and special rules, his reports to the governor, and any other material he deems relevant and suitable and shall furnish the same to any person upon application therefor.

      (d) Personnel.  The executive director shall select all personnel either from the first three candidates on the eligible lists as in this act provided, or from the highest rating candidate within a radius of sixty miles of the place in which the duties of the position will be performed. The executive director is authoried to fix the compensation and prescribe the duties and powers of such personnel, including such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of the duties under this act, and may delegate to any such person such power and authority as he deems reasonable and proper for its effective administration. He may, in his discretion, bond any person handling moneys or signing checks thereunder. The executive director shall classify positions under this act and shall establish salary schedules and minimum personnel standards for the positions so classified. He shall devise and establish fair and reasonable regulations governing promotions, demotions, and terminations for cause in accordance with such established personnel practices as will tend to promote the morale and welfare of the organization.

      (e) (1) Records and Reports.  Each employing unit shall keep true and accurate work records, containing such information as the executive director may prescribe. Such records shall be open to inspection and be subject to being copied by the executive director or his authorized representatives at any reasonable time and as often as may be necessary. The executive director, the board of review, or any appeal tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or the review board deems necessary for the effective administration of this act. The executive director may destroy any form, benefit determination or redetermination, employer’s status or contribution report, wage slip report, or letter of the unemployment compensation service or employment service at the expiration of five years after such record was originated or filed with such service; provided, that this section shall not apply to records pertaining to grants, accounts, or expenditures for administration, or to the records of the unemployment compensation administration fund.

 

 

 

 

 

 

 

Publication

 

 

 

 

Personnel

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Records and reports


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

ê1945 Statutes of Nevada, Page 122 (Chapter 82, SB 47)ê

 

 

 

 

 

Disclosure of information

service or employment service at the expiration of five years after such record was originated or filed with such service; provided, that this section shall not apply to records pertaining to grants, accounts, or expenditures for administration, or to the records of the unemployment compensation administration fund.

      (2) Disclosure of Information.  Except as hereinafter otherwise provided, information obtained from any employing unit or individual pursuant to the administration of this act or the unemployment compensation law, and determination as to the benefit rights of any individual shall be held confidential and shall not be disclosed or be open to public inspection in any manner revealing the individual’s or employing unit’s identity. Any claimant (or his legal representative) shall be supplied with information from the records of the department, to the extent necessary for the proper presentation of his claim in any proceeding under this act or the unemployment compensation law with respect thereto. Subject to such restrictions as the executive director may by regulation prescribe, such information may be made available to any agency of this or any other state, or any federal agency, charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, or the bureau of internal revenue of the United States department of the treasury, and information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service. Upon request therefor the executive director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient’s rights to further benefits under the unemployment compensation law. The executive director may request the comptroller of the currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this act or of the unemployment compensation law, and may in connection with such request transmit any such report or return to the comptroller of the currency of the United States as provided in section 1606(c) of the federal internal revenue code. If any employee or member of the board of review or the executive director or any employee of the executive director, in violation of these provisions, makes any disclosure of information obtained from any employing unit or individual in the administration of this act, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits, under this act, shall use or permit the use of such list for any political purpose, he shall be fined not less than $20 nor more than $200, or imprisoned for not longer than ninety days, or both.


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

ê1945 Statutes of Nevada, Page 123 (Chapter 82, SB 47)ê

 

from any employing unit or individual in the administration of this act, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits, under this act, shall use or permit the use of such list for any political purpose, he shall be fined not less than $20 nor more than $200, or imprisoned for not longer than ninety days, or both.

      (f) Oaths and Witnesses.  In the discharge of the duties imposed by this act, the executive director, the chairman of an appeal tribunal created by the unemployment compensation law, the members of the board of review, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with an appealed claim or the administration of this act.

      (g) Subpenas.  In case of contumacy by, or refusal to obey a subpena issued to any person, any district court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the executive director, the board of review, an appeal tribunal, or any duly authorized representative of any of them shall have jurisdiction to issue to such person an order requiring such person to appear before the executive director, the board of review, an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by said court as a contempt thereof. Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in his power so to do, in obedience to a subpena of the executive director, to the board of review, an appeal tribunal, or any duly authorized representative of any them, shall be punished by a fine of not less than $200 or by imprisonment for not longer than sixty days, or by both such fine and imprisonment, and each day such violation continues shall be deemed to be a separate offense.

      (h) Protection Against Self-Incrimination.  No persons shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the executive director, the board of review, an appeal tribunal, or any duly authorized representative of any of them, or in obedience to the subpena of any of them in any cause or proceeding before the executive director, the board of review, or an appeal tribunal, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture, for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

 

 

 

 

 

Oaths and witnesses

 

 

 

 

 

 

 

Subpenas

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Protection against self-incrimination


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

ê1945 Statutes of Nevada, Page 124 (Chapter 82, SB 47)ê

 

 

 

 

 

 

 

 

 

 

State-federal cooperation

 

 

 

 

 

 

 

 

 

 

 

 

Selection of personnel

of them, or in obedience to the subpena of any of them in any cause or proceeding before the executive director, the board of review, or an appeal tribunal, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture, for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

      (i) State-Federal Cooperation.  In the administration of this act the executive director shall cooperate to the fullest extent consistent with the provisions of this act, with the social security board, created by the social security act, approved August 14, 1935, as amended; shall make such reports, in such form and containing such information as the social security board may from time to time require, and shall comply with such provisions as the social security board may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations prescribed by the social security board governing the expenditures of such sums as may be allotted and paid to this state under title III of the social security act for the purpose of assisting in the administration of this act. The executive director is also authorized and directed to apply for an advance to the state unemployment fund and to accept such advance in accordance with the conditions specified in title XII of the social security act, as amended.

      Sec. 2.  Section 5 of the above-entitled act is hereby amended to read as follows:

      Section 5.  Selection of Personnel.  For the purpose of insuring the impartial selection of personnel on the basis of merit, the executive director shall fill all positions in the employment security department, except the post of executive director, from registers prepared by the state merit system under the state merit board, in conformity with such rules, regulations, and classification and compensation plans relating to the selection of personnel as may from time to time be adopted or prescribed by the executive director for said employment security department.

      Sec. 3.  Section 9 of the above-entitled act is hereby amended to read as follows:

      Section 9.  Reciprocal Arrangements.  (a) The executive director is hereby authorized to enter into reciprocal arrangements with the appropriate and duly authorized agencies of other states, or the federal government, or both, whereby:

 


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

ê1945 Statutes of Nevada, Page 125 (Chapter 82, SB 47)ê

 

other states, or the federal government, or both, whereby:

      (1) Services performed by an individual for a single employing unit for which services are customarily performed by such individual in more than one state, under circumstances not specifically provided for in section 2.9 of the Nevada unemployment compensation law, shall be deemed to be service performed entirely within any one of the states in which any part of such individual’s service is performed, or in which such individual has his residence, or in which the employing unit maintains a place of business, provided there is in effect, as to such services, an election by an employing unit with the acquiescence of such individual, approved by the agency charged with the administration of such state’s unemployment compensation law, pursuant to which services performed by such individual for such employing unit are deemed to be performed entirely within such state;

      (2) Potential rights to benefits accumulated under the unemployment compensation laws of one or more states or under one or more such laws of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the executive director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the unemployment compensation fund;

      (3) Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of another state or of the federal government, shall be deemed to be wages for the purpose of determining his rights to benefits under the Nevada unemployment compensation law, and wages on the basis of which an individual may become entitled to benefits under said law shall be deemed to be wages for services on the basis of which unemployment compensation is payable under such law of another state or of the federal government, but no such arrangement shall be entered into unless it contains provisions for reimbursements to the unemployment compensation fund for such of the benefits paid under this act and the Nevada unemployment compensation law upon the basis of such wages or services, and provisions for reimbursements from the unemployment compensation fund for such of the compensation paid under such other law upon the basis of wages, as the executive director finds will be fair and reasonable as to all affected interests; and

      (4) Contributions due under the Nevada unemployment compensation law with respect to wages shall for the purposes of section 14 of the Nevada unemployment compensation law be deemed to have been paid to the unemployment compensation fund as of the date payment was made as contributions therefor under another state or federal unemployment compensation law, but no such arrangement shall be entered into unless it contains provisions for such reimbursement to the unemployment compensation fund of such contributions as the executive director finds will be fair and reasonable as to all affected interests.

Reciprocal arrangements


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

ê1945 Statutes of Nevada, Page 126 (Chapter 82, SB 47)ê

 

Reciprocal arrangements

 

 

 

 

 

 

 

 

 

 

In effect

compensation fund as of the date payment was made as contributions therefor under another state or federal unemployment compensation law, but no such arrangement shall be entered into unless it contains provisions for such reimbursement to the unemployment compensation fund of such contributions as the executive director finds will be fair and reasonable as to all affected interests.

      (b) Reimbursements paid from the unemployment compensation fund pursuant to paragraph (3) of subsection (a) of this section shall be deemed to be benefits for the purposes of the Nevada unemployment compensation law. The executive director is authorized to make to other state or federal agencies and to receive from such other state or federal agencies, reimbursements from or to the unemployment compensation fund, in accordance with arrangements entered into pursuant to subsection (a) of this section.

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

 

________

 

CHAPTER 83, AB 92

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty of state health officer

 

Repeal

In effect

[Assembly Bill No. 29–Mr. Capurro]

 

Chap. 83–An Act to amend an act entitled “An act regulating the sale of used bedding and other material, designating the agency for the enforcement hereof, defining the duties of certain persons in relation hereto, providing a penalty for the violation hereof, and other matters properly relating thereto,” approved March 21, 1935.

 

[Approved March 14, 1945]

 

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 5314.03 N. C. L. of 1929, Supplement 1931-1941, is hereby amended to read as follows:

      Section 3.  It shall be the duty of the state health officer and his duly authorized agents to enforce all the provisions of this act and the rules, regulations, method, and process authorized by this act.

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

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 127ê

CHAPTER 84, SB 44

[Senate Bill No. 44–Senator Tognoni]

 

Chap. 84–An Act to describe, define, and officially adopt a system of coordinates for designating and stating the positions of points on the surface of the earth within the State of Nevada.

 

[Approved March 15, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The system of plane coordinates which has been established by the United States coast and geodetic survey for defining and stating the positions or locations of points on the surface of the earth within the State of Nevada is hereafter to be known and designated as the “Nevada Coordinate System.”

      For the purpose of the use of this system the state is divided into an “East Zone,” a “Central Zone,” and a “West Zone.”

      The area now included in the following counties shall constitute the east zone: Clark, Elko, Eureka, Lincoln, and White Pine.

      The area now included in the following counties shall constitute the central zone: Lander and Nye.

      The area now included in the following counties shall constitute the west zone: Churchill, Douglas, Esmeralda, Humboldt, Lyon, Mineral, Ormsby, Pershing, Storey, and Washoe.

      Sec. 2.  As established for use in the east zone, the Nevada coordinate system shall be named, and in any land description in which it is used, it shall be designated, the “Nevada Coordinate System, East Zone.”

      As established for use in the central zone, the Nevada coordinate system shall be named, and in any land description in which it is used shall be designated, the “Nevada Coordinate System, Central Zone.”

      As established for use in the west zone, the Nevada coordinate system shall be named, and in any land description in which it is used shall be designated, the “Nevada Coordinate System, West Zone.”

      Sec. 3.  The plane coordinates of a point on the earth’s surface, to be used in expressing the position or location of such point in the appropriate zone of this system, shall consist of two distances, expressed in feet and decimals of a foot. One of these distances, to be known as the “x-coordinate,” shall give the position in an east-and-west direction; the other, to be known as the “y-coordinate,” shall give the position in a north-south direction. These coordinates shall be made to depend upon and conform to the coordinates, on the Nevada coordinate system, of the triangulation and traverse stations of the United States coast and geodetic survey within the State of Nevada, as those coordinates have been determined by said survey.

