[Rev. 6/2/2018 8:26:37 AM]

Link to Page 432

 

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ê1947 Statutes of Nevada, Page 433 (Chapter 119, AB 481)ê

 

act. The territory to be included within such boundaries need not be contiguous. If the committee shall determine after such hearing, after due consideration of the said relevant facts, that there is no need for a soil conservation district to function in the territory considered at the hearing, it shall make and record such determination and shall deny the petition. After six months shall have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as aforesaid and new hearings held and determinations made thereon.

      C.  After the committee has made and recorded a determination that there is need, in the interest of the public health, safety, and welfare, for the organization of a district in a particular territory and has defined the boundaries thereof, it shall consider the question whether the operation of a district within such boundaries with the powers conferred upon soil conservation districts in this act is administratively practicable and feasible. To assist the committee in the determination of such administrative practicability and feasibility, it shall be the duty of the committee, within a reasonable time after entry of the finding, that there is need for the organization of the proposed district and the determination of the boundaries thereof, to hold a referendum within the proposed district upon the proposition of the creation of the district, and to cause due notice of such referendum to be given.     

      The question shall be submitted by ballots upon which the words “For creation of a soil conservation district of the lands below-described and lying in the county(ies) of………………, and……………………” and “Against creation of a soil conservation district of the lands below described and lying in the county(ies) of ……………… and ……………………” shall be printed, with a square before each proposition and a direction to insert an X mark in the square before one or the other of said propositions as the voter may favor or oppose creation of such district. The ballot shall set forth the boundaries of such proposed district as determined by the committee. All occupiers of lands lying within the boundaries of the territory, as determined by the state soil conservation committee, shall be eligible to vote in such referendum. Only such land occupiers shall be eligible to vote.

      D.  The committee shall pay all expenses for the issuance of such notices and the conduct of such hearings and referenda, and shall supervise the conduct of such hearings and referenda. It shall issue appropriate regulations governing the conduct of such hearings and referenda, and providing for the registration prior to the date of the referendum of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum.

 

 

 

 

 

 

 

 

Referendum held prior to creation of district

 

 

 

 

 

 

 

 

 

Form of ballot

 

 

 

 

 

 

 

 

 

 

Expenses of hearings, etc., paid by committee

 


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ê1947 Statutes of Nevada, Page 434 (Chapter 119, AB 481)ê

 

 

 

 

 

 

Publication of result of referendum; duties of committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Committee to appoint governing body

all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of such referendum or in any matters relating thereto shall invalidate said referendum or the result thereof if notice thereof shall have been given substantially as herein provided and said referendum shall have been fairly conducted.

      E.  The committee shall publish the result of such referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the committee shall determine that the operation of such district is not administratively practicable and feasible, it shall record such determination and deny the petition. If the committee shall determine that the operation of such district is administratively practicable and feasible, it shall record such determination and shall proceed with the organization of the district in the manner hereinafter provided. In making such determination the committee shall give due regard and weight to the attitudes of the occupiers of lands lying within the defined boundaries, the number of land occupiers eligible to vote in such referendum who shall have voted the proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the land occupiers of the proposed district, the probable expense of carrying on erosion-control operations within such district, and such other economic and social factors as may be relevant to such determination, having due regard to the legislative determinations set forth in section 2 of this act; provided, however, that the committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district shall have been cast in favor of the creation of such district.

      F.  If the committee shall determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall appoint two (2) supervisors to act as the governing body of the district, until the time of the election of five supervisors by the qualified electors of the district, at which time such appointments shall be terminated. Such district shall be a governmental subdivision of this state and a public body corporate and politic, upon the taking of the following proceedings:

      The two appointed supervisors shall present to the secretary of state an application signed by them, which shall set forth (and such application need contain no detail other than the mere recitals): (1) that a petition for the creation of the district was filed with the state soil conservation committee pursuant to the provisions of this act, and that the proceedings specified in this act were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this act; and that the committee has appointed them as supervisors; (2) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office; (3) the term of office of each of the supervisors; (4) the name which is proposed for the district; and (5) the location of the principal office of the supervisors of the district.


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ê1947 Statutes of Nevada, Page 435 (Chapter 119, AB 481)ê

 

the mere recitals): (1) that a petition for the creation of the district was filed with the state soil conservation committee pursuant to the provisions of this act, and that the proceedings specified in this act were taken pursuant to such petition; that the application is being filed in order to complete the organization of the district as a governmental subdivision and a public body, corporate and politic, under this act; and that the committee has appointed them as supervisors; (2) the name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office; (3) the term of office of each of the supervisors; (4) the name which is proposed for the district; and (5) the location of the principal office of the supervisors of the district. The application shall be subscribed and sworn to by each of the said supervisors before an officer authorized by the laws of this state to take and certify oaths, who shall certify upon the application that he personally knows the supervisors and knows them to be the officers as affirmed in the application, and that each has subscribed thereto in the officer’s presence. The application shall be accompanied by a statement by the state soil conservation committee, which shall certify (and such statement need contain no detail other than the mere recitals) that a petition was filed, notice issued, and hearing held as aforesaid; that the committee did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof; that notice was given and a referendum held on the question of the creation of such district, and that the result of such referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; that thereafter the committee did duly determine that the operation of the proposed district is administratively practicable and feasible. The said statement shall set forth the boundaries of the district as they have been defined by the committee.

      The secretary of state shall examine the application and statement, and if he finds that the name proposed for the district is not identical with that of any other soil conservation district of this state or so nearly similar as to lead to confusion or uncertainty, he shall receive and file them, and shall record them in an appropriate book of record in his office. If the secretary of state shall find that the name proposed for the district is identical with that of any other soil conservation district of this state, or so nearly similar as to lead to confusion and uncertainty, he shall certify such fact to the state soil conservation committee, which shall thereupon submit to the secretary of state a new name for the said district, which shall not be subject to such defects.

Supervisors to present application to secretary of state; what to contain

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of secretary of state


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ê1947 Statutes of Nevada, Page 436 (Chapter 119, AB 481)ê

 

Duties of secretary of state

 

 

 

 

 

 

 

 

 

 

Subsequent petitions filed, when

 

 

 

Petitions for including additional territory

 

 

 

 

 

 

 

 

In event of suit district deemed established, when

shall thereupon submit to the secretary of state a new name for the said district, which shall not be subject to such defects. Upon receipt of such new name, free of such defects, the secretary of state shall record the application and statement, with the name so modified, in an appropriate book of record in his office. When the application and statement have been made, filed, and recorded, as herein provided, the district shall constitute a governmental subdivision of this state and a public body corporate and politic. The secretary of state shall make and issue to the said supervisors a certificate, under the seal of the state, of the due organization of the said district, and shall record such certificate with the application and statement. The boundaries of such district shall include the territory as determined by the state soil conservation committee as aforesaid, but in no event shall they include any area included within the boundaries of another soil conservation district organized under the provisions of this act.

      G.  After six (6) months shall have expired from the date of entry of a determination by the state soil conservation committee that operation of proposed district is not administratively practicable and feasible, and denial of a petition pursuant to such determination, subsequent petitions may be filed as aforesaid, and action taken thereon in accordance with the provisions of this act.

      H.  Petitions for including additional territory within an existing district may be filed with the state soil conservation committee, and the proceedings herein provided for in the case of petitions to organize a district shall be observed in the case of petitions for such inclusion. The committee shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed in this act for petitions to organize a district. Where the total number of land occupiers in the area proposed for inclusion shall be less than 25, the petition may be filed when signed by a majority of the occupiers of such area, and in such case no referendum need be held. In referenda upon petitions for such inclusion, all occupiers of land lying within the proposed additional area shall be eligible to vote.

      I.  In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established in accordance with the provisions of this act upon proof of the issuance of the aforesaid certificate by the secretary of state. A copy of such certificate duly certified by the secretary of state shall be admissible in evidence in any such suit, action, or proceeding and shall be proof of the filing and contents thereof.


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ê1947 Statutes of Nevada, Page 437 (Chapter 119, AB 481)ê

 

      Sec. 2.  Section 6 of the above-entitled act, being section 6870.06 N. C. L. 1931-1941 Supp., is further 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 five 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 owners of record and all tenants for a term of one year or longer, of agricultural 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 supervisors for such district for the terms of three years each, and the candidates receiving the fourth and fifth highest numbers of votes shall be supervisors for terms of two and one years, respectively. 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 1948 and 1949 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 act. 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 N. C. L. 1931-1941 Supp., is further 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.

 

 

Nomination and election of supervisors; procedure; eligibility of voters

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Governing body, qualifications of


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ê1947 Statutes of Nevada, Page 438 (Chapter 119, AB 481)ê

 

 

 

 

Chairman appointed; term of office of supervisors

 

 

 

 

 

 

County clerk to conduct an election when; procedure; duties of county clerks where lands of district in more than one county

 

 

 

 

 

 

 

 

 

 

 

 

 

Quorum

hereinabove. The two supervisors appointed by the committee shall be persons who are by training and experience qualified to perform the specialized skilled services which will be required of them in the performance of their duties hereunder.

      The supervisors shall designate a chairman and may, from time to time, change such designation. The term of office of each supervisor shall be three (3) years, except that two of the supervisors who are first elected shall be designated to serve for terms of one and two years, respectively, from the date of their election. 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 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.


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ê1947 Statutes of Nevada, Page 439 (Chapter 119, AB 481)ê

 

their duties shall be required for its determination. A supervisor shall receive no compensation for his services, but he shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his duties.

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

      The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements. 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 interest of such municipality or county.

 

 

 

Supervisors may employ assistants

 

 

 

 

 

 

 

 

 

Surety bonds for employees

 

 

 

 

 

Legislative bodies may be represented on board

 

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ê1947 Statutes of Nevada, Page 440ê

CHAPTER 120, AB 662

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of sheriff; ex officio services

 

 

 

 

 

 

 

 

 

Fees and mileage; travel expenses in lieu of mileage

 

 

 

 

 

Sheriff ex officio assessor

[Assembly Bill No. 266–Nye County Delegation]

 

Chap. 120–An Act to amend an act entitled “An act fixing the compensation of certain officers in Nye County, and other matters relating thereto,” approved March 22, 1945.

 

[Approved March 27, 1947]

 

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 Statutes of 1945, chapter 139, page 218, is hereby amended to read as follows:

      Section 1.  From and after the first day of April 1947 the sheriff of Nye County, Nevada, shall receive a salary of three thousand six hundred ($3,600) dollars per annum in full compensation for his services to said county as sheriff or in any ex officio capacity of any kind whatsoever, and he may appoint a deputy who shall receive a salary of not more than two hundred twenty-five ($225) dollars, and a second deputy who shall receive a salary of not more than two hundred ($200) dollars per month. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the board of county commissioners; provided, however, that the sheriff shall collect for all services in his office, and pay over monthly into the county treasury of said county, such fees as are provided for in an act of the legislature of the State of Nevada entitled “An act to regulate fees and compensation for official and other services in the State of Nevada, and to repeal all other acts in relation thereto,” approved February 27, 1883; provided, that in lieu of the mileage provided in said act the sheriff shall charge and collect as mileage any actual and necessary traveling expenses of himself or deputy in the service of any summons and complaints or other process issuing out of the district court; provided further, that where there is a deputy or other officer competent to perform said service, without the sheriff actually incurring any traveling expenses, no mileage shall be charged. Said sheriff shall continue to act as ex officio assessor of said county without additional compensation, and shall have such deputies, to be named by him, as the county commissioners may, by unanimous consent, deem necessary, and at such compensation and for such time as they may direct, which compensation shall not exceed one hundred seventy-five ($175) dollars per month per deputy.

      Sec. 2.  Section 2 of the above-entitled act, being Statutes of 1945, chapter 139, page 219, is hereby amended to read as follows:

 


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ê1947 Statutes of Nevada, Page 441 (Chapter 120, AB 662)ê

 

of 1945, chapter 139, page 219, is hereby amended to read as follows:

      Section 2.  The county clerk and treasurer shall receive a salary of three thousand ($3,000) dollars per annum for all his services in said office, and shall be allowed one deputy, to be named by him, at a compensation of not more than one hundred eighty-five ($185) dollars per month. Neither the county clerk nor his deputy shall receive, either directly or indirectly, for any services any other of the public moneys of the state or county.

      The board of county commissioners, by unanimous consent, may allow the ex officio treasurer to have such other typists or stenographers as in their judgment may be necessary at such compensation and for such length of time as they may direct, which compensation shall not exceed one hundred sixty ($160) dollars per month for each such typist or stenographer.

      The county clerk shall collect in advance, and monthly turn into the county treasury, such fees and compensations as are now provided by law for services in his office.

      Sec. 3.  Section 3 of the above-entitled act, being Statutes of 1945, chapter 139, page 220, is hereby amended to read as follows:

      Section 3.  The county recorder and auditor of said county shall receive a salary of three thousand ($3,000) dollars per annum as compensation for all his services as such officer. He shall collect and pay into the county treasury of the county all such fees as are now provided for by law. He shall be allowed one deputy, to be named by him, at a salary not more than one hundred eighty-five ($185) dollars per month, and shall have such clerks or typists to be named by him, as the board of county commissioners, by unanimous consent, may deem necessary, and at such compensation and for such time as they may direct, which compensation shall not exceed one hundred sixty ($160) dollars per month for each such clerk or typist.

      Sec. 4.  Section 4 of the above-entitled act, being Statutes 1945, chapter 139, page 220, is hereby amended to read as follows:

      Section 4.  The district attorney shall receive a salary of three thousand ($3,000) dollars per annum for all his services as such officer. He shall have a clerk or stenographer, to be named by him, at a compensation of not more than one hundred sixty-five ($165) dollars per month. He shall have such deputy or deputies, to be named by him, as the board of county commissioners of said Nye County, by unanimous consent, may deem necessary, and at such time and for such time as they may direct. Any such deputy shall receive a salary of not more than one hundred fifty ($150) dollars per month, to be fixed by the board of county commissioners.

 

Salary of clerk and treasurer

 

 

 

 

Additional assistants

 

 

 

 

Disposition of fees

 

 

 

 

Salary of recorder and auditor

 

Deputy; compensation

 

 

 

 

 

 

 

Salary of district attorney; stenographer; deputy. compensation; travel expense


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ê1947 Statutes of Nevada, Page 442 (Chapter 120, AB 662)ê

 

 

 

 

 

 

 

 

Repeal

 

Effective date; expiration

salary of not more than one hundred fifty ($150) dollars per month, to be fixed by the board of county commissioners. He shall be allowed all his actual traveling expenses, to consist of actual cost of his transportation and living expenses while absent from the county seat in the performance of his official duties; provided, said expenses shall be first audited and allowed by the said board of county commissioners. The district attorney shall receive no fees or compensation other than is herein provided for the performance of his official duties.

      Sec. 5.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 6.  This act shall be in full force and effect from and after April 1, 1947, and shall expire on March 31, 1949.

 

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CHAPTER 121, AB 332

 

 

 

 

 

 

 

 

 

 

 

Commissioners authorized to transfer dormant fund to general fund

 

 

 

 

Certain act repealed

 

 

 

In effect

[Assembly Bill No. 233–Committee on Counties and County Boundaries]

 

Chap. 121–An Act to authorize county commissioners in the several counties in this state, with the approval of the state board of finance, to transfer dormant balances in county funds, and repealing a certain act in conflict therewith.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners in the several counties in this state are hereby authorized and empowered to order the transfer from any fund of such county to the general fund of the county any balance that is dormant in any fund (except the school fund) whenever the money remaining in such fund is no longer required for the purpose for which such fund was established; provided, that the county commissioners before the adoption of any such order shall forward a certified copy thereof to the state board of finance for its approval, and no such order shall become effective until approved by the state board of finance.

      Sec. 2.  That certain act entitled “An act to authorize the county commissioners in the several counties in this state to loan or transfer surplus money from one fund to another,” approved February 9, 1881, the same being section 1976 Nevada Compiled Laws 1929, is hereby repealed.

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

 

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ê1947 Statutes of Nevada, Page 443ê

CHAPTER 122, AB 851

[Assembly Bill No. 158–Mr. Wines]

 

Chap. 122–An Act to amend an act entitled “An act relating to the licensing of persons operating motor vehicles upon highways and to make uniform the laws relating thereto, providing for a board of examiners therefor, defining the duty of certain officers and other persons in relation thereto, and other matters properly relating thereto,” approved March 31, 1941, as amended.

 

[Approved March 27, 1947]

 

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 4442.32, N. C. L. 1931-1941 Supplement, as amended by chapter 18, Statutes of Nevada 1943, at page 273, is amended to read as follows:

      Section 33.  The department shall forthwith revoke the license of any operator or chauffeur upon receiving a record of such operator’s or chauffeur’s conviction of any of the following offenses, when such conviction has become final:

      1.  Manslaughter (or negligent homicide) resulting from the operation of a motor vehicle;

      2.  Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug; provided, however, the revocation provided for in this subsection shall in no event exceed the time fixed as provided in sec. 4351 Nevada Compiled Laws 1929, as amended, as the same now is or may hereafter be amended;

      3.  Any felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle;

      4.  Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

      5.  Perjury or the making of a false affidavit or statement under oath to the department under this act or under any other law relating to the ownership or operation of motor vehicles;

      6.  Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of twelve months.

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department to revoke license, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

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ê1947 Statutes of Nevada, Page 444ê

CHAPTER 123, AB 161

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of commission

 

 

 

 

 

 

 

 

 

Proviso re contracts

 

 

 

 

 

 

 

Credit of state pledged

[Assembly Bill No. 161–Committee on Ways and Means]

 

Chap. 123–An Act to amend the act entitled “An act creating a commission to be known as the Colorado river commission of Nevada, defining its powers and duties, and making an appropriation for the expenses thereof, and repealing all acts and parts of acts in conflict with this act,” approved March 20, 1935.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act is amended by adding a new section thereto immediately after section 7 (1929 N. C. L. 1941 Supp. sec. 1443.07, as amended by chapter 148, Statutes of Nevada 1943), to be known as section 7a, and reading as follows:

      Section 7a.  1.  Notwithstanding anything in this act or in section 7 thereof to the contrary, the commission is hereby authorized to request, on behalf of the State of Nevada, in accordance with general regulations promulgated by the secretary of the interior of the United States May 20, 1941, or to be hereafter promulgated by that officer, for generation and sale of power in accordance with the Boulder canyon project adjustment act, the installation of such generating machinery and equipment, which said commission in its discretion may deem necessary or convenient to meet and serve the future power demands and requirements of the State of Nevada, and said commission is hereby authorized and directed to negotiate for and obtain and enter into and execute and cause to be executed such contracts, documents, and instruments appropriate and requisite to carry such requests into effect; provided, however, that before executing any such request the commission shall enter into contracts for the sale of sufficient electrical energy to meet all periodic charges or additional charges, whose payment has been guaranteed by the State of Nevada, which contracts shall have been made with responsible contractors within the State of Nevada, who shall secure the State of Nevada by indemnifying bonds, collateral, or other security, against loss and for the faithful performance of their contracts, as provided in section 7 of this act.

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


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ê1947 Statutes of Nevada, Page 445 (Chapter 123, AB 161)ê

 

observed, or fulfilled on the part of said state, in any contract heretofore or hereafter entered into with the United States of America.

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

 

 

In effect

 

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CHAPTER 124, AB 252

[Assembly Bill No. 252–Committee on Judiciary]

 

Chap. 124–An Act to amend an act entitled “An act relating to marriage and divorce,” approved November 28, 1861.

 

[Approved March 27, 1947]

 

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 sec. 4051 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  Male persons of the age of eighteen years, and female persons of the age of sixteen years, not nearer of kin than second cousins or cousins of the half blood, and not having a husband or wife living, may be joined in marriage; provided, always, that male persons under the age of twenty-one years, and female persons under the age of eighteen years, shall first obtain the consent of their fathers, respectively, or in case of the death or incapacity of their fathers, then of their mothers or guardians; and if such consent is not first obtained as herein provided, then such marriage contracted without the consent of the father, mother, or guardian may be annulled upon application by or on behalf of the party or parties under such ages who fail to obtain such consent; unless, however, such male persons after reaching the age of twenty-one years or such female persons after reaching the age of eighteen years freely cohabit for any time with the other party to the marriage as husband or wife; provided further, however, that any such annulment proceedings must be brought within one year after such male persons reach the age of twenty-one years, or after such female persons reach the age of eighteen years; and provided further, that nothing in this act shall be construed so as to make the issue of any marriage illegitimate if the person or persons shall not be of lawful age.

      Sec. 2.  Section 19 of the above-entitled act, being sec. 4067 N. C. L. 1929, is hereby amended to read as follows:

      Section 19.  When either of the parties to a marriage, for want of age or understanding shall be incapable of assenting thereto, or when the consent of the father, mother, or guardian as required by section 2 hereof has not been obtained, or when fraud shall have been proved, the marriage shall be void from the time its nullity shall be declared by a court of competent authority; provided, however, that no marriage may be annulled for want of age or understanding, or for failure of a female person under the age of eighteen years or a male person under the age of twenty-one years to obtain the consent of such person’s father, mother, or guardian, if the parties to the marriage voluntarily cohabit as husband and wife after attaining the age of consent as provided in section 300 N.

 

 

 

 

 

 

 

 

 

 

 

 

Legal age; consanguinity; consent of parents

 

 

 

 

Annulment, when

 

 

 

 

 

 

Issue not illegitimate, when

 

 

 

Marriage void, when


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

ê1947 Statutes of Nevada, Page 446 (Chapter 124, AB 252)ê

 

 

Effect of voluntary cohabitation

 

 

 

 

 

 

 

 

Marriage not adjudged a nullity, when

 

 

Cohabitation after disability removed, effect of

 

Repeal

In effect

 

void from the time its nullity shall be declared by a court of competent authority; provided, however, that no marriage may be annulled for want of age or understanding, or for failure of a female person under the age of eighteen years or a male person under the age of twenty-one years to obtain the consent of such person’s father, mother, or guardian, if the parties to the marriage voluntarily cohabit as husband and wife after attaining the age of consent as provided in section 300 N. C. L. 1929 and; provided further, that no marriage may be annulled for fraud if the parties to the marriage voluntarily cohabit as husband and wife after having received knowledge of such fraud.

      Sec. 3.  Section 20 of the above-entitled act, being sec. 4068 N. C .L. 1929 is hereby amended to read as follows:

      Section 20.  In no case shall a marriage be adjudged a nullity, on the ground that one of the parties was under the age of legal consent, or failed to obtain the consent of his or her father, mother, or guardian as provided in section 2 of this act, if it shall appear that the parties, after they attained such age, that is, eighteen for females, twenty-one for males, had, for any time, freely cohabited together as husband and wife, nor shall the marriage of any insane person be adjudged void, after his restoration to reason, if it shall appear that the parties freely cohabited together as husband and wife after such insane person was restored to sound mind.

      Sec. 4.  All acts and parts of acts in conflict with this act are hereby repealed.

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

 

________

 

CHAPTER 125, AB 891

 

[Assembly Bill No. 198–Messrs. Gray and Jepson]

 

Chap. 125–An Act providing that bonds authorized to be issued by the board of trustees of any school districts within the State of Nevada having a population of five thousand people or more for the purpose of erecting and furnishing school buildings may mature in such annual amounts over a period of not exceeding twenty years from the date of issue as may be determined by the board of trustees of the school district, and giving priority to the taxes to be levied for the payment of such bonds.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Bonds authorized to be issued by the board of trustees of any school district within the State of Nevada having a population of five thousand (5,000) people or more for the purpose of erecting and furnishing school buildings may mature in such annual amounts over a period of not exceeding twenty years from the date of issue as may be determined by the board of trustees of the district.


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

ê1947 Statutes of Nevada, Page 447 (Chapter 125, AB 891)ê

 

having a population of five thousand (5,000) people or more for the purpose of erecting and furnishing school buildings may mature in such annual amounts over a period of not exceeding twenty years from the date of issue as may be determined by the board of trustees of the district.

      Sec. 2.  In any year in which the total taxes levied by all overlapping political subdivisions and taxing units in any school district within the State of Nevada having a population of five thousand (5,000) people, or more, may exceed the limitation of five cents on the dollar imposed by section 2 of article X of the constitution of the State of Nevada, and it shall become necessary by reason thereof to reduce the levies made in behalf of any such school district, the reductions so made shall be in taxes levied for or by the school district for purposes other than the payment of its bonded indebtedness, the taxes levied hereafter for the payment of any bonded indebtedness of the school district shall always have a priority over taxes levied for or on behalf of the school district for all other purposes where reduction is necessary in order to comply with the limitations of section 2 of article X.

      Sec. 3.  If any provision of this act, or the application thereof to any person or circumstance is held by any court of competent jurisdiction to be invalid or ineffective for any reason, the remainder of this act and the application of such provision to other persons and circumstances shall not be affected thereby.

      Sec. 4.  All acts and parts of acts in conflict herewith are to the extent of such conflict hereby repealed.

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

School building bonds, limitation of maturity

 

 

Priority of taxes re bonded indebtedness

 

 

 

 

 

 

 

 

 

Constitutionality

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 126, AB 922

[Assembly Bill No. 229–Committee on Judiciary]

 

Chap. 126–An Act to amend an act entitled “An act to provide for the appointment of a state auditor, fix his compensation, prescribe his duties, to inspect and audit public accounts, and to establish a uniform system of public accounting, cost-keeping, and reporting, and matters relating thereto, and to repeal certain acts and parts of acts in conflict herewith,” approved March 10, 1917.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 3 1/2 of the above-entitled act, being section 7338 Nevada Compiled Laws 1929, is hereby amended to read as follows:

 


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

ê1947 Statutes of Nevada, Page 448 (Chapter 126, AB 922)ê

 

State auditor ex officio clerk board of examiners; duties

 

 

 

 

 

 

 

 

 

 

 

In effect

      Section 3 1/2.  In addition to the other duties imposed by law on the state auditor, he shall be ex officio clerk of the board of examiners, and shall assist the board of examiners in the examination, classification, and preparation for audit of all the claims required to be presented to said board, and he shall check and audit all such claims before they are submitted to said board, and he shall prepare a statement in writing listing all claims checked and audited by him prior to the expiration of thirty days from said checking and auditing thereof, which said statement shall contain the number of each claim, name of claimant, nature and substance thereof, and the amount found due and owing thereon, and submit the same, together with each individual claim so listed in said statement, to the board. The general rules of procedure governing the aforesaid duties of the auditor shall be promulgated by the board of examiners, and shall be consistent with the provisions of this section; provided, the state auditor may delegate the duties hereinabove set forth to his duly appointed and qualified deputy.

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

 

________

 

CHAPTER 127, AB 541

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Physician’s certificate

[Assembly Bill No. 145–Mr. Gallagher]

 

Chap. 127–An Act to further amend an act entitled “An act providing for the issuance and licenses to hoisting engineers; providing a fee for such license; creating district boards of examiners; providing for revocation of licenses; creating the hoisting engineers’ license fund in the state treasury; making a temporary appropriation for carrying out the purposes of this act, and providing a penalty for violation of any of the provisions thereof,” approved March 22, 1921, as amended.

 

[Approved March 27, 1947]

 

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 4260 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  Each applicant for license or for change in class or renewal of his license must file with his application for same a certificate from a licensed physician stating the condition of the applicant’s heart, sight, and hearing, and whether in the doctor’s opinion the applicant is physically qualified to run hoist.


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

ê1947 Statutes of Nevada, Page 449 (Chapter 127, AB 541)ê

 

      Sec. 2.  Section 9 of the above-entitled act, being section 4265 N. C. L. 1931-1941 Supplement, is hereby amended to read as follows:

      Section 9.  Licenses issued under this act shall be divided into three classes, namely, first class, second class, and third class. No person shall be granted a first-class license who has not taken and subscribed to an oath that he has had at least two years’ experience in the operation of at least one of the engines named in section 1 of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery. Second-class licenses shall be divided into two classes, namely, single drum and double drum, and any person who otherwise meets the legal requirements for the issuance of the second-class license shall not be refused the same by reason of the fact that he has had experience in the operation of hoisting machinery of the single-drum type only; provided, that each second-class license, when granted, shall designate whether it be for the operation of hoisting machinery of the single-drum or double-drum type; provided further, that no person shall be granted a second-class license who has not taken and subscribed to an oath, and proved to the satisfaction of the board of examiners that he has had at least one year’s experience, and that he is competent to operate at least one of the engines named in section 1 of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery. No person shall be granted a third-class license who has not taken and subscribed to an oath, and proved to the satisfaction of the board of examiners that he has had sufficient experience and is competent to operate at least one of the engines named in section 1 of this act, and whose knowledge of the construction and operation of the machine he is to be licensed to take charge of is such as to justify the belief of the board of examiners that he is competent to take charge of and operate such machinery. Any man over twenty years of age and not addicted to the use of intoxicating liquors or drugs may be an apprentice hoisting engineer, but only under the tutelage of a hoisting engineer who holds a Nevada hoisting engineer’s license in good standing and qualifying said engineer to operate the type and horsepower of hoist in which operation the apprentice hoisting engineer is being instructed; provided, when a signal is given to hoist or lower men, the licensed engineer there present must take charge of the hoist; the apprentice shall not be allowed to handle the hoist when men are on the cage or skip until such apprentice has been examined by the board of hoisting engineers, as provided in this act, and has been granted a hoisting engineer’s license authorizing him to operate hoisting engines of the type and horsepower of such hoist.

 

 

Classes of license

 

 

 

 

 

 

 

 

 

 

Qualifications for respective classes

 

 

 

 

 

 

 

 

 

 

 

 

Apprentice hoisting engineer, age and qualifications

 

 

Proviso


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

ê1947 Statutes of Nevada, Page 450 (Chapter 127, AB 541)ê

 

 

 

 

 

In effect

shall not be allowed to handle the hoist when men are on the cage or skip until such apprentice has been examined by the board of hoisting engineers, as provided in this act, and has been granted a hoisting engineer’s license authorizing him to operate hoisting engines of the type and horsepower of such hoist.

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

 

________

 

CHAPTER 128, AB 261

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commission as a board to act with state board of control

 

 

Board to negotiate re property of Basic Magnesium, Inc.

[Assembly Substitute for Assembly Bill No. 162–Committee on Ways and Means]

 

Chap. 128–An Act authorizing the purchase, lease, hire, exchange, transfer, or acquisition by gift or use, from the war assets administration or other agency of the United States government of installations, equipment, rights and other property of and appurtenant to the Basic Magnesium Incorporated enterprise in Clark County, Nevada, and elsewhere; providing for the disposition of property to be so acquired and authorizing use of Colorado river commission funds for necessary expenditures to carry out the purpose of this act, and defining the duties of certain boards, commissions, or others in relation thereto.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The members of the Colorado river commission of Nevada as at present constituted or as may be changed from time to time are hereby constituted a board of commissioners to act as such in conjunction with and upon the approval of the state board of control of the State of Nevada, for the purposes of this act, and are hereinafter referred to as the board.

      Sec. 2.  Said board is hereby authorized, empowered, and directed, with the approval of the state board of control, to negotiate for the purchase, lease, hire, exchange, transfer, acquisition by gift or use from the war assets administration or any other agency of the United States government or corporation controlled by said government, any installation, equipment, rights, or other property of or appurtenant to the Basic Magnesium, Incorporated, enterprise in Clark County or elsewhere in the State of Nevada, in its discretion considered desirable, upon the most favorable terms considered by said board to be obtainable from said government, agencies, or corporation. Said board is hereby empowered to act for and do all things necessary or convenient for the said purposes, as a board of commissioners of the State of Nevada in the name of the State of Nevada, and with the approval of the state board of control, including the signing and execution of all contracts and the acceptance and ratification of all terms, covenants, conditions, and limitations in such contracts that may be required by the government of the United States or such agencies or corporations agreeable to any act of Congress or any regulation made pursuant thereto.


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

ê1947 Statutes of Nevada, Page 451 (Chapter 128, AB 261)ê

 

to act for and do all things necessary or convenient for the said purposes, as a board of commissioners of the State of Nevada in the name of the State of Nevada, and with the approval of the state board of control, including the signing and execution of all contracts and the acceptance and ratification of all terms, covenants, conditions, and limitations in such contracts that may be required by the government of the United States or such agencies or corporations agreeable to any act of Congress or any regulation made pursuant thereto.

      Sec. 3.  The faith of the State of Nevada is hereby pledged to the performance and observance of all promises and undertakings so made in its name by said board acting pursuant to this act, subject to the approval of the state board of control.

      Sec. 4.  The said board, after acquisition as aforementioned of any of the said property, shall have the right to, and they are hereby authorized to, negotiate for the sale, allotment, distribution, lease, sublease, of all or any such property to private corporations, concerns, or individuals on such terms as the board in its discretion shall deem to be just; provided, that no sale of any real property may be made without approval of the state board of control and the legislature of the State of Nevada. The proceeds of any sale, allotment, distribution, lease, sublease, granted as herein provided, shall be devoted on account in the first instance to carrying out the contract with the government of the United States or its agencies or corporations, referred to herein, with the balance paid into the general fund in the state treasury.

      Sec. 5.  For the purposes of carrying out the provisions of this act the Colorado river commission of Nevada is hereby authorized to expend moneys from the funds available to it from the surplus and revenues now received from the sale of power and water under the provisions of the present Colorado river commission act of Nevada, being chapter 71, 1935 Statutes of Nevada, as amended.

      Sec. 6.  For the purpose of this act the board herein established is empowered to sue and be sued in its own name.

      Sec. 7.  This act shall take effect upon its passage and approval.

Powers of board

 

 

 

 

 

 

Faith of state pledged

 

 

Powers of board, disposal of property

 

 

 

 

Disposition of proceeds

 

 

 

Funds authorized for expenditures

 

 

 

Powers of board re suits

 

In effect

 

________

 

 


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

ê1947 Statutes of Nevada, Page 452ê

CHAPTER 129, AB 082

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Salary of county clerk

 

 

In effect

[Assembly Bill No. 280–Mr. Frey]

 

Chap. 129–An Act to amend an act entitled “An act concerning certain county officers in the county of Churchill, State of Nevada, fixing the salaries and compensation, and other matters properly relating thereto, and repealing all acts and parts of acts in conflict with this act,” approved March 22, 1945.