 

 

 

 

 

 

 

 

 

 

 

Nevada plane coordinate system defined

 

State divided into three zones

East zone

 

Central zone

 

West zone

 

 

Establishment of east zone

 

Establishment of central zone

 

Establishment of west zone

 

Plane coordinates defined


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

ê1945 Statutes of Nevada, Page 128 (Chapter 84, SB 44)ê

 

 

 

Reference may be made to either zone

 

U. S. coast and geodetic survey definition of coordinate system

the State of Nevada, as those coordinates have been determined by said survey.

      Sec. 4.  When any tract of land to be defined by a single description extends from one into another of the above coordinate zones, the positions of all points on its boundaries may be referred to either of such zones, the zone which is used being specifically named in the description.

      Sec. 5.  (a) For purposes of more precisely defining the Nevada coordinate system, the following definition by the United States coast and geodetic survey is adopted:

      The Nevada coordinate system, east zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 115° 35′ west of Greenwich, on which the meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 115° 35′ west of Greenwich and the parallel 34° 45′ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

      The Nevada coordinate system, central zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 116° 40′ west of Greenwich, on which the meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 116° 40′ west of Greenwich and the parallel 34° 45′ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

      The Nevada coordinate system, west zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 118° 35′ west of Greenwich, on which meridian the scale is set at one part in 10,000 too small. The origin of coordinates is at the intersection of the meridian 118° 35′ west of Greenwich and the parallel 34° 45′ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

      (b) The position of the Nevada coordinate system shall be as marked on the ground by triangulation or traverse stations established in conformity with standards adopted by the United States coast and geodetic survey for first-order and second-order work, whose geodetic positions have been rigidly adjusted on the North American datum of 1927, and whose coordinates have been computed on the system herein defined. Any such station may be used for establishing a survey connection with the Nevada coordinate system.

      Sec. 6.  No coordinate based on the Nevada coordinate system, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within one-half mile of a triangulation or traverse station established in conformity with the standards prescribed in section 5 of this act; provided, that said one-half mile limitation may be modified by a duly authorized state agency to meet local conditions.


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

ê1945 Statutes of Nevada, Page 129 (Chapter 84, SB 44)ê

 

act; provided, that said one-half mile limitation may be modified by a duly authorized state agency to meet local conditions.

      Sec. 7.  The use of the term “Nevada Coordinate System” on any map, report of survey, or other document, shall be limited to coordinates based on the Nevada coordinate system as defined in this act.

      Sec. 8.  Whenever coordinates based on the Nevada coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line, or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plats and field notes filed of record, and in the event of any conflict the description by reference to the subdivision, line, or corner of the United States public land surveys shall prevail over the description by coordinates.

      Sec. 9.  Nothing contained in this act shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Nevada coordinate system.

      Sec. 10.  If any provision of this act shall be declared invalid, such invalidity shall not affect any other portion of this act which can be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.

      Sec. 11.  This act is to take effect July 1, 1945.

 

 

Term “Nevada Coordinate System” limited

 

 

When U. S. public land surveys prevail

 

 

 

 

Exemption

 

 

Invalidity clause

 

 

 

In effect

 

________

 

CHAPTER 85, AB 63

[Assembly Bill No. 36–Elko County Delegation]

 

Chap. 85–An Act to amend an act entitled “An act relating to the support of the poor,” approved November 29, 1861, as amended.

 

[Approved March 15, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 10 of the above-entitled act, being section 5146 N. C. L. 1929, is hereby amended to read as follows:

      Section 10.  The board of county commissioners of any county in this state may, if they think proper, cause to be built or provide in their respective counties workhouses for the accommodation or employment of such indigents as may, from time to time, become a county charge, and such workhouse and indigents shall be under such rules and regulations as said board of county commissioners may deem proper and just; and said board of county commissioners may, if they think proper, purchase a suitable tract of land not to exceed eighty acres in extent, within four miles of said workhouse, or any county hospital heretofore or hereafter established, or any home for the indigent poor or sick heretofore or hereafter established, for a county aged home; and said board of county commissioners are hereby authorized to pay for the purchase of said county aged home out of the general fund of the county.

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners may provide workhouses


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

ê1945 Statutes of Nevada, Page 130 (Chapter 85, AB 63)ê

 

 

 

 

 

 

 

 

Repeal

In effect

just; and said board of county commissioners may, if they think proper, purchase a suitable tract of land not to exceed eighty acres in extent, within four miles of said workhouse, or any county hospital heretofore or hereafter established, or any home for the indigent poor or sick heretofore or hereafter established, for a county aged home; and said board of county commissioners are hereby authorized to pay for the purchase of said county aged home out of the general fund of the county.

      Sec. 2.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

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

 

________

 

CHAPTER 86, AB 021

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title of act amended

[Assembly Bill No. 120–Mr. Thompson]

 

Chap. 86–An Act to amend “An act to create a state board of health, defining their duties, prescribing the manner of the appointment 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, as amended.

 

[Approved March 15, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The title of the above-entitled act approved March 27, 1911, together with acts amendatory thereof or supplemental thereto, is hereby further amended to read as follows:

      An Act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, providing for the impartial selection of personnel on the basis of merit, 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.

      Sec. 2.  Section 5 of the above-entitled act, as amended, being section 5239, 1929 N. C. L., 1941 Supp., is hereby further 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.


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

ê1945 Statutes of Nevada, Page 131 (Chapter 86, AB 021)ê

 

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.

      For the purpose of insuring the impartial selection of personnel on the basis of merit the state board of health is hereby authorized to fill all positions in the state health department with the exceptions of the positions of state health officer and professional persons employed for part-time duties from registers prepared by the state merit board.

      Sec. 3.  All acts or parts of acts, insofar as they are inconsistent with the provisions of this act, are hereby repealed.

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

Duties of state health officer

 

 

 

 

 

 

 

 

 

 

 

Merit system authorized; exceptions

 

 

 

Repeal

In effect

 

________

 

CHAPTER 87, AB 141

[Assembly Bill No. 141–Elko County Delegation]

 

Chap. 87–An Act to amend “An act to incorporate the town of Elko, in Elko County, and defining the boundaries thereof, and to authorize the establishing of a city government therefor, and other matters relating thereto,” approved March 14, 1917.

 

[Approved March 15, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 30 of the above-entitled act is hereby amended by adding after subsection 63 a new subsection No. 63 1/2 reading as follows:

      63 1/2.  To adopt a building code regulating the construction, erection, enlargement, raising, alteration, repair, removal, maintenance, use, and height of buildings, including all plumbing and electric wiring therein and connected therewith, regulating the character and use of material in and for buildings, the nature and extent of occupancy of lots by proposed buildings, the restriction of building lines with reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zones, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction, and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said board of supervisors if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsections 61, 62, and 63 of said section 30 of chapter 2 of said act: provided, however, that said building code may be adopted by resolution of said board of supervisors and thereafter amended, changed, enlarged, or extend by resolution of said board, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person, and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said board shall cause a brief notice of such adoption to be published at least once in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said board of supervisors requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described be reference thereto and without publication thereof.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

May adopt building code


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

ê1945 Statutes of Nevada, Page 132 (Chapter 87, AB 141)ê

 

 

May adopt building code

 

 

 

 

 

 

Provisos

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

reference to the lines of streets and alleys and with reference to adjoining lots, and providing for the application of said building code, or parts thereof, to buildings in different zones within said city, and establishing or modifying such building zones, and requiring the filing of an application for a building permit for such purposes, which application may be required to disclose in such detail and upon such forms as may be prescribed the full and complete plans of construction, and which application shall be subject to approval or rejection or limited or provisional approval in the discretion of said board of supervisors if not fully complying with said building code, and providing in greater detail each, any, or all of the matters and things described in subsections 61, 62, and 63 of said section 30 of chapter 2 of said act: provided, however, that said building code may be adopted by resolution of said board of supervisors and thereafter amended, changed, enlarged, or extend by resolution of said board, at any regular or special meeting thereof and without the necessity of passing or adopting an ordinance for said purpose; provided, that the original building code thus adopted and all amendments thereof be kept on file in the office of the city clerk subject to examination by any interested person, and that additional copies be kept available for the use of interested parties upon payment of the reasonable cost of preparing the same; and provided further, that within thirty (30) days after the adoption of said building code by such resolution, said board shall cause a brief notice of such adoption to be published at least once in a newspaper printed and published in said city; and provided further, that in any ordinance that may be adopted by said board of supervisors requiring compliance with said building code and/or making the violation thereof unlawful and/or fixing penalties for such violation or any way relating thereto, such code may be described be reference thereto and without publication thereof.

      Sec. 2.  All acts and parts of acts, and particularly all parts of said act to incorporate the town of Elko approved March 14, 1917, in conflict herewith are hereby repealed to the extent of such confliction.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 133ê

CHAPTER 88, AB 051

[Assembly Bill No. 150–Committee on Livestock]

 

Chap. 88–An Act providing for the creation of woolgrowers’ county predatory animal control committees and fixing their duties and powers; providing for cooperation between such committees and the fish and wild life service of the federal government incident to predatory animal control; providing for certain powers and duties on the part of the Nevada state board of sheep commissioners and the tax levying and collecting officials of the counties concerned incident thereto, and other matters relating thereto.

 

[Approved March 15, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Whenever the Nevada state board of sheep commissioners, hereinafter called the board, has determined that either a majority of the sheep owners, or owners representing two-thirds or more of the sheep assessed for the preceding tax year in any county or group of counties, as the case may be, in Nevada, is or are of record in favor thereof, it is hereby authorized and empowered to establish a woolgrowers’ predatory animal control district covering the county or group of counties concerned; provided, that notice of such intention shall be given by the said board by mail to each sheep owner listed on the tax assessment rolls of the county or counties concerned for the preceding tax year, as such lists are supplied by the assessor or assessors concerned, at least fifteen days prior to the establishment of any such district.

      Sec. 2.  Upon the establishment of such a district, the said board shall appoint, for terms not exceeding three years each, a committee of three representative owners and operators of sheep within the said county or counties, which committee shall be known as the woolgrowers’ predatory animal control committee of the respective county or counties as the case may be, hereinafter called the committee or committees. Vacancies in the membership of the committees shall be filled by the said board and each committeeman appointed and qualified shall serve until his successor has been duly appointed and qualified; provided, that whenever the board determines that any such district no longer is desired by a majority of the sheep owners, or owners of two-thirds of the sheep assessed therein for the preceding tax year, it shall have the power to disband any such district, by notice thereof to the committee concerned. In such an event, the board, with the advice of the committee concerned, shall determine the disposition of any balance remaining in the fund of any such district.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Woolgrowers’ predatory animal control district, when organized

 

 

Each district to be represented by three members

 

 

 

 

Proviso


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

ê1945 Statutes of Nevada, Page 134 (Chapter 88, AB 051)ê

 

 

Organization and rules of procedure

 

 

Board authorized to make special levy

 

 

 

 

 

 

Levy to be deposited with state treasurer

 

 

Committee to cooperate with federal fish and wild life service

 

 

 

 

 

 

When funds available for withdrawal

 

 

 

Fish and wild life service to list expenditures

      Sec. 3.  When such a district has been established and its committee appointed and qualified, the committee shall meet and organize, adopting its rules of procedure for carrying out the provisions of this act, which rules shall be submitted forthwith to the board.