 

[Approved March 27, 1947]

 

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 Statutes of Nevada 1945, chapter 159, page 248, is hereby amended to read as follows:

      Section 5.  The county clerk and ex officio clerk of the county commissioners and ex officio clerk of the county board of equalization and ex officio treasurer shall receive the sum of three thousand ($3,000) dollars per annum.

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

 

________

 

CHAPTER 130, AB 452

 

 

 

 

 

 

 

 

 

 

 

 

Film-a-record machine, etc. authorized

 

 

Appropriation

 

 

 

In effect

[Assembly Bill No. 254–Committee on Ways and Means]

 

Chap. 130–An Act authorizing the purchase of a film-a-record machine to be used by the several departments of the State of Nevada, and the purchase of a dex-i-graph machine to be used by the department of vital statistics of the State of Nevada, and to provide for an appropriation for such purpose.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The State of Nevada is hereby authorized to purchase one (1) film-a-record machine for the use of all state offices and to purchase one (1) dex-i-graph machine to be used by the department of vital statistics in the reproduction of copies of birth and death records.

      Sec. 2.  There is hereby appropriated out of any funds in the state treasury of the State of Nevada, not otherwise specifically allotted, the sum of four thousand eight hundred ($4,800) dollars for the purchase and transportation to the state capitol at Carson City, Nevada, one (1) dex-i-graph machine and one (1) film-a-record machine.

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

 

________


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

ê1947 Statutes of Nevada, Page 453ê

CHAPTER 131, AB 352

[Assembly Bill No. 253–Committee on Judiciary]

 

Chap. 131–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.

 

[Approved March 27, 1947]

 

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 4435.09, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 10.  Upon a registration of a vehicle the department shall issue a certificate of registration to the owner and a certificate of ownership to the legal owner, or both to a person who is both owner and legal owner; provided, however, that when an applicant for registration or transfer of registration shall be unable, for any reason, to submit to the department in support of such application for registration, or transfer of registration, such documentary evidence of legal ownership as, in the opinion of the department, is sufficient to establish the legal ownership of the vehicle concerned in the application for registration or transfer of registration, then the department may issue to such applicant only a certificate of registration, across the face of which shall be printed in red ink a statement that no Nevada title, or certificate of ownership, has been issued; provided further, that whenever, at any time subsequent to the issuance of a certificate of registration without a certificate of ownership, as above authorized, there shall be submitted to the department proof acceptable to it that the legal ownership of the vehicle concerned is in applicant, such applicant may surrender to the department the certificate of registration issued for such vehicle without a certificate of title or ownership, whereupon the department may reissue to such applicant a certificate of registration, also of ownership, for such vehicle.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate of registration and ownership issued

 

Certificate of registration only issued, when

 

 

 

Certificate of ownership issued on proof of ownership


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

ê1947 Statutes of Nevada, Page 454 (Chapter 131, AB 352)ê

 

 

 

 

 

Contents of certificates

 

 

 

 

 

 

 

 

Registration certificate posted in vehicle

 

 

 

 

 

 

In effect

the department the certificate of registration issued for such vehicle without a certificate of title or ownership, whereupon the department may reissue to such applicant a certificate of registration, also of ownership, for such vehicle. Certificates of registration and of ownership shall meet the following requirements:

      (1) Both the certificate of registration and the certificate of ownership shall contain upon the face thereof the date issued, the registration number assigned to the owner and to the vehicle, the name and address of the owner and legal owner in typewriting, also such description of the registered vehicle including the date first sold by the manufacturer or dealer to the consumer and such other statement of facts as may be determined by the department.

      (2) The reverse side of the certificate of ownership only shall contain forms for notice to the department of a transfer of the title or interest of the owner or legal owner and application for registration by the transferee.

      (3) Whenever a vehicle is first registered hereunder the department shall issue a suitable container with the certificate of registration issued for such vehicle. Every owner upon receipt of a certificate of registration shall place the same in the container furnished therewith and shall securely fasten the same in plain sight within the driver’s compartment of the vehicle for which such certificate is issued, or in the event the vehicle is a motorcycle, a trailer or semitrailer, shall fasten the certificate of registration thereto in plain sight or carry such certificate in the tool bag or other convenient receptacle attached to such vehicle.

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

 

________

 

CHAPTER 132, AB 072

 

 

 

 

 

 

 

 

 

 

Children’s home barn, appropriation for

[Assembly Bill No. 270–Committee on Ways and Means]

 

Chap. 132–An Act making an appropriation for the construction of a certain building at the Nevada state children’s home.

 

[Approved March 27, 1947]

 

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 five thousand ($5,000) dollars, for the biennium ending June 30, 1947, for the purpose of erecting, at the Nevada state children’s home in Carson City, Nevada, a milk barn suitable to the needs of said children’s home.

 


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

ê1947 Statutes of Nevada, Page 455 (Chapter 132, AB 072)ê

 

home. Any unexpended balance of this appropriation shall revert to the general fund, on expiration of the biennium.

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

 

 

In effect

 

________

 

CHAPTER 133, AB 19

[Assembly Bill No. 91–Mr. Folsom]

 

Chap. 133–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, as amended.

 

[Approved March 27, 1947]

 

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 18, Statutes of Nevada 1945, is hereby amended to read as follows:

      Section 1.  The children residing at the state orphan’s home shall be included in the school census of Carson City school district, and in consideration of the allowance of seven thousand five hundred ($7,500) dollars for the biennium ending June 30, 1949, 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State orphans’ home children to attend Carson City schools; appropriation

 

 

 

 

In effect

 

________

 

CHAPTER 134, AB 912

[Assembly Bill No. 219–Committee on Livestock]

 

Chap. 134–An Act to amend an act entitled “An act providing for the organization of fire protection districts upon certain lands within the State of Nevada, providing for the regulation thereof, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 23, 1937.

 

[Approved March 27, 1947]

 

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 1929.01 N. C. L. 1931-1941 Supplement, is amended to read as follows:

 


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

ê1947 Statutes of Nevada, Page 456 (Chapter 134, AB 912)ê

 

Organization county fire protection districts

 

 

 

 

 

Election districts established; election of director

 

 

 

 

 

 

In effect

      Section 1.  Contiguous unincorporated territory lying within one or more counties and not included in any other fire protection district and not including timber land patrolled by the U. S. forest service or in accordance with the rules and regulations of said U. S. forest service, may be formed into a county fire protection district in the manner and under the proceedings hereinafter set forth.

      Sec. 2.  Section 4 of the above-entitled act, being section 1929.04 N. C. L. 1931-1941 Supplement, is amended to read as follows:

      Section 4.  When, under the provisions of the preceding section, the boundaries of the proposed district shall be defined and established by said board, the board of commissioners shall make an order dividing said district into three or five divisions as nearly equal in size as practicable, which divisions shall be numbered consecutively, and constitute election precincts for said district, and one director, who shall be a property owner of the precinct for which he is elected, shall be elected as hereinafter provided, by each precinct; provided, that when requested in the petition, three directors, who shall be property owners of the district, shall be elected at large by the district.

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

 

________

 

CHAPTER 135, AB 671

 

 

 

 

 

 

 

 

Preamble

[Assembly Bill No. 176–Committee on Military and Indian Affairs]

 

Chap. 135–An Act to amend an act entitled “An act concerning crimes and punishments and repealing certain acts relating thereto,” approved March 17, 1911, by repealing certain sections thereof.

 

[Approved March 27, 1947]

 

      Whereas,The present laws of the State of Nevada are inconsistent with certain federal laws, in that the state law provides that the violation of present statutes prohibiting the sale of intoxicating liquor to Indians be punished as a felony, whereas the like violation of federal statutes is punished only as a misdemeanor; and

      Whereas, A further inconsistency exists in the law, in that prohibition laws have been repealed for all persons other than Indians; and

      Whereas, In the words of a former United States district judge the present laws were passed many years ago to correct evils that no longer exist; and

      Whereas, A widespread practice of connivance by other persons to procure intoxicating liquor for Indians flaunts the law and teaches Indians disregard for all law; and


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

ê1947 Statutes of Nevada, Page 457 (Chapter 135, AB 671)ê

 

      Whereas, Indian war veterans who fought gallantly in a war which they were told was to spread the four freedoms to the four corners of the earth, might raise a question as to just what freedom is; and

      Whereas, Both houses of the 1945 legislature passed a resolution asking the Congress of the United States to repeal the unfair discriminatory class legislation now in force and effect.

 

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

Assembly, do enact as follows:

 

      Section 1.  Sections 242 and 242a of the above-entitled act, being sections 10189 and 10190 N. C. L. 1929, are hereby repealed.

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

Preamble

 

 

 

 

 

 

 

 

 

Certain acts repealed

 

In effect

 

________

 

CHAPTER 136, AB 59

[Assembly Bill No. 95–Committee on Ways and Means]

 

Chap. 136–An Act providing for an emergency appropriation for the support of the Nevada school of industry; directing the sum of three thousand, three hundred eighteen ($3,318) 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 March 27, 1947]

 

      Whereas, The forty-second legislative session appropriated the sum of forty-four thousand eight hundred ($44,800) dollars for the support of the Nevada school of industry for the biennium ending June 30, 1947, of which sum there was apportioned for the payment of salaries of instructors and employees the sum of fourteen thousand seven hundred ($14,700) dollars, and for the payment of traveling expenses the sum of two thousand nine hundred fifty ($2,950) dollars; and

      Whereas, Because of general labor conditions, the Nevada school of industry has been unable to attract, hire, or retain personnel at salaries as budgeted in 1945, and has found it necessary to raise the schedule of salaries above the estimates of such budget, thereby creating a deficiency of funds within the apportionment for salaries of instructors and employees; and

      Whereas, Because of the special qualifications required of personnel engaged in juvenile services, and the unusually long hours required in such services, such persons are entitled to compensation relatively equal to salaries paid in other fields of service; and

 

 

 

 

 

 

 

 

 

 

 

Preamble

 


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ê1947 Statutes of Nevada, Page 458 (Chapter 136, AB 59)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation for support of school

 

 

 

 

 

 

 

In effect

to compensation relatively equal to salaries paid in other fields of service; and

      Whereas, The costs of travel in claiming persons committed to the Nevada school of industry, from the various juvenile courts of the state, has reached a figure greater than was budgeted in 1945 and thereby created a deficiency of funds within the apportionment for traveling expenses; and

      Whereas, The requirements of the Nevada school of industry, for the period ending June 30, 1947, will be, for salaries of instructors and employees, three thousand eighteen ($3,018) dollars, and for traveling expenses three hundred ($300) dollars.

 

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

Assembly, do enact as follows:

 

      Section 1.  For the support of the Nevada school of industry there is hereby appropriated out of the general fund of the State of Nevada the sum of three thousand three hundred eighteen ($3,318) dollars for the period ending June 30, 1947, apportioned as follows:

      For the payment of salaries of instructors and employees, the sum of three thousand eighteen ($3,018) dollars;

      For the payment of traveling expenses the sum of three hundred ($300) dollars.

      Sec. 2.  The state controller and the state treasurer are directed to do all things needful to effectuate the purpose of this act.

      Sec. 3.  This act is declared an emergency measure, and shall be effective from and after its passage and approval.

 

________

 

CHAPTER 137, AB 812

 

 

 

 

 

 

 

 

 

 

 

 

 

Misdemeanor, penalty

 

[Assembly Bill No. 218–Committee on Livestock]

 

Chap. 137–An Act to amend an act entitled “An act defining certain crimes as misdemeanors, providing a penalty therefor, and other matters related thereto,” approved March 26, 1929.

 

[Approved March 27, 1947]

 

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 sec. 10558 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  Any person who shall willfully or negligently commit any of the acts hereinafter enumerated in this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than fifteen ($15) dollars, nor more than five hundred ($500) dollars, or by imprisonment in the county jail not more than six (6) months, or by both such fine and imprisonment.


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

ê1947 Statutes of Nevada, Page 459 (Chapter 137, AB 812)ê

 

imprisonment in the county jail not more than six (6) months, or by both such fine and imprisonment.

      (a) Throwing or placing any lighted cigarette, cigar, ashes, matches, or other material which may cause a fire in any place where such lighted cigarette, cigar, match, ashes, or other material, may start a fire.

      (b) Throwing or placing from a moving vehicle any lighted cigarette, cigar, or ashes which may cause a fire.

 

 

________

 

CHAPTER 138, AB 68

[Assembly Bill No. 86–Washoe County Delegation]

 

Chap. 138–An Act to provide for the formation, government, operation, organization, combination, dissolution, and alteration of boundaries of sewage, water, and garbage disposal districts in any part of the state, for the construction of sewers, sewage disposal plants, sewage treatment plants, water systems, garbage disposal systems, and other sanitary purposes; the acquisition of property for the foregoing purposes; the issuance and disposal of various types of bonds, the determination of their validity, and making provision for the payment of such bonds and the disposal of their proceeds; to appoint the board of county commissioners of each county as a sanitary board and to appoint the assessor of each county as a sanitary assessor, and to authorize said sanitary board and sanitary assessor to hire or appoint such personnel as they deem necessary to carry out the provisions of this act, and to make and enforce such regulations as are necessary to carry out the purposes of this act, and to promote the public health and safety, and all matters properly related thereto.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of county commissioners of each county of this state shall be, and they are hereby appointed as a sanitary board for the county in which they hold office, and the county clerk of any such county shall be ex officio clerk for the sanitary board. The county assessor of each county in this state shall be, and he is hereby appointed as sanitary assessor for the county in which he holds office. The said sanitary board and sanitary assessor may appoint or hire such personnel as in their discretion may be necessary for carrying out the purposes of this act, and the salaries of such personnel shall be fixed by ordinance by said sanitary board, and shall be paid from such funds as said board may authorize.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sanitary board created

 

 

Sanitary assessor

 

May appoint personnel


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

ê1947 Statutes of Nevada, Page 460 (Chapter 138, AB 68)ê

 

 

May create sewage districts; ordinance notice

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Definitions of terms

board, and shall be paid from such funds as said board may authorize.

      Sec. 2.  Whenever in the opinion of the sanitary board of any county in this state the public health and sanitation of said county or any portion thereof, or of the state, would be promoted by the establishment of a sewage district, water district, or garbage disposal district, or a combination of all or any two of the foregoing types of districts, the said sanitary board is hereby authorized to create such a district or districts by ordinance; provided, however, that such ordinance can only be passed after a notice of intention to create such a district or districts shall have been given by said sanitary board by publishing for at least ten (10) days, preceding the passing of such ordinance, in some newspaper of general circulation published in the county, or if there is no such newspaper, then by posting such notice of intention to create such district or districts at the courthouse in said county.

      Said notice shall be in substantially the following form:

 

      Notice is Hereby Given that on the…………………….day of……………………………, ……………, the board of county commissioners of……………………County, State of Nevada, acting in their duly authorized capacity as the sanitary board of……………………………..County, intends to create a…………………………..district which shall include the following-described property, to wit:

(insert description of property to be included in said proposed district)

      Witness my hand this……………………………..day of…………………, ……

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

Clerk of the board of county commissioners of ……………..………… County, and ex officio clerk of the sanitary board of………………..County.

 

      Sec. 3.  Definitions of Terms Used in This Act.  Whenever the words sewage district are used in this act, they shall refer to and include sewers, sewage disposal plants, sewage treatment plants and septic tanks, and any and all other materials or construction connected with the handling or disposal of sewage.

      Whenever the words sanitary board shall be used in this act, they shall refer to the board of county commissioners of any county within this state.

      Whenever the words sanitary assessor are used in this act, they shall refer to the assessor of any county within this state.

      Whenever the words ex officio clerk of the sanitary board


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

ê1947 Statutes of Nevada, Page 461 (Chapter 138, AB 68)ê

 

shall be used in this act, they shall refer to the clerk of the board of county commissioners of any county within this state.

      Whenever the words water district shall be used in this act, they shall refer to and include all types of material and construction necessary for the creation and maintenance of a water supply for domestic use, fire fighting and any and all other related purposes.

      Whenever the words garbage disposal district are used in this act, they shall refer to any and all methods of disposing of garbage and refuse, including the collection and burning or otherwise disposing of all types of garbage and refuse.

      Sec. 4.  The boundaries of any sewer, water, or garbage disposal district or districts may include the entire county, or any portion thereof, and may combine existing districts with new districts or unincorporated cities. A sewage, water, or garbage disposal district may be combined with any existing or contemplated sewage, water, or garbage disposal district or facilities of any incorporated city, county, or other political subdivision of this state, or any incorporated city, county, or political subdivision of any adjacent state; and the sanitary board is hereby authorized to enter into any contracts with any incorporated city, county, or other political subdivision of this state or any incorporated city, county, or other political subdivision of any adjacent state for the purpose of combining such districts or for any purpose in furtherance of the provisions of this act.

      Sec. 5.  In addition to the powers specifically granted to the sanitary board and sanitary assessor by the provisions of this act, the said sanitary board is hereby authorized to acquire by purchase and condemnation all lands, property rights, water, water rights, leases, or easements both within and without the boundaries of the district, necessary for the purposes of the sewage, water, or garbage disposal district or districts, and to exercise the right of eminent domain in the acquirement of all land, property rights, water, water rights, leases, or easements both within and without the boundaries of the district, necessary in carrying out the purposes for which said district shall have been created. Such right of eminent domain shall be exercised in the same manner and by the same procedure as is or may be provided by law for counties within this state, except insofar as such law may be inconsistent with the provisions of this act.

      Said sanitary boards are hereby authorized to construct, condemn and purchase, acquire, add to, maintain and supply sewage systems, water systems or garbage disposal systems for the purpose of furnishing such sewage district, water district, or garbage disposal district, and inhabitants thereof, with an adequate system of sewers, water supply, or garbage disposal for all uses and purposes, public and private, including the drainage of any and all public or private lands, with full authority to regulate and control the use and operation thereof and the service charges or rentals to be charged.

Definitions of terms

 

 

 

 

 

 

 

 

Boundaries of districts

 

Districts combined

 

 

 

Contracts

 

 

 

 

Additional powers of board

 

 

 

 

 

 

 

 

 

 

Board may construct, etc., sewage systems, etc.


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

ê1947 Statutes of Nevada, Page 462 (Chapter 138, AB 68)ê

 

 

 

 

Powers of districts

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional powers of districts

disposal for all uses and purposes, public and private, including the drainage of any and all public or private lands, with full authority to regulate and control the use and operation thereof and the service charges or rentals to be charged. And for the purposes aforesaid, it shall be lawful for any sewage, water or garbage disposal district so organized in this state to lay sewer or water pipe along or upon public highways, and roads within and without such district and to condemn and purchase, or acquire, land and rights-of-way necessary for such sewer or water pipe. Such sewerage district is hereby authorized and empowered to erect and build sewage treatment or sewage disposal plants either within or without the boundaries of such district, and any such sanitary district shall have the right to acquire by purchase or condemnation properties or privileges necessary to be had to protect any and all lakes, rivers, or other water courses, and also other areas of land, from pollution either from its sewers or its sewage treatment or disposal plants, and to compel all property owners within the area served by said sewerage system to connect their private drain and sewer system with such system or sewers of the sanitary district. Such water or garbage disposal districts as may be created under the terms of this act are hereby authorized and empowered to acquire, by purchase or condemnation, properties or privileges necessary to the proper functioning of such district or districts, and to compel all property owners in such district or districts to connect with said water system and to use said garbage disposal service.

      Any such sewage, water, or garbage disposal district formed under the provisions of this act shall have the power to sue and be sued by its name, to receive by gift, devise or otherwise, such real and personal property and rights-of-way either within or without the limits of the district as shall be necessary or proper to carry out the provisions of this act; to make and accept any and all contracts, deeds, leases, and documents of any kind which shall be necessary or proper to the exercise of any of the powers of the district, and to direct the payment of all lawful claims and demands against it; to issue bonds as hereinafter provided, and to assess, levy, and collect taxes, to fix rental or service charges, to accept cash gifts, to levy and collect special assessments, and to use any and all of such funds for the purpose of paying the principal and interest of any such bonds, and the operating and maintenance expenses of the district; to make and enforce all necessary and proper regulations for the removal of sewage or garbage, and for the proper use of water within any such district, and to make all other sanitary regulations not in conflict with the constitution or laws of this state; any violation of any such regulations or ordinances is hereby designated to be a misdemeanor punishable by fine or imprisonment, or both; provided, however, that no such fine shall exceed the sum of $100, and no such imprisonment shall exceed one month; and generally to do and perform any and all acts necessary or proper to the complete exercise of any of its powers or the purposes for which it was formed.


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

ê1947 Statutes of Nevada, Page 463 (Chapter 138, AB 68)ê

 

ordinances is hereby designated to be a misdemeanor punishable by fine or imprisonment, or both; provided, however, that no such fine shall exceed the sum of $100, and no such imprisonment shall exceed one month; and generally to do and perform any and all acts necessary or proper to the complete exercise of any of its powers or the purposes for which it was formed.

      Sec. 6.  It shall be the duty of the sanitary board of every sewage, water, or garbage disposal district created under the provisions of this act to make a thorough and complete examination and investigation of such district or districts, and then to select a scheme or plan for a system of sewers, water system, or garbage disposal system which will be suitable and adequate for such district or districts for the present and future needs thereof; in connection with the foregoing, said board may employ such engineering, legal and other services as in their discretion is necessary in carrying out the object and purposes of this act; when such comprehensive scheme and plan has been finally determined upon by such sanitary board, it shall be by them adopted by resolution, and submitted to the county engineer or other engineer designated by the sanitary board of said county in which the district or districts are located and to the state board of health, and said comprehensive scheme or plan must be approved in writing by such engineer and the state board of health before being adopted by ordinance of said sanitary board, and then shall be adopted only after notice and public hearing in the same manner and for the same time as the notice provided for in section 2 of this act.

      Sec. 7.  No expenditure for the carrying on of any part of such comprehensive scheme or plan shall be made by the sanitary board other than the necessary salaries of engineers, clerical, and office expenses of such district or districts, and the cost of engineering, surveying, preparation, and collection of data necessary for the making and adoption of a general scheme of improvements in such district unless and until such general scheme of improvements has been adopted by ordinance of said sanitary board, as provided in section 6 of this act.

      Sec. 8.  After such comprehensive scheme or plan has been adopted by ordinance of such sanitary board as provided in section 6 hereof, the said sanitary board is hereby authorized and instructed to pass an ordinance which shall provide for the financing of such district or districts, and said ordinance shall not be adopted by said sanitary board unless and until a notice of intention to adopt such ordinance has been given for the time and in the manner provided by section 2 of this act.

      Sec. 9.  The said sanitary board shall adopt an ordinance relative to the financing of such district or districts, which ordinance shall in itself use the method of financing best suited to the financial condition and welfare of the county in which said district or districts are situated and of the said district.

 

 

 

 

 

Duties of sanitary board

 

 

Develop plans for systems

 

 

Plans adopted, when

 

 

 

 

 

 

 

 

No expenditure for developing plans, when

 

 

 

 

 

Ordinance for financing districts, when


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

ê1947 Statutes of Nevada, Page 464 (Chapter 138, AB 68)ê

 

Ordinance to provide method of financing

 

 

 

Methods of financing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Limitation of rental charge

relative to the financing of such district or districts, which ordinance shall in itself use the method of financing best suited to the financial condition and welfare of the county in which said district or districts are situated and of the said district. In this connection, such ordinance relative to financing said district may use any of the following methods of financing, or any combination thereof:

      1.  Current revenue, reserves, state funds, or federal funds which may be available and which may by law be used for furthering the purposes of this act.

      2.  May issue general obligation bonds which shall be secured by the taxing power of the county or of the district.

      3.  May issue special assessment bonds, which bonds shall be secured by payment of special assessments on property owners in said district, and in this connection the said sanitary board shall determine by ordinance the method of making such assessments and may use the front-foot rule, benefit rule, or any other lawful method of determining such assessments; provided, however, that said special assessments shall in no event exceed ten (10%) percent of the assessed valuation of any property for any fiscal year.

      4.  May issue revenue bonds which in the discretion of the sanitary board shall be secured by rental or service charges imposed upon users of any sewage, water, or garbage disposal system created under the provisions of this act, and in this connection the sanitary board may, by ordinance, make the rental or service charge a lien upon the property which uses such sewage, water, or garbage disposal service, and may provide for a method of enforcement of collection of such rentals or service charges. Said sanitary board may use any lawful method to determine what rental or service charge shall be imposed, including, but not exclusive, of the following:

      A. A flat rate charge.

      B. A fixture count.

      C. Number of connections.

      D. Value of property served.

      E. Character of property served.

      5.  May borrow funds from the state or federal government when such funds are available for carrying out the purposes of this act.

      6.  May use surplus funds from any other utilities owned or operated by any county in which said district or districts shall be situated.

      Provided, however, that said rental or service charge shall not exceed ten (10%) percent of the assessed valuation of any property for any fiscal year.

      Sec. 10.  The said sanitary board shall, in any ordinance authorizing the issuance of any bond or bonds as provided in section 9 of this act, provide that such bonds shall be in denominations of not less than $100 nor more than $1,000; shall be numbered from one up consecutively; shall bear the date of issue; shall be payable serially up to a maximum period not to exceed twenty (20) years; shall bear interest at a rate not to exceed six (6%) percent per annum from date of said bonds until principal thereof is paid, and shall provide for a method of executing and delivering said bonds to purchasers thereof.


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

ê1947 Statutes of Nevada, Page 465 (Chapter 138, AB 68)ê

 

in section 9 of this act, provide that such bonds shall be in denominations of not less than $100 nor more than $1,000; shall be numbered from one up consecutively; shall bear the date of issue; shall be payable serially up to a maximum period not to exceed twenty (20) years; shall bear interest at a rate not to exceed six (6%) percent per annum from date of said bonds until principal thereof is paid, and shall provide for a method of executing and delivering said bonds to purchasers thereof.

      Sec. 11.  The sanitary board shall have the power to create, and shall create, a special fund, or funds, for the sole purpose of paying the interest and principal of such bonds, and shall obligate and bind the district or districts to set aside and pay a fixed proportion of the gross revenues of the sewage, water, or garbage disposal district into such fund or funds, and in this connection said sanitary board shall deposit said special fund with the treasurer of the county in which such district or districts are located. Said treasurer is hereby appointed ex officio treasurer of any such district or districts for the county in which said treasurer holds office. In the event of combined districts, as provided in section 4 of this act, the said sanitary board shall, by contract with any other governmental unit, determine who shall be custodian of any funds collected from such combined districts.

      The sanitary board shall have the power to create, and shall create, a general fund for the purpose of paying operation and maintenance costs of such district or districts, and such general fund shall be deposited with the ex officio treasurer of the sanitary board.

      Sec. 12.  All materials purchased and work ordered, the estimated cost of which is in excess of one thousand dollars ($1,000) shall be let by contract. Before awarding any such contract the sanitary board shall cause to be published in some newspaper in general circulation throughout the county where the district is located at least once, ten (10) days before the letting of such contract, inviting sealed proposals for such work, plans, and specifications which must at the time of publication of such notice be on file in the office of the sanitary board subject to public inspection. Such notice shall state generally the work to be done, and shall call for proposals for doing the same, to be sealed and filed with the sanitary board on or before the day and hour named therein. Each bid shall be accompanied by a certified check payable to the order of the county treasurer for a sum not less than five percent (5%) of the amount of the bid, and no bid shall be considered unless accompanied by such check. At the time and place named, such bids shall be publicly opened and read, and the sanitary board shall proceed to canvass the bids and may let such contract to the lowest responsible bidder upon plans and specifications; provided, however, that no contract shall be let in excess of the cost of said materials or work, or if in the opinion of the sanitary board all bids are unsatisfactory they may reject all of them and readvertise, and in such case all checks shall be returned to the bidders.

Denomination and term of bonds

 

 

 

 

Special bond fund; proportion of gross revenues paid into fund

 

 

 

County treasurer ex officio treasurer of districts

 

 

Sanitary board to create general fund

 

 

Contracts for work and materials, when

Procedure for the letting of contracts

 


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

ê1947 Statutes of Nevada, Page 466 (Chapter 138, AB 68)ê

 

 

Contract not awarded, when

 

 

 

 

 

 

 

 

 

 

Districts dissolved or changed by ordinance

 

 

Constitutionality

 

 

Certain act made applicable

 

 

 

 

 

In effect

bids and may let such contract to the lowest responsible bidder upon plans and specifications; provided, however, that no contract shall be let in excess of the cost of said materials or work, or if in the opinion of the sanitary board all bids are unsatisfactory they may reject all of them and readvertise, and in such case all checks shall be returned to the bidders. If such contract be let, then and in such case all checks shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for the purchase of such materials or doing such work, and a bond to perform such work furnished with sureties satisfactory to the sanitary board in the full amount of the contract price between the bidder and the sanitary board in accordance with the bid. If said bidder fails to enter into such contract in accordance with said bid and furnish such bond within ten (10) days from the date at which he is notified that he is the successful bidder, the said check and the amount thereof shall be forfeited to the sanitary district.

      Sec. 13.  Any district organized under this act may be dissolved or the boundaries thereof may be altered by ordinance of the sanitary board after notice of intention to pass such notice has been given for the time and in the manner required by section 2 of this act.

      Sec. 14.  If any section or provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the act as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.

      Sec. 15.  The provisions of that certain act entitled “An act relating to bonds issued by counties, cities, towns, school districts, and other municipal corporations, and repealing all acts and parts of acts in conflict therewith,” approved March 23, 1927, and being secs. 6085 to 6092, inclusive, N. C. L. 1929, as the same is now or may hereafter be amended, shall be applicable to any bonds issued pursuant to his act, and no bonds shall be issued or authorized hereunder except in conformity with the requirements of said act.

      Sec. 16.  This act shall take effect immediately upon its passage and approval.

 

________

 

 


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

ê1947 Statutes of Nevada, Page 467ê

CHAPTER 139, AB 342

[Assembly Bill No. 243–Committee on Ways and Means]

 

Chap. 139–An Act authorizing and directing the board of regents of the University of Nevada to execute an easement for highway right-of-way over certain lands to the State of Nevada, department of highways, authorizing and directing the board of county commissioners of Washoe County, Nevada, to deed certain lands to the University of Nevada, and other matters properly relating thereto.

 

[Approved March 27, 1947]

 

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 and for the consideration stated in section 2 of this act, it shall be the duty of the board of regents of the University of Nevada, to make, execute, and deliver a good and sufficient easement to the State of Nevada, department of highways, covering a piece or parcel of land to be used for highway right-of-way, as said highway crosses over and across certain state lands lying and being in the county of Washoe, State of Nevada; said right-of-way for state highway more particularly described as being a portion of the W 1/2 of section 1, T. 18 N., R. 19 E., M. D. B. & M.; and said right-of-way being a piece or parcel of land of varying width which lies and is within the above-described state lands, and described more fully as follows, to wit:

      Beginning at the point of intersection of the right or easterly fence line of the existing county road with the right or easterly twenty-seven (27) foot highway right-of-way line opposite highway engineer’s station “L” 4+37.88 angle point; said point of beginning being further described as bearing S. 1°23ʹ03ʺ W. a distance of 2241.08 feet from the northwest corner of section 1, T. 18 N., R. 19 E., M. D. B. & M.; thence S. 0°14ʹ27ʺ E. along said highway right-of-way line a distance of 368.54 feet to a point; thence from a tangent whose bearing is the last-described course, curving to the left along the highway right-of-way line with a radius of fifty (50) feet, through an angle of 89°14ʹ, a distance of 77.89 feet to a point on the left or northerly twenty (20) foot highway right-of-way line; thence N. 88°59ʹ30ʺ E. along said highway right-of-way line a distance of 599.49 feet to a point on the northerly fence line of the existing county road; thence from a tangent which bears S. 88°59ʹ30ʺ W. curving to the left along said fence line with a radius of 620 feet, through an angle of 20°41ʹ40ʺ, a distance of 223.94 feet to a point on the right or southerly twenty (20) foot highway right-of-way line; thence S. 88°59ʹ30ʺ W. along said right-of-way line a distance of 379.62 feet to a point; thence from a tangent whose bearing is the last-described course, curving to the left along the highway right-of-way line with a radius of 50 feet, through an angle of 89°10ʹ, a distance of 77.81 feet to a point on the right or easterly twenty-seven (27) foot highway right-of-way line; thence S.

 

 

 

 

 

 

 

 

 

 

 

 

 

Regents to convey right of way to state

 

 

 

 

 

 

 

 

Description of right-of-way


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

ê1947 Statutes of Nevada, Page 468 (Chapter 139, AB 342)ê

 

Description of right-of-way

 

 

 

 

 

 

 

Duty of department of highways

 

 

 

Washoe county to convey to university portion of county road

 

 

In effect

whose bearing is the last-described course, curving to the left along the highway right-of-way line with a radius of 50 feet, through an angle of 89°10ʹ, a distance of 77.81 feet to a point on the right or easterly twenty-seven (27) foot highway right-of-way line; thence S. 0°10ʹ30ʺ E. along said highway right-of-way line a distance of 23.50 feet to a point on the present county road fence line; thence from a tangent which bears N. 42°55ʹ30ʺ W., curving to the right along said fence line with a radius of 40 feet, through an angle of 42°45ʹ, a distance of 29.85 feet to a point; thence N. 0°50ʹ10ʺ E. along said fence line a distance of 503.88 feet to the point of beginning; containing an area of 0.595 of an acre, more or less.

      Sec. 2.  As part of the above-mentioned easement for said highway right-of-way, it shall be the duty of the State of Nevada, department of highways, to cause a new standard Nevada state highway department type B-4B fence, consisting of four barbed wires with wooden posts spaced at 14-foot intervals, to be constructed along the right-of-way lines on the above-described parcel of land.