      Sec. 4.  Upon its approval of the said rules, and at the written request of any such committee, the board is hereby authorized and empowered to make an annual special levy of not to exceed the equivalent of the cents per head on all sheep, rams, and goats assessed by the taxing authorities of the county or counties concerned for the year concerned, to be levied and collected as are other property taxes by the tax levying and tax collecting authorities of the county or counties concerned in the case of each sheep, ram, and goat assessed on the rolls of the county or counties concerned for the tax year following receipt of notice of the said special levy from the said board by the said county tax levying authorities.

      As collected, the said special levy shall be deposited by the proper county official with the state treasurer in a special fund to be known as the “Woolgrowers’ Predatory Animal Control Fund” of the respective county or counties, as the case may be, which special fund shall be held by the state treasurer subject to orders of the said board.

      Sec. 5.  Each said committee is hereby authorized to draw up an annual cooperative agreement with the federal fish and wild life service for the control by that service of predatory animals within its district, it being declared hereby to be the purpose of this act that the said control shall be exercised in such manner as to most effectively and efficiently prevent losses of sheep and goats for the owners thereof over the district concerned as a whole. No such agreement shall be effective for any sum in excess of the amount available in the funds of the district concerned for the year concerned.

      Following its approval of any such cooperative agreement, the board shall draw, in the manner usual in the case of such funds and as called for by the terms of the said cooperative agreement, upon the said fund of the district concerned, and, with approval of the state board of examiners, the sum so drawn upon shall be made available from the fund concerned by the proper authorities of the state in the amounts and for the purposes so approved.

      Sec. 6.  The said fish and wild life service, in the case of any such funds made available hereby and disbursed by it, shall furnish at the end of each year concerned to the committee concerned, and the board, detailed statements of its expenditures therefrom and the results accomplished thereby.


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

ê1945 Statutes of Nevada, Page 135 (Chapter 88, AB 051)ê

 

      Sec. 7.  The proceeds from disposal by said service of any furs secured through the use of any such funds and any contributions which may be made thereto shall be deposited with the said board, which shall in turn deposit the same with the state treasurer to the credit of the predatory animal control fund of the district concerned. All such proceeds and contributions shall become a part of the fund concerned and subject to the provisions of this act relating to such fund.

      Sec. 8.  Any expenses necessary on the part of the board in carrying out the provisions of this act shall be payable from its sheep inspection fund.

      Sec. 9.  All acts and parts of acts insofar as the provisions thereof are inconsistent with the provisions of this act are hereby repealed.

      Sec. 10.  This act shall be effective upon its passage and approval.

Proceeds from sale of furs and contributions to be deposited with state treasurer

 

 

Expenses, how paid

 

 

Repeal

In effect

 

________

 

CHAPTER 89, AB 761

[Assembly Bill No. 167–Churchill County Delegation]

 

Chap. 89–An Act authorizing and directing the county treasurer of Churchill County to transfer certain funds in the general fund and telephone fund of said county to the Churchill County courthouse, jail, and telephone building fund, and other matters relating thereto.

 

[Approved March 15, 1945]

 

      Whereas, There is a surplus of twenty thousand ($20,000) dollars or more in the general fund of Churchill County; and

      Whereas, There is a surplus of five thousand ($5,000) dollars or more in the telephone fund of Churchill County; and

      Whereas, Churchill County is in great need of a new courthouse building, a new jail building, and a new telephone building; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The county treasurer of Churchill County is hereby authorized and directed to transfer in the Churchill County courthouse, jail, and telephone building fund, which is now or may hereafter be created, the sum of twenty thousand ($20,000) dollars from the Churchill County general fund, and the sum of five thousand ($5,000) dollars from the Churchill County telephone fund.

      Sec. 2.  All acts and parts of acts insofar as they may be inconsistent with the provisions of this act are hereby repealed.

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

County treasurer to transfer funds

 

 

 

Repeal


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

ê1945 Statutes of Nevada, Page 136 (Chapter 89, AB 761)ê

 

 

In effect

inconsistent with the provisions of this act are hereby repealed.

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

 

________

 

CHAPTER 90, AB 711

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definition of chiropractic

 

 

 

 

 

Repeal

In effect

[Assembly Bill No. 117–Churchill County Delegation]

 

Chap. 90–An Act to amend “An act to create a board of chiropractic examiners and to regulate the practice of chiropractic and to provide penalties for violation of this act, and to prohibit the practice of any other mode or system under the name of chiropractic,” approved February 19, 1923, 20.

 

[Approved March 16, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 5 of above-entitled act, being section 1084 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  Chiropractic is defined to be the science of palpating and adjusting the articulations of the human spinal column by hand only. This definition is inclusive, and any and all other methods are hereby declared not to be chiropractic; provided, nothing herein contained shall be construed to prohibit the use by any licensed chiropractor of all necessary electrical, mechanical and hygienic and sanitary measures incident to the care of the body.

      Sec. 2.  All acts and parts of acts insofar as the provisions thereof are 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.

 

________

 

CHAPTER 91, SB 351

 

 

 

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 153–Committee on Ways and Means]

 

Chap. 91–An Act to provide information, advice and assistance respecting the needs and functions of the offices, departments, institutions, and agencies of government of the State of Nevada; providing for a legislative counsel; defining his duties and making an appropriation to carry out the purposes thereof, and other matters relating thereto.

 

[Approved March 15, 1945]

 

      Whereas, At each biennial session of the legislature, that body is confronted by requests for legislation expanding and changing the functions of and increasing the appropriations for numerous offices, departments, institutions and agencies of the state government; and

 


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

ê1945 Statutes of Nevada, Page 137 (Chapter 91, SB 351)ê

 

changing the functions of and increasing the appropriations for numerous offices, departments, institutions and agencies of the state government; and

      Whereas, Notwithstanding the information provided by the messages and budget of the governor and the reports of public officers, it is impossible for the legislature or its committees to secure sufficient information to act advisedly on such requests in the time limited for it sessions; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Immediately after the passage and approval of this act the senate of the legislature shall, by resolution, designate one of its members as one appointee, and the assembly of the legislature shall, by resolution, designate one of its members as an appointee, to be a member of the legislative counsel bureau of three hereafter mentioned. The governor shall be the third member and shall be chairman of the bureau. Not more than two of said bureau shall belong to the same political party. The members shall serve without salary or compensation until the close of the succeeding session of the legislature and during that session and succeeding sessions their successors shall be designated and appointed, and the governor shall remain a member and chairman in like manner as in the case of the first bureau.

      Sec. 2.  So soon as possible after their appointment the members of the legislative counsel bureau shall appoint a person of skill and training in the art of government and in governmental finance as legislative counsel to serve as such during the pleasure of the board, but not beyond the term of office of the members of each respective bureau. Such legislative counsel shall receive a salary of four hundred dollars ($400) per month. He shall be provided with an office as in the case of state officers and he shall have authority to employ necessary clerical help and assistance.

      Sec. 3.  It shall be the duty of the legislative counsel to make a general survey of all offices, departments, institutions, and agencies of the state government with particular attention to their respective functions, staff, and needs for money. Such survey shall embrace such details over a period of the preceding five years, for comparison, including a notation of progressive changes in function including increases, consolidations, and divisions of duties or objectives. Such survey shall indicate the method of providing moneys for use in particular cases whether by appropriation, sale of bonds or otherwise, tax levies or other means.

      In addition to such survey the legislative counsel shall assemble such records, statistics, and facts from reports and public records and by particular inquiry and inspection at the various offices, institutions, and departments of the state so as to enable him to supply the legislature on request with all available information respecting the object and effect of proposed legislation.

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Legislative council bureau credited

 

 

 

 

 

 

Qualifications and salary of appointee

 

 

 

 

Duties of appointee


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

ê1945 Statutes of Nevada, Page 138 (Chapter 91, SB 351)ê

 

Additional duties of appointee

 

 

 

 

 

 

 

 

 

 

 

Duties of various officers, boards and commissions

 

 

Appropriation

 

 

 

 

Repeal

In effect

assemble such records, statistics, and facts from reports and public records and by particular inquiry and inspection at the various offices, institutions, and departments of the state so as to enable him to supply the legislature on request with all available information respecting the object and effect of proposed legislation. It shall be the further duty of the legislative counsel on request from the governor or the legislature to give his opinion, supported by available facts and statistics, and in the light of modern legislative, governmental, and economic progress in the United States, as to the desirability of proposed legislation, from the standpoint of convenient and adequate administration and relative cost, and to make suggestions for changes in or substitutes for proposed legislation. He shall also give like advice on request respecting legislation to improve the existing system or systems of state government in respect of administration and finances, and may accompany such advice with drafts of bills to attain such objectives.

      Sec. 4.  It shall be the duty of all officers, departments, institutions, and agencies of the state government to exhibit or make available for the inspection of the legislative counsel all books, papers, and records of a public nature under their control, necessary or convenient to the proper discharge of his duties under this act, on his request of that officer or any clerk or inspector in his office.

      Sec. 5.  There is hereby appropriated for the purposes of this act the sum of twenty thousand dollars ($20,000) out of any moneys in the state treasury not otherwise appropriated to be paid out on claims as other claims against the state are paid.

      Sec. 6.  All acts and parts of acts insofar as they may be in conflict with the provisions of this act are hereby repealed.

      Sec. 7.  This act shall take effect immediately after its passage and approval.

 

________

 

CHAPTER 92, AB 291

 

[Assembly Bill No. 192–Mr. Munk]

 

Chap. 92–An Act concerning certain county officers of the county of Pershing, State of Nevada, providing for their compensation, and other matters properly relating thereto.

 

[Approved March 20, 1945]

 

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, the officers of Pershing County, Nevada, and their deputies shall receive the following salaries and compensations which shall be full compensation for all services rendered.


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

ê1945 Statutes of Nevada, Page 139 (Chapter 92, AB 291)ê

 

deputies shall receive the following salaries and compensations which shall be full compensation for all services rendered.

      The county commissioners shall each receive a salary of one thousand eighty dollars ($1,080) per annum, and mileage; the county clerk, as such and as ex officio county treasurer, shall receive a salary of three thousand ($3,000) dollars per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed twenty-one hundred ($2,100) dollars per annum; the sheriff of said county shall receive three thousand ($3,000) dollars per annum, and he shall be allowed to appoint, by and with the approval of the county commissioners, one deputy who shall receive a salary of not to exceed eighteen hundred ($1,800) dollars per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five ($5) dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only; the assessor shall receive a salary of three thousand ($3,000) dollars per annum, and by and with the approval of the board of county commissioners he may appoint a deputy whose salary shall be not to exceed eighteen hundred ($1,800) dollars per annum,; the county recorder as such and ex officio auditor, shall receive a salary of three thousand ($3,000) dollars per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy, with compensation not to exceed twenty-one hundred ($2,100) dollars per annum; the district attorney shall receive twenty-four hundred ($2,400) dollars per annum which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, their compensation to be fixed and approved by the county commissioners, and not to exceed fifteen hundred ($1,500) dollars per annum, to be paid in like manner as other county officers are paid.

      The board of county commissioners of Pershing County is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies and additional clerks and assistants as they may from time to time authorize in the offices of the county clerk and treasurer, county recorder and auditor, sheriff, assessor, and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.

 

 

Salaries of officers and deputies

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of county commissioners


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

ê1945 Statutes of Nevada, Page 140 (Chapter 92, AB 291)ê

 

In effect

 

 

Repeal

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

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

 

________

 

CHAPTER 93, SB 23

 

 

 

 

 

 

 

 

 

 

 

 

State treasurer to appoint chief clerk; appropriation

 

 

 

 

In effect

[Senate Bill No. 32–Senator Johnson]

 

Chap. 93–An Act creating the office of chief clerk in the office of the state treasurer of the State of Nevada, authorizing the state treasurer to designate one of the authorized employees of that office as chief clerk, providing for the salary of such chief clerk, and providing an appropriation therefor.