      Sec. 3.  As further payment of the above-mentioned easement for said highway right-of-way the board of county commissioners of Washoe County, Nevada, is hereby authorized and directed to make, execute, and deliver a good and sufficient deed to the University of Nevada covering that portion of the present county road which is to be abandoned for the new right-of-way described herein.

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

 

________

 

CHAPTER 140, AB 312

 

[Assembly Bill No. 213–Mr. Gray]

 

Chap. 140–An Act to amend an act entitled “An act to provide for the organization and government of irrigation districts, for the irrigation and drainage of lands and other related undertakings thereby, and for the acquisition and distribution of water and other property, construction, operation, and maintenance of works, diversion, storage, distribution, collection, and carriage of water; cooperation with the United States; and matters properly connected therewith,” approved March 19, 1919, as amended.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 44 of the above-entitled act, being sec. 8059 N. C. L. 1929, as amended by Statutes of Nevada 1937, chapter 172, page 376, is amended to read as follows:

 


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

ê1947 Statutes of Nevada, Page 469 (Chapter 140, AB 312)ê

 

1937, chapter 172, page 376, is amended to read as follows:

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

 

Certain lands may be excluded


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

ê1947 Statutes of Nevada, Page 470 (Chapter 140, AB 312)ê

 

Certain lands may be excluded

 

 

 

 

 

 

 

 

 

In effect

be filed for record in the office of the county recorder of the county or counties in which such land or lands are situated, and it shall be evidence for all purposes of the facts it purports to state. Any holder of title or of evidence of title to land in the district who is aggrieved at the order of the board of directors in excluding or refusing to exclude lands as provided in this act may, within thirty days from the date of the service upon him, as hereinabove provided, of the order excluding or refusing to exclude lands from the district as provided herein, petition the district court of the county in which the office of the board of directors is situated to set aside such order, and directing that such lands be excluded or be not excluded, as the court may order. The provisions of sections 19 and 20 of this act, insofar as applicable, shall be followed in such proceedings. This amended act shall not be retroactive.

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

 

________

 

CHAPTER 141, AB 121

 

 

 

 

 

 

 

 

 

 

 

 

 

Damage on land

 

 

 

 

 

Presumption of liability may be rebutted

[Assembly Bill No. 121–Messrs. Free and Higgins]

 

Chap. 141–An Act to amend an act entitled “An act concerning aeronautics and matters pertaining thereto, and to make uniform the law with reference thereto,” approved March 5, 1923, as amended.

 

[Approved March 27, 1947]

 

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

      Section 5.  The owner of every aircraft which is operated over the lands or waters of this state is presumed liable for injuries to persons or property on the land or water beneath, caused by the ascent, descent, or flight of the aircraft, or the dropping or falling of any object therefrom, unless the injury is caused in whole or in part by the negligence of the person injured, or of the owner or bailee of the property injured. If the aircraft is leased at the time of the injury to person or property, both owner and lessee shall be presumed to be liable and they may be sued jointly, or either or both of them may be sued separately. The presumption of liability of the owner, or of the owner and lessee, as the case may be, may be rebutted by proof that the injury was not caused by negligence on the part of such owner or lessee, or of any person operating such aircraft with the permission of the owner or lessee, or of any person maintaining or repairing such aircraft with the permission of the owner or lessee.


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

ê1947 Statutes of Nevada, Page 471 (Chapter 141, AB 121)ê

 

or lessee, or of any person maintaining or repairing such aircraft with the permission of the owner or lessee. An aeronaut who is not the owner or lessee shall be liable only for the consequences of his own negligence. The injured person, or owner or bailee of the injured property, shall have a lien on the aircraft causing the injury to the extent of the damage caused by the aircraft or objects falling from it. A chattel mortgagee, conditional vendor or trustee under an equipment trust, of any aircraft, not in possession of such aircraft, shall not be deemed an owner within the provisions of this section.

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

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

 

 

Injured person’s lien on aircraft

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 142, AB 432

[Assembly Bill No. 234–Committee on Counties and County Boundaries]

 

Chap. 142–An Act to amend an act entitled “An act to create a state board of health, defining their duties, prescribing the manner of the appointments of its officers, fixing their compensation, 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,” approved March 15, 1945.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 27 of the above-entitled act, the same being section 5261 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 27.  Each of the several counties of the State of Nevada shall establish a county board of health to consist of the board of county commissioners, sheriff, and the local health officer of the county, who shall act as chairman of the board, and the county clerk shall be the clerk thereof. All of said officers shall serve without additional compensation.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County board of health

 

 

 

 

In effect

 

________

 

 


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

ê1947 Statutes of Nevada, Page 472ê

CHAPTER 143, AB 841

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate necessary

 

 

 

 

 

Practices constituting optometry

[Assembly Bill No. 148–Mr. Jepson]

 

Chap. 143–An Act to amend an act entitled “An act defining and regulating the practice of optometry in the State of Nevada; providing for the appointment of a state board of optometry, and fixing their duties; providing for the issuance and revocation of licenses to practice optometry; defining unprofessional conduct, and fixing penalties therefor; defining certain misdemeanors, and providing penalties therefor; repealing all other acts or parts of acts in conflict therewith; and other matters properly relating thereto,” approved March 17, 1913, as amended.

 

[Approved March 27, 1947]

 

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 4966 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  It shall be unlawful for any person to engage in the practice of optometry in the State of Nevada unless such person shall have obtained a certificate of registration from the Nevada state board of examiners in optometry, as hereinafter provided.

      Any one or any combination of the following practices constitutes the practice of optometry:

      (a) The examination of the human eye, without the use of drugs, medicines, or surgery, to ascertain the presence of defects or abnormal conditions which can be corrected by the use of lenses, prisms, or ocular exercises; the employment of objective or subjective means to determine the accommodative or refractive status of the human eye or the range or power of vision of the human eye.

      (b) The prescription or adaptations of lenses, prisms, ocular exercises, or any means other than the use of drugs, medicine, or surgery to correct or alleviate defects or abnormal conditions of the human eye or to adjust the human eye to the conditions of specific occupation or to individual environment.

      (c) The replacement or duplication of an ophthalmic lens without a prescription from a person authorized under the laws of this state to practice either optometry or medicine or surgery. The provisions of this paragraph shall not be construed to prevent an optical mechanic from doing the merely mechanical work of replacement or duplication of such ophthalmic lens.

      (d) The taking of an impression mold of the eyeball from which a contact lens is to be cast; the determination of the corrective qualities to be incorporated in the lens by grinding, shaping, or other means, to develop the proper refractive qualities, whether done to correct or alleviate defects or abnormalities of the eye or adjust it to the conditions of a specific occupation or environment, or the adjustment or fitting of the lens to the eye.


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

ê1947 Statutes of Nevada, Page 473 (Chapter 143, AB 841)ê

 

corrective qualities to be incorporated in the lens by grinding, shaping, or other means, to develop the proper refractive qualities, whether done to correct or alleviate defects or abnormalities of the eye or adjust it to the conditions of a specific occupation or environment, or the adjustment or fitting of the lens to the eye.

      An ophthalmic lens within the meaning of this act shall be any lens which has spherical, cylindrical, or prismatic power or value and is ground pursuant to a prescription.

      Sec. 2.  Section 5 of the above-entitled act, being sec. 4969 N. C. L. 1929, as amended, is hereby further amended to read as follows:

      Section 5.  Every person desiring to commence the practice of optometry in the State of Nevada must show by satisfactory evidence, certified to by oath, that he or she is of good moral character, is at least twenty-one years of age, is a citizen of the United States, or one who has declared his intention of becoming a citizen of the United States, has a preliminary education equivalent to four years in a registered high school and has graduated from a school of optometry which maintains a standard of at least four school years of at least eight months each, and which school is rated class A by the American optometric association council on education, and recognized by the Nevada state board of examiners, to determine his or her qualifications therefor.

      Any person having filed said proof, desiring to be examined by said board, must fill out and swear to an application furnished by the board at least two weeks prior to the examination, which the applicant is desirous of taking. Each applicant on making application shall pay to the secretary of the board a fee of twenty-five dollars which shall be for the use of said board. The examination shall consist of tests in general anatomy, general physiology, ocular anatomy, ocular physiology, ocular pathology, geometric optics, physical optics, physiological optics, theoretical optometry, practical optometry, retinoscopy, ophthalmoscopy, perimetry, subjective and objective refraction, case analysis, duplication, and laboratory work. A passing grade of 75 is necessary in all subjects. Candidates who fail in any of the above subjects may be examined at the next examination only in the subjects in which he or she failed. A request in writing for a reexamination must be made to the secretary at least two weeks prior to the examination date, and accompanied by a fee of ten dollars. All persons successfully passing such examinations shall be registered in the board register, which shall be kept by said secretary, as licensed to practice optometry, and shall receive a certificate of such registration, to be signed by the president and secretary of said board, upon the payment to the secretary of said board the additional sum of five dollars, which shall be for the use of said board.

 

 

 

 

 

 

 

 

 

Proof of qualifications

 

 

 

 

 

 

 

 

Application for examination; fee; examination tests; passing grade

 

 

 

 

 

 

 

Reexamination, when

 

 

 

Certificate issued; fee


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

ê1947 Statutes of Nevada, Page 474 (Chapter 143, AB 841)ê

 

 

 

 

Examinations, when held

 

In effect

by the president and secretary of said board, upon the payment to the secretary of said board the additional sum of five dollars, which shall be for the use of said board. Applicants are required to bring to the examination a trial case, retinoscope, ophthalmoscope, schematic eye and sine table. Examination shall be held by the board at least once a year, with such additional examinations as the board may desire. One examination shall be held commencing on the fourth Monday of June in each year.

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

 

________

 

CHAPTER 144, AB 032

 

 

 

 

 

 

 

 

 

 

 

 

Duty of commissioners to establish voting precincts

Restriction of new precincts

 

 

 

 

 

No election held, when

 

 

Electors may register in nearest precinct

[Assembly Bill No. 230–Mr. Beemer]

 

Chap. 144–An Act to amend an act entitled “An act relating to elections,” approved March 24, 1917.

 

[Approved March 27, 1947]

 

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 2439, Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 2.  It shall be the duty of boards of county commissioners to establish election precincts and define the boundaries thereof, and to alter, consolidate, and abolish the same as public convenience or necessity may require; provided:

      First.  That no new precinct shall be established except upon petition of ten or more qualified electors, permanently residing in the district sought to be established, showing that they reside more than ten miles from any polling place in said county, unless it shall appear to the satisfaction of said board that not less than fifty qualified electors reside in said precinct, in which event said precinct may be established without regard to the distance which said electors reside from another polling place or precinct.

      Second.  That no election shall be held in any precinct in which there shall not be at least ten qualified electors, permanently residing therein at the time notice of holding election therein shall be given.

      Third.  All qualified electors residing in any election precinct in which there are less than ten qualified electors permanently residing at the time notice of holding elections is given, shall be entitled to register and vote in the election precinct having a polling place nearest their residence, by the usual traveled route.

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

ê1947 Statutes of Nevada, Page 475 (Chapter 144, AB 032)ê

 

      Fourth.  That no election precinct shall be established or election held at any place in any precinct within one mile of another voting place in the same county, unless there shall have been polled, at the said voting place, at the next preceding general election, not less than fifty votes.

      The several boards of county commissioners in the counties of this state in providing for and proclaiming election precincts shall so arrange and divide the voting places in the respective counties so that no greater number than four hundred voters shall vote in one precinct.

      It shall be the duty of said boards of county commissioners at their first regular meetings in September preceding each general election (and fifteen days preceding each special election), to appoint three capable and discreet persons possessing the qualifications of electors (who shall not be of the same political party), to act as inspectors of election at each election precinct, and two clerks of election, who shall have charge of the ballots on election day and shall furnish them to the voters in the manner hereinafter provided for; provided, that in all precincts where two hundred (200) or more voters are registered, it shall be the duty of said boards of county commissioners to appoint six inspectors and four clerks of election, each possessing the above qualifications, said inspectors and clerks to be divided into two boards, each consisting of three inspectors and two clerks; provided further, that two of said inspectors, one republican and one democrat, may be designated by the board of county commissioners as the election precinct foremen. One of said boards shall be designated as the voting board and the other as the counting board. The voting board shall serve from the opening to the closing of the polls, at which time the voting board shall deliver to the counting board the ballot box, containing the ballots, and all other books and supplies in their possession, whereupon the counting board shall proceed to count the ballots and perform the other duties required of election boards. The members of each board acting hereunder shall receive compensation for one shift, or day; and the clerk of said board shall forthwith make and deliver to said inspectors and clerks, personally, notice thereof in writing, or deposit the same in the post office, registered and postage prepaid, directed to the registry agent of the precinct for which each of said inspectors and clerks are appointed, and it shall be the duty of said registry agent, within ten days after the receipt thereof, to serve the same upon each of said inspectors and clerks of election. The election precinct foreman of each election precinct shall serve on both the voting board and the counting board, and they shall receive compensation for two shifts and in addition shall receive the sum of five dollars. It shall be the duty of the county clerk and the county commissioners, when election precinct foremen have been designated as herein provided, to conduct a school for election precinct foremen at least five (5) days prior to any primary, general, special or any election to which the general law is applicable, for the purpose of acquainting such election precinct foremen with the duties of the election board and the election laws, which the foremen shall, in turn, impart to their respective election boards.

Precincts one mile apart

 

Exception

 

Limit of 400 voters in one precinct

 

 

Commissioners to appoint election officers

 

 

 

 

Two boards in precincts having 200 or more voters

 

Foremen

 

 

 

 

 

 

 

 

Duty of clerks and registry agents


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

ê1947 Statutes of Nevada, Page 476 (Chapter 144, AB 032)ê

 

School for election precinct foremen

 

 

 

 

Election laws furnished

 

 

County clerks to furnish supplies to sheriff, etc.

of the county clerk and the county commissioners, when election precinct foremen have been designated as herein provided, to conduct a school for election precinct foremen at least five (5) days prior to any primary, general, special or any election to which the general law is applicable, for the purpose of acquainting such election precinct foremen with the duties of the election board and the election laws, which the foremen shall, in turn, impart to their respective election boards.

      At the same time and in the same manner the clerk of said board shall furnish to each of said inspectors and clerks of election one copy of the election laws for their special use.

      It shall be the further duty of the board of county commissioners to cause their clerks to furnish the sheriff with poll books and other supplies required to be provided by said board of inspectors and clerks of election, and the clerk shall at the same time deliver to the sheriff the ballot boxes, and keys, the official ballots, the sample ballots, and printed instructions. The sheriff shall thereafter deliver said election supplies by registered or insured mail, express or otherwise, to one of the inspectors of every election precinct in the county, at least one day before the time of holding any election.

 

________

 

CHAPTER 145, AB 101

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Declaration of candidacy

 

Form of declaration

[Assembly Bill No. 101–Messrs. Chapman and Frey]

 

Chap. 145–An Act to amend an act entitled “An act regulating the nomination of candidates for public office in the State of Nevada,” approved March 23, 1917, as amended.

 

[Approved March 27, 1947]

 

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 2408 N. C. L. 1929, as amended by chapter 110, Statutes of Nevada 1945, is amended to read as follows:

      Section 5.  The name of no candidate shall be printed on an official ballot to be used at a primary election unless he shall qualify by filing a declaration of candidacy, or by an acceptance of a nomination and by paying a fee as provided in this act.

      (a) Every candidate for nomination for any elective office not less than fifty days prior to the primary shall file a declaration or acceptance of candidacy in substantially the following form:


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

ê1947 Statutes of Nevada, Page 477 (Chapter 145, AB 101)ê

 

Nomination Paper of ………………………., for the

Office of …………………………….

 

State of Nevada,

 

 

      County of ……………………

}

ss.

 

      For the purpose of having my name placed on the official primary ballot as a candidate for nomination by the…………………party as its candidate for the office of ………………….., I, the undersigned……………………., do solemnly swear (or affirm) that I reside at No………, ……………………street, in the city (or town) of………………………, County of…………………….., State of Nevada, and that I am a qualified elector of the election precinct in which I reside; that I am a member of the…………………party; that I have not reregistered and changed the designation of my political party affiliation on an official registration card since the last general election; that I believe in and intend to support the principles and policies of such political party in the coming election; that I affiliated with such party at the last general election of this state, and I voted for a majority of the candidates of such party at the last general election (or did not vote at such general election, giving reasons); that I intend to vote for a majority of the candidates of said party at the ensuing election for which I seek to be a candidate; that if nominated as a candidate of said…………………………party at said ensuing election I will accept such nomination and not withdraw; that I will not knowingly violate any election law or any law defining and prohibiting corrupt and fraudulent practice in campaigns and elections in this state; and that I will qualify for said office if elected thereto.

 

      ………………………………. (Signature of candidate for office.)

      Subscribed and sworn to before me this ………………. day of …………………., 19………  ………………………. Notary public (or other officer authorized to administer an oath.) Provided, that no candidate for a judicial office or a school office shall certify as to his party affiliations, and the names of such candidate shall be printed on the ballots of all parties under the heading of “nonpartisan candidates” for the respective offices.

      (b) Ten or more qualified electors may, not more than eighty nor less than fifty-five days prior to the September primary, file a designation of nomination designating any qualified elector as a candidate for the nomination for any elective office. When such designation shall have been filed, it shall be the duty of the officer in whose office it is filed to notify the elector named in such designation thereof. If the elector named in the designation shall, not less than fifty days prior to the primary, file an acceptance of such nomination and pay the required fee, he

shall be a candidate before the primary in like manner as if he had filed a declaration of candidacy.

Form of declaration

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nonpartisan candidates

 

 

 

Ten or more electors may name candidate for nomination


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

ê1947 Statutes of Nevada, Page 478 (Chapter 145, AB 101)ê

 

 

 

 

 

 

 

Expiration date for filing

 

 

 

Vacancies, how filled

 

 

Vacancies in nonpartisan nominations

 

 

 

 

 

 

 

Designations filed, when

 

 

 

 

 

 

Independent or other nominations, how made

shall be a candidate before the primary in like manner as if he had filed a declaration of candidacy. If any such designation of nomination shall relate to a judicial or school office it may be signed by electors of any or all parties, but if it shall relate to any other office, the signers shall all be of the same political party as the candidate so designated. The acceptance shall be in a form similar to that used by a candidate who files a declaration of candidacy.

      (c) If the last day limited for filing any paper mentioned in this section shall fall on a Saturday, then the period so limited shall expire on such Saturday at 12 o’clock noon, notwithstanding anything in this section to the contrary.

      Sec. 2.  Section 25 of the above-entitled act, being sec. 2429 N. C. L. 1929, is hereby amended so as to read as follows:

      Section 25.  Vacancies occurring after the holding of any primary election shall be filled by the party committee of the county, district, or state, as the case may be. Such action shall be taken not less than thirty days prior to the November election.

      In the event of a vacancy in nonpartisan nominations, the vacancy shall be filled by the person who received the next highest vote for such nomination in the primary. If there be no such person then the vacancy may be filled by a petition signed by qualified electors equal in number to five percent of the total vote cast for representative in Congress at the last preceding general election in the county, district, or state, as the case may be.

      In the event any nonpartisan office is required by law to be filled at any general election and no candidate has been nominated at any primary election for such office, candidates may be designated for election to such office at the November election by like five-percent petitions in the case of each such candidate so designated.

      All designations and petitions mentioned in this section shall be filed on or before thirty days prior to the November election. In each case the statutory filing fee must be paid and an acceptance of the nomination or designation must be filed on or before thirty days prior to such November election.

      Sec. 3.  Section 31 of the above-entitled act, being section 2435 N. C. L. 1929, is further amended so as to read as follows:

      Section 31.  Candidates for public office, other than party candidates, shall be nominated in the manner following:

      A certificate of nomination shall be signed by electors within the state, district, or political subdivision for which the candidates are to be presented, equal in number to at least five percent of the entire vote cast at the last preceding general election in the state, district, or political subdivision for which the nomination is made; provided, that such certificate shall contain the signature of at least five electors.


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

ê1947 Statutes of Nevada, Page 479 (Chapter 145, AB 101)ê

 

general election in the state, district, or political subdivision for which the nomination is made; provided, that such certificate shall contain the signature of at least five electors. Such signatures need not all be appended to one paper, but each signer shall add to his signature his place of residence. One of the signers of each such certificate shall swear that the statements therein made and the signatures therein set forth are true to the best of his knowledge and belief. The certificate of nomination herein provided shall state the name of the principle, if any, which the person nominated by petition represents, but in so doing the name of no political party as defined by this act existing at the last preceding general election shall be used.

      Such certificate of nomination for officers to be voted for by the electors of the entire state or by districts composed of two or more counties shall be filed with the secretary of state; all others shall be filed with the clerk of the county wherein the officers are to be voted for.

      Such certificate of nomination provided in this section shall be filed at least fifty days before the primary election.

      No certificate of nomination shall contain the name of more than one candidate for each office to be filled.

      Every candidate nominated by petition shall, at the time of the filing of his petition or certificate pay to the filing officer the same fee as is provided to be paid by candidates at the primary election of political parties as provided in section 7 of this act.

      No nomination for judicial or school office shall be under the provisions of this section, but all such candidates shall be nominated at the primary election.

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

 

 

 

 

 

 

 

 

 

Certificate filed where and when

 

 

 

 

 

 

Fees

 

 

 

Judicial and school office excepted

In effect

 

________

 

CHAPTER 146, AB 942

[Assembly Bill No. 249–Washoe County Delegation]

 

Chap. 146–An Act concerning and relating to certain county officers in Washoe County, Nevada, and fixing their compensation and allowances.

 

[Approved March 27, 1947]

 

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 eight hundred ($4,800) per annum, and such commissions, as ex officio license collector, as are now allowed by law.

 

 

 

 

 

 

 

 

 

 

Washoe County salaries

 


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ê1947 Statutes of Nevada, Page 480 (Chapter 146, AB 942)ê

 

 

Sheriff; travel expenses

 

 

 

 

County clerk

 

 

County assessor

 

 

 

 

 

District attorney special investigator

 

 

County treasurer

 

County recorder

 

Repeal

 

Effective date

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 eight hundred dollars ($4,800) per annum.

      The county assessor shall receive a salary of four thousand eight hundred dollars ($4,800) 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 eight hundred dollars ($4,800) 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, 1947.

 

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ê1947 Statutes of Nevada, Page 481ê

CHAPTER 147, AB 251

[Assembly Bill No. 152–Mr. Capurro]

 

Chap. 147–An Act to amend an act entitled “An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties, and limitations; providing for fees, costs and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith,” approved March 31, 1941.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 150 of the above-entitled act, being section 3656.150 N. C. L. Supplement 1931-1941, is hereby amended to read as follows:

      Section 150.  (1) The commissioner shall issue a solicitor’s license only to a natural person who is a resident of this state, and only upon requisition, accompanied by the fee as provided for in section 60, made by his employer who or which shall be a licensed agent, and then only when such employer certifies that the solicitor is his employee and is competent and fully qualified and that he will assume responsibility for such solicitor’s acts; provided, however, that a solicitor must qualify for a solicitor’s license in the same manner as an insurance agent must qualify for an agent’s license as set out in sections 143, 145, and 147 of this act.

      (2) Any solicitor so licensed shall solicit insurance only in the name of and for the account of his employer.

      (3) Solicitors shall not be licensed for agencies doing the kind of kinds of business described in class 1 of section 5.

      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 take effect immediately after its passage and approval.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Procedure for issuance of solicitor’s license

 

 

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

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ê1947 Statutes of Nevada, Page 482ê

CHAPTER 148, AB 652

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Tax commission created

 

How composed

 

 

 

 

 

 

 

 

 

 

 

Appointments made by governor

 

 

 

 

 

Bonds of commissioners; exception

[Assembly Bill No. 256–Committee on Taxation]

 

Chap. 148–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.

 

[Approved March 27, 1947]

 

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 sec. 6542 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  There is hereby created a commission to be designated and known as the Nevada tax commission. Said Nevada tax commission shall consist of a chairman and six commissioners. The chairman shall be the governor of the State of Nevada. One of the commissioners shall be the appointive member of the public service commission who devotes all his time to the business of the State of Nevada; one of the said commissioners shall be versed in and possess a practical knowledge and experience in the classification of land and the value thereof; one of the said commissioners shall be versed in and possess a practical knowledge and experience in livestock and the value thereof; one of said commissioners shall be versed in and possess a practical knowledge and experience in the mining industry; one of the said commissioners shall be versed in and possess a practical knowledge and experience in business; one of said commissioners shall be versed in and possess a practical knowledge and experience in banking; each of said commissioners at the time of his appointment shall be actively engaged in the business of the department which he is chosen to represent on the commission. Said appointments shall be made by the governor, and not more than one of said commissioners shall be appointed from any one county in this state, and not more than a majority of the said commission shall be of the same political party. Three of said commissioners shall be appointed for a term of four years, and two of said commissioners for a term of two years, and upon the expiration of the terms for which the appointments are made all commissioners shall be appointed for terms of four years. The chairman and each of said commissioners shall have a vote upon all matters which shall come before said commission. Before entering upon his duties, each of said commissioners, except the governor and the public service commissioner, shall enter into a bond payable to the State of Nevada, to be approved by the board of examiners, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties, and shall subscribe to the official oath.


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ê1947 Statutes of Nevada, Page 483 (Chapter 148, AB 652)ê

 

State of Nevada, to be approved by the board of examiners, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties, and shall subscribe to the official oath. A chief clerk and statistician shall be employed by the commission and he shall be the secretary of the commission and shall be in charge of the office of the commissioner. For his services, the secretary of the commission shall receive a salary of five thousand ($5,000) dollars yearly, payable in the same manner as other state salaries are paid; provided, that the secretary shall receive additional compensation at the rate of ten (10%) percent of the salary fixed herein, which additional compensation shall be included in and paid by the salary warrants issued to him; provided further, that such additional compensation of ten (10%) percent shall automatically expire on June 30, 1949.

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

      Sec. 3.  This act shall be in full force and effect from and after July 1, 1947.

 

 

Chief clerk; statistician, secretary of board; compensation

 

 

 

 

 

 

Repeal

Effective date

 

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CHAPTER 149, AB 052

[Assembly Bill No. 250–Washoe County Delegation]

 

Chap. 149–An Act authorizing the county commissioners of the several counties and the city council of any incorporated city in this state to enter into cooperative agreements for the joint employment of clerical help in certain combined city and county offices; providing for the budgeting of expenses and their payment, and repealing acts or parts of acts in conflict therewith.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county commissioners of the various counties of this State and the city council of any incorporated city within such county, are hereby authorized and empowered to enter into cooperative agreements with each other for the joint employment of clerks, stenographers, and other employees in the offices of the city and county auditor, city and county assessor, city and county treasurer, or any other joint city and county office existing or hereafter established in the several counties, upon such terms and conditions as may be determined for the equitable apportionment of the expenses of such joint city and county office.

      Sec. 2.  The expenses incident to and necessary for the joint participation of counties and cities as provided in section 1 of this act shall be paid out of the general funds of such cities and counties concerned.

 

 

 

 

 

 

 

 

 

 

 

 

 

County commissioners and city councils may enter into agreements for joint employment of clerks, etc.

 

 

 

Expenses of joint employment, how paid; budgets


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ê1947 Statutes of Nevada, Page 484 (Chapter 149, AB 052)ê

 

 

 

 

 

 

Agreements in writing

 

 

 

 

Constitutionality

 

 

Repeal

 

In effect

such cities and counties concerned. The county commissioners of any county and city councils of any cities operating under the provisions of this act shall annually, at the time of making their respective county and city budgets, make an estimate of the expenses necessary to carry out the agreements under the provisions of this act, and budget the same in all respects as other items of the respective budgets are made.

      Sec. 3.  All agreements for cooperation between counties and cities pursuant to the terms of this act shall be evidenced by written agreements made and entered into by the county commissioners and the city councils interested, and the same shall be spread upon the minutes of the meeting of each of said bodies at the time of the adoption thereof.

      Sec. 4.  It is hereby expressly provided that in the event any section or other part of this act shall be held by any court to be void or inoperative for any cause, such holding shall not affect any other section or provision contained in this act.

      Sec. 5.  All acts or parts of acts in conflict with this act insofar as they affect the operation of the purpose of this act, are hereby repealed.

      Sec. 6.  This act shall be in full force and effect immediately upon its passage and approval.

 

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CHAPTER 150, AB 001

 

 

 

 

 

 

 

 

 

 

 

 

Real estate brokers’ and salesman’s license required

[Assembly Bill No. 100–Messrs. Gray, Wines, Stewart, and Warner]

 

Chap. 150–An Act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate board, and to provide a penalty for violation of the provisions thereof, and to repeal all acts and parts of acts in conflict therewith.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  It shall be unlawful on and after June 1, 1947, for any person, copartnership, association, or corporation, to engage in the business, act in the capacity of, advertise or assume to act as a real estate broker or real estate salesman within the State of Nevada, without first obtaining a license as a real estate broker or real estate salesman from the Nevada state real estate board, as provided for in this act.

      The Nevada state real estate board may prefer a complaint for violation of this section before any court of competent jurisdiction and said board, collectively and individually, and its counsel, may assist in presenting the law or facts upon any trial for a violation of this section.


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ê1947 Statutes of Nevada, Page 485 (Chapter 150, AB 001)ê

 

jurisdiction and said board, collectively and individually, and its counsel, may assist in presenting the law or facts upon any trial for a violation of this section.

      It is the duty of the district attorney of each county in the State of Nevada to prosecute all violations of this section in their respective counties in which violations occur.

      Sec. 2.  A real estate broker within the meaning of this act, is any person, copartnership, association, or corporation who for another and for a compensation, or who with the intention or expectation of receiving a compensation sells, exchanges, purchases, rents, or leases, or negotiates the sale, exchange, purchase, rental, or leasing of, or offers or attempts or agrees to negotiate the sale, exchange, purchase, rental, or leasing of, or lists or solicits prospective purchasers of any real estate or the improvements thereon; or who buys or offers to buy, sells, or offers to sell, or otherwise deals in options on real estate or the home improvements thereon; or who collects or offers or attempts or agrees to collect rental for the use of real estate or the improvements thereon; or who negotiates or offers or attempts or agrees to negotiate a loan upon real estate.

      The term “real estate” as used in this act shall include leasehold as well as any and every interest or estate in real estate, whether corporeal or incorporeal, freehold or nonfreehold, and whether said real estate is situated in this state or elsewhere.

      Sec. 3.  A real estate salesman within the meaning of this act is any person who is employed or engaged by a licensed real estate broker to do or to deal in any act, acts or transactions set out or comprehended by the definition of a real estate broker in section 2 of this act, for compensation or otherwise.

      Sec. 4.   Any person, copartnership, association, or corporation who for another, in consideration of compensation by fee, commission, salary, or otherwise, or with the intention or expectation of receiving compensation, does, offers or attempts, or agrees to do, engages in or offers or attempts or agrees to engage in, either directly or indirectly, any single act or transaction contained in the definition of a real estate broker in section 2 of this act, whether said act be an incidental part of a transaction, or the entire transaction, shall constitute such person, copartnership, association, or corporation a real estate broker or real estate salesman within the meaning of this act.

      Sec. 5.  The provisions of this act shall not apply to, and the term “real estate broker” and “real estate salesman” as above defined, shall not include any person, copartnership, association or corporation who, as owner or lessor, shall perform any of the acts aforesaid with reference to property owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where such acts are performed in the regular course of, or as an incident to the management of such property and the investment therein, nor shall the provisions of this act apply to any persons acting as attorney-in-fact under a duly executed power of attorney from the owner authorizing the final consummation by performance of any contract for the sale, leasing, or exchange of real estate, nor shall this act be construed to include in any way the services rendered by an attorney at law in the performance of his duties as such attorney at law; nor shall it be held to include, while acting as such, a receiver, trustee in bankruptcy, administrator, or executor, or any person doing any of the acts specified in section 2 of this act under jurisdiction of any court, nor to include a trustee acting under a trust agreement, deed of trust, or will, or the regular salaried employees thereof; nor to include the purchase or sale of mining claims or options thereon or interests therein; nor shall the provisions of this act apply to any bank, trust company, building and loan association, or any land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers as provided by law.

 

 

Duty of district attorney

 

 

Real estate broker defined

 

 

 

 

 

 

 

 

 

Real estate defined

 

 

Real estate salesman defined

 

 

Acts constituting a real estate broker or salesman

 

 

 

 

 

Provisions of act not to apply, when


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ê1947 Statutes of Nevada, Page 486 (Chapter 150, AB 001)ê

 

Provisions of act not to apply, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Real estate board created

 

 

 

Qualification of member

 

Terms of office

owned or leased by them, or to the regular employees thereof with respect to the property so owned or leased, where such acts are performed in the regular course of, or as an incident to the management of such property and the investment therein, nor shall the provisions of this act apply to any persons acting as attorney-in-fact under a duly executed power of attorney from the owner authorizing the final consummation by performance of any contract for the sale, leasing, or exchange of real estate, nor shall this act be construed to include in any way the services rendered by an attorney at law in the performance of his duties as such attorney at law; nor shall it be held to include, while acting as such, a receiver, trustee in bankruptcy, administrator, or executor, or any person doing any of the acts specified in section 2 of this act under jurisdiction of any court, nor to include a trustee acting under a trust agreement, deed of trust, or will, or the regular salaried employees thereof; nor to include the purchase or sale of mining claims or options thereon or interests therein; nor shall the provisions of this act apply to any bank, trust company, building and loan association, or any land mortgage or farm loan association organized under the laws of this state or of the United States, when engaged in the transaction of business within the scope of its corporate powers as provided by law.

      Sec. 6.  A board is hereby created to be known as the Nevada state real estate board, hereinafter designated as the “board.” Said “board” shall consist of five members, four thereof shall be appointed by the governor within thirty days after the passage and approval of this act, and one shall be an ex officio member. The state controller shall be said ex officio member and president of said “board.”

      No person shall be appointed as a member of the board who has not been actively engaged in business as a real estate broker within the State of Nevada for a period of at least three (3) years immediately preceding the date of his appointment.

      One member shall be appointed for a term of one year, one member shall be appointed for a term of two years, and two members shall be appointed for a term of three years, and until their successors are appointed and qualify; thereafter the term of the members of said board shall be for three years, and until their successors are appointed and qualify. At least two members of said board shall be residents of the northern district of Nevada, and at least two members of said board shall be residents of the southern district of Nevada. Not more than two members shall be appointed from any one county. The northern district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lyon, Lander, Ormsby, Pershing, Storey, and Washoe; the southern district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of Clark, Esmeralda, Lincoln, Mineral, Nye, and White Pine.


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ê1947 Statutes of Nevada, Page 487 (Chapter 150, AB 001)ê

 

of all that portion of the State of Nevada lying within the boundaries of the counties of Churchill, Douglas, Elko, Eureka, Humboldt, Lyon, Lander, Ormsby, Pershing, Storey, and Washoe; the southern district shall consist of all that portion of the State of Nevada lying within the boundaries of the counties of Clark, Esmeralda, Lincoln, Mineral, Nye, and White Pine.

      In the event of a vacancy occurring in said board, or the absence of any member from the state for a period of six (6) months without permission from the governor, the governor shall appoint a person duly qualified under this act to fill the unexpired term.

      Each member of said board shall, before entering upon the duties of his office, take a constitutional oath of office, and shall, in addition, make oath that he is legally qualified under the provisions of this act to serve as a member of said board. The said board shall meet at Carson City, at the call of the governor, on the first Tuesday in May 1947, and organize by electing from its members a vice president and secretary-treasurer to serve at the pleasure of the board, and designate some convenient place within the state as the principal office of the board. Said board in its sole discretion may likewise designate other convenient places within the state for the establishment of branch offices of the board, each of which shall, however, be in charge of an officer of the board.

      The board shall hold regular meetings on the first Tuesday of May, August, November, and February of each year, two of which said meetings shall be held in the northern district of the state, and two of which said meetings shall be held in the southern district of the state, at such place or places as shall be designated by the board for said purpose.

      Special meetings of the board may be held at the call of the president whenever there is sufficient business to come before the board to warrant such action, at any place most convenient to the board. A majority of the board shall constitute a quorum for the transaction of business, for the performance of any duty, or for the exercise of any power or authority of the board. A vacancy on the board shall not impair the right of the remaining members to perform all the duties and exercise all the power and authority of the board. The act of the majority of the board when in session as a board shall constitute the act of the board. The board may do all things necessary and convenient for carrying into effect the provisions of this act, and may from time to time promulgate necessary rules and regulations, which said rules and regulations when so promulgated by the board, shall be published in printed or mimeographed form and distributed to all licensed real estate brokers and real estate salesmen, and made available to the general public upon request at any office of the board.

Districts created

 

 

 

 

Vacancy, how filled

 

 

Oath of office

 

 

Organization

 

 

 

 

 

 

Regular meetings

 

 

 

 

Special meetings

 

Quorum

 

 

 

Acts of majority


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ê1947 Statutes of Nevada, Page 488 (Chapter 150, AB 001)ê

 

 

 

 

 

License fees, use of

 

 

 

 

 

 

 

 

 

 

Secretary’s bond; reports

 

 

 

 

 

 

 

 

Seal; evidence; public inspection

 

 

 

 

 

Attorney general, opinions of

rules and regulations when so promulgated by the board, shall be published in printed or mimeographed form and distributed to all licensed real estate brokers and real estate salesmen, and made available to the general public upon request at any office of the board.

      All money received for licenses shall be held by the treasurer of the board subject to its order. Said money shall be used to meet the expenses of the board for stationery, books of record, blanks, and other supplies, clerical and stenographic charges, office rent, the actual expenses of the members of the board in attendance upon meetings, and such other expenses as shall be reasonably necessary for carrying out the provisions of this act. Members of the board shall serve without compensation, but shall receive their actual expenses in attending upon meetings or in the transaction of other business of the board, insofar as the money received from licenses is sufficient therefor, but not otherwise. The payment of money from the funds of the board shall be made upon the written order of the president, countersigned by the secretary-treasurer.

      The secretary-treasurer shall give a bond to the State of Nevada for the faithful performance of his duties in the sum of two thousand ($2,000) dollars, said bond to be written by surety company properly qualified to do business in this state.

      The secretary-treasurer shall render to the governor of the State of Nevada, an annual report in detail, on the thirtieth day of June each year, the first such report to be made on June 30, 1948, said annual report to be accompanied by an audit of the accounts of the secretary-treasurer made by the state auditor of the State of Nevada, or by a certified public accountant, the choice resting with the board. The cost of said audit shall be paid for by the board out of its funds received from license fee as provided for in this act.

      The board shall adopt a seal with such design as the board may prescribe engraved thereon, by which it shall authenticate its proceedings. Copies of all records and papers in the office of the board, duly certified and authenticated by the seal of said board, shall be received in evidence in all courts equally and with like effect as the original. All records kept in the office of the board under authority of this act shall be open to public inspection under such rules and regulations as shall be prescribed by the board.

      Sec. 7.  The attorney general shall render to the board opinions upon all questions of law relating to the construction or interpretation of this act, or arising in the administration thereof that may be submitted to him by the board. The attorney general shall act as the attorney for the board in all actions and proceedings brought against the board under or pursuant to any of the provisions of this act.


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ê1947 Statutes of Nevada, Page 489 (Chapter 150, AB 001)ê

 

attorney general shall act as the attorney for the board in all actions and proceedings brought against the board under or pursuant to any of the provisions of this act.

      Sec. 8.  Licenses shall be granted only to persons who bear a good reputation for honesty, truthfulness, and fair dealing, and who are competent to transact the business of a real estate broker or real estate salesman in such a manner as to safeguard the interests of the public, and only after satisfactory proof thereof has been presented to the board.

      Every applicant for a license as a real estate broker or real estate salesman shall be of the age of 21 years or over, and a citizen of the United States, and a resident of the State of Nevada for a period of at least six months next immediately preceding the filing of the application for license. Every applicant for a license as a real estate broker shall have actively served as a licensed real estate salesman within the State of Nevada, or elsewhere, for a period of at least six months immediately preceding the filing of the application for license. No broker’s license shall be issued to a copartnership, association, or corporation unless all the members of any such copartnership or association, who will actively engage in the real estate business, and all the officers and directors of any such corporation who will actively engage in the real estate business are 21 years of age or over and citizens of the United States, and residents of the State of Nevada for a period of at least six months next immediately preceding the filing of the application for license; provided, however, that any person not a citizen of the United States may be eligible for license if due proof is made to the board that he has received his first citizenship papers. Licenses granted hereunder to applicants who have received their first citizenship papers and who fail to become citizens of the United States in due course, shall be revoked by the board. Any person licensed as a real estate broker or real estate salesman within the State of Nevada at any time prior to the passage and approval of this act shall be exempt from the citizenship requirements of this act.

      Sec. 9.  Application for license as real estate broker shall be made in writing to the board upon blanks prepared or furnished by the board.

      The application shall be accompanied by the recommendation of at least three resident citizens not related to the applicant, who have owned real estate for a period of two years or more in the county in which the applicant resides, or has or intends to establish his place of business, and who have known applicant for a period of two years or more, which recommendation shall be under oath and shall certify that the applicant bears a good reputation for honesty, truthfulness, fair dealing, and competency, and recommending that a license be granted to the applicant.

 

 

Licenses granted, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Proviso

 

 

 

 

 

 

 

Application for license; procedure


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ê1947 Statutes of Nevada, Page 490 (Chapter 150, AB 001)ê

 

 

 

 

 

 

 

 

 

Application, what to contain

that the applicant bears a good reputation for honesty, truthfulness, fair dealing, and competency, and recommending that a license be granted to the applicant.

      If the applicant cannot secure such recommendations for the reason that he has not resided within the county for a period of two years, he may furnish similar recommendations from three persons with like qualifications from any county where the applicant has resided within the two years prior to the filing of his application.

      Every application for a real estate broker’s license shall set forth the following information, to wit:

      1.  The name, age, and address of the applicant. If the applicant be a copartnership or an association, the name, age, and address of each member thereof. If the application be for a corporation, the name, age, and address of each officer and director thereof.

      2.  The name under which the business is to be conducted. Said name shall be deemed to be a “fictitious name” if the same does not contain the name of the applicant or the names of the members of applicant’s firm, copartnership, or association. No license shall be issued under a fictitious name which includes the name of a real estate salesman. No license shall be issued under the same fictitious name to more than one licensee within the state. All licensees doing business under a fictitious name shall comply with other pertinent statutory regulations regarding the use of fictitious names.

      3.  The place or places, including the street number, the city and county where the business is to be conducted.

      4.  The business or occupation theretofore engaged in by the applicant for a period of at least two years immediately preceding the date of such application, and the location thereof; if the applicant be a copartnership or an association, by each member thereof; or if a corporation, by each officer thereof.

      5.  The time and place of the applicant’s previous experience in the real estate business as a broker or salesman; if the applicant be a copartnership or association, by each member thereof, or if a corporation by each officer thereof.

      6.  Whether the applicant has ever been convicted of or is under indictment for a felony, and if so, the nature of the same.

      7.  Whether the applicant has been refused a real estate broker’s or real estate salesman’s license in any state, or whether his license as a broker or salesman has been revoked or suspended by any other state; if applicant be a copartnership or an association, by each member thereof; if applicant be a corporation, by each officer thereof.


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ê1947 Statutes of Nevada, Page 491 (Chapter 150, AB 001)ê

 

      8.  If the applicant is a copartnership, association, or corporation, the name of the designated member or officer thereof who is to receive his license by virtue of the issuance of a license to the copartnership, association or corporation, as hereinafter provided.

      9.  If applicant is a member of a copartnership or association, or an officer of a corporation, the name and office address of the copartnership or association or corporation of which said applicant is a member or officer.

      10.  Such application for a broker’s license shall be verified by the applicant; if such application is made by a copartnership or an association, it shall be verified by at least two members thereof; if made by a corporation, it shall be verified by the president and secretary thereof.

      Every copartnership and association in its application for a license shall designate and appoint one of its members, and every corporation in its application for a license shall designate and appoint one of its officers, to submit an application for a broker’s license. The application of said copartnership, association, or corporation, and the application of said member or officer so designated, shall be jointly filed with the board. No license shall be issued to any copartnership, association, or corporation unless and until the person or officer so designated by the copartnership, association, or corporation shall submit to and pass the examination required by this act on behalf of the copartnership, association, or corporation. Upon such member’s or officer’s successfully passing said examination, and upon compliance with all other requirements of law by the copartnership, association, or corporation, as well as by said designated member or officer, the board shall issue a broker’s license to said copartnership, association, or corporation which shall bear the name of such member or officer, and thereupon the member or officer so designated shall, without payment of any further fee, be entitled to perform all the acts of a real estate broker contemplated by this act; provided, however, that said license shall entitle such member or officer so designated to act as a real estate broker only as officer or agent of said copartnership, association, or corporation, and not on his own behalf; and provided further, that if in any case the person so designated shall be refused a license by the board, or in case said person ceases to be connected with said copartnership, association, or corporation, said copartnership, association, or corporation shall have the right to designate another person who shall make application and qualify as in the first instance.

      Each and every member or officer of a copartnership, association, or corporation who will perform or engage in any of the acts specified in section 2 of this act, other than the member or officer designated for such purpose by the copartnership, association, or corporation, in the manner above provided, shall be required to make application for and take out a separate broker’s license in his own name individually; provided, however, that the license issued to any such member or officer of a copartnership, association, or corporation shall entitle such member or officer to act as a real estate broker only as an officer or agent of said copartnership, association, or corporation and not on his own behalf.

 

 

 

 

 

 

 

 

 

 

 

Application submitted, by whom

 

 

 

No license issued, when

 

 

 

 

 

 

 

 

 

 

 

 

License refused, procedure


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

ê1947 Statutes of Nevada, Page 492 (Chapter 150, AB 001)ê

 

Member required to take examination, when

 

 

 

 

 

Application in writing; contents

 

 

 

 

 

 

 

 

 

Fees required

 

 

 

Bond required of licensee

 

 

 

 

 

Right of action by injured person

the acts specified in section 2 of this act, other than the member or officer designated for such purpose by the copartnership, association, or corporation, in the manner above provided, shall be required to make application for and take out a separate broker’s license in his own name individually; provided, however, that the license issued to any such member or officer of a copartnership, association, or corporation shall entitle such member or officer to act as a real estate broker only as an officer or agent of said copartnership, association, or corporation and not on his own behalf.

      Sec. 10.  Application for license as real estate salesman shall be made in writing to the board upon blanks prepared or furnished by the board, and shall contain such information as is required in a broker’s application, and shall also set forth the name and address of the applicant’s last employer and the name and place of business of the person, firm, copartnership, association, or corporation then employing applicant, or into whose service applicant is about to enter. Such application shall be verified by the applicant and shall be accompanied by a verified written statement of the broker in whose service said applicant is about to enter, certifying that in his opinion the applicant is honest, truthful, and of good reputation, and recommending that the license be granted to the applicant, and certifying that the employment of such applicant is actual and in good faith.

      Sec. 11.  Every application for a license as a real estate broker or real estate salesman under the provisions of this act shall be accompanied by the examination fee and original license fee prescribed by this act. In the event the board does not issue the license as applied for, the license fee only shall be returned to the applicant.

      Sec. 12.  Every applicant for a license under the provisions of this act shall be accompanied by a bond in the sum of $1,000 running to the State of Nevada, executed by two good and sufficient sureties approved by the board, or executed by a surety company duly authorized to do business in this state. Such bond shall be in a form approved by the board and conditioned that the applicant shall conduct his business in accordance with the requirements of this act. All bonds given by licensees under the provisions of this act, after approval, shall be filed and held in the office of the board. Any person injured by failure of a real estate broker or real estate salesman to comply with the provisions of this act shall have the right in his own name to commence action against said real estate broker or real estate salesman and his surety or sureties for the recovery of any damages sustained by the failure or commissions of said real estate broker or real estate salesman to comply with the provisions of this act, or any of them. In all cases where suit is brought for the purpose of collecting damages, the court shall upon entering judgment for the plaintiff, allow as part of the costs in said suit a reasonable amount as attorney’s fees.


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

ê1947 Statutes of Nevada, Page 493 (Chapter 150, AB 001)ê

 

the purpose of collecting damages, the court shall upon entering judgment for the plaintiff, allow as part of the costs in said suit a reasonable amount as attorney’s fees.

      Sec. 13.  Applications for a broker’s or salesman’s license shall contain such other information pertaining to the applicant, in addition to that herein provided for, as the board shall require. The board may require such other proof through the application or otherwise as it shall deem desirable, with due regard to the paramount interests of the public as to the honesty, truthfulness, integrity, and competency of the applicant. The board is expressly vested with the power and authority to make and enforce any and all such reasonable rules and regulations connected with the application for any license as shall be deemed necessary to administer and enforce the provisions of this act.

      All applications for licenses as real estate brokers or real estate salesmen hereunder, shall be acted upon by the board within sixty (60) days from the date of the filing of applications therefor.

      Sec. 14.  In addition to the proof of honesty, truthfulness and good reputation required of any applicant for a real estate license, the board shall ascertain by written examination that the applicant for a real estate broker’s license has the following qualifications, to wit:

      1.  Appropriate knowledge of the English language including reading, writing, and spelling, and of elementary arithmetic.

      2.  A fair understanding of the rudimentary principles of real estate conveyancing, the general purpose and legal effect of deeds, mortgages, land contracts of sale, and leases, and of the elementary principle of land economics and appraisals.

      3.  A general and fair understanding of the obligations between principal and agent, of the principles of real estate practice, and the canons of business ethics pertaining thereto, as well as of the provisions of this act.

      In the case of any applicant for real estate salesman’s license who complies with the required qualifications of honesty, truthfulness, and good reputation, the board need only ascertain by written examination that the applicant has appropriate knowledge of the English language, including reading, writing, and spelling, and of elementary arithmetic, and a fair understanding of the obligations between principal and agent.

      Any person who has been licensed as a real estate broker or real estate salesman for a period of six months next immediately preceding the effective date of this act, and who is thus engaged within this state at the time this act goes into effect, may secure a license as a real estate broker or real estate salesman without an examination, provided such person shall make application for the same within ninety (90) days after the effective date of this act.

 

 

Additional information required of applicant

 

 

 

 

 

 

 

 

 

 

Examination of applicant as to qualifications; education

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Licensed without examination, when


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

ê1947 Statutes of Nevada, Page 494 (Chapter 150, AB 001)ê

 

 

 

No license issued, when

 

 

Who to submit to examination

 

 

 

License issued

 

 

 

 

Examinations, when held

 

 

 

 

 

Duty to issue license

 

 

 

 

 

Refusal of license, when

 

 

 

License personal to licensee

estate salesman without an examination, provided such person shall make application for the same within ninety (90) days after the effective date of this act.

      In the event the license of any real estate broker or real estate salesman shall be revoked by the board subsequent to the enactment of this act, no new license shall be issued to such person unless he complies with the provisions of this act.

      If the applicant is a copartnership, association, or corporation, the examination herein provided for shall be submitted to on behalf of said copartnership, association, or corporation by the member or officer thereof who is designated in the application as the person to receive a license by virtue of the issuance of a license to the copartnership, association, or corporation, as provided for in section 9 of this act,

      Upon satisfactorily passing such examination and upon complying with all other provisions of law and conditions of this act, a license shall thereupon be granted by the board to the successful applicant therefor as a real estate broker or real estate salesman, and the applicant upon receiving such license is authorized to conduct the business of a real estate broker or real estate salesman in this State.

      Examinations for licenses shall be held by the board at least four times a year, on the first Monday of May, August, November, and February of each year. Applicants failing to pass the first examination shall wait at least ninety (90) days before reapplying for license. Applicants failing a second time to pass said examination, shall wait a period of at least six (6) months before reapplying for license. Applicants failing to pass said examination three times or more, shall wait a period at least one year before reapplying for license.

      Sec. 15.  It shall be the duty of the board to issue licenses as real estate broker or real estate salesman to all applicants who shall duly qualify and who shall comply with all provisions of law and all requirements of this act.

      The board, after an application in proper form has been filed, shall, before refusing to issue a license, conduct a hearing on said application and make determination thereof in the manner provided in section 21 of this act.

      Where an applicant has been convicted of forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, and who has been convicted thereof in a court of competent jurisdiction of this or any other state, such untrustworthiness of the applicant, and said conviction, may in itself be sufficient ground for refusal of license.

      Sec. 16.  No real estate license issued hereunder shall give authority to do or perform any act specified herein to any person other than the person to whom the license is issued, or from any place of business other than that specified therein.


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

ê1947 Statutes of Nevada, Page 495 (Chapter 150, AB 001)ê

 

any person other than the person to whom the license is issued, or from any place of business other than that specified therein.

      Sec. 17.  The board shall issue to each licensee a license in such form and size as shall be prescribed by the board. This license shall show the name and address of the licensee, and in case of a real estate salesman’s license, shall show the name of the real estate broker by whom he is employed. Each license shall have imprinted thereon the seal of the board, and in addition to the foregoing shall contain such matter as shall be prescribed by the board. The license of each real estate salesman shall be delivered or mailed to the real estate broker by whom such real estate salesman is employed, and shall be kept in the custody and control of such broker. It shall be the duty of each real estate broker to conspicuously display his license in his place of business.

      The board shall prepare and deliver to each licensee a pocket card, which card among other things shall contain an imprint of the seal of the board and shall certify that the person whose name appears thereon is a licensed real estate broker or real estate salesman, as the case may be, and if it is a real estate salesman’s card it shall also contain the name and address of his employer. The matter to be printed on such pocket card, except as above set forth, shall be prescribed by the board.

      Every person, copartnership, association, or corporation licensed as a real estate broker under the provisions of this act, shall be required to have and maintain a definite place of business within this state, which shall be a room or rooms used for the transaction of real estate business, or such business and any allied businesses, and which shall serve as his, their, or its office for the transaction of business under the authority of said license, and where said license shall be prominently displayed. The said place of business shall be specified in the application for license and designated in the license, and no license issued under the authority of this act shall authorize the licensee to transact business from any office other than that designated in the license, unless notice in writing shall be given within ten days to the board of any change of business location, designating the new location of such office, whereupon the board shall issue a new license for the new location for the unexpired period. If the real estate broker maintains more than one place of business within the state, a duplicate license shall be issued to such broker for each branch office so maintained by him, in which said duplicate license shall be conspicuously displayed.

      All real estate brokers shall also prominently display in their place or places of business the licenses of all real estate salesmen employed by them therein or in connection therewith.

 

 

License, form of

 

 

 

 

 

 

 

 

Pocket card

 

 

 

 

 

Definite place of business

 

 

 

 

 

 

 

 

 

Duplicate license


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

ê1947 Statutes of Nevada, Page 496 (Chapter 150, AB 001)ê

 

License displayed in place of business

Notice re change of employer

 

 

 

 

 

 

 

License canceled, when

 

 

Duty of real estate broker on discharge of salesman

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Broker leaving association, effect of

their place or places of business the licenses of all real estate salesmen employed by them therein or in connection therewith. All licenses issued to real estate salesmen shall designate the employer of such salesmen by name. Prompt notices in writing within ten days shall be given to the board by any real estate salesman of a change of employer, together with the name of the new employer into whose service such salesman is about to enter. The board shall in its discretion issue a new license to said salesman for the unexpired term of the original license, upon the filing of an application for a transfer and payment of a transfer fee of $1; provided, that such new employer shall be a duly licensed real estate broker, and provided either the former employer or the new employer shall certify to the honesty, truthfulness, and good reputation of said transferee.

      A change of employer or employment by any licensed real estate salesman without notice to the board, as aforesaid, shall automatically cancel the license heretofore issued to him.

      When any real estate salesman shall be discharged or shall terminate his employment with the real estate broker by whom he is employed, it shall be the duty of such real estate broker to immediately deliver or mail by registered mail to the board such real estate salesman’s license, together with a written statement of the circumstances surrounding any such discharge or termination of employment. The real estate broker shall, at the time of mailing such real estate salesman’s license to the board, address a communication to the last-known residence address of such real estate salesman, which communication shall advise such real estate salesman that his license has been delivered or mailed to the board. A copy of such communication to the real estate salesman shall accompany the license when delivered or mailed to the board. It shall be unlawful for any real estate salesman to perform any of the acts contemplated by this act, either directly or indirectly, under authority of said license from and after the date of receipt of said license from said broker by the board; provided, that another license shall not be issued to such real estate salesman until he shall return his former pocket card to the board or shall satisfactorily account to it for the same; provided further, that not more than one license shall be issued to any real estate salesman for the same period of time.

      If any real estate broker licensed hereunder as a member of a copartnership or association or as an officer of a corporation should discontinue his connections with such copartnership, association, or corporation, and thereafter desire to act as an individual real estate broker, or become associated with any other copartnership, association, or corporation, said broker shall be required to file an application and pay an original broker’s fee for a new license as an individual broker or as a member of such new copartnership, or association, or as an officer of such new corporation.


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

ê1947 Statutes of Nevada, Page 497 (Chapter 150, AB 001)ê

 

said broker shall be required to file an application and pay an original broker’s fee for a new license as an individual broker or as a member of such new copartnership, or association, or as an officer of such new corporation.

      Sec. 18.  Each real estate broker licensed hereunder shall erect and maintain a sign in a conspicuous place upon the premises whereon or wherein his business is being conducted to indicate that he is a licensed real estate broker. The name of said broker or the name under which he conducts his business, if the same be a fictitious name, as set forth in his license, or the name of any copartnership, association, or corporation licensed hereunder, shall be clearly shown thereon. The size and place of said sign shall conform to whatever regulations governing the same may be adopted by the board. Similar signs shall also be erected and maintained in a conspicuous place at any and all branch offices wherein or whereon such real estate broker shall conduct his business.

      Sec. 19.  The following fees shall be charged by and paid to the board:

      1.  For each real estate broker’s examination, an examination fee of $20; for each original real estate broker’s license, a fee of $20; and for each renewal real estate broker’s license, a fee of $20 a year, or fraction thereof.

      2.  For each license as a real estate broker issued to a member of a copartnership, association, or officer of a corporation, other than the member of the copartnership, association, or officer of the corporation named in the license issued to such copartnership, association, or corporation, a fee of $20, and for each annual renewal thereof a fee of $20.

      3.  For each real estate salesman’s examination, an examination fee of $10; for each original real estate salesman’s license, a fee of $10; for each renewal real estate salesman’s license, a fee of $10 a year, or fraction thereof.

      4.  For each branch office broker’s license, $5 a year, or fraction thereof.

      5.  For each change of name or address, a fee of $1.

      6.  For each transfer of real estate salesman’s license on change of employer, a fee of $1.

      7.  For each duplicate license or pocket card where the original license or pocket card is lost or destroyed, and affidavit made thereof, a fee of $3.

      All licenses issued hereunder shall expire on December 31 of each year at midnight.

      An original real estate broker’s license referred to herein is a license issued to an applicant therefor who had no such real estate broker’s license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.

 

 

 

Signs maintained; fictitious names

 

 

 

 

 

 

 

 

 

Fees to be charged

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Expiration

 

Original license


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

ê1947 Statutes of Nevada, Page 498 (Chapter 150, AB 001)ê

 

Renewal license

 

 

 

 

 

 

 

 

 

 

Original application, when

 

 

Board to investigate actions, when

 

 

 

Board may suspend or revoke license, when

      A renewal real estate broker’s license referred to herein is a license issued to an applicant therefor who had a real estate broker’s license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.

      An original real estate salesman’s license referred to herein is a license issued to an applicant therefor who had no such real estate salesman’s license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.

      A renewal real estate salesman’s license referred to herein is a license issued to an applicant therefor who had a real estate salesman’s license unrevoked and unsuspended on December 31 of the year prior to the year for which the license is issued.      

      If a licensee fails to apply for a renewal of his license prior to the date of the expiration thereof, no license shall be issued to him except upon another original application, except that within one year of such expiration a renewal may be issued upon a payment of a fee double the amount otherwise required for renewal.

      Sec. 20.  The board may upon its own motion and shall upon the verified complaint in writing of any person, provided such complaint, or such complaint together with evidence, documentary or otherwise, presented in connection herewith, shall make out a prima-facie case, investigate the actions of any real estate broker or real estate salesman, or any person who shall assume to act in either such capacity within this state, and shall have the power to suspend or to revoke any license issued under the provisions of this act at any time where the licensee has within three years next immediately preceding such action, by false or fraudulent representation, obtained a license, or where the licensee in performing or attempting to perform any of the acts mentioned herein is deemed to be guilty of:

      1.  Making any substantial misrepresentation; or

      2.  Making any false promises of a character likely to influence, persuade, or induce; or

      3.  Pursuing a continued and flagrant course of misrepresentation, or making of false promises through agents or salesmen or advertising or otherwise; or

      4.  Acting for more than one party in a transaction without the knowledge of all parties for whom he acts; or

      5.  Accepting a commission or valuable consideration as a real estate salesman for the performance of any of the acts specified in this act from any person except his employer, who must be a licensed real estate broker; or

      6.  Representing or attempting to represent a real estate broker other than the employer, without the express knowledge and consent of the employer; or

 


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

ê1947 Statutes of Nevada, Page 499 (Chapter 150, AB 001)ê

 

broker other than the employer, without the express knowledge and consent of the employer; or

      7.  Failing, within a reasonable time, to account for or to remit any moneys coming into his possession which belong to others; or

      8.  Willfully using the term “realtor” or any other trade name or insignia of membership in any real estate organization of which the licensee is not a member, without the legal right so to do; or

      9.  Disregarding or violating any of the provisions of this act; or

      10.  Paying or receiving any rebate, profit, compensation, or commission in violation of this act; or

      11.  Inducing any party to a contract, sale, or lease to break such contract for the purpose of substituting in lieu thereof a new contract with the same principal or a different principal, where such substitution is motivated by the personal gain of the licensee; or

      12.  Forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or other like offense or offenses, and who has been convicted thereof in a court of competent jurisdiction of this or any other state; or

      13.  Guaranteeing, or having authorized or permitted any person to guarantee future profits which may result from the resale of real property; or

      14.  Negligence, or failure to disclose or to ascertain and disclose to any person with whom such licensee is dealing, any material fact, data, or information concerning or relating to the property with which such licensee is dealing, which such licensee knew; or

      15.  The practice of claiming, demanding, or receiving a fee, compensation, or commission under any exclusive agreement authorizing or employing a licensee to sell, buy, or exchange real estate for compensation or commission where such agreement does not contain a definite, specified date of final and complete termination; or

      16.  The claiming or taking by a licensee of any secret or undisclosed amount of compensation, commission, or profit or the failure of a licensee to reveal to the employer of such licensee the full amount of such licensee’s compensation, commission, or profit under any agreement authorizing or employing such licensee to sell, buy, or exchange real estate for compensation or commission prior to or coincident with the signing of such agreement evidencing the meeting of the minds of the contracting parties, regardless of the form of such agreement, whether evidenced by documents in an escrow or by any other or different procedure; or

Board may suspend or revoke license, when


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

ê1947 Statutes of Nevada, Page 500 (Chapter 150, AB 001)ê

 

Board may suspend or revoke license, when

 

 

 

 

 

 

 

 

Guilty knowledge necessary, when

 

 

 

Prima-facie evidence of conduct

 

 

License of association revoked

 

 

 

 

Proviso

 

 

 

 

Licensee notified of charges

      17.  The use by a licensee of any provision allowing the licensee an option to purchase in an agreement authorizing or employing such licensee to sell, buy, or exchange real estate for compensation or commission, except when such licensee, prior to or coincident with election to exercise such option to purchase, reveals in writing to the employer the full amount of licensee’s profit and obtains the written consent of the employer approving the amount of such profit; or

      18.  Being unworthy or incompetent to act as a real estate broker or salesman in such manner as to safeguard the interests of the public; or

      19.  Any other conduct, whether of the same or a different character from that hereinbefore specified, which constitutes improper, fraudulent, or dishonest dealing.

      Any unlawful act or violation of any of the provisions of this act by any licensee, shall not be cause for the suspension or revocation of a license of any employer, employee, salesman, partner, member or officer, associated with or employed by such licensee, unless it shall appear to the satisfaction of the board that said employer, employee, salesman, partner, member, or officer had guilty knowledge thereof. A course of dealing shown to have been persistently and consistently followed by any real estate salesman, employee, partner, associate, or officer shall constitute prima-facie evidence of such knowledge upon the part of the employer, partner, associate, or officer. In the event of the revocation or suspension of the license issued to any member of a copartnership or association or to any officer of a corporation, the license issued to such copartnership, association, or corporation shall, however, be revoked by the board unless, within a time fixed by the board, where a copartnership or association, the connection therewith of the member whose license has been revoked shall be severed and his interest in the copartnership or association and his share in its activities brought to an end, or where a corporation, the offending officer shall be discharged and shall have no further participation in its activities; provided, however, that such discharged or withdrawing member or officer of such copartnership, association, or corporation may reassume his connection with, or be reengaged by such copartnership, association, or corporation upon termination of the suspension or reinstatement of his license.

      Sec. 21.  Before refusing, suspending, or revoking any license the board shall, in writing, notify the applicant or licensee of the charges against him, accompanying the notice with a copy of the complaint, if any filed, and the board shall grant the applicant or licensee an opportunity to be heard thereon in person or by counsel. If the applicant or licensee shall so desire, the board shall grant a hearing upon such charges, to be held not less than ten days after prior notice in writing to the applicant or licensee, nor more than thirty days after the filing of the complaint, and shall furnish applicant or licensee at the time of giving the said notice, with copies of any and all communications, reports, affidavits, and depositions in possession of the board, touching or relating to the matter in question.


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

ê1947 Statutes of Nevada, Page 501 (Chapter 150, AB 001)ê

 

licensee shall so desire, the board shall grant a hearing upon such charges, to be held not less than ten days after prior notice in writing to the applicant or licensee, nor more than thirty days after the filing of the complaint, and shall furnish applicant or licensee at the time of giving the said notice, with copies of any and all communications, reports, affidavits, and depositions in possession of the board, touching or relating to the matter in question. Such written notice may be served by delivery of same personally to the applicant, or licensee, or by mailing same by registered mail to the last-known business address of such applicant, or licensee. If said applicant, or licensee, be a salesman, the board shall also notify the broker employing him, or in whose employ he is about to enter, by mailing notice by registered mail to the broker’s last-known business address. The hearing on such charges shall be at such time and place as the board shall prescribe. At such hearing the applicant, or licensee, shall be entitled to examine, either in person or by counsel, any and all persons complaining against him, as well as all other witnesses whose testimony is relied upon to substantiate the charge made. He shall be entitled to present such evidence, written and oral, as he may see fit, and as may be pertinent to the inquiry. The said hearings may be held by the board or a majority thereof, and they should be held, if the applicant, or licensee so desires, within the county where the applicant’s, or licensee’s, principal place of business is situated. At such hearing, all witnesses shall be duly sworn by the board, or any member thereof, and stenographic notes of the proceedings shall be taken and filed as part of the record in the case. Any party to the proceedings desiring it shall be furnished with a copy of such stenographic notes upon the payment to the board of such fee as it shall prescribe by general rule or regulation, not exceeding, however, 25ȼ per folio.

      Sec. 22.  The board, or any member thereof, shall have power to administer oaths, certify to all official acts, and to issue subpenas for attendance of witnesses and the production of books and papers. In any hearing in any part of the state the process issued by the board shall extend to all parts of the state and may be served by any person authorized to serve process of courts of record. The person serving any such process shall receive such compensation as may be allowed by the board, not to exceed the fees prescribed by law for similar service, and such fees shall be paid in the same manner as provided herein for the payment of the fees of witnesses. Each witness who shall appear by order of the board shall receive for his attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpenaed.