 

[Approved March 20, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby created in the office of the state treasurer of the State of Nevada, the office of chief clerk. The state treasurer is hereby authorized to designate one of his authorized employees as such chief clerk at a salary of not to exceed twenty-four hundred ($2,400) dollars per annum, payable in twenty-four equal installments, and there is hereby appropriated for the above purpose, out of the general fund of the State of Nevada, or out of any funds not otherwise appropriated, the sum of one hundred ten ($110) dollars for the biennium ending June 30, 1945.

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

 

________

 

CHAPTER 94, SB 59

 

[Senate Bill No. 95–Senator Cowles]

 

Chap. 94–An Act authorizing the county commissioners of the various counties of the state, having a population in excess of fifteen thousand people, to construct, operate, and maintain improvements within their respective counties; providing a method of financing said improvements, and in certain cases apportioning the costs upon the property benefited thereby; providing a method for assessment; creating liens against property benefited by improvements, and other matters properly relating thereto.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of the counties of the state, having a population in excess of fifteen thousand (15,000) people, in addition to the powers already conferred by law, for the protection of the public health, safety, and general welfare of the inhabitants of the county, shall have power and jurisdiction within their respective counties, and outside of the limits of incorporated cities located in such counties, to provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening of any county highway, underpass, tunnel, or other passageway, or to in anyway whatsoever improve the same; to provide for the construction, improvement, maintenance, vacation, and preservation of county parks, play grounds, and recreational facilities, and the construction, repair, maintenance, vacation, and preservation of walks, crossings, bridges, drains, curbs, gutters, storm sewers, drainage systems, sewerage systems, and sewage disposal plants; to provide for the maintenance, repair, alteration, improvement, and preservation of any other county property not herein mentioned, and to make any other county improvements or public improvement of any nature.


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

ê1945 Statutes of Nevada, Page 141 (Chapter 94, SB 59)ê

 

(15,000) people, in addition to the powers already conferred by law, for the protection of the public health, safety, and general welfare of the inhabitants of the county, shall have power and jurisdiction within their respective counties, and outside of the limits of incorporated cities located in such counties, to provide for the macadamizing, oiling, curbing, graveling, grading and regrading, paving, draining, cleaning, repairing, lighting, surfacing and resurfacing, and widening of any county highway, underpass, tunnel, or other passageway, or to in anyway whatsoever improve the same; to provide for the construction, improvement, maintenance, vacation, and preservation of county parks, play grounds, and recreational facilities, and the construction, repair, maintenance, vacation, and preservation of walks, crossings, bridges, drains, curbs, gutters, storm sewers, drainage systems, sewerage systems, and sewage disposal plants; to provide for the maintenance, repair, alteration, improvement, and preservation of any other county property not herein mentioned, and to make any other county improvements or public improvement of any nature.

      Sec. 2.  In the exercise of the powers conferred upon the county commissioners in section 1 of this act, such part of the expense, or the entire expense, as the county commissioners shall determine, may be defrayed by special assessments upon lots, lands, and premises abutting upon that part of the improvement made, or proposed to be made, or the lands abutting upon such improvement and such other land as in the opinion of the county commissioners may be benefited by the improvement; provided, that in the case of any bridge, tunnel, underpass, or viaduct constructed for the purpose of causing any passageway, walk, pedestrian pathway, lane, or highway to cross any railroad track or right of way upon a separated grade, such grade separation shall be deemed to be for the general public benefit, and shall not be subject to the provisions of this section. The cost of securing rights of way or the land necessary for the construction of such improvements may likewise be defrayed by special assessment as provided above; provided, however, that any of the purposes for which the county commissioners may form a special assessment district, as set forth above, may be paid for in whole, or in part, from other county funds.

      Sec. 3.  When expenses for such improvements shall be assessed, and there shall be lands belonging to the county, school buildings, or other public buildings, or public grounds not taxable, abutting on such improvements, such part of the expense of such improvement as in the opinion of the county commissioners or assessor making such special assessment would be justly apportionable to such public grounds, buildings, and county property, and to any interior, squares, or spaces formed by the intersection of passageways where they are taxable, shall be paid from the general fund or other proper fund, or part from each, as the county commissioners shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement in proportion to their number of feet so abutting; or if the special assessment shall include other lands not abutting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.

 

 

Commissioners of certain counties may provide various improvements

 

 

 

 

 

 

 

 

 

How expenses may be defrayed

 

 

Provisos

 

 

 

 

 

 

 

 

 

Assessments, how apportioned


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

ê1945 Statutes of Nevada, Page 142 (Chapter 94, SB 59)ê

 

Assessments, how apportioned

 

 

 

 

 

 

 

 

 

 

Abutment land, how assessed

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure before ordering public improvements

would be justly apportionable to such public grounds, buildings, and county property, and to any interior, squares, or spaces formed by the intersection of passageways where they are taxable, shall be paid from the general fund or other proper fund, or part from each, as the county commissioners shall determine to be just, and the balance of such expense shall be assessed upon the taxable lots and premises abutting upon such improvement in proportion to their number of feet so abutting; or if the special assessment shall include other lands not abutting upon the improvement, then upon all land included in such special assessment in proportion to the estimated benefits resulting thereto from the improvement.

      Sec. 4.  Whenever, in the opinion of the county commissioners, the benefits thereof are special rather than general or public, when by the provisions of this act the cost and expense of any local improvements may be defrayed in whole or in part by special assessment upon the lands abutting on and adjacent to or otherwise benefited by such improvement, such assessment may be made in the manner hereinafter specified. When the county commissioners shall determine to make any public improvement for which a special assessment is proper, as hereinbefore provided, and defray the whole or any part of the cost and expense thereof by special assessments, they shall so declare by resolution stating the improvement and what part or portion of the expense thereof shall be paid by special assessment, and what part or portion of the expense thereof will be paid from other funds, and whether the assessment is to be made according the benefits or abutment, and in case the assessment is to be made according to benefits they shall by apt description designate the district, if a special district is set apart therein, including the lands to be so assessed; or in case there in no district so set apart they shall describe definitely the location of the improvement, and state that the assessment is to be made upon all the lands benefited thereby according to benefit, but in case the assessment is to be made upon the property according to abutment, it shall be sufficient in said resolution to so state with a definite location of the improvements to be made. It shall not be necessary in any case to describe minutely in the resolution each particular lot to be assessed, but simply to so designate the property, district, or the location that the various parts to be assessed can be ascertained and described by the county assessor. Before ordering any public improvement, as provided in the last preceding section, any part of the expense of which is to be defrayed by special assessment, the county commissioners shall cause estimates of the expense thereof to be made, and also plats and diagrams, when practicable, of the work and of the locality to be improved, and deposit the same with the county clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for once a week for four weeks in one of the newspapers of the county, and by posting three notices near the site of the proposed work in some public and conspicuous place, and such notice shall state the time when the county commissioners will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements.


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

ê1945 Statutes of Nevada, Page 143 (Chapter 94, SB 59)ê

 

to be improved, and deposit the same with the county clerk for public examination, and they shall give notice thereof and of the proposed improvement or work and of the location of the improvement and of the district to be assessed, by publication for once a week for four weeks in one of the newspapers of the county, and by posting three notices near the site of the proposed work in some public and conspicuous place, and such notice shall state the time when the county commissioners will meet and consider any suggestions and objections that may be made by parties interested with respect to the proposed improvements.

      Sec. 5.  Unless a majority of the persons to be assessed shall petition therefor, no such improvement or work shall be ordered. The cost and expenses of any improvement which may be defrayed by special assessment shall include the cost of surveys, plans, making the assessments, together with newspaper publications and cost of construction, and all incidental costs. In no case shall the whole amount be levied by special assessment upon any lots, lands or premises where any one improvement exceeds 50 percent of the value of such lands and improvements, as last before valued and assessed for state and county taxation in the county tax roll. Any cost exceeding that percent which would otherwise be chargeable upon said lots, lands or premises shall be paid from the general funds, or any proper fund, of the county. The county commissioners shall prescribe the fees and compensation that may be charged in the work of making any special assessment as part of the assessment. No contract for doing the work or making the improvement contemplated herein shall be made or awarded nor shall the county commissioners incur any expense or liability in relation thereto until after the notice and hearing provided for herein shall have been given or had. But nothing herein contained shall be construed as preventing the county commissioners from advertising for proposals for doing work whenever they see fit; provided, the contract shall not be made or awarded before the time herein stated.

      Sec. 6.  When any special assessment is to be made pro rata upon the lands or premises in any special assessment district, according to the abutment or benefits, the county commissioners shall, by resolution, direct the same to be made by the county assessor, and shall state therein the amount to be assessed, and whether according to the abutment or benefits, and describe or designate the lots, lands, and premises, or the locality constituting the district to be assessed; in fixing the amount or sum of money that may be required to pay the costs of any improvement, the county commissioners need not necessarily be governed by the estimates of such improvement provided herein, but the county commissioners may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement.

 

 

 

 

 

 

 

 

Majority of persons assessed must petition therefor

 

Amount of assessment limited

 

 

 

 

 

No contract awarded before notice and hearing

 

 

 

 

Duties of commissioners concerning assessment


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

ê1945 Statutes of Nevada, Page 144 (Chapter 94, SB 59)ê

 

 

 

Duties of assessor

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate of assessor

commissioners may decide upon such other sum, within the limitations described, as they may deem necessary to cover the cost of such improvement. Upon receiving such order and directions the county assessor shall make out an assessment roll, entering and describing all lands, premises and portions of land to be assessed, with the names of the persons, if known, chargeable with the assessments thereon, and shall levy thereon and against such persons the amount to be assessed in the manner directed by the county commissioners and the provisions of this act applicable to the assessment; provided, in all cases where the ownership thereof is unknown to the assessor he shall, in lieu of the name of the owner, insert the name “Unknown”; provided, also, if by mistake or otherwise any person shall be improperly designated as the owner of any land, lot, or premises, or if the same shall be assessed without the name of the owner, or the name of a person other than the owner, such assessment shall not for any cause be vitiated, but shall in all respects be as valid upon and against such lot, parcel of land, or premises as though assessed in the name of the proper owner, and when the assessment roll shall have been confirmed and recorded, shall be a lien on such lot, parcel of land, improvements or premises, and shall be collected as in other cases. If the assessment is required to be according to the abutment, the county assessor shall assess each lot or parcel of land and improvements, or such relative portion of the whole amount to be levied as the length of abutment of such premises abutting upon the improvement bears to the whole abutment length of all the lots, lands, or premises to be assessed; unless on account of the shape and size of any land, lot, or premises an assessment for a different number of feet would be more equitable; and the length of abutment of all lots to be assessed shall be deemed to be the aggregate number of feet as determined upon for assessment by the county assessor. If the assessment is directed to be according to benefits, the county assessor shall assess upon each lot or parcel of land such relative portions of the whole sum to be levied as shall be proportionate to the estimated benefit resulting to such lot or parcel of land from the improvement.

      Sec. 7.  When the assessor shall have completed the assessment he shall report the same to the county commissioners. Such reports shall be signed by him and made in the form of a certificate, and endorsed on the assessment roll as follows:

      State of Nevada, county of.................................., ss. To the county commissioners of the county of..................................: I hereby certify and report that the foregoing is the assessment roll and the assessment made by me pursuant to resolution of the county commissioners of said county, adopted (give date), for the purpose of paying that part of the cost which the county commissioners decided should be paid and borne by special assessment for the purpose of paying the cost.


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

ê1945 Statutes of Nevada, Page 145 (Chapter 94, SB 59)ê

 

(give date), for the purpose of paying that part of the cost which the county commissioners decided should be paid and borne by special assessment for the purpose of paying the cost. That in making such assessment, I have, as near as may be, and according to my best judgment, conformed in all things to the directions contained in the resolution of the county commissioners hereinbefore referred to, as well as to the powers of the county commissioners relating to such assessment.

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

                                                                       ..................................................County assessor.

 

      Sec. 8.  When any expense shall be incurred by the county upon or in respect to any separate or single lot, parcel of land, or premises which expense, by the provisions of this act, the county commissioners are authorized to charge and collect as a special assessment against each lot or parcel of land, and which assessment is not of that class of special assessments required to be made pro rata upon several lots or parcels of land, an account of the labor or service for which such expense was incurred, verified by the officer or person performing the services or causing the same to be done, with the description of the lot, parcel of land, or premises upon or in respect to which the expense was incurred, and the name of the owner or person, if known, chargeable therewith, shall be reported to the county commissioners. And the provisions of the previous sections, with reference to special assessments generally and the proceedings necessary to be had before making the improvement, shall not apply to the assessments to cover the expense incurred, in respect to that class of improvements contemplated in this section. When such an account is reported to the county commissioners the county commissioners shall determine what amount or part of every such expense, if any, shall be charged as a special assessment, and the person, if known, against whom and the premises upon which the same shall be levied as a special assessment; and so often as the county commissioners shall deem it expedient they shall require all of the several accounts so reported and determined, and the several lots, parcels of land, or premises and the persons chargeable therewith, respectively, to be reported by the county clerk to the county assessor for assessment.

      Sec. 9.  Upon receiving the report mentioned in section 7 or section 8 the county assessor shall make a special assessment roll and levy a special assessment therein upon each lot, parcel of land or premises, so reported to him and against the person chargeable therewith, if known, the whole amount or amounts of all the charges so directed as aforesaid to be levied upon each of such lots, parcels of land, or premises, respectively, and when completed he shall report the assessment roll to the county commissioners.

Certificate of assessor

 

 

 

 

 

 

 

 

 

Procedure concerning separate or single parcel of land

 

 

 

 

 

 

 

 

 

 

Commissioners to apportion cost

 

 

 

 

 

 

Assessor to make special assessment roll


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

ê1945 Statutes of Nevada, Page 146 (Chapter 94, SB 59)ê

 

 

 

Special assessment roll to be published

 

 

 

 

 

 

Notice of special assessment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners to review assessment roll

respectively, and when completed he shall report the assessment roll to the county commissioners.

      Sec. 10.  When any special assessment shall be reported by the county assessor to the county commissioners as in section 9 directed, the same shall be filed in the office of the county clerk and numbered. Before adopting the assessment the county commissioners shall cause a noticed to be published for two times in some newspaper of the county, or filing of the same with the county clerk, and appointing a time when the county commissioners and assessor will meet to review the assessments. Any person objecting to the assessment may file his objections thereto in writing with the county clerk at any time prior to the date of said meeting.

      Sec. 11.  The notice provided in section 10 may be addressed to the persons whose names appear upon the assessment roll and to all others interested therein, and may be in the following form:

 

notice of special assessment

 

      To (insert the name of the person or persons against whom the assessment appears) and to all persons interested, take notice: That the roll of the special assessment heretofore made by the county assessor for the purpose of defraying that part of the costs which the county commissioners decided should be paid and borne by special assessment for the...............................is now on file at my office for public inspection. Notice is hereby given that the county commissioners and county assessor of the county of...............................will meet in the county commissioners’ room in said county on (insert the date fixed upon), to review said assessment, at which time and place opportunity will be given all persons interested to be heard; provided, and person objecting to the assessment may file his objections thereto, in writing, with the county clerk at any time before the time set for said hearing.

      Dated.................................................................., 19........

                                     ...........................................................................................County clerk.

 

      Sec. 12.  At the time appointed for the purpose aforesaid the county commissioners and county assessor shall meet and there, or at some adjourned meeting, review the assessment; and shall hear any objection to said assessments which may be made by any person deeming himself aggrieved thereby, and shall decide the same; and the county commissioners may correct the assessment as to any assessment or description of the lands, lots, or premises appearing therein, and may confirm it as reported or as corrected, or they may refer the assessment back to the county assessor for revision, or annul it and direct a new assessment, in which case the same proceedings shall be had as in respect to the previous assessment. When a special assessment shall be confirmed the county clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: “Special assessment approved by the county commissioners the ..........................


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

ê1945 Statutes of Nevada, Page 147 (Chapter 94, SB 59)ê

 

county clerk shall make an endorsement upon the roll showing the date of confirmation, which shall be in the following words: “Special assessment approved by the county commissioners the .......................... day of ..................... (month), 19....... (affixing the time).

      Dated................................................................................, 19........

                                   ...........................................................................................County clerk.”

 

      Sec. 13.  When any special assessment roll shall be confirmed by the county commissioners it shall be final and conclusive except as hereinafter provided; but no such assessment shall be confirmed except by an unanimous vote of all members of the county commissioners. The county clerk shall thereupon deliver to the county auditor the assessment roll as confirmed by the county commissioners, with his certification of such confirmation, and of the date thereof. The county auditor shall thereupon, without extra compensation, record such assessment roll in his office, in a suitable book to be kept for that purpose and append thereto his certification of the date of such record. Whereupon from said date all persons shall be deemed to have notice of the contents of such assessment roll. Said roll, when so endorsed and recorded shall be prima-facie evidence in all courts and tribunals of the regularity of all proceedings preliminary to the making thereof and of the validity of said assessment and assessment roll.

      Sec. 14.  All special assessments shall from the date of the recording thereof, constitute liens upon the respective lots or parcels of land and improvements assessed, and shall be charged against the persons and properties until paid. Upon the confirmation and recording of any assessment, the amount thereof may be divided into not more than ten installments, one of which shall be collected each year or the entire amount thereof shall be collected at once, in the manner hereinafter prescribed, with annual interest thereon at a rate not exceeding seven (7%) percent from the date due.

      Sec. 15.  All special assessments, except such installments thereof as the county commissioners shall make payable at a future time, shall be due and payable upon recording.

      Sec. 16.  Should any lot, lands, or premises be divided after a special assessment thereon shall have been confirmed and divided into installments and before the collection of the installments, the county commissioners may require the county assessor to apportion the uncollected amounts upon the several parts of land so divided. The report of such apportionment when confirmed shall be conclusive upon all of the parties, and assessments thereafter made upon such lot or lands shall be according to such subdivision.

      Sec. 17.  Should any special assessment prove insufficient to pay for the improvement or work for which it is levied, and the expense, incident thereto, the amount of such deficiencies shall be paid from the general fund in the treasury of the county, and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid.

 

 

 

 

 

 

 

Adoption of assessment roll must be unanimous

 

 

 

 

 

 

 

 

 

 

 

Special assessments constitute liens upon property

 

 

 

 

 

When payable

 

 

 

 

Uncollected amounts to be apportioned

 

 

Final disposition of funds


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

ê1945 Statutes of Nevada, Page 148 (Chapter 94, SB 59)ê

 

 

 

 

 

 

Duties of commissioners if action decided invalid

 

 

 

 

 

Unrefunded balances credited to reassessment

 

 

Lien of county against property not impaired

 

 

Clerk to report to assessor

levied, and the expense, incident thereto, the amount of such deficiencies shall be paid from the general fund in the treasury of the county, and in case a greater amount shall have been collected than was necessary the excess shall be refunded ratably to those by whom it was paid.

      Sec. 18.  Whenever any special assessment shall, in the opinion of the county commissioners, be invalid by reason of any irregularity or informality in the proceedings, or if any court of competent jurisdiction shall adjudge such assessment to be illegal, the county commissioners shall, whether the improvement has been made or not, or whether any part of the assessments have been paid or not, have power to cause a new assessment to be made for the same purpose for which the former assessment was made. All of the proceedings for such reassessment and for the collection thereof shall be conducted in the same manner as provided for special assessment in this act.

      Sec. 19.  Whenever any sum or any part thereof levied upon any premises in the assessment so declared invalid or illegal has been paid and is not refunded, the payment so made shall be applied upon reassessment on said lot, land, or premises, and the assessment to that extent be deemed satisfied.

      Sec. 20.  No judgment or decree or any act of the county commissioners vacating a special assessment shall destroy or impair the lien of the county upon the premises assessed for such amount of the assessment as may be equitably charged against the same or as by regular mode of proceedings might have been lawfully assessed thereon.

      Sec. 21.  When any special assessment shall be confirmed and recorded the county commissioners may, by resolution, direct the county clerk to report to the county assessor a description of such lot, lands, or premises as are contained in the special assessment roll, with the total amount of the assessment levied upon each lot, lands, or premises if the entire amount is to be paid at once, or the amount of the annual installments with interest added if the assessment is to be paid in installments, and the name of the owner or occupant against whom the assessment was made, and by such resolution require the county assessor to levy the several sums so assessed as a tax upon the several lots, lands, or premises to which they were assessed, respectively, and if the assessment is payable in installments the county commissioners shall annually continue to so require the county assessor to levy the said installments of special assessments until the whole sum assessed with interest thereon has been paid. Upon receiving such report the county assessor shall levy the sums therein mentioned upon the respective lots, lands, and premises to which they were assessed and against the person chargeable therewith as by a tax in the general assessment roll next thereafter to be made in a column for special assessments, and the county auditor shall extend the same on said roll in the same manner as other taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds.


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

ê1945 Statutes of Nevada, Page 149 (Chapter 94, SB 59)ê

 

the person chargeable therewith as by a tax in the general assessment roll next thereafter to be made in a column for special assessments, and the county auditor shall extend the same on said roll in the same manner as other taxes or assessments are extended, and thereupon the amount so levied in said assessment roll shall be collected and enforced with the other taxes in the assessment roll by the tax receiver, and in the same manner, and shall continue to be a lien upon the premises assessed until paid, and when collected shall be credited to the proper funds. In the event any special assessment or assessments provided for herein are not paid when due, it shall be the duty of the said tax receiver to sell the property in the same manner and at the same time, when possible, as property is sold for delinquent taxes; and in such event it shall be the duty of said tax receiver to add thereto the same penalties, charges, and costs as are added for delinquent taxes.

      Sec. 22.  If, in any action, proceeding or suit, in which any assessment shall be involved, it shall appear by reason of any irregularity or informality that the assessment has not been properly made against the party whose property is sought to be sold or the lots, lands, or premises sought to be sold or charged the court may, nevertheless, on satisfactory proof that the expense has been incurred by the county which is a proper charge against the person sought to be charged or the lots, lands, or premises in question, render judgment for the amount properly chargeable against such person or upon such lots, lands, or premises. In any action, suit, or proceeding the assessment roll and the certified resolution confirming it, as recorded, shall be prima-facie evidence of the regularity of the proceedings in making the assessment and of the right of the county to sell for such assessment or to recover judgment therefor.

      Sec. 23.  The county commissioners are hereby authorized and empowered to correct or amend the said special assessment roll by resolution at any time after confirmation and recording of the same, so as to make it conform with the actual cost of the work for which the same was levied and the changes in said roll shall be made by resolution, by unanimous vote of the members of the county commissioners, and the said resolution, or a copy thereof, certified by the county clerk as a true copy, shall be posted in the said special assessment roll and shall constitute conclusive authority for the change so made.

      Sec. 24.  This act shall be in full force and effect from and after its passage and approval.