Hearing of charges

 

 

 

 

 

 

 

 

 

Hearing, where held

Rights of licensee

 

 

 

 

 

 

Witnesses

 

 

Stenographic notes

 

 

Administration of oaths

 

Process statewide

 

 

 

 

Witness fees


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

ê1947 Statutes of Nevada, Page 502 (Chapter 150, AB 001)ê

 

 

 

 

 

Powers of district court

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Depositions taken

cases, which amount shall be paid by the party at whose request such witness is subpenaed. When any witness who has not been required to attend at the request of any party shall be subpenaed by the board, his fees and mileage shall be paid from the funds of the board in the same manner as other expenses of said board are paid.

      The district court in and for the county in which any hearing may be held by the board shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpena issued by the board. In case of the refusal of any witness to attend or testify or produce any papers required by such subpena the board may report to the district court in and for the county in which the hearing is pending by petition, setting forth that due notice has been given of the time and place of attendance of said witness or the production of said books or papers, and that the witness has been subpenaed in the manner prescribed in this act, and that the witness has failed and refused to attend or produce the papers required by subpena before the board in the cause or proceeding named in the subpena, or has refused to answer questions propounded to him in the course of such hearing, and ask an order of said court compelling the witness to attend and testify or produce said books or papers before the board. The court, upon petition of the board, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than ten days from the date of the order, and then and there show cause why he has not attended or testified or produced said books or papers before the board. A certified copy of said order shall be served upon said witness. If it shall appear to the court that said subpena was regularly issued by the board, the court shall thereupon enter an order that said witness appear before the board at the time and place fixed in said order and testify or produce the required books or papers, and upon failure to obey said order said witness shall be dealt with as for contempt of court.

      The board may in any hearing before it cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the district courts of this state, and to that end may compel the attendance of witnesses and the production of books and papers. The district court in and for the county in which any hearing may be held by the board shall, upon the application of the board, issue commissions to other states for the taking of evidence therein for use in any proceedings before the board.


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

ê1947 Statutes of Nevada, Page 503 (Chapter 150, AB 001)ê

 

      Any party to any hearing before the board shall have the right to the attendance of witnesses in his behalf at such hearing or upon deposition as set forth in this section upon making request therefor to the board and designating the name and address of the person or persons sought to be subpenaed.

      Sec. 23.  The decision of said board in refusing to grant, or in suspending, or in revoking any license under this act shall be subject to review in accordance with the provisions of chapter seventy-two of that certain act entitled “An act to regulate proceedings in civil cases in this state and to repeal all other act in relation thereto,” approved March 17, 1911, and being sections 9230 to 9240, inclusive, of the Nevada Compiled Laws of 1929, as amended. The board shall maintain in its main office a public docket or other record in which it shall record from time to time as made, the rulings or decisions upon all complaints filed with it, and all investigations instituted by it in the first instance, upon or in connection with which any such hearing shall have been had, or in which the licensee charged shall have made no defense. The board shall render a decision on any complaint within sixty days from the final hearing thereon, and shall give immediate notice in writing of such ruling or decision to the applicant or licensee affected thereby, and where the investigation or hearing shall have been instituted by complaint filed, to the party or parties by whom the complaint was made, said notice to be given by registered mail to the last-known address of the person to whom the same is sent. If such ruling shall be to the prejudice of, or shall injuriously affect the licensee, the board shall also state in such notice the date upon which the said ruling or decision shall become effective, which such date shall not be less than thirty days from and after the date of said notice.

      Such ruling or decision of the board shall be final when in favor of the licensee. If against the licensee said licensee may within ten days from the date of said decision appeal therefrom to the district court of the State of Nevada, in and for the county in which the party adversely affected by such decision resides or has his place of business under the terms of this act, by serving upon the duly elected president or secretary-treasurer of the board a notice of such appeal, and a demand in writing for a certified transcript of all the papers on file in the office of the board affecting or relating to such decision, and all the evidence taken on the hearing, and paying not more than 25ȼ for each folio of the transcript and one dollar for the certification thereof. Thereupon, the secretary-treasurer or in his absence or inability to act the president of such board shall, within thirty days, make and certify such transcript, and the appellant shall, within five days after receiving the same, file the same and the notice of appeal with the clerk of said court.

Right to witnesses

 

 

 

Decisions of board subject to court review

 

 

 

 

 

 

 

 

Board to render decision, when

 

 

 

 

 

 

 

Final decision, when; exception; appeal to district court; procedure


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

ê1947 Statutes of Nevada, Page 504 (Chapter 150, AB 001)ê

 

 

 

 

 

 

 

 

Decision effective, when

 

 

 

No new license issued for one year

 

 

 

List of licensees published

 

 

 

 

 

 

Payment of commissions unlawful, when

certify such transcript, and the appellant shall, within five days after receiving the same, file the same and the notice of appeal with the clerk of said court. Upon the hearing of such appeal, the burden of proof shall be upon the appellant, and the court shall receive and consider any pertinent evidence, whether oral or documentary, concerning the action of the board from which the appeal is taken, but shall be limited solely to a consideration and determination of the question whether there has been an abuse of discretion on the part of the board in making such decision.

      The decision of the board shall not take effect until thirty days after its date, and if notice of appeal and demand for transcript are served upon the board in accordance with the provisions of this section, then such stay shall remain in full force and effect until decision upon appeal by said district court. But if said aggrieved party shall fail to perfect his appeal as herein provided, said stay shall automatically terminate.

      Sec. 24.  After the revocation of any license by the board as herein provided, no new license shall be issued to the same licensee within a period of one year from and after the date of such revocation, nor at any time thereafter except in the sole discretion of the board, and then only provided that the licensee satisfies all the requirements for an original licensure.

      Sec. 25.  The board shall at least semiannually publish a list of the names and addresses of all licensees licensed by it under the provisions of this act, and of all applicants and licensees whose licenses have been refused, suspended or revoked within one year, together with such other information relative to the enforcement of the provisions of this act as it may deem of interest to the public. One of such lists shall be mailed to the county clerk in each county of the state and shall be filed by said county clerk as a public record. Such lists shall also be mailed by the board to any person in this state upon request.

      Sec. 26.  It shall be unlawful for any licensed broker or salesman to offer, promise, allow, give, or pay, directly or indirectly, any part or share of his commission or compensation arising or accruing from any real estate transaction to any person who is not a licensed broker or salesman, in consideration of services performed or to be performed by such unlicensed person; provided, however, that a licensed real estate broker may pay a commission to a broker of another state; and no real estate salesman shall be employed by or accept compensation from any person other than the broker under whom he is at the time licensed. It shall be unlawful for any licensed real estate salesman to pay a commission to any person except through the broker under whom he is at the time licensed.


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

ê1947 Statutes of Nevada, Page 505 (Chapter 150, AB 001)ê

 

for any licensed real estate salesman to pay a commission to any person except through the broker under whom he is at the time licensed.

      Sec. 27.  Within one month after the closing of a transaction in which title to real property is conveyed from a seller to a purchaser through a licensed real estate broker, such broker shall inform or cause the information to be given to the seller and purchaser, in writing, of the selling price thereof, and in event an exchange of real property is involved, such information shall include a description of said property and amount of added money consideration, if any. If the transaction is closed through escrow and the escrow holder renders a closing statement which reveals such information, that shall be deemed compliance with this section on the part of the broker.

      Sec. 28.  When a licensee prepares or has prepared an agreement authorizing or employing such licensee to purchase or sell real estate for compensation or commission, such licensee shall deliver a copy of such agreement to the person signing the same. Receipt for said copy may be made on the face of said agreement.

      Sec. 29.  Any person, copartnership, association, or corporation violating a provision of this act shall, upon conviction thereof, if a person, be punished by a fine of not more than one thousand ($1,000) dollars, or by imprisonment in the county jail for a term not to exceed one year, or by both such fine and imprisonment, in the discretion of the court, and if a copartnership, association, or corporation, be punished by a fine of not more than two thousand five hundred ($2,500) dollars. Any officer or agent of a corporation, or member or agent of a copartnership, or association, who shall personally participate in or be an accessory to any violation of this act by such copartnership, association, or corporation, shall be subject to the penalties herein prescribed for individuals.

      Nothing herein contained shall be construed to release any person, corporation, association, or copartnership from civil liability or criminal prosecution under the general laws of this state.

      The board, or any member thereof, may prefer a complaint for violation of section one of this act before any court of competent jurisdiction, and it may take the necessary legal steps through the proper legal officers of this state to enforce the provisions thereof.

      Any court of competent jurisdiction shall have full power to try any violation of this act, and upon conviction the court may, at its discretion, revoke the license of the person, copartnership, association, or corporation so convicted, in addition to imposing the other penalties herein provided.

 

 

Broker to give notice of selling price

 

 

 

 

 

 

 

Licensee’s agreement re commissions

 

 

Penalties for violation of act

 

 

 

 

 

 

 

 

Liabilities not released

 

 

Complaint, who may prefer


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

ê1947 Statutes of Nevada, Page 506 (Chapter 150, AB 001)ê

 

 

 

Proof necessary in actions to recover compensation

 

 

 

 

Action for injunction, when

 

 

 

 

 

 

 

 

Power of cities to tax, etc., not affected

 

 

Constitutionality

 

 

 

 

 

Applicability of act

 

 

Certain act repealed

copartnership, association, or corporation so convicted, in addition to imposing the other penalties herein provided.

      Sec. 30.  No person, copartnership, association, or corporation engaged in the business or acting in the capacity of a real estate broker or a real estate salesman within this state, shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in section two of this act without alleging and proving that such person, copartnership, association, or corporation was a duly licensed real estate broker or real estate salesman at the time the alleged cause of action arose.

      Sec. 31.  Whenever the board believes from evidence satisfactory to it, that any person has violated or is about to violate any of the provisions of this act, or any order, license, permit, decision, demand, or requirement, or any part or provision thereof, it may bring an action, in the name of the board, in the district court of the State of Nevada in and for the county wherein such person resides, against such person to enjoin such person from continuing such violation or engaging therein or doing any act or acts in furtherance thereof. In this action an order or judgment may be entered awarding such preliminary or final injunction as may be proper, but no preliminary injunction or temporary restraining order shall be granted without at least five days’ notice to the opposite party.

      Sec. 32.  Nothing in this act contained shall affect the power of cities and towns to tax, license, and regulate real estate brokers or salesmen. The requirements hereof shall be in addition to the requirements of any existing or future ordinance of any city or town so taxing, licensing, or regulating real estate brokers or salesmen.

      Sec. 33.  If any section, subsection, sentence, clause, phrase, or requirement of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions thereof. The legislature hereby declares that it would have passed this act, and each section, subsection, sentence, clause, phrase, and requirement thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or requirements be declared unconstitutional.

      Sec. 34.  This act shall be applicable only to persons, copartnerships, associations, and corporations residing in or doing business in incorporated cities or unincorporated towns having a population of 3,000 or more.

      Sec. 35.  All acts or parts of acts in conflict herewith and in particular that certain act entitled “An act to define, regulate, and license real estate brokers and real estate salesmen; to create a state real estate board, and to provide a penalty for violation of the provisions hereof,” approved March 10, 1923, and being sections 6380 to 6396, both inclusive, N.


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

ê1947 Statutes of Nevada, Page 507 (Chapter 150, AB 001)ê

 

penalty for violation of the provisions hereof,” approved March 10, 1923, and being sections 6380 to 6396, both inclusive, N. C. L. 1929, as amended, are hereby repealed.

 

 

________

 

CHAPTER 151, AB 142

[Assembly Bill No. 241–Mr. Barr]

 

Chap. 151–An Act to regulate certain fees of county clerks in the State of Nevada and to repeal acts or parts of acts in conflict therewith.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  In addition to any other fees now provided by law, the county clerk of each county in the State of Nevada shall charge and collect the following fee; provided, however, that said clerk shall neither charge nor collect any fees for services by him rendered to the State of Nevada or the county, or any city or town within said county, or any officer thereof in his official capacity:

      On the commencement of any civil action or proceeding in the district court, to be paid by the party commencing such action or proceeding, ten ($10) dollars, which shall be paid over to the state treasurer of the State of Nevada, as hereinafter provided.

      Sec. 2.  On or before the tenth day of each month, the county clerk shall pay over to the state treasurer an amount equal to ten ($10) dollars per civil case commenced as provided in section 1, for the preceding calendar month, and the state treasurer shall issue his receipt therefor. Fees so collected and paid shall be placed to the credit of the general fund of the state.

      Sec. 3.  The provisions of any act in conflict with the provisions of this act are hereby repealed; provided, however, that provisions for charging and collecting fees other than those specifically referred to in this act shall remain in full force and effect.

 

 

 

 

 

 

 

 

 

 

Additional fee in civil actions

 

 

 

Amount

 

 

County clerk pay fees to state treasurer

 

 

 

Repeal; saving clause

 

________


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

ê1947 Statutes of Nevada, Page 508ê

CHAPTER 152, AB 641

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Application for agent’s license

[Assembly Bill No. 146–Messrs. Beemer, Taber, Capurro, and Carlson]

 

Chap. 152–An Act to amend an act entitled “An act relating to insurance, defining certain words and terms, defining domestic companies, foreign or alien companies, unauthorized companies, and other companies, individuals, or corporations engaged in the business of insurance in the State of Nevada; providing for the regulation of insurance companies, insurance business, providing the manner in which insurance companies may operate and conduct business in the State of Nevada; designating the insurance commissioner of the State of Nevada, defining his powers and duties in respect to insurance companies and insurance business in the State of Nevada; defining the different forms of insurance, providing for the consolidation thereof; providing for the licensing and qualification of agents of insurance companies, defining their powers, duties, and limitations; providing for fees, costs, and expenses for the operation of insurance companies and their agents under the provisions of this act; providing penalties for the violation of the provisions of this act, repealing certain acts, and other matters properly connected herewith,” approved March 31, 1941.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 145 of the above-entitled act, being section 3656.145 N. C. L. 1931-1941 Supplement, is hereby amended to read as follows:

      Section 145.  Applications for an agent’s license shall be filed in the office of the commissioner in writing and in the form prescribed by him. Such an application shall be verified by the applicant and shall set forth:

      (a) The name and address of the applicant, and if the applicant is a partnership or association the name and address of each member thereof, and if the applicant is a corporation the name and address of each of its officers and directors and of all stockholders designated to act for applicant.

      (b) That the applicant has been a bona fide resident of the State of Nevada for three (3) months immediately prior to the date of this application;

      (c) The business in which the applicant has been engaged for the two (2) years next preceding the date of application, and, if employed, the name and address of such employer.

      (d) Full information concerning the experience of the applicant or instructions he has had in the kind or kinds of insurance business which the applicant proposes to transact and concerning his knowledge of the insurance laws of this state and of the provisions, terms, and conditions of the contracts he proposes to sell.


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

ê1947 Statutes of Nevada, Page 509 (Chapter 152, AB 641)ê

 

insurance business which the applicant proposes to transact and concerning his knowledge of the insurance laws of this state and of the provisions, terms, and conditions of the contracts he proposes to sell.

      (e) A reference to two (2) reputable citizens, preferably those engaged in the insurance business, who may be contacted as to the personal reliability and business reputation of the applicant.

      (f) Whether the applicant has ever been denied a license to engage in the insurance business.

      (g) In what states the applicant is now or has been licensed as an insurance agent.

      Sec. 2.  Section 147 of the above-entitled act, being section 3656.147 N. C. L. 1931-1941 Supplement, is hereby amended to read as follows:

      Section 147.  The commissioner shall issue an agent’s license to an applicant when he has satisfied himself upon evidence presented and recorded as to the integrity of the applicant and that said applicant has qualified in the following respects to hold a license:

      (a) That the applicant has been a bona fide resident of the State of Nevada for three (3) months immediately prior to the filing of the application; provided, that any nonresident applicant who is otherwise qualified under, may obtain a nonresident agent’s license upon payment of the fee specified in section 60 of this act; provided, that life, health, and bodily accident companies and their agents need not qualify in this respect.

      (b) That the application provided for by section 145 has been filed with and approved by the commissioner.

      (c) When a qualified company has filed with the commissioner a requisition, the form of which will be prescribed by the commissioner, for such license.

      (d) That the company has paid for each applicant the fee provided for in section 60.

      (e) Each applicant for a license to act as an agent for life, accident, and health insurance, being the type of insurance enumerated in class 1 of section 5 of this act and as hereinafter defined; for casualty, fidelity, and surety insurance, being the type of insurance enumerated in class 2, section 5 of this act and as hereinafter defined; for fire, marine and other kinds of insurance, being the type of insurance enumerated in class 3, section 5 of this act, and as hereinafter defined, within this state, shall submit to a personal written examination to determine his competence with respect to the kind of business for which the license is sought, and his familiarity with the pertinent provisions of the laws of this state, and shall pass the same to the satisfaction of the commissioner; except that no written examination shall be required of:

Application for agent’s license

 

 

 

 

 

 

 

 

 

Procedure for issuance of agent’s license

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Applicants to submit to examination, when


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

ê1947 Statutes of Nevada, Page 510 (Chapter 152, AB 641)ê

 

Exceptions

 

 

 

 

 

 

 

Commissioner may adopt rules

 

 

 

Failure to pass examinations, effect of

 

 

 

 

 

License issued, when

 

 

 

 

 

 

 

 

Fee for examination

      (1) An applicant for a renewal license, or any individual who is now licensed as an insurance agent;

      (2) An applicant who is a ticket-selling agent or other representative of a public carrier and who shall act under a restricted license only as an agent with respect to accident insurance tickets covering risks of travel;

      (3) In the discretion of the commissioner, an applicant whose license to do business or act as a life insurance agent in this state was suspended less than one (1) year prior to the date of application.

      (f) The commissioner may establish rules and regulations with respect to the scope, type, and conduct of such written examinations and the times and places within this state when they shall be held; provided, that applicants shall be permitted to take such examinations at least once in each month at the principal office of the commissioner.

      (g) No person who shall have taken and failed to pass two examinations given pursuant to this section shall be entitled to take any further examination until after the expiration of six (6) months from the date of the last examination in which he failed. If such person shall thereafter fail to pass two more such examinations, he shall not be eligible to take any further examination until the expiration of one (1) year from the date of his last unsuccessful examination. An examination fee shall be paid for each and every examination.

      (h) Any person, partnership, association, or corporation may be licensed as an insurance agent upon compliance with the requirements of law; provided, however, that any articles of partnership, association, or incorporation shall authorize the applicant specifically to engage in such business. The application for a license by, and the license issued to, a partnership, association, or corporation shall name all members of such group, the persons, officers, directors, or stockholders thereof who are authorized to act as agent or agents thereunder, and no such license shall be issued unless and until the persons named in the application as being so authorized have qualified for individual licenses as hereinbefore provided.

      (i) In case of applicants required to take an examination, as in this section provided, the application shall be accompanied by an examination fee in the amount of ten ($10) dollars, in addition to the license fee required under section 60. In the event an applicant fails to qualify for, or is refused, a license, the license fee shall not be returned: the examination fee shall not be returned for any reason.

      (j) The insurance commissioner may issue a temporary license or a certificate of convenience to any applicant for an insurance license, which temporary license shall be for a period not to exceed forty-five (45) days and shall not be renewable.


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

ê1947 Statutes of Nevada, Page 511 (Chapter 152, AB 641)ê

 

an insurance license, which temporary license shall be for a period not to exceed forty-five (45) days and shall not be renewable. The insurance commissioner shall have prepared for the use of any applicant, a complete and comprehensive booklet containing the information on which the written examination will be based, so that the applicant can study the insurance business in preparation for the examination provided above.

Temporary license

 

________

 

CHAPTER 153, AB 582

[Assembly Bill No. 285–Committee on Ways and Means]

 

Chap. 153–An Act making an appropriation for the support of miscellaneous state expenses for fiscal years ending June 30, 1948-1949.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated from the general fund of the State of Nevada for the support of miscellaneous state expenses not otherwise classified in any other appropriation measure, for the fiscal years ending June 30, 1948, and June 30, 1949, the sum of eighteen thousand nine hundred three and 95/100 ($18,903.95) dollars apportioned to payment of fire insurance premiums upon state-owned buildings.

 

 

 

 

 

 

 

 

 

 

Appropriations, miscellaneous expense

 

________

 

CHAPTER 154, AB 382

[Assembly Bill No. 283–Committee on Ways and Means]

 

Chap. 154–An Act making an appropriation of three thousand eight hundred ($3,800) dollars for the support of the child welfare service of the State of Nevada.

 

[Approved March 27, 1947]

 

      Whereas, The forty-second session of the Nevada legislature made an appropriation for the support of the child welfare services of the state welfare department of the State of Nevada; and

      Whereas, Increase cost and expenses have exceeded the amount of such appropriation, and there is not a sufficient balance remaining of such appropriation to meet the needs of said child welfare service for the remainder of the current fiscal year; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated from any money in the general fund not otherwise appropriated, the sum of three thousand eight hundred ($3,800) dollars for the support of the child welfare service of the state welfare department, apportioned to payment of salaries in the amount of three thousand six hundred ($3,600) dollars, and for traveling expense in the amount of two hundred ($200) dollars, for the remainder of the current fiscal year ending June 30, 1947.

 

 

 

 

 

 

 

Preamble


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

ê1947 Statutes of Nevada, Page 512 (Chapter 154, AB 382)ê

 

Appropriation, child welfare service

 

 

 

In effect

three thousand eight hundred ($3,800) dollars for the support of the child welfare service of the state welfare department, apportioned to payment of salaries in the amount of three thousand six hundred ($3,600) dollars, and for traveling expense in the amount of two hundred ($200) dollars, for the remainder of the current fiscal year ending June 30, 1947.

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

 

________

 

CHAPTER 155, AB 271

 

 

 

 

 

 

 

 

 

 

 

 

 

Annual fair at Fallon

[Assembly Bill No. 172–Messrs. Frey, Chapman, Folsom. and MacKenzie]

 

Chap. 155–An Act to amend an act entitled “An act to provide for the management and control of the state agricultural society by the state,” approved March 7, 1885.

 

[Approved March 27, 1947]

 

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 sec. 319 N. C. L. 1929, as amended, is further amended to read as follows:

      Section 5.  The state board of agriculture shall be charged with the exclusive management and control of the state agricultural society as a state institution; shall have possession and care of its property, and be intrusted with the direction of its entire business and financial affairs. They shall define the duties of the secretary and treasurer, fix their bonds and compensation, and shall have power to make all necessary changes in the constitution and rules of the society to adapt the same to the provisions of this act, and to the management of the society, its meetings and exhibitions. They shall provide for an annual fair or exhibition by the society of all the industries and industrial products of the state at the city of Fallon, Churchill County, State of Nevada. For the purposes of carrying out the provisions of this act there is hereby appropriated out of the general fund of the State of Nevada, from any funds not otherwise specifically appropriated, the sum of twenty-five hundred ($2,500) dollars for each of the calendar years 1947 and 1948 to be expended by the Nevada state agricultural society for the purposes herein specified; provided, that after the appropriation herein referred to shall be made, the said board shall be assured of a contribution on behalf of the people of Churchill County of the sum of three thousand ($3,000) dollars for the years 1947 and 1948; and provided further, that in the event no state fair shall be held at Fallon during any year the fund so appropriated by the State of Nevada for that year shall revert to the general fund of the State of Nevada.


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

ê1947 Statutes of Nevada, Page 513 (Chapter 155, AB 271)ê

 

years 1947 and 1948; and provided further, that in the event no state fair shall be held at Fallon during any year the fund so appropriated by the State of Nevada for that year shall revert to the general fund of the State of Nevada. The executive committee of the Nevada state agricultural society shall cause to be computed a list of receipts and expenditures at the conclusion of any year during which the fair is held. The chairman of the executive committee shall be responsible, and cause to be forwarded to all members of the agricultural society a true copy of the above-computed receipts and expenditures for every fair year.

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

Reversion of fund

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 156, AB 202

[Assembly Bill No. 202–Humboldt County Delegation]

 

Chap. 156–An Act fixing the compensation of the county officers of Humboldt County, Nevada, and regulating the employment and compensation of deputies and other employees of said officers.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county officers of Humboldt 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 Humboldt County, Nevada, shall receive a salary of three thousand six hundred ($3,600) dollars per annum for all his services as such officer; the district attorney shall be allowed only his actual traveling 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 Humboldt County or any governmental agency.

      Sec. 3.  The sheriff of Humboldt County shall receive the sum of three thousand six hundred ($3,600) dollars 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.

 

 

 

 

 

 

 

 

 

 

 

Humboldt County salaries

 

District attorney

 

 

Claims for private matters not allowed

 

 

Sheriff

 

 

 

Travel expenses


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

ê1947 Statutes of Nevada, Page 514 (Chapter 156, AB 202)ê

 

 

 

 

 

 

 

 

Undersheriff

 

 

Special deputies

 

 

County clerk

 

 

Fees paid to county

 

Deputy

 

Recorder

 

Fees paid to county

 

Deputy

 

 

Assessor

 

Travel expense

 

Deputy

Special deputies; compensation

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 Humboldt County is hereby authorized and empowered to employ one undersheriff who shall receive a salary not to exceed two hundred twenty-five ($225) dollars per month; provided, that in cases of emergency and when the board of county commissioners deem it necessary the sheriff may, with the 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 seven ($7) dollars per day.

      Sec. 4.  The county clerk of the county of Humboldt, State of Nevada, and ex officio clerk of the district court of the Sixth judicial district of the State of Nevada, in and for the county of Humboldt, shall receive as salary the sum of three thousand six hundred ($3,600) dollars 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 one hundred fifty ($150) dollars per month.

      Sec. 5.  The county recorder in and for the county of Humboldt County, State of Nevada, and as ex officio auditor, shall receive the sum of three thousand ($3,000) dollars 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 one hundred fifty ($150) dollars per month.

      Sec. 6.  The assessor of Humboldt County, Nevada, shall receive a salary of three thousand six hundred ($3,600) dollars per annum, 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; the county assessor may appoint one deputy, who shall receive a salary in an amount not to exceed one hundred fifty ($150) dollars per month. 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.


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

ê1947 Statutes of Nevada, Page 515 (Chapter 156, AB 202)ê

 

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. 7.  The county treasurer and ex officio tax receiver of Humboldt County, Nevada, shall receive the sum of three thousand one hundred ($3,100) dollars per annum which shall be in full compensation for all services rendered by said treasurer. He shall pay into the county treasurer each month all moneys collected by him as fees, without deduction of any nature.

      Sec. 8.  The county commissioners of Humboldt County, Nevada, shall receive the sum of one thousand five hundred ($1,500) dollars per annum which shall be in full compensation for all services whatsoever required of such commissioners, and shall receive not to exceed ten cents (10ȼ) 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 Humboldt 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.

      Sec. 11.  This act shall become effective from and after April 1, 1947, and shall expire on March 31, 1949.

 

 

Treasurer and tax receiver

 

Fees paid to county

 

County commissioners

 

 

Mileage

 

 

 

Payable monthly

 

Assistants, when appointed

 

 

Effective date; expiration

 

________

 

CHAPTER 157, AB 691

[Assembly Bill No. 196–Committee on Public Parks]

 

Chap. 157–An Act creating the Genoa fort and stockade fund in the state treasury, making an appropriation therefor, and authorizing the expenditure thereof, and other matters relating thereto.

 

[Approved March 27, 1947]

 

      Whereas, The legislature recognized the town of Genoa as part and parcel of the history of the State of Nevada, and the cradle of civilization in what is now our sovereign state; and

      Whereas, The establishment of the settlement was made at the great peril of our early pioneers and offered at the time a haven of rest and rehabilitation for the gold seekers destined for California; and

 

 

 

 

 

 

 

 

Preamble


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

ê1947 Statutes of Nevada, Page 516 (Chapter 157, AB 691)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Genoa fort and stockade fund

 

 

 

Bids required for construction

 

 

Donations

 

Genoa fort monument

      Whereas, The county of Douglas has seen fit to recognize the act of the legislature and has provided clear title to the ground upon which old Genoa fort and stockade existed, at a cost of sixty-two hundred dollars ($6,200); and

      Whereas, The state board of control has expended several hundred dollars in research and the drafting of plans and specifications; and

      Whereas, A citizen of Douglas County has donated the necessary standing timber for reconstruction of the fort and stockade; and

      Whereas, The best estimate possible for the rebuilding of the fort is approximately twelve thousand dollars ($12,000);

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of the general fund the additional sum of five thousand dollars ($5,000), which sum of money, together with the balance from that appropriated under chapter 242 of the Statutes of 1945, shall be placed in a special fund to be known as the “Genoa fort and stockade fund,” to be used for the purposes hereinafter mentioned.

      Sec. 2.  The state board of control shall ask for bids for the rebuilding of the structure in accordance with the plans and specifications which have been prepared by the state planning board, and shall enter into contract consistent with the public policy as is deemed proper.

      Sec. 3.  The state controller is authorized to receive donations of material, labor, and funds for the purpose herein mentioned.

      Sec. 4.  The Genoa fort and stockade and the land upon which it is located is designated as Genoa fort monument and as such, is placed under the joint jurisdiction of the state park commission and the board of county commissioners of Douglas County for control and maintenance.

 

________

 

 


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

ê1947 Statutes of Nevada, Page 517ê

CHAPTER 158, AB 162

[Assembly Bill No. 261–Committee on Public Health]

 

Chap. 158–An Act to amend an act entitled “An act providing the method of supervision over the sanitation, healthfulness, cleanliness, and safety of certain state institutions; designating such institutions; defining the duties of certain officers and persons in relation thereto; authorizing the state board of health to establish rules and regulations, and other matters relating thereto, and repealing all acts and parts of acts insofar as they are inconsistent therewith,” approved March 22, 1945.

 

[Approved March 27, 1947]

 

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 138, Statutes of Nevada 1945, page 217, is hereby amended to read as follows:

      Section 1.  The state health officer shall have supervision over the sanitation, healthfulness, cleanliness, and safety of the following state institutions: Nevada state prison, Nevada state hospital for mental diseases, Nevada state industrial school, Nevada state children’s home, and public school gymnasiums, and each and every public school, and particularly those schools which participate in the school lunch program in the State of Nevada. The state board of health is hereby empowered to adopt, promulgate, and enforce, rules and regulations pertaining thereto as shall be deemed necessary to properly promote the sanitation, healthfulness, cleanliness, and safety of said institutions. It shall be the duty of the state health officer to inspect said institutions at least once each calendar year, and whenever in his discretion he deems an inspection necessary to carry out the provisions of this act; provided, that inspection of public schools and gymnasiums shall be made at least twice a year; such inspection to take place immediately preceding the opening of each new semester. A report of the findings upon such inspection or inspections shall be made to the secretary of the state board of health within twenty days following such inspection or inspections. The state board of health may from time to time at their discretion publish the reports of such inspection.

      Sec. 2.  It shall be the duty of any person or persons in charge of the institutions named in this act to operate said institutions in conformity with the rules and regulations relating to the sanitation, healthfulness, cleanliness, and safety adopted and promulgated by the state board of health.

      Sec. 3.  For the purpose of carrying out the provisions of this act the state health officer or his duly authorized agent shall have full power and authority to enter upon any and all parts of the premises of any of the institutions named herein over which he shall have jurisdiction, to make examinations and investigations to determine the sanitary conditions of such places and whether the provisions of this act and the rules and regulations of the state board of health pertaining thereto are being violated.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Supervision of state health officer over state institutions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of heads of institutions


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

ê1947 Statutes of Nevada, Page 518 (Chapter 158, AB 162)ê

 

Health officer may enter premises

 

 

 

 

Repeal

 

In effect

of this act the state health officer or his duly authorized agent shall have full power and authority to enter upon any and all parts of the premises of any of the institutions named herein over which he shall have jurisdiction, to make examinations and investigations to determine the sanitary conditions of such places and whether the provisions of this act and the rules and regulations of the state board of health pertaining thereto are being violated.

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

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

 

________

 

CHAPTER 159, SB 03

 

[Senate Bill No. 30–Committee on Agriculture and Irrigation]

 

Chap. 159–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,” as amended.


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

ê1947 Statutes of Nevada, Page 519 (Chapter 159, SB 03)ê

 

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,” as amended.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  That the above-entitled act be amended by inserting therein a new section to be known as section 46 1/2 immediately following section 46, i. e., section 7931, Nevada Compiled Laws 1929, reading as follows:

      Section 46 1/2.  On any stream on which the water rights have been determined, as between all persons who claim the right to use the waters of such stream, by any district court in the state in a manner than otherwise provided for in sections 18 to 51, inclusive, of this act, and where one or more of the users of such determined rights desire the state engineer to take charge of the diversions and distributions of such rights in conformity to the decree of the court, they may petition the district court which issued such decree requesting such administration. Following such petition, the district court may direct the state engineer to make a hydrographic survey of such stream system and to render a written report, together with such maps and other necessary data as will enable the said court to determine whether or not administration of such water right by the state engineer would be to the best interests of the water users. In the event that the said district court determines the matter affirmatively, the said court shall by its order duly entered, direct the state engineer to distribute such waters in accordance with the decree, and from and after the filing of such order in the district court the distribution of water shall be under the supervision and control of the district court, as set forth in section 36 1/2 of the above-entitled act, and the owners of all such decreed rights shall be subject to all of the provisions of the above-entitled act relating thereto, including the assessment of cost for the administration of such rights.

      The cost of making the survey and map by the state engineer as herein provided for shall be paid from the hydrographic fund as provided for in section 46 of the above-entitled act.

      Sec. 2.  Section 52 of the above-entitled act, being section 7937 Nevada Compiled Laws 1929, as amended by 1945 Statutes of Nevada, chapter 56, page 87, 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 or stream system subject to regulation and control by the state engineer who shall receive a salary to be fixed by the state engineer at not to exceed ten dollars ($10) per day and necessary travel expenses while actually employed in the performance of their duties; provided, however, that a yearly salary of not to exceed forty-five hundred dollars ($4,500) per annum, and necessary travel expenses may be fixed by the state engineer for those water commissioners serving in a supervisory capacity and whose duties require special training and experience in water distribution matters.