Duties of assessor

 

 

 

 

 

 

 

 

Failure of payments to render property delinquent

 

 

 

Duty of the court

 

 

 

 

 

 

 

Commissioners authorized to correct or amend roll by unanimous consent

 

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 150ê

CHAPTER 95, SB 101

 

 

 

 

 

 

 

 

 

 

County commissioners may purchase United States bonds

 

 

 

 

 

Bonds, how credited

 

 

 

 

 

Repeal

In effect

[Senate Bill No. 101–Senator Budelman]

 

Chap. 95–An Act authorizing boards of county commissioners to purchase United States bonds with county funds.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Boards of county commissioners are hereby authorized to purchase bonds and debentures of the United States, the maturity dates of which shall not extend more than one year from the date of purchase, when, in the opinion of any such board of county commissioners, there shall be sufficient moneys in any fund, or funds, in the county, the use of which for the purpose of purchasing the type of bond herein referred to will not result in the impairment of such fund, or funds, for the purposes for which the same were created.

      Sec. 2.  The boards of county commissioners having determined that there are available moneys in any fund or funds for the purchase of bonds as set out in section one, such purchases may be made and the bonds paid for out of any one or more of said funds; provided, however, that said bonds shall be credited to said funds in the amounts purchased, and the moneys received from the redemption of such bonds, as and when redeemed, shall go back into the fund of funds from which the purchase money was originally taken.

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

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 151ê

CHAPTER 96, SB 81

[Senate Bill No. 18–Senators Tallman and Sommer]

 

Chap. 96–An Act to amend an act entitled “An act to require the registration of motor vehicles, trailers and semitrailers, and to require the payment of fees thereupon, imposing certain duties and obligations upon the owners of motor vehicles rented without drivers, to provide for the transfer of interest in and to motor vehicles, providing for the registration of manufacturers and dealers in motor vehicles, trailers and semitrailers, regulating the use of motor vehicles by nonresidents, making and constituting county assessors officers of the department and imposing certain duties upon them, creating a ‘motor vehicle fund,’ and providing for the disposition thereof, to prevent the taking or injury of any vehicle without the consent of the owner; to provide for the duties and powers of vehicle commissioner and for the motor vehicle department; to regulate court proceedings in certain civil actions arising under this act; to provide penalties for violations of this act and to make uniform the law relating to the subject matter of this act; and to repeal all acts in conflict or inconsistent therewith,” approved March 27, 1931, as amended.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 11 of the above-entitled act, being section 4435.10 of the Nevada Compiled Laws, 1931-1941 Supplement, is amended to read as follows:

      Section 11.  The department in registering a vehicle, and upon the payment of the annual license fee as provided for in this act together with the payment of the personal property tax thereon (if such vehicle be subject to taxation in the State of Nevada) basing the assessed value of the vehicle upon the schedule of values for assessment purposes fixed by the Nevada tax commission for that year; provided, that if the applicant is the owner of real estate and improvements in the county in which the application is made, payment of personal property tax may be deferred if the vehicle so owned is placed forthwith on the real property roll; and provided further, that a fair and equitable adjustment of the assessed value may be made in cases where the applicant has previously secured a license for another vehicle during the same year and has sold such other vehicle, shall issue to the applicant a temporary certificate of registration valid fifteen days only, and not renewable, together with the regular license plates. Upon the approval of the application by the commissioner he shall cause to be issued a certificate of registration and a certificate of ownership as hereinbefore provided for.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fees and taxes must be paid prior to registration; proviso


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

ê1945 Statutes of Nevada, Page 152 (Chapter 96, SB 81)ê

 

 

Repeal

registration and a certificate of ownership as hereinbefore provided for.

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

 

________

 

CHAPTER 97, SB 201

 

 

 

 

 

 

 

 

 

Tribal custom of marriage validated

 

Certificate of marriage, what to contain

 

 

 

 

 

 

 

 

Proof recognized by United States valid in Nevada

 

 

Repeal

In effect

[Senate Bill No. 102–Senator Johnson]

 

Chap. 97–An Act in relation to marriages between Indians.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Marriages between Indians heretofore or hereafter consummated in accordance with tribal custom shall be of the same validity as marriages performed in any other matter provided for by the laws of the State of Nevada.

      Sec. 2.  A certificate of any such marriage may be signed by an official of the tribe of which at least one of the parties is a member or by an official of the reservation or colony in or upon which at least one of the parties shall at the time reside, or by the superintendent of an Indian agency legally established in this state by the United States, which such certificate may be filed in the office of the recorder of the county wherein such marriage shall have taken place, and within thirty (30) days thereafter, and such certificate or a certified copy thereof shall be prima-facie evidence of the facts therein recited. Such certificate shall give the names of the parties married; their ages, and tribe, and the place and date of the marriage, and shall show the official status of the person signing the same.

      Sec. 3.  Any certificate, affidavit, or any other type of proof recognized by the United States, or any department thereof, as proof of a valid tribal marriage, regardless of when or where the said tribal marriage shall have been entered into, shall be proof of the validity of such tribal marriage in the State of Nevada.

      Sec. 4.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

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

 

________

 

 


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

ê1945 Statutes of Nevada, Page 153ê

CHAPTER 98, AB 241

[Assembly Bill No. 142–Elko County Delegation]

 

Chap. 98–An Act fixing the compensation of the district attorney of Elko County, Nevada, regulating his duties; providing for the appointment, qualification and compensation of a deputy district attorney and a secretary, regulating their duties, and other matters relating thereto.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The district attorney of Elko County, Nevada, shall receive a salary of six thousand ($6,000) dollars per annum for all his services as such officer; in case of emergency he may, with the unanimous consent of the board of county commissioners, employ one deputy district attorney, who shall be an attorney licensed to practice law in the State of Nevada, whose salary shall be fixed by the board of county commissioners in an amount not to exceed two hundred fifty ($250) dollars per month. The district attorney and his deputy shall be allowed only their actual expenses while attending to official business of the county or state; provided, neither the district attorney nor his deputy shall engage in any private practice of the law and shall not represent or be employed by any other client. The district attorney is hereby authorized and empowered to employ one person to act as his secretary, whose salary shall be fixed by the board of county commissioners in an amount not to exceed one hundred seventy-five ($175) dollars per month.

      Sec. 2.  All annual salaries herein provided shall be payable in twelve monthly installments.

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

      Sec. 4.  This act shall be in full force and effect from and after January 1, 1947.

 

 

 

 

 

 

 

 

 

 

 

 

Salary of district attorney

 

 

 

 

 

Proviso

 

 

 

 

 

Salary payable monthly

 

 

Repeal

In effect

 

________

 

CHAPTER 99, AB 741

[Assembly Bill No. 147–Messrs. Covington and Jepson]

 

Chap. 99–An Act to amend an act entitled “An act to incorporate the town of Sparks in Washoe County, and defining the boundaries thereof, and to authorize the establishment of a city government therefor, and other matters relating thereto,” approved March 15, 1905, as amended.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 20 of the above-entitled act is hereby amended to read as follows:

 


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

ê1945 Statutes of Nevada, Page 154 (Chapter 99, AB 741)ê

 

City clerk to be elected; powers and duties

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of city attorney

 

 

 

 

Salary of police judge

 

 

 

Fees, salaries, etc., to be regulated by ordinance

      Section 20.  There shall be a city clerk who may be ex officio treasurer and tax receiver and license collector of the city. He shall be elected by the qualified electors of said city at each general city election. As city clerk he shall have the custody of all books and records, the corporate seal, and all documents to otherwise provided for. He shall be clerk of the council, attend all its proceedings, and shall audit all claims against the city. He shall record in a journal all ordinances, bylaws, rules, and resolutions passed or adopted by the council, which journal, after approval at each regular meeting shall be signed by the mayor and attested under the hand of the clerk. He shall countersign all licenses and permits issued to any officer for the use of the city, and shall charge such officer with the same. He shall collect all license fees imposed by any ordinance. He shall countersign all warrants drawn upon the treasurer by the mayor. He shall, when required, make and certify, under the seal of the city, copies of any and all papers, documents or records in his custody, and such copies shall be prima-facie evidence of the matters therein contained, and he shall have the power to administer oaths and affirmations. All claims against the city shall be filed with the clerk, who shall report upon the same and all matters pertaining to his office at least once each month, or oftener as the council shall prescribe, which report shall be in writing and under oath. The city clerk shall receive for his services as such, as well as for services performed by him ex officio, such salary as may be prescribed by the council, not exceeding three thousand ($3,000) dollars per annum, payable semimonthly.

      Sec. 2.  Section 22b of the above-entitled act is hereby amended to read as follows:

      Section 22b.  The city attorney shall receive a salary in the sum of not to exceed eighteen hundred ($1,800) dollars per annum, to be fixed by the city council, payable semimonthly.

      Sec. 3.  Section 29 of the above-entitled act is hereby amended to read as follows:

      Section 29.  The police judge shall receive such salary as may be provided by the city council not exceeding twelve hundred ($1,200) dollars per annum.

      Sec. 4.  Section 41 of the above-entitled act is hereby amended to read as follows:

      Section 41.  The fees, salaries, or other compensations of officers or other persons employed by the city shall be regulated in the case of all elective officers of the city by duly enacted ordinances and as to all appointive officers, such as the police chief, police judge, chief of the fire department, and the city engineer, and any other head of a department, by resolutions duly enacted by the city council. The compensation of all other city employees shall be fixed by motion of the council.


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

ê1945 Statutes of Nevada, Page 155 (Chapter 99, AB 741)ê

 

motion of the council. All claims for fees, salaries, and all expenses necessarily incurred in carrying on the legitimate purposes and properly administering the duties of the city government, and all claims against the city, wherever the nature of such claims will permit, shall be filed with the city clerk and acted upon by the council at the first regular meeting thereafter of each and every month, and the council shall consider and allow or reject the same in the order as presented and filed, and the record of their action shall be entered upon the journal. Upon allowance in whole or in part of any claim, by the majority of the council, the city clerk shall certify all such claims or portions allowed, as the case may be, to the mayor, who shall draw a warrant upon the treasurer, the same shall be paid by him. On paying any warrant, the treasurer shall write or stamp across the face thereof, in red ink, the word “Redeemed” with the date of such redemption, and sign his name thereto officially, and the warrant so canceled shall be a sufficient voucher for the treasurer in his settlement with the council, which shall take place annually, on the third Monday of December of each year; provided, the council shall have the power at any time to require a statement and settlement with said treasurer.

      Sec. 5.  All acts or parts of acts, whether general, special, or local, inconsistent with the provisions of this act, are hereby repealed.

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

Claims filed with city clerk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

________

 

CHAPTER 100, AB 151

[Assembly Bill No. 151–Washoe County Delegation]

 

Chap. 100–An Act authorizing the board of county commissioners of Washoe County, Nevada, to create a hospital reserve fund; providing for the use thereof; providing for the investments of funds therefrom; providing for the transfer of any surplus funds from the Washoe County general hospital fund of said county to said fund, and other matters properly related thereto.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Washoe County, Nevada, hereby is authorized and empowered in its discretion and as it deems proper to transfer, from time to time, any surplus in the hospital fund of said county into a hospital reserve fund, which said fund shall be known as the “Washoe County General Hospital Building Fund,” The moneys in said fund may be allowed to accumulate from year to year.

 

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners to create hospital fund


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

ê1945 Statutes of Nevada, Page 156 (Chapter 100, AB 151)ê

 

 

 

 

 

 

Expenditure of funds authorized

 

 

Funds may be invested in U. S. bonds

 

 

Present laws regarding contracts and payment of obligations to govern

 

 

 

 

Repeal

In effect

moneys in said fund may be allowed to accumulate from year to year. Any moneys in said fund at the end of the fiscal year shall not lapse nor shall the same be a surplus available for expenditure for any other purposes than those hereinafter specified.

      Sec. 2.  The board of trustees of the Washoe County general hospital, hereby is authorized and empowered in its discretion and as it deems proper, at any time, to expend all or any part of such fund, labor and materials being available, for the purposes of remodeling, reconstructing, making additions to, and improving and repairing the Washoe County general hospital, and in providing furnishings therefor.

      Sec. 3.  The board of county commissioners of Washoe County, Nevada, hereby is authorized and empowered to invest any or all funds in said “Washoe County General Hospital Building Fund” in bonds of the United States of America, and maintain said investment in said bonds until such time as the said board of trustees of the Washoe County general hospital shall deem it advisable to expend said funds.

      Sec. 4.  All the laws in force governing the letting of contracts, and all other pertinent laws hereby are made applicable to and shall govern the board in its official acts in connection herewith, and all bills contracted, or payments made, for the purpose of carrying out the provisions of this act shall be by the board of county commissioners of Washoe County authorized, audited, and paid as other obligations of said county are authorized, presented, allowed, and paid.

      Sec. 5.  All acts and parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed.

      Sec. 6.  This act shall be effective from and after its passage and approval.

 

________

 

CHAPTER 101, AB 951

 

[Assembly Bill No. 159–Churchill County Delegation]

 

Chap. 101–An Act authorizing the board of county commissioners of Churchill County, Nevada, to create a postwar reserve fund; providing for the use thereof; providing for the raising of funds therefor; providing for the investment of funds therefrom, and other matters properly related thereto.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of Churchill County, Nevada, hereby is authorized and empowered in its discretion to budget for and to create a postwar reserve fund, and to levy taxes not to exceed a ten (10) cents per one hundred ($100) dollars valuation on all property subject to taxation in Churchill County, Nevada, to provide funds therefor; said fund shall be known as the “Churchill County Courthouse, Jail, and Telephone Building Fund.”


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

ê1945 Statutes of Nevada, Page 157 (Chapter 101, AB 951)ê

 

its discretion to budget for and to create a postwar reserve fund, and to levy taxes not to exceed a ten (10) cents per one hundred ($100) dollars valuation on all property subject to taxation in Churchill County, Nevada, to provide funds therefor; said fund shall be known as the “Churchill County Courthouse, Jail, and Telephone Building Fund.” The moneys in said fund may be allowed to accumulate from year to year; any moneys in said fund at the end of the fiscal year shall not lapse, nor shall the same be a surplus available for expenditures for any other purposes than those hereinafter specified. At no time shall there be allowed to accumulate in said fund moneys in excess of one hundred fifty thousand ($150,000) dollars.

      Sec. 2.  The board of county commissioners of Churchill County, Nevada, hereby is authorized in its discretion, and as it deems proper, at any time prior to January 1, 1955, to expend all or any part of said fund for the purpose of constructing a new courthouse, jail building, and telephone building, and in providing furnishings therefor.

      Sec. 3.  The board of county commissioners of Churchill County, Nevada, hereby is authorized and empowered to invest any and all funds in said “Churchill County Courthouse, Jail, and Telephone Building Fund” in bonds of the United States of America, and maintain said investment in said bonds until such time as said board of county commissioners of Churchill County, Nevada, shall deem it advisable to expend said funds.

      Sec. 4.  All the laws in force governing the letting of contracts by boards of county commissioners of this state, and all other pertinent laws hereby, are made applicable to and shall govern the board in its official acts in connection herewith, and all bills contracted, or payments made, for the purpose of carrying out the provisions of this act shall be by the board of county commissioners of Churchill County, authorized, audited, and paid as other obligations of said county are authorized, presented, allowed, and paid.

      Sec. 5.  This act shall be effective from and after its passage and approval.

Commissioners authorized to create postwar fund

 

 

 

 

 

 

 

Expenditures discretionary with commissioners prior to January 1, 1955

 

Investment in U. S. bonds may be effected

 

 

 

Present laws regarding contracts and payment of obligations to govern

 

 

 

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 158ê

CHAPTER 102, AB 371

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff

 

 

Sheriff to receive traveling expenses

 

 

 

Salary of county clerk

 

 

Salary of assessor

 

Assessor to be allowed travel expenses

Salary of district attorney

District attorney to employ investigator

 

 

Salary of treasurer

 

Salary of recorder and auditor

 

Repeal

In effect

[Assembly Bill No. 173–Washoe County Delegation]

 

Chap. 102–An Act concerning and relating to certain county officers in Washoe County, Nevada, and fixing their compensation and allowances.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The compensation of the respective officers of Washoe County, Nevada, herein designated, is hereby fixed as follows, to be allowed, audited, and fixed monthly:

      The sheriff of Washoe County shall receive a salary of four thousand two hundred dollars ($4,200) per annum, and such commissions, as ex officio license collector, as are now allowed by law.

      The sheriff shall also receive his actual traveling expenses necessarily incurred in criminal cases when it becomes necessary to travel a greater distance than five miles from the county seat. He shall receive his actual traveling expenses necessarily incurred in civil cases wherein the county of Washoe, State of Nevada, are parties thereto.

      The county clerk and ex officio clerk of the district court and of the board of county commissioners shall receive a salary of four thousand two hundred dollars ($4,200) per annum.

      The county assessor shall receive a salary of four thousand two hundred dollars ($4,200) per annum.

      The county assessor shall also receive a further sum of not more than five hundred dollars ($500) per annum for traveling expenses.

      The district attorney shall receive a salary of four thousand two hundred dollars ($4,200) per annum.

      The district attorney shall be allowed to employ, subject to the approval of the board of county commissioners, a special investigator at a salary to be fixed by the board of county commissioners, but in no event to exceed three thousand dollars ($3,000) per annum.

      The county treasurer shall receive a salary of three thousand dollars ($3,000) per annum.

      The county recorder and auditor shall receive a salary of three thousand dollars ($3,000) per annum.

      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 on April 1, 1945.

 

________

 

 


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

ê1945 Statutes of Nevada, Page 159ê

CHAPTER 103, AB 981

[Assembly Bill No. 189–White Pine County Delegation]

 

Chap. 103–An Act authorizing the board of county commissioners of White Pine County to exchange certain county owned lands for certain lands owned by the United States, and to do all acts in connection therewith necessary to affect such exchange.

 

[Approved March 21, 1945]

 

      Whereas, It has been ascertained that the White Pine County rifle range is situate on certain lands now a part of the public domain and owned by the United States; and

      Whereas, The county commissioners desire to acquire title to said lands in the interest of the people of White Pine County, by exchanging certain lands now owned by White Pine County for the public domain lands now owned by the United States of America, pursuant to the provisions of section 8 of (U. S. C. A., title 43, section 3159) of that certain act known as the Taylor grazing act, approved March 28, 1934; and

      Whereas, All preliminary matters concerning the exchange of said lands have been agreed upon between the board of county commissioners of White Pine County and the United States Department of the Interior, and it remains now only to secure to the board of county commissioners of White Pine County legislative authority to make such exchange of lands; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of White Pine County, Nevada, is hereby authorized to exchange with the United States department of the interior those certain lands situate in White Pine County, Nevada, the title of which is vested in White Pine County, described as follows:

      The north half (N 1/2) of the southwest quarter (SW 1/4) of section ten (10), township twelve (12) north, range sixty (60) east, and the northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of section thirty-three (33), township eleven (11) north, range sixty-two (62) east, Mount Diablo base and meridian, situate in White Pine County, State of Nevada,

for those certain lands situate in White Pine County, Nevada, now a part of the public domain, the title of which is vested in the United States of America, which lands are described as follows:

      The southwest quarter of the southeast quarter (SW 1/4 SE 1/4), and the north half of the southeast quarter (N 1/2 SE 1/4) of section thirty-six (36), township seventeen (17) north, range sixty-three (63) east, Mount Diablo base and meridian, situate in White Pine County, State of Nevada.

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners authorized to exchange certain land with United States


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

ê1945 Statutes of Nevada, Page 160 (Chapter 103, AB 981)ê

 

 

 

 

Commissioners granted full power to act

 

 

 

 

Repeal

In effect

(17) north, range sixty-three (63) east, Mount Diablo base and meridian, situate in White Pine County, State of Nevada.

      Sec. 2.  For the purpose of making the exchange of lands referred to in section 1 of this act the board of county commissioners is authorized to do each and every act as may be necessary and proper to effect such exchange as required to be done under the provisions of section 8 (U. S. C. A., title 43, section 3159) of that certain act known as the Taylor grazing act, approved March 28, 1934, including the execution and delivery to the United States of America of a warranty deed to the above-described county-owned lands.

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

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

 

________

 

CHAPTER 104, AB 191

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Issuance of bonds for Pioche sewer system authorized

[Assembly Bill No. 191–Lincoln County Delegation]

 

Chap. 104–An Act further to provide for the acquisition and maintenance of a sewer system for the unincorporated town of Pioche, in the county of Lincoln, State of Nevada; for the submission to the qualified electors of said town of the question of creating additional bonded indebtedness therefor; for the redemption of outstanding sewer bonds and the issuance and sale of additional bonds of said town therefor; for the payment thereof by the levy and collection of taxes; for the acceptance and use of federal or other grants therefor; and other matters properly connected therewith.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of the county of Lincoln, in the State of Nevada, acting as a town board for the use and benefit of the inhabitants of the unincorporated town of Pioche in said county, is hereby authorized in its discretion to prepare, issue, and sell negotiable serial coupon bonds of said town, in any principal amount, not in excess of $50,000, which, including principal amount of town of Pioche sewer bonds (issued January 1, 1938, under the provisions of chapter 144 of the 1937 Statutes of Nevada) at the time outstanding, will not exceed 12% of the assessed valuation of all property within said town, including proceeds of mines. Prior to the issuance of new 3 1/2% bonds in any amount, it shall be determined if the holders of outstanding 4% sewer bonds will consent to their redemption prior to maturity, at par and accrued interest plus a premium of not to exceed 2 1/2%, payable out of proceeds of sale of new bonds; and if such consent be had in writing, new bonds may be authorized, issued, and sold to redeem outstanding bonds; otherwise the proceeds of sale of new bonds shall be used solely for the acquisition and maintenance of a sewer system for said town of Pioche, in either event including the costs of the new bond issue.


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

ê1945 Statutes of Nevada, Page 161 (Chapter 104, AB 191)ê

 

redemption prior to maturity, at par and accrued interest plus a premium of not to exceed 2 1/2%, payable out of proceeds of sale of new bonds; and if such consent be had in writing, new bonds may be authorized, issued, and sold to redeem outstanding bonds; otherwise the proceeds of sale of new bonds shall be used solely for the acquisition and maintenance of a sewer system for said town of Pioche, in either event including the costs of the new bond issue. New bonds shall be named “Town of Pioche Supplemental Sewer Bonds.”

      Sec. 2.  For the purposes set forth in section 1 of this act, and in addition to the bond issue therein authorized, the said board is hereby authorized and empowered to apply for, accept and use any federal or other grants, aids, donations, and funds for said purposes which said board may deem beneficial and to the best interests of said town and its inhabitants.