 

 

 

 

 

 

 

 

 

 

 

 

 

State engineer to take charge of distribution, when

 

 

 

 

District court to direct state engineer

 

 

Order of court

 

 

 

 

 

 

Cost


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

ê1947 Statutes of Nevada, Page 520 (Chapter 159, SB 03)ê

 

Governor to appoint water commissioners

 

 

 

 

 

Duties of water commissioners

 

 

 

 

State engineer’s budget

 

 

 

 

 

 

 

 

 

Duties of county commissioners upon receipt of budget

commissioners for any stream or stream system subject to regulation and control by the state engineer who shall receive a salary to be fixed by the state engineer at not to exceed ten dollars ($10) per day and necessary travel expenses while actually employed in the performance of their duties; provided, however, that a yearly salary of not to exceed forty-five hundred dollars ($4,500) per annum, and necessary travel expenses may be fixed by the state engineer for those water commissioners serving in a supervisory capacity and whose duties require special training and experience in water distribution matters. 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 user, 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.”


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

ê1947 Statutes of Nevada, Page 521 (Chapter 159, SB 03)ê

 

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.

      The term expenses referred to in this section shall include salaries, equipment, including necessary automobiles, and supplies incidental to the proper administration and distribution of water.

      Sec. 3.  Section 53 of the above-entitled act, being section 7938 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 53.  The state engineer shall divide the state into water districts, to be so constituted as to insure the best protection for the water users, and the most economical water supervision on the part of the state. Said water districts shall not be created until a necessity therefor shall arise and shall be created from time to time as the priorities and claims to the streams of the state shall be determined; provided, that upon the creation of a water district the state engineer may appoint an advisory board of representative citizens within the district to assist him in formulating plans and projects for the conservation of the water resources and the use thereof in such district. The per diem and necessary travel and subsistence expenses of the appointive members of such board shall be paid from the water distribution fund provided for such district in section 52 of this act; provided, the total annual per diem, travel, and subsistence expenses of such members for each district shall not exceed eight hundred dollars ($800). The state engineer may call such meetings of the board as in his opinion may be necessary and expedient.

Bills certified by state engineer

 

 

 

 

 

 

 

Duties of state controller

 

 

 

 

“Expense” defined

 

 

 

 

State divided into districts, when

 

 

 

State engineer may appoint advisory board

 

Per diem; expenses


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

ê1947 Statutes of Nevada, Page 522 (Chapter 159, SB 03)ê

 

 

 

Head gates to be maintained by owners

 

Measuring devices required

 

 

 

 

 

 

 

 

 

 

Flumes to be installed

 

Penalty for failure to install head gates, etc.

 

 

 

 

 

 

 

 

 

 

State engineer may install head gates, etc.

      Sec. 4.  Section 56 of the above-entitled act, being section 7941 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 56.  The owner or owners of any ditch or canal shall maintain to the satisfaction of the state engineer a substantial head gate at or near the point where the water is diverted, which shall be of such construction that it can be locked and kept closed by the water commissioner; and such owners shall construct and maintain, when required by the state engineer, suitable measuring devices at such points along such ditch as may be necessary for the purpose of assisting the water commissioner in determining the amount of water that is to be diverted into said ditch from the stream, or taken from it by the various users. Any and every owner or manager of a reservoir located across or upon the bed of a natural stream or of a reservoir which requires the use of a natural stream channel, shall be required to construct and maintain, when required by the state engineer, a measuring device of a plan to be approved by the state engineer, below such reservoir, and a measuring device above such reservoir, on each or every stream or source of supply discharging into such reservoir, for the purpose of assisting the state engineer or water commissioners in determining the amount of water to which appropriators are entitled and thereafter diverting it for such appropriators’ use. When it may be necessary for the protection of other water users, the state engineer may require flumes to be installed along the line of any ditch. If any such owner or owners of irrigation works shall refuse or neglect to construct and put in such head gates, flumes, or measuring devices after ten (10) days’ notice, the state engineer may close such ditch, and the same shall not be opened or any water diverted from the source of supply, under the penalties prescribed by law for the opening of head gates, lawfully closed, until the requirements of the state engineer as to such head gate, flume, or measuring device have been complied with, and if any owner or manager of a reservoir, which requires the use of a natural stream channel, shall neglect or refuse to put in such measuring device after ten (10) days’ notice by the state engineer, such state engineer may open the sluice gate or outlet of such reservoir and the same shall not be closed under the penalties of the law for changing or interfering with head gates, until the requirements of the state engineer as to such measuring device are complied with; provided, that in the event of the neglect or refusal of any person to install the head gate, measuring device, or flume, as required by this section, the state engineer may, in his discretion, install such head gate, measuring device, or flume, as the case may be, and in the first instance charge the actual cost thereof to the water distribution fund of the proper district provided in section 52 of this act, and thereafter present an itemized statement of such charge to the county commissioners of the county wherein said charge and expenses were incurred.


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

ê1947 Statutes of Nevada, Page 523 (Chapter 159, SB 03)ê

 

first instance charge the actual cost thereof to the water distribution fund of the proper district provided in section 52 of this act, and thereafter present an itemized statement of such charge to the county commissioners of the county wherein said charge and expenses were incurred. Said commissioners shall thereupon present a bill for the said expenses to the person liable therefor under this section, and if such person shall neglect for thirty days thereafter to pay the same, such bill and costs shall be and become a lien upon the lands and property of the person so liable for the payment of said bill, and shall be collected as delinquent taxes against said lands and property are collected.

      Sec. 5.  Section 72a of the above-entitled act, being section 7958 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 72a.  Every permit to appropriate water, and every certificate of appropriation granted under any permit by the state engineer upon any stream or stream system which shall have been adjudicated under the provisions of sections 18 to 39 of this act, shall be, and the same is hereby declared to be subject to existing rights and to the decree and modifications thereof entered in such adjudication proceedings, and the same shall be subject to regulation and control by the state engineer and the water commissioners in the same manner and to the same extent as rights which have been adjudicated and decreed under the provisions of this act, and every such holder of certificate or permit shall in like manner be subject to all of the provisions of sections 52 to 58, inclusive; provided, that upon any stream or stream system that has not been adjudicated and upon which the state engineer has heretofore granted and may hereafter grant a permit or permits to appropriate water therefrom, any and all such permitted rights to the use of water so granted shall be subject to regulation and control by the state engineer to the same extent and in the same manner as adjudicated and permitted rights upon streams and stream systems heretofore adjudicated pursuant to the provisions of this act.

      Sec. 6.  Section 73 of the above-entitled act, being section 7959 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 73.  The following fees shall be collected by the state engineer, and shall be accounted for and paid by him into the general fund of the state treasury once each month; provided, that ten dollars ($10) shall be the minimum fee for issuing and recording any permit:

      (a) For examining and filing an application for permit to appropriate water, twenty dollars ($20), which shall include the cost of publication, which publication fee is hereby fixed at twelve and one-half dollars ($12.50).

 

 

 

 

 

 

 

 

 

 

 

Permits subject to existing rights

 

 

 

 

 

 

 

Permitted rights subject to regulation

 

 

 

 

 

 

 

Fees of state engineer


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

ê1947 Statutes of Nevada, Page 524 (Chapter 159, SB 03)ê

 

Fees of state engineer

include the cost of publication, which publication fee is hereby fixed at twelve and one-half dollars ($12.50).

      (b) For examining and filing an application for permit to change the point of diversion, manner of use, or place of use, twenty-five dollars ($25), which shall include the cost of permit should the same issue thereunder, and the cost of publication of such application.

      (c) For issuing and recording permit to appropriate water for irrigation purposes, ten cents per acre for each acre to be irrigated, up to and including one hundred acres; and five cents for each acre in excess of one hundred acres, up to and including one thousand acres; and three cents for each acre in excess of one thousand acres.

      (d) For issuing and recording permit for power purposes, five cents for each theoretical horsepower to be developed; and for issuing final certificate under permit for power purposes, twenty-five cents for each theoretical horsepower to be developed up to and including 100 horsepower, and twenty cents for each horsepower in excess of 100 horsepower up to and including 1,000 horsepower, and fifteen cents for each horsepower in excess of 1,000.

      (e) For issuing and recording permit to store water, twenty five dollars ($25), and for issuing final certificate under permit to store water, five cents for each acre-foot of water stored up to and including 1,000 acre-feet; and three cents for each acre-foot in excess of 1,000.

      (f) For issuing and recording permit to appropriate water for any other purpose, $10 for each second-foot of water applied for, or fraction thereof.

      (g) For filing secondary permit under reservoir permit, $5; for approving and recording permit under reservoir permit, $5.

      (h) For filing proof of commencement of work, $1.

      (i) For filing proof of completion of work, $1.

      (j) For filing any protest, affidavit, or any other water-right instrument or paper, $1.

      (k) For making copy of any document recorded or filed in his office, $1 for the first hundred words, and 20 cents for each additional one hundred words or fraction thereof; where the amount exceeds $5, then only the actual cost in excess of that amount shall be charged.

      (l) For certifying to copies of documents, records, or maps, $1 for each certificate.

      (m) For blueprint copy of any drawing or map, 15 cents per square foot.

      (n) For such other work as may be required of his office, actual cost of the work.


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

ê1947 Statutes of Nevada, Page 525 (Chapter 159, SB 03)ê

 

      Sec. 7.  That the above-entitled act be amended by inserting therein a new section to be known as section 75 1/2 immediately following section 75, i. e., section 7961 Nevada Compiled Laws 1929, reading as follows:

      Section 75 1/2.  Whenever a decree determining and adjudicating the relative rights of the claimants to the use of water of a stream or stream system shall have been or may hereafter be entered in the district court pursuant to the provisions of this act, and said decree shall have become final and the state engineer shall have brought in that court any proceeding, either civil or of a criminal nature, concerning the administration of and for the enforcement of the provisions of said decree, and wherein the validity of the decree or any of its provisions shall be drawn in question by adversary parties and the decision or judgment of the said court is that the said decree or a part thereof is invalid, and/or void, the state engineer shall be deemed a party in interest with the right to take an appeal from such decision or judgment to the supreme court. Such appeal may be taken in the same manner and with the same effect as appeals in civil cases, except that notice of appeal shall be served and filed not later than sixty days from the entry of the said decision or judgment.

      Sec. 8.  That section 88c of the above-entitled act, being section 7977 Nevada Compiled Laws 1929, be and the same hereby is repealed.

      Sec. 9.  That this act shall be in full force and effect immediately upon its passage and approval.

 

 

 

State engineer may appeal to supreme court, when

 

 

 

 

 

 

 

 

 

 

Section repealed

 

In effect

 

________

 

CHAPTER 160, SB 141

[Senate Bill No. 141–Senator McGuirk]

 

Chap. 160–An Act authorizing the board of trustees of the Virginia City school district, Storey County, Nevada, to convey to Storey County a certain old school building for museum purposes.

 

[Approved March 27, 1947]

 

      Whereas, The Virginia City school district has constructed a new school building, and the old school building in the fourth ward of said district is no longer available or necessary for school purposes; and

      Whereas, The destruction for salvage purposes is not justified, but the building should be preserved as a memorial; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of trustees of the Virginia City school district, Storey County, Nevada, are hereby authorized to make and execute a deed conveying all the right, title, and interest of the said school district in and to the old school building and premises in the fourth ward of said school district to Storey County, in consideration of the sum of one dollar, for the purpose of establishing and maintaining by the said county, under the direction and control of the board of county commissioners of said county, a museum for the preservation of objects of permanent interest.

 

 

 

 

 

 

 

 

Preamble


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

ê1947 Statutes of Nevada, Page 526 (Chapter 160, SB 141)ê

 

School trustees to execute deed

 

 

 

 

 

In effect

school district, Storey County, Nevada, are hereby authorized to make and execute a deed conveying all the right, title, and interest of the said school district in and to the old school building and premises in the fourth ward of said school district to Storey County, in consideration of the sum of one dollar, for the purpose of establishing and maintaining by the said county, under the direction and control of the board of county commissioners of said county, a museum for the preservation of objects of permanent interest.

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

 

________

 

CHAPTER 161, SB 7

 

 

 

 

 

 

 

 

 

 

 

 

Definitions

 

 

 

 

 

 

 

 

 

 

 

Administration

 

Powers and duties of board

[Senate Bill No. 7–Senator Loomis]

 

Chap. 161–An Act defining and regulating the practice of dental hygiene; providing for the issuance and revocation of licenses to practice dental hygiene; providing penalties for the violation thereof; and repealing acts and parts of acts in conflict therewith.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Definitions.  (a) “Dental hygiene,” as used in this act, shall mean the treatment of human teeth by removing from the surface thereof calcareous deposits and stains, by removing accumulated accretions from directly beneath the normal free margin of the gums, and by polishing the exposed surface of the teeth; provided, that nothing in this act shall be construed as affecting the practice of medicine or the practice of dentistry, as provided by law; (b) “Dental hygienist,” as used in this act, shall mean any person who practices dental hygiene; (c) “License” shall mean a certificate issued to any applicant upon completion of requirements for admission to practice dental hygiene; (d) “Renewal certificate” shall mean the annual certificate of renewal of license to continue practice of dental hygiene in the State of Nevada; (e) “Board” shall mean the board of dental examiners, as created and defined in section 2331 Nevada Compiled Laws 1929.

      Sec. 2.  Administration.  The board is hereby vested with the authority and is charged with the duty of administering the provisions of this act.

      Sec. 3.  Powers and Duties of the Board.  The board shall have authority, in the administration of this act, to conduct examinations for the granting of licenses to dental hygienists, which examinations shall be given twice a year, on the first Monday of June and December, form of application to be filed; the subjects to be covered by the examination, in addition to those enumerated in section 5 of this act, whether written or oral or a combination of both; and to make such rules and regulations as may be necessary and reasonable to carry out the provisions of this act.


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

ê1947 Statutes of Nevada, Page 527 (Chapter 161, SB 7)ê

 

Monday of June and December, form of application to be filed; the subjects to be covered by the examination, in addition to those enumerated in section 5 of this act, whether written or oral or a combination of both; and to make such rules and regulations as may be necessary and reasonable to carry out the provisions of this act.

      The board shall keep on file in its office at all times a complete record of the names, addresses, license numbers, and renewal certificate numbers of all persons entitled to practice dental hygiene in this state.

      Sec. 4.  Eligibility.  Any person of good moral character, over eighteen years of age, who is a citizen of the United States, a graduate of an accredited high school who has successfully completed training in a school of dental hygiene approved by the board, or who has successfully completed two years training in a dental college or dental infirmary approved by the board, shall be eligible to take an examination for a license to practice dental hygiene in the State of Nevada.

      Sec. 5.  Examinations and Subjects.  Any person desiring to obtain a license to practice dental hygiene, after having complied with the rules and regulations of the board under its authority to determine eligibility, shall be entitled to an examination by the board upon such subjects as the board may deem necessary, which examination, however, shall include the following subjects: Elements of inorganic chemistry; physiology; anatomy; bacteriology; principles of nursing and hygiene; anesthesia; radiography; materia medica; dental histology; and a practical examination in the removal of deposits from, and the polishing of, the exposed surface of the teeth. The examination may be (a) written, oral, or a combination of both, and (b) practical, as in the opinion of the board will be necessary to test the qualifications of the applicant.

      As soon as possible after the examination has been given, the board, under rules and regulations adopted by it, shall determine the qualifications of the applicant and shall issue to each person found by the board to have the qualifications therefor, a license which will entitle the person to practice dental hygiene in the State of Nevada, subject to the requirements hereinafter provided for annual renewal certificate. Each license shall be registered with the secretary of the board.

      Sec. 6.  Renewal Certificates.  On or before the 1st of January next following the obtaining of a license to practice dental hygiene, and in January of each year thereafter, the holder of such license shall obtain from the board a renewal certificate, which renewal certificate shall authorize the holder of a license certificate to continue the practice of dental hygiene in the State of Nevada for the current calendar year.

Powers and duties of board

 

 

 

 

 

Eligibility

 

 

 

 

 

Examinations and subjects

 

 

 

 

 

 

 

 

License issued, when

 

 

 

 

 

Renewal of certificate


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

ê1947 Statutes of Nevada, Page 528 (Chapter 161, SB 7)ê

 

 

 

Restoration of license

 

 

 

 

 

 

 

 

 

 

 

Revocation of license or renewal certificates

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unprofessional conduct

holder of a license certificate to continue the practice of dental hygiene in the State of Nevada for the current calendar year.

      Sec. 7.  Restoration of License.  Any person who has obtained from the board a license certificate to practice dental hygiene in the State of Nevada, and who shall fail to obtain a renewal certificate for any year, shall, before resuming the practice of dental hygiene, make application to the board, under such rules as it may prescribe, for the restoration of the license to practice dental hygiene, and upon such application being made the board shall determine that such applicant possesses the qualifications prescribed for the granting of a license to practice dental hygiene, and that the applicant continues to possess a good moral character and is not otherwise disqualified to practice dental hygiene in the State of Nevada, and thereupon issue a license for the practice of dental hygiene for the current calendar year, and thereafter such person shall have the right to make application annually for a renewal certificate, as hereinabove provided.

      Sec. 8.  Revocation of License or Renewal Certificates.  The board may revoke or suspend the license or renewal certificate of any person upon proof satisfactory to the board: (a) that license or registration was procured through fraud or misrepresentation; (b) that the holder thereof has been convicted of an offense involving moral turpitude; (c) that the holder thereof is guilty of chronic or periodic inebriety or addiction to habit-forming drugs; (d) that the holder thereof is guilty of advertising professional superiority or the performance of professional service in a superior manner; advertising prices for professional services; advertising by means of large display, glaring light signs or containing as a part thereof representation of a tooth, teeth or any other portion of the human head; employing or making use of solicitors or free publicity agents, directly or indirectly; advertising any free dental work or free examination; advertising to guarantee any service; (e) that such holder is guilty of hiring, supervising, permitting or aiding unlicensed persons to practice dental hygiene; (f) that such holder is guilty of conduct which disqualifies him to practice dental hygiene with safety to the public; (g) that such person practices dental hygiene in any place or establishment not authorized by the act; (h) that such person is guilty of unprofessional conduct.

      The following acts on the part of a licensed dental hygienist are hereby declared to constitute unprofessional conduct: (1) Practicing while his or her license is suspended; (2) practicing without a renewal certificate; (3) willfully deceiving or attempting to deceive the board or its agents with reference to any matter under investigation by the board; (4) practicing dental hygiene under a false or assumed name or any name except the full name which was used in making application and in the license granted by the board or under her married name, established to the satisfaction of the board; (5) violating this act or aiding any person to violate this act, or violating or aiding any person to knowingly violate the dental practice act of any state or territory; and (6) practicing in the employment of or in association with any person who is practicing in an unlawful or unprofessional manner.


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

ê1947 Statutes of Nevada, Page 529 (Chapter 161, SB 7)ê

 

with reference to any matter under investigation by the board; (4) practicing dental hygiene under a false or assumed name or any name except the full name which was used in making application and in the license granted by the board or under her married name, established to the satisfaction of the board; (5) violating this act or aiding any person to violate this act, or violating or aiding any person to knowingly violate the dental practice act of any state or territory; and (6) practicing in the employment of or in association with any person who is practicing in an unlawful or unprofessional manner.

      The foregoing specifications of acts constituting unprofessional conduct shall not be construed as a complete definition of unprofessional conduct, nor as authorizing or permitting the performance of other or similar acts not denounced, or as limiting or restricting the said board from holding that other or similar acts also constitute unprofessional conduct.

      Sec. 9.  Procedure for Renewal of Certificate.  The board shall formulate and enforce its own rules for governing the issuance of a renewal certificate.

      Sec. 10.  Procedure for Discipline of Dental Hygienists.  The board may, upon its own motion, and shall upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension, or revocation of a license or certificate under this act, investigate the actions of any person holding or claiming to hold a certificate. The board shall, before refusing to issue, suspend, or revoke any certificate, at least ten days prior to the date set for the hearing, notify in writing the applicant or the holder of such certificate of any charges made, and shall afford such accused person an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of the same personally to the accused person or by mailing the same by registered mail to the place of business last theretofore specified by the accused person, as registered with the board. At the time and place fixed in the notice, the board shall proceed to hear the charges and both the accused person and the complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence, and argument as may be pertinent to the charges or to any defense thereto. If the board is not sitting at the time and place fixed in the notice, or at the time and place to which hearing has been continued, the board shall continue such hearing for a period not to exceed thirty days.

      Any such accused person shall have the right to appeal to the courts of the State of Nevada from any ruling of the board which may be adverse to the accused.

Unprofessional conduct

 

 

 

 

 

 

 

 

 

 

 

 

Renewal of certificate

 

Procedure for discipline of dental hygienists

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appeal to courts


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

ê1947 Statutes of Nevada, Page 530 (Chapter 161, SB 7)ê

 

 

 

 

 

 

Fees, disposition

 

 

 

 

 

 

 

Practice of dental hygiene

 

 

 

 

 

 

 

 

 

Penalties

 

 

 

 

 

 

 

 

Repeal

In effect

      The board of dental examiners shall from time to time adopt such rules as may be necessary to enable it to carry into effect the provisions of this act. Any member of said board may administer oaths in all matters pertaining to the duties of said board, and the board shall have the authority to take evidence as to any matters cognizable by it.

      Sec. 11.  Fees and Disposition of Fees.  The fees which shall be charged by the board for the performance of the duties imposed upon it by this act shall be as follows:

      (1) Examination fee, $20.

      (2) Issuance of annual renewal certificate, $2.

      (3) Restoration of license, $20.

      All fees shall be payable in advance to the board and, once paid, shall not be refunded. These fees shall be disposed of by the board in the discharge of its duties under this act.

      Sec. 12.  Practice of Dental Hygiene.  The holder of a license certificate for the year in which the same is issued, or of a renewal certificate for the current year, shall have the right to be employed to practice dental hygiene in this state in the following places only: (a) in the office of any duly licensed dentist; (b) in a clinic or in clinics in the public schools of this state as an employee of the state board of health; (c) in a clinic or in clinics in a state institution as an employee of the institution; (d) in a clinic established by a hospital approved by the board as an employee of the hospital where service is rendered only to patients of such hospital. A dental hygienist in private practice shall practice only under the direct supervision of a dentist licensed in the State of Nevada. No dentist in private practice shall employ more than one dental hygienist at one and the same time.

      Sec. 13.  Penalties.  Any person who practices or offers to practice dental hygiene in this state without a certificate, or who, having a certificate, practices dental hygiene in a manner or place not permitted by the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than $100 nor more than $500.

      Any dentist licensed in the State of Nevada who shall aid or abet another in violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500.

      Sec. 14.  All acts and parts of acts in conflict herewith are hereby repealed.

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

 

________


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

ê1947 Statutes of Nevada, Page 531ê

CHAPTER 162, SB 65

[Senate Bill No. 56–Senator Loomis]

 

Chap. 162–An Act providing for the vacating, amending, modifying, or correction of judgments, orders, or other judicial acts or proceedings in civil cases, upon notice thereof in certain instances.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  No judgment, order, or other judicial act or proceedings, shall be vacated, amended, modified, or corrected by the court or judge rendering, making, or ordering the same, unless the party desiring such vacation, amendment, modification, or correction shall give notice to the adverse party of a motion therefor, within six months after such judgment was rendered, order made, or action or proceeding taken; or unless all of the parties to the action who are affected by the judgment, order, or other judicial act or proceeding shall jointly, by petition personally signed and verified by such party or parties and duly acknowledged, request the court so to do, either before or after said six months’ period.

      Sec. 2.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed; provided, however, that nothing in this section contained shall be deemed to repeal, amend, or modify that certain act entitled “An act authorizing the amendment of judgments or orders in civil cases in certain cases,” approved March 25, 1931, as amended.

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

 

 

 

 

 

 

 

 

 

 

 

Judgment modified, when

 

Notice to adverse party

 

 

 

 

 

Repeal; savings clause

 

 

 

 

In effect

 

________

 

 


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

ê1947 Statutes of Nevada, Page 532ê

CHAPTER 163, SB 15

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Maximum weight of vehicles; conditions; total gross weight

 

 

 

 

 

 

 

Table (a)

[Senate Bill No. 51–Senator Murray]

 

Chap. 163–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 18, 1931.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 23 of the above-entitled act, being section 4396 Nevada Compiled Laws, Supplement 1931-1941, is hereby amended to read as follows:

      Section 23.  No vehicle shall be operated nor moved upon any public highway, except upon the following conditions: (1) The maximum weight on any single axle shall not exceed eighteen thousand (18,000) pounds. Every vehicle whether operated singly or in a combination of vehicles, and every combination of vehicles must comply with both subdivisions (a) and (b) of this section. (a) The total gross weight with load imposed on the highway by any group of two or more consecutive axles of a vehicle or of a combination of vehicles where the distance between the first and last axles of said two or more consecutive axles is 18 feet or less, shall not exceed that given for the respective distance in the following table:

 

       Distance in                                Allowed                    Distance in                            Allowed

      feet between                                  load                       feet between                              load

         first and                                 in pounds                     first and                             in pounds

         last axles                                  on group                      last axles                              on group

         of group                                   of axles                       of group                               of axles

              3  .....................................   30,100                             11  ................................. 35,700

              4  .....................................   30,800                             12  ................................. 36,400

              5  .....................................   31,500                             13  ................................. 37,100

              6  .....................................   32,200                             14  ................................. 43,200

              7  .....................................   32,900                             15  ................................. 44,000

              8  .....................................   33,600                             16  ................................. 44,800

              9  .....................................   34,300                             17  ................................. 45,600

            10  .....................................   35,000                             18  ................................. 46,400

 

      (b) The total gross weight with load imposed on the highway by any vehicle or combination of vehicles where the distance between the first and last axles is more than 18 feet shall not exceed that given for the respective distances in the following table:


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

ê1947 Statutes of Nevada, Page 533 (Chapter 163, SB 15)ê

 

                                                         Allowed                                                                  Allowed

         Distance                                      load                          Distance                                  load

           in feet                                   in pounds                       in feet                               in pounds

            18  .....................................   46,400                             37  ................................. 65,450

            19  .....................................   47,200                             38  ................................. 66,300

            20  .....................................   48,000                             39  ................................. 67,150

            21  .....................................   48,800                             40  ................................. 68,000

            22  .....................................   49,600                             41  ................................. 68,000

            23  .....................................   50,400                             42  ................................. 68,000

            24  .....................................   51,200                             43  ................................. 68,000

            25  .....................................   55,250                             44  ................................. 68,000

            26  .....................................   56,100                             45  ................................. 68,000

            27  .....................................   56,950                             46  ................................. 68,800

            28  .....................................   57,800                             47  ................................. 69,600

            29  .....................................   58,650                             48  ................................. 70,400

            30  .....................................   59,500                             49  ................................. 71,200

            31  .....................................   60,350                             50  ................................. 72,000

            32  .....................................   61,200                             51  ................................. 72,800

            33  .....................................   62,050                             52  ................................. 73,600

            34  .....................................   62,900                             53  ................................. 74,400

            35  .....................................   63,750                             54  ................................. 75,200

            36  .....................................   64,600                             55  ................................. 76,000

                                                56 or over................................. 76,800

 

      (a) The distance between axles shall be measured to the nearest even foot. When a fraction is exactly one-half foot the next larger whole number shall be used. The provisions of this section shall not apply to traction engines or tractors, the propulative power of which is exerted, not through wheels resting upon the ground but by means of a flexible band or chain known as a movable track, when the portions of the movable tracks in contact with the surface of the highway presents plane surfaces; provided, that no traction engines or tractors having lugs, grousers, or other mechanical contrivance on its wheels, or track, designed to give tractive effect shall be operated on any highway in this state unless a circular metal band of a width of not less than three (3) inches is placed entirely around the periphery of such wheel or track, such band to serve as a protection against the tearing up or marring of the surface of the highway. Any peace officer shall require the driver of any vehicle driven upon the public highway in violation of the provisions of this section to immediately unload such portion of the load thereon as may be necessary to decrease the gross weight of any such vehicle and load to the maximum weight therefor specified in this act. Any person, company, association, or corporation who moves any vehicle, object, or contrivance over a public highway in violation of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars or more than five hundred ($500) dollars.

Table (b)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Distance between axles measured

Provisions not to apply to tractors

 

 

Exception

 

 

 

 

Duties of peace officers

 

 

 

Penalty


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

ê1947 Statutes of Nevada, Page 534 (Chapter 163, SB 15)ê

 

 

 

 

Repeal

 

In effect

shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars or more than five hundred ($500) dollars.

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

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

 

________

 

CHAPTER 164, SB 26

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Citation

[Senate Bill No. 62–Senator Baker]

 

Chap. 164–An Act providing for the creation and incorporation of the “Las Vegas Sewage District” as a body corporate and politic; defining the same; prescribing the rights, powers, and duties of said district; providing for its government, the alteration of its boundaries, and its dissolution; providing for the acquisition, construction, improvement, maintenance, and operation of a system of sewers and sewage disposal, the financing thereof, and the issuance and payment of bonds; prescribing the rights and remedies of bondholders; conferring the right of eminent domain upon said district; authorizing it to enter into contracts with and to accept grants from the federal government or any agency thereof, and to make and enforce such regulations as are necessary to carry out the purposes of this act; providing for the enforcement and collection of taxes and special assessments, and rates, rentals and other charges for the use of the sewage facilities of the district, and all other matters properly relating thereto.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Act Cited.  This act may be cited as “The Las Vegas sewage district act of nineteen hundred and forty-seven.”

      Sec. 2.  Definitions.  The following terms, whenever used or referred to in this act, shall have the following meanings, except in those instances where the context clearly indicates otherwise:

      (a) The terms “District” “district,” “Sewage District” and “sewage district” shall mean a body politic and corporate created pursuant to this act.


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

ê1947 Statutes of Nevada, Page 535 (Chapter 164, SB 26)ê

 

      (b) The terms “Board of Directors” and “board of directors,” and “board” used in connection therewith, shall mean the governing board of the district.

      (c) The term “bonds” shall mean and include the notes, bonds, and other evidence of indebtedness or obligations which the district is authorized to issue pursuant to the provisions of this act.

      (d) The term “existing district” shall mean any sewage district created and existing prior to the passage of this act.

      (e) The term “construction” shall mean and include acquisition and construction, and the term “to construct” shall mean and include to acquire and to construct in such manner as may be deemed desirable.

      (f) The terms “system of sewers and sewage disposal” and “sewage system” shall mean any and all structures, facilities, or undertakings which the district is authorized to construct, improve, maintain, or operate under the provisions of this act, including, but without limiting the generality of the foregoing, sewers, sewage disposal plants, sewage treatment plants and septic tanks, and any and all other materials or construction connected therewith and with the handling or disposal of sewage.

      (g) The term “federal agency” shall mean and include the United States of America, the president of the United States of America, and any department of or corporation, agency, or instrumentality heretofore or hereafter created, designated, or established by the United States of America.

      (h) The term “improvement” shall mean and include extension, enlargement, and improvement, and the term “to improve” shall mean and include to extend, to enlarge, and to improve in such manner as may be deemed desirable.

      (i) The term “project” shall mean any and all structures, facilities, or undertakings which the district is authorized to construct, improve, maintain, or operate under the provisions of this act, including, but without limiting the generality of the foregoing, sewers, sewage disposal plants, sewage treatment plants and septic tanks, and any and all other materials or construction connected therewith and with the handling or disposal of sewage.

      Sec. 3.  Las Vegas Sewage District Created.  The Las Vegas sewage district, entitled and known as such, may be created in the manner hereinafter provided, and when so created shall be and constitute a municipal corporation, and may exercise the rights, powers, authority, and privileges granted by this act under such corporate name. The boundaries of said district may embrace the entire corporate limits of the city of Las Vegas, or any portion thereof, may extend beyond said corporate limits into and include the county of Clark, or any portion thereof, and any unincorporated city or town therein, and may include existing districts in said county and unincorporated cities and towns.

Definitions

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sewage district created

 

 

 

Boundaries


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

ê1947 Statutes of Nevada, Page 536 (Chapter 164, SB 26)ê

 

 

 

 

 

 

 

 

 

Board may contract extensions

 

 

 

Notice, intention to create district

 

 

 

 

 

 

 

 

 

 

Form of proclamation

or town therein, and may include existing districts in said county and unincorporated cities and towns. Any other incorporated city and existing districts therein may be included in said district, providing the governing body of said city consents thereto by ordinance adopted after notice of intent to grant such consent shall have been given by said governing body by publication thereof for at least ten (10) days, preceding the final adoption of such ordinance, in some newspaper of general circulation in said city, or if there be no such newspaper, then by posting such notice of intention at the courthouse in the county wherein said city is located.

      The board of directors of said district, after its creation and incorporation as in this act provided, shall have the power and authority to enter into any contracts with the county of Clark, and any incorporated or unincorporated city and town therein, to extend the services of the district and the use of its facilities to such portions of said county, cities, and towns not embraced within said district.

      Sec. 4.  Notice of Intention to Create District.  Whenever in the opinion of the board of commissioners of the city of Las Vegas, the public interest would be promoted by the creation of a sewage district, the said board shall issue a proclamation declaring its intention to create such a district, describing the territory to be included therein, and stating the date of the meeting of said board at which it will adopt an ordinance providing for the creation thereof. Such proclamation shall be published in full for at least ten (10) days, preceding the adoption of said ordinance, in a newspaper of general circulation published in the city of Las Vegas, and, if the territory to be embraced within the district shall extend beyond the corporate limits of the city of Las Vegas, said proclamation shall also be posted at the courthouse in the county where such territory shall extend.

      The proclamation shall be in substantially the following form:

      Pursuant to the authority vested in the board of commissioners of the city of Las Vegas by “The Las Vegas Sewage District Act of Nineteen Hundred and Forty-seven,” said board does hereby proclaim its intention to create a sewage district to be entitled and known as “The Las Vegas Sewage District” and to function as a municipal corporation, and that it will adopt an ordinance at a meeting of said board to be held on the............day of............................, .................., at.......... ........m. of said day, in the city hall, city of Las Vegas, Clark County, Nevada, providing for the creation of said district, which shall embrace the following-described territory, to wit:


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

ê1947 Statutes of Nevada, Page 537 (Chapter 164, SB 26)ê

 

      (Insert description of territory to be included in proposed district.)

                                                                                Board of City Commissioners.

[SEAL]                                                                    By..................................................................

Attest:                                                                                                      Mayor.

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

                                City clerk.

 

      At any time prior to the adoption of said ordinance, the board may, in its discretion, abandon, and discontinue all such proceedings for the creation of said district upon the adoption of a resolution declaring its determination so to do.

      Sec. 5.  Creation and Incorporation of District.  At a regular meeting, or special meeting called for that purpose either of which shall be on the date specified in the proclamation published, or published and posted, as provided in section 4 of this act, or at any recessed or adjourned meeting thereof, the board of commissioners of the city of Las Vegas may adopt an ordinance proposing the creation and maintenance of a sewage district, and setting forth:

      (a) That the said district shall be entitled and known as “The Las Vegas sewage district.”

      (b) That such district is created under this act.

      (c) That no other sewage district has been created under this act.

      (d) That such district is being created by the city of Las Vegas.

      (e) That a proclamation was issued pursuant to section 4 of this act, and published, or published and posted, as in said section provided. A copy of said proclamation shall be attached to said ordinance.

      (f) The names, addresses, and terms of office of the first members of the board of directors of said district.

      (g) A description of the territory to be included in the proposed district, which shall in every respect be the same as that set forth in the aforesaid proclamation. If any other incorporated city and existing districts therein are included in said territory, a certified copy of the consenting ordinance provided for in section 3 of this act, setting forth that a notice of intention to grant such consent has been published or posted as in said section provided, shall be attached to said ordinance.

      Said ordinance shall be signed by the mayor and attested by the city clerk under the corporate seal of the city of Las Vegas, and a certified copy thereof in duplicate shall be filed with the secretary of state. If the secretary of state finds that all the requirements of this act have been fully performed, he shall forthwith endorse his approval on the certified copies of the ordinance, filing one in his office and attaching the other to a certificate of incorporation which he shall issue.

 

 

 

 

 

 

 

 

 

 

Creation of district; provisions of ordinance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Description of territory

 

 

 

 

 

Duty of secretary of state


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

ê1947 Statutes of Nevada, Page 538 (Chapter 164, SB 26)ê

 

 

Corporate existence

 

 

 

 

 

Purposes of district

 

 

 

 

 

 

 

 

 

 

 

Powers

attaching the other to a certificate of incorporation which he shall issue.

      Upon the issuance of such certificate of incorporation by the secretary of state, the corporate existence of said district shall begin, and it shall be and constitute a municipal corporation entitled and known as “The Las Vegas sewage district” as hereinbefore provided. Said certificate of incorporation shall be conclusive evidence of the fact that such district has been incorporated in compliance with the provisions of this act.

      Sec. 6.  Purposes and Powers of District.  The Las Vegas sewage district created and incorporated under the provisions of this act shall be a body corporate and politic, and shall be and exist for the purpose of furnishing said district and the inhabitants thereof with an adequate system of sewers and means of sewage treatment or disposal by acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, sewer systems, sewage treatment works, waste mains, sewers, tunnels, drains, and every form of sewer and sewage treatment or disposal facility, either within or without the boundaries of the district, to be devoted wholly or partially for public uses or for revenue-producing purposes. Said district is hereby granted and shall have and may exercise all powers necessary and convenient for the carrying out of the aforesaid purposes, including, but without limiting the generality of the foregoing, the following rights and powers:

      (a) To have existence for a term of fifty (50) years as a corporation.

      (b) To sue and be sued, implead and be impleaded, complain and defend in all courts.

      (c) To adopt, use, and alter at will a corporate seal.

      (d) To acquire, purchase, hold, lease as lessee, and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, within or without the boundaries of the district, necessary or desirable for carrying out the purposes of the district, and to sell, lease as lessor, transfer, and dispose of any property or interest therein, at any time acquired by it.

      (e) To acquire by purchase, lease, or otherwise, and to construct, improve, maintain, repair, and operate projects within or without the boundaries of the district.

      (f) To make bylaws for the management and regulation of its affairs.

      (g) To appoint officers, agents, employees, and servants; to prescribe their duties and to fix their compensation.

      (h) To fix, alter, charge, and collect rates, rentals, and other charges for the use of the facilities of, or for the services rendered by the district or projects thereof, at reasonable rates, to be determined by it, for the purpose of providing for the payment of the expenses of the district, the construction, improvement, repair, maintenance, and operation of its facilities and properties, the payment of the principal of and interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations, and to make such rates, rentals, and other charges a lien upon the property using such facilities, and provide for a method of enforcing collection of such rates, rentals, and other charges.


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

ê1947 Statutes of Nevada, Page 539 (Chapter 164, SB 26)ê

 

other charges for the use of the facilities of, or for the services rendered by the district or projects thereof, at reasonable rates, to be determined by it, for the purpose of providing for the payment of the expenses of the district, the construction, improvement, repair, maintenance, and operation of its facilities and properties, the payment of the principal of and interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations, and to make such rates, rentals, and other charges a lien upon the property using such facilities, and provide for a method of enforcing collection of such rates, rentals, and other charges.

      (i) To borrow money, make and issue negotiable notes, bonds, and other evidences of indebtedness or obligations of the district, said bonds or other evidence of indebtedness to have a maturity date not longer than twenty-five (25) years from the date of issue, and to secure the payment of such bonds, or any part thereof, by pledge or deed of trust of all or any of its revenues and receipts, and to make such agreements with the purchasers or holders of such bonds or with others in connection with any such bonds, whether issued or to be issued, as the district shall deem advisable, and in general to provide for the security for said bonds and the rights of the holders thereof.

      (j) Without limitation of the foregoing, to borrow money and accept grants from, and to enter into contracts, leases or other transactions with any federal agency.

      (k) To pledge, hypothecate, or otherwise encumber all or any of the revenues or receipts of the district as security for all or any of its obligations.

      (l) To lay sewer and pipe along, under, or upon public highways, roads, streets, and alleys, and to build and erect sewage treatment or disposal plants, either within or without the boundaries of such district, and to compel all property owners within the area served by said sewage system to connect their private drains and sewer systems with such system or sewers of the district.

      (m) To acquire by eminent domain proceedings, either the fee or such right, title, interest, or easement in such lands and premises, both within and without the boundaries of the district, as the district may deem necessary for any of the purposes mentioned in this act. The right of eminent domain shall be exercised by the district in the manner provided by law for the exercise of such right by the city of Las Vegas, except insofar as such law may be inconsistent with the provisions of this act.

      (n) To make contracts of every name and nature, and to execute all instruments necessary or convenient for the carrying on of its business.

Powers


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

ê1947 Statutes of Nevada, Page 540 (Chapter 164, SB 26)ê

 

Powers

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Scheme and plan; system of sewers, etc.

execute all instruments necessary or convenient for the carrying on of its business.

      (o) To accept cash gifts, and to receive by gift, devise, or otherwise, such real and personal property and rights of way, either within or without the limits of the district, as shall be necessary or proper to carry out the provisions of this act.

      (p) To assess, levy, and collect taxes and special assessments for the purpose of providing for the payment of the expenses of the district, the construction, improvement, repair, maintenance, and operation of its facilities and properties, the payment of the principal of and interest on its obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations, and to make such taxes and special assessments a lien upon the property using such facilities, and provide for a method of enforcing collection of such taxes and special assessments.

      (q) To make and enforce all necessary and proper regulations for the removal of sewage, and to make all other sanitary regulations in connection therewith not in conflict with the constitution or laws of this state, or the laws of the city of Las Vegas or any other incorporated city embraced within the district; any violation of any such regulations is hereby designated to be a misdemeanor punishable by fine or imprisonment, or both; provided, however, that no such fine shall exceed the sum of one hundred dollars ($100), and no such imprisonment shall exceed thirty (30) days.

      (r) To do any and all acts and things necessary or convenient to carry out the purposes of the district and the powers granted to it by this act or any other acts; provided, however, that the district shall have no power at any time or in any manner to pledge the credits or taxing power of the State of Nevada, any political subdivisions thereof, or the city of Las Vegas, or any other incorporated city embraced within the district, nor shall any of its obligations be deemed to be obligations of the State of Nevada, or any of its political subdivisions, or of the city of Las Vegas or any other incorporated city embraced within the district, nor shall the State of Nevada, any political subdivision thereof, or the city of Las Vegas, or any other incorporated city embraced within the district, be liable for the payment of principal of or interest on such obligations.

      Sec. 7.  Adoption of Scheme and Plan for System of Sewers and Sewage Disposal.  It shall be the duty of the board of directors of the district, created and incorporated under the provisions of this act, to make a thorough and complete examination and investigation of such district, and then to select a scheme or plan for a system of sewers and sewage disposal which will be suitable and adequate for such district for the present and future needs thereof.


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

ê1947 Statutes of Nevada, Page 541 (Chapter 164, SB 26)ê

 

such district for the present and future needs thereof. In connection with the foregoing, said board may employ such engineering, legal, and other services as in their discretion is necessary in carrying out the object and purposes of this act; when such comprehensive scheme and plan has been finally determined upon by such board of directors, it shall be by them adopted by resolution, and submitted to the director of public works of the city of Las Vegas and to the board of health of the city of Las Vegas, and said comprehensive scheme or plan must be approved in writing by such director of public works and the board of health before being finally adopted by ordinance of said district, and then shall be finally adopted only after notice of intention to adopt such ordinance shall have been given by the board of directors of said district by publication thereof for at least ten (10) days, preceding the adoption of such ordinance, in some newspaper of general circulation in said district, or if there be no such newspaper, then by posting such notice of intention at the courthouse in the county wherein said district is located.

      Sec. 8.  Restrictions on Expenditure for Carrying on Scheme and Plan.  No expenditure for the carrying on of any part of such comprehensive scheme or plan shall be made by the board of directors other than the necessary salaries of engineers, clerical and office expenses of such district, and the cost of engineering, surveying, preparation and collection of data necessary for the making and adoption of the general scheme of improvements in such district, unless and until such general scheme of improvements has been finally adopted by ordinance of said board of directors as provided in section 7 of this act.

      Sec. 9.  Ordinance to Provide for Financing.  After such comprehensive scheme or plan has been finally adopted by ordinance of such board of directors as provided in section 7 hereof, the said board is hereby authorized and instructed to pass an ordinance which shall provide for the financing of such district, and said ordinance shall not be adopted by said board of directors unless and until a notice of intention to adopt such ordinance has been given for the time and in the manner provided by section 7 of this act.

      Sec. 10.  Method of Financing.  The said board of directors shall adopt an ordinance relative to the financing of such district, which ordinance shall in itself use the method of financing best suited to the financial condition and welfare of the territory embraced within said district and of the said district. In this connection, such ordinance may use any of the following methods of financing, or any combination thereof:

      (a) Current revenue, reserves, state funds or federal funds which may be available and which may by law be used for furthering the purposes of this act.

Scheme and plan; system of sewers, etc.

 

 

 

 

 

 

 

 

 

 

 

 

Restriction of expenditures

 

 

 

 

 

 

Ordinance re financing

 

 

 

 

 

 

Method of financing


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

ê1947 Statutes of Nevada, Page 542 (Chapter 164, SB 26)ê

 

Method of financing

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Terms and provisions of bonds

funds which may be available and which may by law be used for furthering the purposes of this act.

      (b) May issue general obligation bonds which shall be secured by the taxing power of the district.

      (c) May issue special assessment bonds, which bonds shall be secured by payment of special assessments on property owners in said district, and in this connection the said board of directors shall determine by ordinance the method of making such assessments, and may use the front-foot rule, benefit rule, or any other lawful method of determining such assessments; provided, however, that said special assessments shall in no event exceed twenty percent (20%) of the assessed valuation of any property for any fiscal year. Said ordinance may also make the special assessment a lien against the property assessed, and provide for the method of enforcing collection of such special assessments.

      (d) May issue revenue bonds which in the discretion of the board of directors shall be secured by rental or service charges imposed upon users of the system of sewers and sewage disposal created under the provisions of this act, and in this connection the board of directors may, by ordinance, make the rental or service charge a lien upon the property which uses such system of sewers and sewage disposal, and may provide for a method of enforcement of collection of such rentals or service charges. Said board of directors may use any lawful method to determine what rental or service charge shall be imposed, including but not exclusive, of the following:

      1.  A flat-rate charge.

      2.  A fixture count.

      3.  Number of connections.

      4.  Value of property served.

      5.  Character of property served.

      (e) May borrow funds from the state or federal government, when such funds are available, for carrying out the purposes of this act.

      Sec. 11.  Terms and Provisions of Bonds.  The bonds of the district, hereinabove referred to and authorized to be issued by ordinance, as provided in section 10 of this act, shall be of such series, bear such date or dates, mature at such time or times, not exceeding twenty-five (25) years from their respective dates, bear interest at such rate or rates not exceeding six percent (6%) per annum, payable at such time, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration exchangeability and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to the terms of redemption and callability, and be entitled to such priorities in the revenues or receipts of such district as such ordinance may provide.


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

ê1947 Statutes of Nevada, Page 543 (Chapter 164, SB 26)ê

 

district as such ordinance may provide. The bonds shall be signed by such officers as the district shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the treasurer of the district, all as may be prescribed in such ordinance. Any such bonds may be issued and delivered, notwithstanding that one or more of the officers signing such bonds, or the treasurer whose facsimile signature shall be upon the coupon or any thereof, shall have ceased to be such officer or officers at the time when such bonds shall actually be delivered.

      Said bonds may be sold at public or private sale, for such price or prices as the board of directors shall determine; provided, that the interest cost to maturity of the money received for any issue of said bonds shall not exceed six percent (6%) per annum. Pending the preparation of the definitive bonds, interim receipts may be issued to the purchaser or purchasers of such bonds, and may contain such terms and conditions as the board of directors may determine.

      The district may enter into any deeds of trust, indentures, or other agreements with any bank or trust company or other person or persons in the United States having power to enter into the same, including any federal agency, as security for such bonds, and may assign and pledge all or any of the revenues or receipts of the district thereunder. Such deed of trust, indenture, or other agreement may contain such provisions as may be customary in such instruments or as the board of directors may authorize, including (but without limitation) provisions as to (1) the construction, improvement, operation, maintenance, and repair of any project and the duties of the district with reference thereto, (2) the application of funds and the safeguarding of funds on hand or on deposit, (3) the rights and remedies of said trustee and the holders of the bonds (which may include restrictions upon the individual right of action of such bondholders), and (4) the terms and provisions of the bonds or the ordinance authorizing the issuance of the same.

      Said bonds shall have all the qualities of negotiable instruments under the law merchant and the negotiable instruments law of the State of Nevada.

      Sec. 12.  Bond Retirement Fund and Operating Fund.  The board of directors shall have the power to create, and shall create, a special fund, or funds, for the sole purpose of paying the interest and principal of such bonds, and shall obligate and bind the district to set aside and pay a fixed proportion of the gross revenues of the sewage district into such fund or funds, and in this connection the board of directors shall deposit said special fund with the treasurer of the city of Las Vegas. Said treasurer is hereby appointed ex officio treasurer of such district.

 

 

 

 

 

 

 

Bonds sold at public or private sale

 

 

 

 

District may execute deeds of trust

 

 

 

 

 

 

 

 

 

 

 

Bonds negotiable

 

Bond retirement fund


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

ê1947 Statutes of Nevada, Page 544 (Chapter 164, SB 26)ê

 

Operating fund

 

 

Remedies of bond holders

      The board of directors shall have the power to create, and shall create, a general fund for the purpose of paying operation and maintenance costs of such district, and such general fund shall be deposited with the ex officio treasurer of the district.

      Sec. 13.  Remedies of Bondholders.  The rights and the remedies, herein conferred upon or granted to the bondholders, shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the ordinance providing for the issuance of bonds, or by any deed of trust, indenture, or other agreement under which the same may be issued. In the event that the district shall default in the payment of principal of or interest on any of the bonds after the said principal or interest shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of ninety (90) days, or in the event that the district shall fail or refuse to comply with the provisions of this act, or shall default in any agreement made with the holders of the bonds, the holders of twenty-five percent (25%) in aggregate principal amount of the bonds then outstanding, by instrument or instruments filed in the office of the county recorder of the county wherein the district is located, and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the bondholders for the purposes herein provided. Such trustee and any trustee under any deed of trust, indenture, or other agreement may, and, upon written request of the holders of twenty-five percent (25%) (or such other percentage as may be specified in any deed of trust, indenture or other agreement aforesaid) in principal amount of the bonds then outstanding, shall, in the event of such default, in his or its own name:

      (a) By mandamus or other suit, action or proceeding, at law or in equity, enforce all rights of the bondholders, including the rights to require the district to collect rates, rentals, and other charges, adequate to carry out any agreement as to or pledge of the revenues or receipts of the district, and to require the district to carry out any other agreements with or for the benefit of the bondholders, and to perform its duties under this act;

      (b) Bring suit upon the bonds;

      (c) By action or suit in equity, require the district to account as if it were the trustee of an express trust for the bondholders;

      (d) By action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders;

      (e) By notice in writing to the district, declare all bonds due and payable, and if all defaults shall be made good, then with the consent of the holders of twenty-five percent (25%) (or such other percentage as may be specified in any deed of trust, indenture, or other agreement aforesaid) of the principal amount of the bonds then outstanding, to annul such declaration and its consequences.


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

ê1947 Statutes of Nevada, Page 545 (Chapter 164, SB 26)ê

 

with the consent of the holders of twenty-five percent (25%) (or such other percentage as may be specified in any deed of trust, indenture, or other agreement aforesaid) of the principal amount of the bonds then outstanding, to annul such declaration and its consequences.

      The district court of the county wherein the district is located shall have jurisdiction of any suit, action, or proceedings by the trustee on behalf of the bondholders. Any trustee, whether appointed as aforesaid or acting under a deed of trust, indenture or other agreement, and whether or not all bonds have been declared due and payable, shall be entitled as of right to the appointment of a receiver, who may enter and take possession of the facilities of the district, or any part or parts thereof, the revenues or receipts which are or may be applicable to the payment of the bonds so in default, and operate and maintain the same, and collect and receive all rentals and other revenues thereafter arising therefrom in the same manner as the district or the board of directors might do, and shall deposit all such moneys in a separate account, and apply the same in such manner as the court shall direct. In any suit, action, or proceeding by the trustee, the fees, counsel fees, and expenses of the trustee and of the receiver, if any, and all costs and disbursements allowed by the court, shall be a first charge on any revenues and receipts derived from the facilities of the district which are or may be applicable to the payment of the bonds so in default. Said trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the bondholders in the enforcement and protection of their rights; provided, however, that nothing in this section or any other section of this act shall authorize any receiver appointed pursuant to this act, for the purpose of operating and maintaining any facilities of the district, to sell, assign, mortgage, or otherwise dispose of, any of the assets of whatever kind and character belonging to the district. It is the intention of this act to limit the powers of such receiver to the operation and maintenance of the facilities of the district as the court shall direct, and no holder of bonds of the district, nor any trustee, shall ever have the right in any suit, action, or proceedings at law, or in equity, to compel a receiver, nor shall any receiver ever be authorized, or any court be empowered, to direct the receiver to sell, assign, mortgage, or otherwise dispose of any assets of whatever kind or character belonging to the district.

      Sec. 14.  Governing Body of District.  The powers of the district shall be exercised by a governing body called the “board of directors” which shall be composed as follows:

 

 

 

 

District courts, jurisdiction of

Rights and powers of trustee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Governing body of district


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

ê1947 Statutes of Nevada, Page 546 (Chapter 164, SB 26)ê

 

 

 

 

Term of office

 

 

 

 

 

Apportionment of members, when

 

 

Tenure of office

 

 

 

Removal for cause

 

 

 

 

 

 

Quorum

 

 

Powers of board

      If the district shall include no other incorporated city than the city of Las Vegas, the board of directors shall consist of six members, each of whom shall be a citizen of such city. The governing body of such city shall appoint the members of the board of directors, two of whom shall serve for a year, two for two years, and two for three years, from the January first next succeeding the date of incorporation. Thereafter the said governing body of said city shall, at a meeting held not later than one month prior to January first in each year in which a vacancy occurs, appoint as members of the board of directors, two citizens of said city for a term of three years, to succeed the members whose terms expire on the January first next succeeding.

      If the district shall include other incorporated cities, membership on the board of directors shall be apportioned in such manner as the ordinance creating and incorporating the district shall provide. No member shall be appointed for a term longer than three years.

      Members shall hold office until their successors have been appointed and may succeed themselves, and shall receive such salaries as may be determined by the governing body or bodies of the incorporated city or cities in said district, but none of such salaries shall be increased or diminished during the term for which the member receiving the same shall have been appointed. A member may be removed for cause by the governing body of the city appointing such member, after having been provided with a copy of the charges against him for at least ten (10) days, and after a hearing before such governing body, which hearing may be private. If a vacancy shall occur by reason of the death, disqualification, resignation, or removal of a member, the governing body of the city which appointed such member shall appoint a successor to fill his unexpired term.

      A majority of the members shall constitute a quorum of the board of directors for the purpose of organizing the district and conducting the business thereof and for all other purposes, and all action may be taken by vote of a majority of the members present, unless in any case the bylaws shall require a larger number. The board of directors shall have full authority to manage the properties and business of the district and to prescribe, amend, and repeal bylaws, rules, and regulations governing the manner in which the business of the district may be conducted, and the powers granted to it may be exercised and embodied. The board of directors shall fix and determine the number of officers, agents, and employees of the district and their respective compensation and duties, and may delegate to one or more of their number, or to one or more of said officers, agents, or employees, such powers and duties as it may deem proper.


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

ê1947 Statutes of Nevada, Page 547 (Chapter 164, SB 26)ê

 

      Sec. 15.  Moneys of the District.  All moneys of the district, from whatever source derived, shall be paid to the treasurer of the district. Said moneys shall be deposited in the first instance by the treasurer in one or more banks or trust companies, in one or more special accounts, and each of such special accounts, to the extent the same is not insured, shall be continuously secured by a pledge of direct obligations of the United States of America, of the State of Nevada, or of the city of Las Vegas or any other incorporated city included in the district, having an aggregate market value, exclusive of accrued interest, at all times at least equal to the balance on deposit in such account. Such securities shall either be deposited with the treasurer or be held by a trustee or agent satisfactory to the district. All banks and trust companies are authorized to give such security for such deposits. The moneys in said accounts shall be paid out on the warrant or other order of the chairman of the board of directors, or of such other person or persons as the board of directors may authorize to execute such warrants or orders. The controller, auditors, or accountant designated by the city of Las Vegas are hereby authorized and empowered from time to time to examine, at the expense of the district, the accounts and books of the district, including its receipts, disbursements, contracts, leases, sinking funds, investments, and any other matters relating to its finances, operation, and affairs.

      Sec. 16.  Transfer of Existing Facilities to District.  The state, the county, or any city, or town in the county, may, and they are hereby authorized to lease, lend, grant, or convey to the district, upon such terms and conditions as are mutually satisfactory to the district and the corporate authorities of the state, the county, or any such city, or town, any existing tunnels, streets, alleys, highways, parkways, sewers, sewer systems, sewage treatment works, or any part or parts thereof, or any interest in real or personal property, which may be used by the district in the construction, improvement, maintenance, or operation of any project. The state, the county, or any city, or town are also authorized to transfer, assign, and set over to the district any contracts which may have been awarded by said state, county, city, or town for the construction of projects not begun, or, if begun, not completed.

      Sec. 17.  Competition in Award of Contracts.  All materials purchased and work ordered, the estimated cost of which is in excess of one thousand dollars ($1,000) shall be let by contract. Before awarding any such contract the board of directors shall cause to be published in some newspaper of general circulation throughout the district at least once, ten (10) days before the letting of such contract, a notice inviting sealed proposals for such materials and work, plans and specifications of which must at the time of publication of such notice be on file in the office of the board of directors subject to public inspection.

Moneys of district; disposition; payment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Transfer of existing facilities

 

 

 

 

 

 

 

 

 

Competition in award of contracts; procedure


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

ê1947 Statutes of Nevada, Page 548 (Chapter 164, SB 26)ê

 

Competition in award of contracts; procedure

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exception

 

 

 

 

 

 

 

Use of projects

notice inviting sealed proposals for such materials and work, plans and specifications of which must at the time of publication of such notice be on file in the office of the board of directors subject to public inspection. Such notice shall state generally the work to be done, and shall call for proposals for doing the same to be sealed and filed with the board of directors on or before the day and hour named therein. Each bid shall be accompanied by a certified check payable to the order of the district treasurer for a sum not less than five percent (5%) of the amount of the bid, and no bid shall be considered unless accompanied by such check. At the time and place named, such bids shall be publicly opened and read, and the board of directors shall proceed to canvass the bids and may let such contract to the lowest responsible bidder upon said plans and specifications; provided, however, that no contract shall be let in excess of the cost of said materials or work, or if in the opinion of the board of directors all bids are unsatisfactory they may reject all of them and readvertise, and in such case all checks shall be returned to the bidders. If such contract be let, then and in such case all checks shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract shall be entered into for the purchase of such materials or doing such work, and a bond to perform such work furnished with sureties satisfactory to the board of directors in the full amount of the contract price in accordance with the bid.

      If said bidder fails to enter into said contract in accordance with said bid and furnish such bond within ten (10) days from the date at which he is notified that he is the successful bidder, the said check and the amount thereof shall be forfeited to the district.

      Nothing in this section shall be construed to limit the power of the district to construct, repair, or improve any project, or portion thereof, or any addition, betterment, or extension thereto, directly by the officers, agents, and employees of the district or otherwise than by contract, and the provisions of this section shall not apply to any case in which the district has taken over by transfer or assignment any contract authorized to be assigned to it under the provisions of section 16 of this act, nor to any contract in connection with the construction of any project which the district may have had transferred to it by any person or private corporation.

      Sec. 18.  Use of Projects.  The use of the facilities of the district and the operation of its business shall be subject to the rules and regulations from time to time adopted by the board of directors; provided, however, that said board shall not be authorized to do anything which will impair the security of the holders of the obligations of the district or violate any agreements with them or for their benefit.


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

ê1947 Statutes of Nevada, Page 549 (Chapter 164, SB 26)ê

 

not be authorized to do anything which will impair the security of the holders of the obligations of the district or violate any agreements with them or for their benefit.

      Sec. 19.  Limitation of Powers.  The State of Nevada does hereby pledge to and agree with any person, firm, or corporation, or federal agency subscribing to or acquiring the bonds to be issued by the district for the construction, extension, improvement, or enlargement of any project or part thereof, that the State will not limit or alter the rights hereby vested in the district until all bonds at any time issued, together with the interest thereon, are fully met and discharged. The State of Nevada does further pledge to and agree with the United States and any other federal agency that in the event that any federal agency shall construct or contribute any funds for the construction, extension, improvement, or enlargement of any project, or any portion thereof, the state will not alter or limit the rights and powers of the district in any manner which would be inconsistent with the continued maintenance and operation of the project or the improvement thereof, or which would be inconsistent with the due performance of any agreements between the district and any such federal agency, and the district shall continue to have and may exercise all powers herein granted, so long as the same shall be necessary or desirable for the carrying out of the purposes of this act and the purposes of the United States in the construction or improvement or enlargement of the project or such portion thereof.

      Sec. 20.  Alteration of Boundaries and Dissolution.  At any time after its creation and incorporation, the district may be dissolved or the boundaries thereof may be altered by ordinance of the city of Las Vegas with the consent by ordinance of any other incorporated city embraced within said district; provided, that the boundaries of said district shall not be enlarged so as to include the territory of any incorporated city, not theretofore embraced therein, without the consent by ordinance of such incorporated city. All such ordinances shall be adopted only after notice of intention to adopt the same shall have been given by the governing bodies of said cities by publication thereof for at least ten (10) days, preceding the final adoption of said ordinances, in some newspaper of general circulation in said cities, or if there be no such newspaper, then by posting such notice of intention at the courthouse in the county wherein said cities are located, and if there be territory outside the corporate limits of said cities affected by such dissolution or alteration, then such notice shall be published as aforesaid, if there be such newspaper, and posted at the courthouse in the county wherein said territory is located.

 

 

Limitation of powers of the state

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Alteration of boundaries; dissolution, when

Exception

 

 

Ordinance required


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

ê1947 Statutes of Nevada, Page 550 (Chapter 164, SB 26)ê

 

Ordinances approved by secretary of state

 

 

 

 

 

 

Dissolution or alteration effective, when

 

 

 

 

 

 

 

 

Rights of bondholders

 

 

Bonds not secured by taxing power of state

 

 

 

 

 

 

 

Exemption from taxation

      Certified copies of said ordinances, in duplicate, duly signed and attested by its proper officers under the corporate seal of said cities shall be filed with the secretary of state. If the secretary of state finds that all the requirements of this section have been fully performed, he shall forthwith endorse his approval on the certified copies of the ordinances, filing one copy of each in his office and returning the others to the respective governing bodies of said cities, and note the dissolution of the district or the alteration of its boundaries, as the case may be, on the record of incorporation in his office.

      Upon such endorsement of approval by the secretary of state, the dissolution of said district or the alteration of its boundaries, as the case may be, shall become effective, and, in the case of dissolution, the district shall thereupon cease to exist and the entire project and all property, both real and personal, tangible and intangible, and wherever situate, of the district, with the right to maintain and operate the same in the manner and with the rights and powers provided herein for the district, shall pass to and vest in the city of Las Vegas and any other incorporated city within said district in such proportion of interest as shall have been agreed upon by them prior to the adoption of said ordinances, and the proper officers of said district shall execute all documents, conveyances, and assignments to further effectuate such transfer where deemed necessary. Upon such dissolution, the rights and remedies, provided in this act, of bondholders and other obligees of the district, and all the limitations and restrictions placed thereon by said act, shall remain the same and unimpaired by such dissolution until such bonds and obligations have been fully paid. Such bonds and obligations shall at no time be deemed to be secured by the credits or taxing power of the State of Nevada, any of its political subdivisions, or the city of Las Vegas or any other incorporated city formerly embraced within the district, nor shall they be deemed to be obligations of the State of Nevada, any of its political subdivisions, or the city of Las Vegas or any other incorporated city formerly embraced within the district, nor shall the State of Nevada, any of its political subdivisions, or the city of Las Vegas or any other incorporated city formerly embraced within the district be liable for the payment thereof.

      Sec. 21.  Exemption from Taxation.  The effectuation of the authorized purposes of the district, created under this act, shall and will be in all respects for the benefit of the people of the State of Nevada for the increase of their commerce and prosperity and for the improvement of their health and living conditions, and since such district will be performing essential governmental functions in effectuating such purposes, such district shall not be required to pay any taxes or assessments upon any property acquired or used by it for such purposes, and the bonds issued by such district, their transfer, and the income therefrom (including any profit made on the sale thereof), shall at all times be free from taxation within the State of Nevada.


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

ê1947 Statutes of Nevada, Page 551 (Chapter 164, SB 26)ê

 

performing essential governmental functions in effectuating such purposes, such district shall not be required to pay any taxes or assessments upon any property acquired or used by it for such purposes, and the bonds issued by such district, their transfer, and the income therefrom (including any profit made on the sale thereof), shall at all times be free from taxation within the State of Nevada.

      Sec. 22.  Constitutional Construction.  The provisions of this act shall be severable, and if any of the provisions thereof shall be held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any of the remaining provisions of this act. It is hereby declared as the legislative intent that this act would have been adopted had such invalid or unconstitutional provision not been included therein.

      Sec. 23.  Repeal.  All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 24.  In Effect.  This act shall become effective immediately upon its passage and approval.

 

 

 

 

 

Constitutionality

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 165, SB 99

[Senate Bill No. 99–Senator Loomis]

 

Chap. 165–An Act defining kidnaping, establishing degrees thereof, providing penalties therefor, repealing certain prior acts and parts of acts inconsistent therewith, and other matters properly relating thereto.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Every person who shall willfully seize, confine, inveigle, entice, decoy, abduct, conceal, kidnap, or carry away any individual human being by any means whatsoever with the intent to hold or detain, or who holds or detains, such individual for ransom, or reward, or for the purpose of committing extortion or robbery upon or from such individual, or to exact from relatives, friends, or other person any money or valuable thing for the return or disposition of such kidnaped person, and every person who leads, takes, entices, or carries away or detains any minor with the intent to keep, imprison, or confine it from its parents, guardians, or any other person having lawful custody of such minor, or with the intent to hold such minor to unlawful service, or perpetrate upon the person of such minor any unlawful act, shall be deemed guilty of kidnaping in the first degree; and every person who shall willfully and without authority of law seize, inveigle, take, carry away or kidnap another person with the intent to keep such person secretly imprisoned within the state, or for the purpose of conveying such person out of the state without authority of law, or in any manner held to service or detained against his will, shall be deemed guilty of kidnaping in the second degree.

 

 

 

 

 

 

 

 

 

 

 

Kidnaping, first degree


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

ê1947 Statutes of Nevada, Page 552 (Chapter 165, SB 99)ê

 

Kidnaping, second degree

 

 

Penalty, first degree

 

 

 

 

 

 

Penalty, second degree

 

 

Penalty, aiding or abetting

 

 

 

Jurisdiction of offense

 

 

Consent not a defense

 

 

 

Certain acts repealed

of law seize, inveigle, take, carry away or kidnap another person with the intent to keep such person secretly imprisoned within the state, or for the purpose of conveying such person out of the state without authority of law, or in any manner held to service or detained against his will, shall be deemed guilty of kidnaping in the second degree.

      Sec. 2.  Every person convicted of kidnaping in the first degree, if the kidnaped person shall suffer bodily harm during the act of kidnaping or the subsequent detention and confinement or in attempted escape or escape therefrom, shall suffer death or shall be punished by imprisonment in the state prison for life at the discretion of the jury so convicting the person so found guilty; or if the kidnaped person shall have suffered no bodily injury by reason of such kidnaping, the person found guilty of such kidnaping shall be punished by imprisonment in the state prison for life.