      Sec. 3.  Before exercising any power or authority conferred by section 1 of this act (other than the determination of whether or not holders of outstanding bonds will consent to redemption thereof), the said board shall by resolution declare its intention to proceed under the authority of this act, and to describe with common certainty the project contemplated and the approximate cost thereof, the amount of the proposed bond issue, the amount of outstanding bonds and the amount thereof, if any, to be redeemed with proceeds of sale of new bonds, the amount of federal or other aid reasonably assured; and shall in said resolution order that the question of contracting a bonded indebtedness of said town for said purposes be submitted to a vote of the duly qualified electors of the said town at any general election or at a special election to be called for that purpose. The said resolution shall be captioned “Notice of Sewer Bond Election,” and must contain the following: (a) the question submitted; (b) the time and place of holding such election; provided, the board may select but one polling place within the town; (c) names of one inspector and two clerks to conduct the same; (d) the hours during the day in which the polls will be open; (e) notice of date of close of registration, which shall not be less than ten days before the date of said election; (f) the date, amount, and denomination of the bonds, the rate of interest, when and where payable, and the number of years not exceeding twenty from the date of issue, the bonds are to run.

      All persons voting on the question submitted at such election shall vote by separate ballot whereon is placed the question submitted and the words “For the Bonds” and “Against the Bonds,” and also instructions to voters. Said resolution shall be published at least once a week for two successive weeks preceding said election, in a newspaper printed and published at Pioche, Nevada.

 

 

 

 

 

 

 

 

 

Commissioners may apply for federal grants

 

 

Bond issuance to be voted upon by qualified voters of Pioche

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Resolution to be published


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

ê1945 Statutes of Nevada, Page 162 (Chapter 104, AB 191)ê

 

 

 

Election to be governed by certain state act

 

 

 

Election to be held under present state law

 

 

Duties of commissioners after approval

 

 

 

 

 

 

 

 

 

 

 

 

Proceeds to be placed in special fund

 

 

 

Tax for payment of bonds, how levied

weeks preceding said election, in a newspaper printed and published at Pioche, Nevada.

      Said election shall also be governed by the provisions of the act of the legislature of the State of Nevada entitled: An act relating to bond elections, providing for the manner of holding same, defining the duties of certain persons in relation thereto, and other matters properly relating thereto, approved March 16, 1937, as amended.

      Except as otherwise herein specifically provided, the manner of registration, voting and conducting the election and making returns thereof, shall be as now provided by law. Upon the ballots being counted and the results of said election ascertained, the inspector and clerks shall issue a certificate of returns of said election, which they shall cause to be filed in the office of the county clerk of said county of Lincoln.

      Sec. 4.  Upon the approval of the issuance of said bonds at said bond election, the said board is hereby authorized and empowered to prepare and issue and to sell the bonds authorized under section 1 of this act and by said bond election. Said bonds shall be prepared in appropriate denomination or denominations, shall be serial in form and maturity, and numbered from one upward consecutively. They shall be made payable in lawful money of the United States of America, at the office of the county treasurer of said Lincoln County, at Pioche, Nevada, and they shall have interest coupons attached. Each coupon shall be consecutively numbered and shall also bear the number of the bond to which it is attached. Bonds and coupons shall be signed by the chairman of the board of county commissioners of said county of Lincoln and countersigned by the county clerk, and authenticated by the official seal of said county of Lincoln. Facsimile signatures may be used on the coupons. Said bonds shall bear interest in lawful money of the United States of America at a rate not exceeding 3 1/2% per annum, payable semiannually; and they shall be redeemed and retired consecutively in the order of their issuance.

      Sec. 5.  Proceeds of the sale of bonds shall be placed in the county treasury, in a special fund to be known as the “Town of Pioche Lateral Sewer Fund,” and the county treasurer shall pay out the same for the acquisition and maintenance of the town of Pioche sewer system, only on claims presented and warrants ordered drawn, as provided by law for similar claims against unincorporated towns.

      Sec. 6.  To provide for the payment of the principal and interest on said bonds, as the same may become due and payable, the board of county commissioners of said county of Lincoln is hereby authorized, empowered, and directed to levy a tax annually, not exceeding one percent per annum, upon the assessed value of all real and personal property (including proceeds of mines) situated in said town of Pioche, made taxable by law for state and county purposes, until such bonds and the interest thereon shall have been fully paid.


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

ê1945 Statutes of Nevada, Page 163 (Chapter 104, AB 191)ê

 

upon the assessed value of all real and personal property (including proceeds of mines) situated in said town of Pioche, made taxable by law for state and county purposes, until such bonds and the interest thereon shall have been fully paid. Such tax shall be levied and collected, and the proceeds thereof shall be kept by the county treasurer in a special fund to be known as “Town of Pioche Sewer Lateral Bond Redemption Fund.” Bonds and interest shall be paid from said fund, and the principal and interest of said bonds shall be a lien upon all property subject to taxation within said town of Pioche.

      Sec. 7.  Unless default be made in payment, all interest on any of said bonds shall cease when said bond becomes due and payable, whether presented on its maturity date or thereafter. Whenever the bonds and interest shall have been fully paid, the tax authorized by this act shall cease, and all money remaining in said bond redemption fund shall, by order of the board, be transferred to the general fund of said town of Pioche. Whenever the county treasurer shall redeem any of the bonds, he shall cancel the same by writing across the face thereof the word “Paid,” also the date of payment, and sign his name thereto, and then turn the bond over to the county auditor, taking receipt therefor.

      Sec. 8.  The faith of the State of Nevada is hereby pledged that this act shall not be repealed nor the taxation thereby imposed be omitted, and that no other act or thing will be done to impair the marketable value of the bonds or the good faith of the State of Nevada in causing them to be issued, until all of the bonds and coupons issued by virtue of the terms of this act shall have been paid in full.

      Sec. 9.  The board of county commissioners of the county of Lincoln in the State of Nevada, acting as a town board for the use and benefit of the inhabitants of the unincorporated town of Pioche in said county, shall have power to regulate, operate, and maintain said sewer system, and control the income thereof. Said board shall also have power to enact and enforce ordinances for the prevention of insanitary conditions in said town of Pioche, and shall have the power to exercise the right of eminent domain to acquire necessary rights of way.

      Sec. 10.  No bonds shall be issued under the provisions of this act unless the election herein required is held prior to January 1, 1947.

      Sec. 11.  This act shall be in full force and effect from and after its passage and approval.

 

 

 

 

 

 

 

Redemption of bonds

 

 

 

 

 

 

 

 

Faith of state pledged

 

 

 

 

Commissioners to operate and maintain sewer system

 

 

 

 

Time limit

 

In effect

 

________

 

 


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

ê1945 Statutes of Nevada, Page 164ê

CHAPTER 105, AB 261

 

 

 

 

 

 

 

 

 

 

 

 

Fees and salaries

 

 

 

 

 

 

 

 

 

 

 

 

 

Warrants to be drawn for claims allowed

 

 

 

 

 

 

 

 

 

Treasurer to post notice

[Assembly Bill No. 162–Mr. Folsom]

 

Chap. 105–An Act to further amend an act entitled “An act to incorporate Carson City,” approved February 25, 1875.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

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

      Section 19.  The fees, salaries, or compensation of the officers hereinbefore provided for, except as may be otherwise provided in this act, shall be regulated by regularly enacted ordinances as to salary, and by resolution as to compensation for persons not regularly employed by the city; provided, that each of the trustees of Carson City, other than the president of the board of trustees, shall receive a salary at the rate of three hundred dollars ($300) the year, payable in equal monthly installments, and the trustee at large and ex officio mayor and president of the board of trustees shall receive a salary at the rate of six hundred dollars ($600) the year, payable in equal monthly installments. All claims for fees or expenses necessarily or properly incurred in carrying on the legitimate purposes and duties of the city government, as provided in this act, shall be presented to the board of trustees, who shall consider and allow or reject the same in their order as presented to the clerk of the board, and the record of their action shall be entered upon their journal. Upon the allowance in whole or in part of any claims by a majority of the board of trustees, the city clerk shall draw a warrant upon the city treasurer for the amount so allowed, and shall state on the same, in general terms, the nature of the claim; upon the presentation of said warrant to the city treasurer he shall immediately pay the same, if, upon reference to its number and the amount of claims allowed by the board and having preference thereto in their order, there is money in his hands in the fund upon which the warrant is drawn to pay the same, but if he has no such money he shall endorse on said warrant “not paid for want of funds,” adding thereto the date of such endorsement, and signing his name officially thereto, and thereafter he shall pay such warrant out of the first money applicable thereto in its order. All warrants drawn upon the general fund shall be numbered according to the order of the allowance of the claim for which the same is drawn. Before twelve o’clock on the second Monday in each month the city treasurer shall put a notice in a conspicuous place in his office, showing the number and amount of each outstanding warrant, if any, which there is money in the general fund to pay, in its order and number.


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

ê1945 Statutes of Nevada, Page 165 (Chapter 105, AB 261)ê

 

there is money in the general fund to pay, in its order and number. On paying any warrant the city treasurer shall write across the face thereof, in red ink, “redeemed,” with the date of redemption and sign his name officially thereto, and the warrant so canceled shall be sufficient voucher for the treasurer as to the amount so paid in his official settlement with the board of trustees, which shall take place annually on the third Monday in December. The president of the board of trustees, or some member of the board appointed by the president, shall once in every three months examine the books and vouchers of the city treasurer concerning the state of finances in his hands, and report the result to the board, which shall be spread at large upon the journal of the board.

      Sec. 2.  This act shall be in full force and effect from and after July 1, 1945.

 

 

 

 

 

 

Examination of treasurer’s accounts

 

 

In effect

 

________

 

CHAPTER 106, AB 531

[Assembly Bill No. 135–Churchill County Delegation]

 

Chap. 106–An Act to amend “An act relating to elections,” approved March 24, 1917.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 38 of the above-entitled act, being section 2475 N. C. L. 1929, is hereby amended to read as follows:

      Section 38.  That members of our armed forces of the United States and other qualified voters stationed in distant lands who make application for absent voter’s ballots may receive and return such absent voter’s ballots in time to be voted at any primary or regular November election, it shall be the duty of county clerks to order the paper to be used for the official primary and regular November election ballots immediately after the closing of the regular primary election registration, forty days preceding the primary election, and shall provide for each election precinct in the county for use in the primary election not more than one hundred fifty ballots for each one hundred voters so registered, and not more than one hundred seventy-five ballots for use in the general November election for each one hundred voters registered as aforesaid for such primary election.

      Ballots for any regular November election shall be printed and mailed to applicants for absent voter’s ballots immediately upon the certification by the secretary of state to the county clerks of the results of such primary election.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty of county clerks

 

 

 

Number of ballots to each 100 voters


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

ê1945 Statutes of Nevada, Page 166 (Chapter 106, AB 531)ê

 

 

Repeal

In effect

      Sec. 2.  All acts and parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed.

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

 

________

 

CHAPTER 107, AB 831

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain section repealed

 

In effect

[Assembly Bill No. 138–Churchill County Delegation]

 

Chap. 107–An Act to amend “An act to provide a method for voting at any general, special or primary elections by qualified voters who by reason of the nature of their vocation or business or other causes are unavoidably absent from the polls of their precincts in the county of their residence on the day of election, providing penalties for the violation thereof, and other matters properly connected therewith,” approved March 11, 1921, as amended, by repealing section 5 of said act.

 

[Approved March 21, 1945]

 

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 2556 N. C. L. 1929, as amended Statutes of Nevada 1943, 167, is hereby repealed.

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

 

________

 

CHAPTER 108, AB 631

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County clerks to forward registry lists

[Assembly Bill No. 136–Churchill County Delegation]

 

Chap. 108–An Act to amend an act entitled “An act regulating the registration of electors for general, special, and primary elections,” approved March 27, 1917.

 

[Approved March 21, 1945]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 11 of the above-entitled act, being section 2370, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 11.  Before the opening of registration for any election, the county clerk shall prepare a list of the persons whose names remain on the official register of each precinct, except the precincts at the county seat of the county, and send such list to the deputy registrar of such precinct. Said list shall consist of the name of the person registered and

 

Link to Page 167