      Sec. 3.  Every person convicted of kidnaping in the second degree shall be imprisoned in the state prison for a term of not less than ten years which may be extended to life imprisonment.

      Sec. 4.  Every person who shall aid and abet kidnaping in the first degree shall be imprisoned in the state prison for a term of not less than twenty years which may be extended to life imprisonment; and every person who shall aid and abet kidnaping in the second degree shall be imprisoned in the state prison for a term of not less than one year and not more than ten years.

      Sec. 5.  Any proceedings for kidnaping may be instituted either in the county where the offense was committed or in any county through or in which the person kidnaped or confined was taken or kept while under confinement or restraint. Upon the trial for violation of this act, the consent thereto of the person kidnaped or confined shall not be a defense unless it appears satisfactorily to the jury that such person was above the age of eighteen years and that his or her consent was not extorted by threats, duress, or fraud.

      Sec. 6.  That section 10101, section 10102, section 10103, Nevada Compiled Laws 1929, and an act defining kidnaping, establishing different degrees thereof, providing penalties therefor, and other matters properly connected therewith, approved March 21, 1935, being chapter 75, Statutes of Nevada 1935, and said act as amended, approved March 11, 1937, being chapter 59, Statutes of Nevada 1937, be and they are and each of them is hereby repealed.

 

________


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

ê1947 Statutes of Nevada, Page 553ê

CHAPTER 166, SB 35

[Senate Bill No. 53–Committee on Finance]

 

Chap. 166–An Act making an appropriation for equipment for the division of laboratories of the state department of health and other needs therefor.

 

[Approved March 27, 1947]

 

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 funds in the state treasury of the State of Nevada, not otherwise specially set aside, the sum of five thousand dollars for the purchase of necessary scientific and technical equipment and appliances for the division of laboratories of the state department of health.

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

 

 

 

 

 

 

 

 

 

 

Appropriation for equipment

 

 

In effect

 

________

 

CHAPTER 167, SB 36

[Senate Bill No. 63–Senator Baker]

 

Chap. 167–An Act to create a water district in the Las Vegas valley, Clark County, Nevada; to provide for the procurement, storage, distribution and sale of water and rights in the use thereof from Lake Mead for industrial, irrigation, municipal, and domestic uses; to provide for the conservation of the ground water resources of the Las Vegas valley, and to create authority to purchase, acquire, and construct the necessary works to carry out the provisions of this act; to authorize a tax levy for the payment of obligations during the organizational period, and to provide for the issuance of district bonds to be paid solely from the operating revenues of such district.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  A water district may be created in the Las Vegas valley, as hereinafter provided for, for the following objects and purposes:

      1.  To have perpetual succession.

      2.  To sue and be sued in the name of said district in all actions and proceedings in all courts and tribunals of competent jurisdiction.

      3.  To adopt a seal and alter it at pleasure.

      4.  To take by grant, purchase, gift, devise, or lease, or otherwise, and to hold, use, enjoy, and to lease or dispose of, real or personal property of every kind within or without the district necessary or convenient to the full exercise of its power.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Water district created

 

 

Powers of


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

ê1947 Statutes of Nevada, Page 554 (Chapter 167, SB 36)ê

 

 

To acquire lands, etc.

 

 

 

 

 

 

To store, appropriate, conserve water

 

 

 

 

 

 

 

 

 

 

 

 

 

 

To exercise right of eminent domain

the district necessary or convenient to the full exercise of its power.

      5.  To acquire, by purchase, lease, construction, or otherwise, or contract to acquire, lands, rights of way, easements, privileges, and property of every kind, whether real or personal, and to construct, maintain, and operate any and all works or improvements within or without the district necessary or proper to carry out any of the objects or purposes of this act, and to complete, extend, add to, repair, or otherwise improve any works or improvements or property acquired by it as authorized by this act.

      6.  To store water in surface or underground reservoirs within the district for the common benefit of the district; to conserve and reclaim water for present and future use within the district; to appropriate and acquire water and water rights, and import water into the district, and to conserve same within the district, for any useful purpose to the district; to commence, maintain, intervene in, and compromise in the name of the district, or otherwise, and to assume the costs and expenses of, any action or proceeding involving or affecting the ownership or use of waters or water rights within the district used or useful for any purpose of the district or of common benefit to any land situated therein, or involving the wasteful use of water therein; to commence, maintain, intervene in, defend, and compromise, and to assume the cost and expenses of, any and all actions and proceedings now or hereafter begun; to prevent interference with or diminution of; to prevent contamination, pollution or otherwise rendering unfit for beneficial use of the surface or subsurface water used in said district, and to commence, maintain, and defend actions and proceedings to prevent any such interference with the aforesaid waters as may endanger or damage the inhabitants, lands, or use of water in the district.

      7.  To have and exercise in the State of Nevada the right of eminent domain, either within or without said district, and in the manner provided by law for the condemnation of private property for public use, to take any property necessary to carry out any of the objects or purposes of this act, whether such property be already devoted to the same use by any district or other public corporation or agency or otherwise, and to condemn any existing works or improvements in said district now or hereafter used. The power of eminent domain vested in the board of directors of said district shall include the power to condemn, in the name of the district, either the fee simple or any lesser estate or interest in any real property which said board by resolution shall determine is necessary for carrying out the purposes of this act.


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

ê1947 Statutes of Nevada, Page 555 (Chapter 167, SB 36)ê

 

this act. Such resolution shall be prima-facie evidence that the taking of the fee simple or easement, as the case may be, is necessary.

      8.  To enter upon any land, to make surveys and locate the necessary works of improvement and the lines for channels, conduits, canals, pipelines, roadways, and other rights of way; to acquire by purchase, lease, contract, condemnation, gift, or other legal means, all lands and water and water rights and other property necessary or convenient for the construction, use, supply, maintenance, repair, and improvement of said works, including works constructed and being constructed by private owners, lands for reservoirs for storage of necessary water, and all necessary appurtenances, and also where necessary or convenient to said end, and for said purposes and uses, to acquire and hold the stock of corporations, domestic or foreign, owning water or water rights, canals, waterworks, franchises, concessions, or rights; to enter into and do any acts necessary or proper for the performance of any agreement with the United States, or any state, county, district of any kind, public or private corporation, association, firm or individual, or any number of them, for the joint acquisition, construction, leasing, ownership, disposition, use, management, maintenance, repair, or operation of any rights, works, or other property of a kind which might be lawfully acquired or owned by said water district; to acquire the right to store water in any reservoirs, or to carry water through any canal, ditch or conduit not owned or controlled by the district; to grant to any owner or lessee the right to the use of any water or right to store such water in any reservoir of the district, or to carry such water through any tunnel, canal, ditch, or conduit of the district; to enter into and do any acts necessary or proper for the performance of any agreement with any district of any kind, public or private corporation, association, firm or individual, or any number of them, for the transfer or delivery to any such district, corporation, association, firm, or individual of any water right or water pumped, stored, appropriated, or otherwise acquired or secured for the use of the said district, or for the purpose of exchanging the same for other water, water right, or water supply in exchange for water, water right, or water supply to be delivered to said district by the other party to said agreement; to cooperate with, and to act in conjunction with, the State of Nevada, or any of its engineers, officers, boards, commissions, departments, or agencies, or with the government of the United States, or any of its engineers, officers, boards, commissions, departments, or agencies, or with any public or private corporation, in the construction of any work for the importation and distribution of water of said district, or for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.

 

 

To enter upon land; make surveys; acquire rights, etc.


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

ê1947 Statutes of Nevada, Page 556 (Chapter 167, SB 36)ê

 

 

 

 

 

To make technical investigations

 

 

 

Indebtedness, bonds

Taxes levied

 

 

 

Import water

 

 

Contracts

 

 

To supply water

 

 

 

 

 

Proposal for district; petition

for the protection of life or property therein, or for the purpose of conserving said waters for beneficial use within said district, or in any other works, acts, or purposes provided for herein, and to adopt and carry out any definite plan or system of work for any such purpose.

      9.  To carry on technical and other investigations of all kinds, make measurements, collect data, and make analyses, studies, and inspections pertaining to water supply, water rights, control of floods and use of water, both within and without said district, and for this purpose said district shall have the right of access through its authorized representative to all lands and premises within said district.

      10.  To incur indebtedness and to issue bonds in the manner herein provided.

      11.  To cause taxes to be levied and collected for the purpose of paying any obligation of the district during its organizational stage, including necessary engineering costs and further to assist in the operational expenses of said district until such taxes are no longer required therefor.

      12.  To supplement the ground water resources of Las Vegas valley by the importation and use of the waters of Lake Mead, under the Nevada allocation, for industrial, irrigation, municipal, and domestic uses.

      13.  To make contracts, and to employ labor, and to do all acts necessary for the full exercise of all powers vested in said district, or any of the officers thereof, by this act.

      14.  To supply water under contract, agreement, or in other legal manner to the United States of America, or any department thereof, the State of Nevada, Clark County, and any city, town, corporation, individual, association, or partnership situated within Clark County, Nevada, for an appropriate charge, consideration, or exchange made therefor, when such supply is available or can be developed as an incident of or in connection with the primary functions and operations of the district.

      Sec. 2.  A proposal for the establishment of the Las Vegas valley water district may be instituted by a petition signed by at least five percent of the owners of real property within the proposed district as evidenced by the county assessor’s tax roll. The petition shall indicate the purposes, boundaries, divisions, and other pertinent information, and pray that the district be organized under the provisions of this act. Such petition shall first be presented to the board of county commissioners of Clark County, accompanied with a good and sufficient bond, to be approved by the said board of county commissioners in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all said costs in case said organization shall not be affected.


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

ê1947 Statutes of Nevada, Page 557 (Chapter 167, SB 36)ê

 

bondsmen will pay all said costs in case said organization shall not be affected.

      Notice of intention to present such petition shall be published for at least two weeks before the time the same is to be presented, in some newspaper printed and published in Las Vegas, Clark County, Nevada.

      Sec. 3.  When such petition is presented, and it shall appear that the notice of the presentation of said petition has been given and that said petition has been signed by the requisite number of petitioners as required by this act, the commissioners shall hold a hearing on said petition, and may adjourn such hearing from time to time not exceeding three weeks in all. In the hearing of any such petition the board of county commissioners shall disregard any informalities therein, and in case it deny the same or dismiss it for any reasons on account of the provisions of this act not having been complied with, which are the only reasons upon which it shall have the right to refuse or dismiss the same, it shall state its reasons in writing therefor in detail, which shall be entered upon its records, and in case the reasons are not well founded, a writ of mandamus shall, upon proper application therefor, issue out of the district court of the county compelling it to act in compliance with this act, which writ shall be heard within twenty days from the date of issuance, such time to be excluded from the time given the county commissioners to act upon the petition. Upon the completion of the hearing the county commissioners shall forthwith make an order denying or granting the prayer of said petition, and if the same is granted shall, in said order, define and establish the boundaries and designate the name of such proposed district and divide the same into seven divisions, as prescribed in the petition, as nearly equal in size as may be practicable. Thereupon the said commissioners shall by further order duly entered upon their record call an election of the qualified electors of said proposed district to determine whether such district shall be organized under the provisions of this act, and by such order shall submit the names of one or more persons from each of the divisions of said district to be voted for as directors of the district. One director shall be elected from each division by the qualified electors of the water district and shall be a qualified elector and property owner of the division from which he is elected. Each division shall constitute an election precinct for the purposes of this act; provided, that after the organization of the district the directors may divide a division into two or more precincts and fix the polling places therein; and provided further, that the directors, by affirmative vote of all of their number or of all of their number save one, may reduce the number of election precincts to one or more within the district, establish the boundaries thereof, and fix the polling place or places therein.

 

 

 

 

Hearing on petition, when

 

 

Petition denied, when

 

 

 

 

 

 

 

 

Order granting or denying petition

 

 

 

 

Election called

 

 

Directors; qualifications

 

 

 

 

Precincts


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

ê1947 Statutes of Nevada, Page 558 (Chapter 167, SB 36)ê

 

 

 

 

 

 

 

 

Polling places

 

 

 

 

 

General election law

 

 

 

Canvass of votes

 

 

 

 

 

 

 

 

 

Regular elections

 

 

Terms of office

of their number or of all of their number save one, may reduce the number of election precincts to one or more within the district, establish the boundaries thereof, and fix the polling place or places therein. The board of county commissioners shall give notice of such election, which shall be published for two weeks prior to such election in a newspaper within the county where the petition is filed. Such notice shall require the electors to cast ballots which shall contain the words “Water District-Yes,” or “Water District-No,” or words equivalent thereto, and the names of persons to be voted for as directors. For the purpose of this election the board shall establish a polling place in each election precinct aforesaid, and shall also appoint three qualified electors to act as inspectors of election in each election precinct, and also appoint for each precinct two clerks of election. The record of the board of county commissioners of the proceedings had and taken by it under the provisions of this act shall be, in the absence of fraud, conclusive evidence of the matters and things therein recited.

      Sec. 4.  Except as in this act otherwise provided, all such elections shall be conducted as near as may be practicable in accordance with the general election laws of this state, including the right to vote by absent voter’s ballot. The board of county commissioners shall meet on the second Monday succeeding such election and proceed to canvass the votes cast thereat, and if upon such canvass it appears that a majority of the electors voted “Water District-Yes” the board, by an order entered upon its minutes, shall declare such territory duly organized as a water district under the name and style theretofore designated, and shall declare the persons receiving, respectively, the highest number of votes for directors to be duly elected, and shall cause a copy of such order and a plat of said district, each duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county recorder of Clark County, and certified copies thereof shall also be filed with the county clerk of Clark County, and thereafter the organization of the district shall be complete.

      Sec. 5.  The regular elections of such water district shall be held on the first Tuesday after the first Monday in April of the second calendar year after the completion of the organization thereof, and on the same day biennially thereafter, biennially after the first regular election therein. The directors elected at the organization election shall be selected by lot so that three directors shall hold office until their successors are elected at the next regular election and qualify, and four directors shall hold office until their successors are elected at the second regular election after organization and qualify, and at the regular election biennially thereafter directors shall be elected, to replace the directors whose terms expire, for terms of four years, or until their successors are elected and qualify.


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

ê1947 Statutes of Nevada, Page 559 (Chapter 167, SB 36)ê

 

at the regular election biennially thereafter directors shall be elected, to replace the directors whose terms expire, for terms of four years, or until their successors are elected and qualify. Directors so elected shall have the qualifications prescribed in this act for directors elected at the time of organization. Nominations for the office of directors shall be made by filing a declaration with the secretary within fifty days before the date of election and not later than twenty days before such election. Candidates shall pay twenty-five dollars filing fee with such declaration. In the event there shall be no contests for office, and no matters or propositions to be voted upon at any such election, then such election shall not be held, and the duly qualified candidates shall be deemed elected as of the date said election would otherwise have been held, and the board of directors must declare on its records said candidates to have been elected.

      Sec. 6.  Not less than fifteen nor more than twenty days before any election held under this act subsequent to the organization of the district, the secretary shall cause notice specifying the polling places and time of holding the election to be posted in three public places in each election precinct and in the office of the board of directors. Prior to the time for posting the notice the board of directors shall appoint three qualified electors to act as inspectors of election in each election precinct, and shall also appoint two clerks of election for each precinct. If the board of directors fail to appoint a board of election or the members appointed do not attend the opening of the polls on the morning of election, the electors of the precinct present at that hour may appoint the board or supply the place of absent members thereof. The board of directors shall, in its order appointing the board of election, designate the hour and the place in each precinct where the election shall be held. The secretary shall be ex officio district registrar of the district, and may, at least four weeks before any election, appoint a deputy registrar in each election precinct, whose duty it shall be to register all electors within his precinct applying for registration, and for this purpose he or she shall have authority to demand of the elector all information, and to administer all oaths required by this act. Such registrar and deputy registrars shall be governed in the performance of their duties by the general election laws of this state as far as they are applicable, and shall be at their places of registration to receive applications for registration from 9 o’clock a. m. until 9 o’clock p. m. on each of three Wednesdays next preceding the date of election. The registrars shall require registrants to take the following oath in substance: “I am, or have declared my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title of real property within the boundaries of the Las Vegas valley water district, and such holding is for all purposes and not simply for this election or matters connected therewith.”

 

 

 

 

Nominations

 

 

Fee

No election held, when

 

 

 

 

Notice of election; inspectors

 

 

 

 

 

 

 

 

 

Registration of electors; qualifications


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

ê1947 Statutes of Nevada, Page 560 (Chapter 167, SB 36)ê

 

 

 

 

 

 

Registration of corporations

 

 

 

 

 

 

No election without registration

 

 

 

 

 

 

 

Poll books, regulation of

or have declared my intention to become, a citizen of the United States, am over the age of twenty-one years, and am, or properly represent, under the law in pursuance of which this election is to be held, the bona fide holder of title or evidence of title of real property within the boundaries of the Las Vegas valley water district, and such holding is for all purposes and not simply for this election or matters connected therewith.”

      The president or vice president of a qualified corporation may register in its behalf, or any other person may register on behalf of such corporation upon being duly authorized by the president or vice president thereof in writing. The registrar shall require registrants on behalf of a corporation to take the following oath, in substance: “I am over the age of twenty-one years, and the (president or vice president) of (naming the corporation), or have been duly authorized in writing to register on behalf of (naming the corporation); that said corporation is organized under or has qualified under the laws of Nevada to transact business therein, and is the holder of real property within the boundaries of the Las Vegas valley water district.” No election for any purpose except for organization shall be held in such water district without such registration, and only electors duly registered shall be entitled to vote thereat; provided, however, that if an elector has voted at the last preceding district election, whether special or general, and is still eligible, he shall not be required to reregister in order to vote at the next succeeding election, but before he shall be permitted to vote at such election, if he shall not have registered therefor, he shall be required to take and subscribe the registration oath before the board of election, on a form provided by the district, as evidence of his continued eligibility.

      In all poll books and lists of registered electors prepared for any election hereunder, the names of electors who have registered or reregistered for such election shall be distinguished from the names of those who voted at the last preceding district election, but who have not so registered or reregistered, by the letter R enclosed in parentheses placed before each of the names of the former and the omission thereof in connection with the names of the former and the omission thereof in connection with the names of the latter. Registration of voters for any regular or special election shall close on the Wednesday preceding such election. The registration oath may be taken before the registrars or deputy registrars, any member of an election board, or any officer authorized by law to administer oaths. All oaths taken before the election board shall be by them preserved and returned with the ballots.


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

ê1947 Statutes of Nevada, Page 561 (Chapter 167, SB 36)ê

 

      Sec. 7.  Before opening the polls each inspector and each clerk must take and subscribe to an oath to faithfully perform the duties imposed upon him by law. Any elector of the precinct may administer and certify such oath. Vacancies occurring during the progress of the election may be filled by the remaining inspector or inspectors, and any inspector of election may administer and certify oaths. The time of opening and closing the polls, the manner of conducting the election, canvassing and announcing the result, the keeping of the tally list, and the making and certifying of such result, and the disposition of the ballots after election, shall be the same, as near as may be, as provided for elections under the general election law of this state. Registrars and election officers may receive such compensation for their services as the board shall prescribe, not exceeding the amount paid for similar services at general elections. The returns shall be delivered to the secretary of the district, and no list, tally paper, or returns from any election shall be set aside or rejected for want of form if it can be satisfactorily understood. The board of directors shall meet at its usual place of meeting on the second Monday after an election to canvass the returns, and it shall proceed in the same manner and with like effect, as near as may be, as the board of county commissioners in canvassing the returns of general elections, and when it shall have declared the result the secretary shall make full entries in his record in like manner as is required of the county clerk in general elections. The board of directors must declare elected the person or persons having the highest number of votes given for each office. The secretary shall immediately make out and deliver to such person or persons a certificate of election, signed by him and authenticated with the seal of the board. Within ten days after receiving the certificate of his election, each director shall take and subscribe to an official oath and file the same with the secretary of the board of directors. Each member of said board of directors shall execute an official bond in the sum of ten thousand ($10,000), which shall be approved by the judge of the district court in and for the county where such organization is effected. Such bonds shall be recorded in the office of the county recorder and filed with the secretary of the board. The costs of such bonds shall be borne by said water district.

      Sec. 8.  The officers of such district shall consist of seven directors as aforesaid, a president and a vice president, elected from their number, a secretary, and treasurer. The board may appoint an assistant secretary who shall exercise such of the powers and perform such of the duties of the secretary as may be designated by the board of directors, except that such assistant secretary shall not be invested with authority to sign on behalf of the secretary any bonds of the district.

Duties of inspectors and clerks

 

 

Election conducted under general election laws

 

 

Compensation

 

Returns; canvass

 

 

 

 

 

 

 

 

Certificates of election

 

 

 

Oath and bond of director

 

 

 

Officers of district


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

ê1947 Statutes of Nevada, Page 562 (Chapter 167, SB 36)ê

 

 

 

 

 

 

Organization; meetings

 

 

 

 

 

 

 

 

 

 

Vacancies, how filled; term of office

 

 

 

 

 

 

 

 

 

Duties and powers of directors

with authority to sign on behalf of the secretary any bonds of the district. The secretary and treasurer shall be appointed by the board of directors and may or may not be members of said board. Such officers shall serve at the will of the board. One person may be appointed to serve as secretary and treasurer. The board may also appoint an engineer and manager and such other assistants as may be necessary. The directors immediately upon their election and qualification shall meet and organize. The board of directors shall designate some place within the county as the office of the board, and the board shall hold a regular monthly meeting in this office on such day of the month as that fixed upon by resolution duly entered upon the minutes. All meetings of the board shall be public, and a majority of the members shall constitute a quorum for the transaction of business, but on all questions requiring vote there shall be a concurrence of at least a majority of the members of the board. All records of the board shall be open to the inspection of any elector during business hours. On the first Monday in May next following their election, the board of directors shall meet and organize, and elect a president and vice president, and appoint a secretary and treasurer. The appointees aforesaid shall file bonds, which shall be approved by the board for the faithful performance of their duties. Any vacancies in the office of director shall be filled from the division in which the vacancy occurs by the remaining members of the board. In cases where a vacancy occurs in the office of director, and the remaining directors, at the next regular monthly meeting of the board of directors following such vacancy, do not by a majority vote of such remaining directors appoint a successor to fill such a vacancy, then the president of the board of directors shall fill such vacancy by appointment, and in the event of the vacancy occurring in the office of the director who is president of the board, then the vice president shall fill the vacancy by appointment. A director appointed to fill a vacancy, as above provided, shall hold his office until the next biennial election, and until his successor is elected and qualified.

      Sec. 9.  The board of directors shall have power to manage and conduct the business and affairs of the district, to make and execute all necessary contracts, to employ and appoint such agents, officers, and employees, delegates to conventions, or other representatives in the interest of the district as may be required, and prescribe their duties and remuneration, and to establish bylaws, rules, and regulations for the distribution and use of water in the district. Said bylaws, rules, and regulations shall be printed in convenient form for distribution throughout the district. For the purpose of acquiring control over government lands within the district, and of complying wih the provisions of an act of Congress of August 11, 1916, entitled “An act to promote reclamation of arid lands,” the board shall have power to make such investigation, and base thereon such representations and assurances to the secretary of the interior as may be requisite.


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

ê1947 Statutes of Nevada, Page 563 (Chapter 167, SB 36)ê

 

of complying wih the provisions of an act of Congress of August 11, 1916, entitled “An act to promote reclamation of arid lands,” the board shall have power to make such investigation, and base thereon such representations and assurances to the secretary of the interior as may be requisite. The board and its agents and employees shall have the right to enter upon any land to make surveys, and may locate the necessary irrigation and other works, and the lines of any canal or canals, and the necessary branches for the same, on any lands which may be deemed best for such location.

      Sec. 10.  Any person who shall wrongfully or purposely fill up, cut, damage, injure, or destroy, or in any manner impair, the usefulness of any reservoir, canal, ditch, lateral, drain, headgate, dam, or other work, structure, or improvement constructed or acquired under the provisions of this act, or shall wrongfully and maliciously interfere with any officer, agent, or employee of the district in the proper discharge of his duties, shall be guilty of a misdemeanor, and shall be fined in any sum not exceeding five hundred dollars ($500) or imprisoned not to exceed (90) days in the county jail, or by both such fine and imprisonment; provided further, that the water district damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to attorney’s fees and costs of court.

      Sec. 11.  All moneys belonging to or in the custody of the water district shall, so far as possible, be deposited in such state or national bank or banks in this state as the treasurer or other officer of such water district having legal custody of said moneys shall select for the safe-keeping thereof, and shall be subject to withdrawal at any time on demand of the treasurer or other authorized officer.

      For the security of such deposits there shall be delivered to the treasurer of such water district a bond or bonds of a corporate surety qualified to act as sole surety on bonds or undertakings required by the laws of this state, and approved by the insurance commissioner of this state as a company possessing the qualifications required for the purpose of transacting a surety business within this state; provided, that the penal amount of such bond or bonds shall at no time be less than the amount of money deposited by such water district with such depositary; said bond or bonds shall secure and guarantee the full and complete repayment to such water district or the payment to its order of all funds so deposited, together with interest thereon. The premium for such corporate surety bond or bonds, in the discretion of the directors of the water district, may be paid out of the funds so deposited or may be required to be paid by the depositary; provided, however, that said depositary may, in lieu of said corporate surety bond or bonds, deposit with the treasurer of such water district treasury notes or United States bonds, or other securities which are legal investments for savings bonds in this state, the market value of which shall at all times equal the amount of funds so deposited as collateral security, and such securities shall be placed by such treasurer in escrow in some bank other than the depositary of the funds of such district.

 

 

 

 

 

 

 

 

Penalty for injury to property

 

 

 

 

 

 

Civil action

 

 

Moneys deposited in banks

 

 

 

Moneys secured by surety bonds


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

ê1947 Statutes of Nevada, Page 564 (Chapter 167, SB 36)ê

 

U. S. bonds as security

 

 

 

 

 

 

 

 

Discretion of treasurer

 

 

 

 

 

Contracts of indemnity, etc.

 

 

 

Director’s per diem

 

 

Officers’ compensation, how fixed

 

 

 

 

 

Directors not to be interested in contracts; penalty

by the depositary; provided, however, that said depositary may, in lieu of said corporate surety bond or bonds, deposit with the treasurer of such water district treasury notes or United States bonds, or other securities which are legal investments for savings bonds in this state, the market value of which shall at all times equal the amount of funds so deposited as collateral security, and such securities shall be placed by such treasurer in escrow in some bank other than the depositary of the funds of such district. In the event of the failure of the depositary to repay such funds to the district on demand, or to pay the same to its order, the securities so placed in escrow shall be redelivered to the treasurer and may be sold by him with or without notice, and the proceeds thereof used to reimburse the district. The treasurer, or other officer, of such district having legal custody of its moneys, may, in his discretion, deposit such moneys, in whole or in part, in United States postal savings banks. He shall also have power to deposit such moneys in the same manner and under the same conditions as may be applicable to the deposit of state, county, and/or municipal funds by the legal custodians thereof.

      Sec. 12.  The board of directors of any district now or hereafter organized under the provisions of this act shall have power to enter into contracts of indemnity and guaranty, in such form as may be approved by said board, relating to or connected with the performance of any contract or agreement which said district shall be empowered to enter into under the provisions of this act or any other law of this state.

      Sec. 13.  The members of the board of directors shall each receive fifteen dollars per day and actual traveling expenses for each day spent attending meetings of said board or while engaged in official business under the order of the board. The board shall fix the compensation to be paid to the other officers named in this act; provided, that said board shall, upon the petition of a majority of the electors within such district, submit to the electors at any general election of said district a schedule of salaries and fees to be paid the directors and officers thereof. Such petition shall be presented to the board twenty days prior to such general election, and a schedule fee submitted upon a two-thirds vote therefor shall be put into effect upon the first of the month next ensuing.

      Sec. 14.  No director or any other officer named in this act shall in any manner be interested, directly or indirectly, in any contract awarded by the board, or in the profits to be derived therefrom; and for any violation of this provision such officer shall be deemed guilty of a misdemeanor, and upon conviction thereof shall suffer a forfeiture of his office, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not to exceed six months or by both such fine and imprisonment.


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

ê1947 Statutes of Nevada, Page 565 (Chapter 167, SB 36)ê

 

and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not to exceed six months or by both such fine and imprisonment.

      Sec. 15. The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this act, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void.

      Sec. 16.  The district is authorized from time to time to issue its negotiable bonds to obtain funds for the accomplishment of any of its corporate purposes, which bonds shall be authorized by resolution of the governing body and shall be payable solely from the income and revenues to be derived from the operation of its works or properties, as hereinafter provided. These bonds shall not constitute an indebtedness or pledge of the general credit of the district and shall contain a recital to that effect, and such bonds shall be in coupon form, but may be made registerable as to principal if so provided in the resolution authorizing the issuance thereof. The bonds shall be in the denomination of $100 or a multiple thereof, shall bear interest at a coupon rate not exceeding six percent per annum, shall mature serially or otherwise in such manner as may be provided by the governing body, but not later than forty years from their date, shall be made payable at such place or places within or without the State of Nevada as may be provided by the governing body, and in the discretion of the governing body may be made redeemable at the option of the district prior to maturity at such premium or premiums not greater than one hundred three percent of the principal amount thereof as the governing body may determine. The bonds shall be signed by the president and attested by the secretary of the district under the official seal of the district in such manner as may be provided in the resolution authorizing their issuance. Interest coupons to be attached to the bonds may be executed with the facsimile signatures of such officers, and in the event any officer whose signature appears on such bond or coupons shall cease to be such officer before delivery of the bonds to the purchaser, such signature shall nevertheless be valid and sufficient for all purposes. The bonds shall be sold in such manner and at such times as the governing body may determine at public or private sale for such prices as the governing body shall approve, except that in no event shall the bonds be sold at a price which will result in an interest yield therefrom of more than six percent per annum computed to average maturity according to standard tables of bond values. The bonds may be issued in an amount sufficient to include the payment of all incidental costs incurred in connection with the construction, acquisition, extension or improvement of the works or properties and the authorization and issuance of the bonds, including, but without limitation, engineering and legal fees, fiscal agent’s expenses and the payment of the interest during the period of the construction of the works or properties and for six months thereafter.

 

 

 

Directors not to incur indebtedness, when

 

 

Negotiable revenue bonds authorized

 

 

Form, contents and conditions of bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bonds sold at public or private sale


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

ê1947 Statutes of Nevada, Page 566 (Chapter 167, SB 36)ê

 

Amount of bonds

 

 

 

 

 

Bonds shall be revenue bonds

 

 

Priority of series

 

 

 

 

 

 

 

Bonds negotiable instruments

 

Bond sinking fund

 

 

 

 

 

 

 

Covenants with bond holders

with the construction, acquisition, extension or improvement of the works or properties and the authorization and issuance of the bonds, including, but without limitation, engineering and legal fees, fiscal agent’s expenses and the payment of the interest during the period of the construction of the works or properties and for six months thereafter. Pending the preparation or execution of definitive bonds, interim receipts or certificates or temporary bonds may be delivered to the purchaser of said bonds. Bonds issued hereunder shall be payable from and secured by a pledge of the revenues derived from the operation of the works or properties constructed, acquired, extended, or improved with the proceeds thereof, subject only to the prior payment of the reasonable and necessary expenses of operating and maintaining such works or properties. If more than one series of bonds shall be issued hereunder payable from the revenues of any works or properties, priority of lien on such works or properties and the revenues thereof shall depend on the time of the delivery of such bonds, such series enjoying a lien prior and superior to that enjoyed by any series of bonds subsequently delivered; provided, however, that as to any issue or series of bonds which may be authorized as a unit but delivered from time to time in blocks, the governing body may in the proceedings authorizing the issuance of said bonds provided that all of the bonds of such series or issue shall co-equal as to lien regardless of the time of delivery. All bonds issued under the provisions of this act shall constitute negotiable instruments within the meaning of the negotiable instruments law as that law is now or may hereafter be in force in the State of Nevada. Any resolution authorizing the issuance of bonds hereunder shall provide for the creation of a sinking fund into which shall be paid from the revenues of the works or properties, subject only to prior payment of the reasonable and necessary expenses of operating and maintaining the works or properties, sums fully sufficient to pay principal of and interest on such bonds and to create such reserve for contingencies as may be provided in such resolution. Moneys in the sinking fund shall be applied to the payment of interest on and principal of the bonds or to the purchase or retirement of the bonds prior to maturity in such manner as may be provided in said resolution. The resolution authorizing such bonds may contain such covenants with the future holder or holders of the bonds as to the management and operation of the works or properties, the imposition and collection of rates and charges for the products or services furnished thereby, the disposition of such rates and revenues, the issuance of future bonds and the creation of future liens and encumbrances against said works or properties and the revenues thereof, the carrying of insurance on the properties constituting such works, the disposition of the proceeds of any such insurance, and other pertinent matters as may be deemed necessary by the governing body to assure the marketability of such bonds; provided, such covenants are not inconsistent with the provisions of this act.


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

ê1947 Statutes of Nevada, Page 567 (Chapter 167, SB 36)ê

 

properties and the revenues thereof, the carrying of insurance on the properties constituting such works, the disposition of the proceeds of any such insurance, and other pertinent matters as may be deemed necessary by the governing body to assure the marketability of such bonds; provided, such covenants are not inconsistent with the provisions of this act. When any district shall issue bonds hereunder and shall have pledged the revenues of any works or properties for the payment thereof as herein provided, such district shall impose and collect rates and charges for the products and services furnished by such works or properties in such amounts and at such rates as shall be fully sufficient at all times to pay the expenses of operating and maintaining such works or properties, provide a sinking fund sufficient to assure the prompt payment of principal of and interest on the bonds as each falls due, provides such reasonable fund for contingencies as may be required by the resolution authorizing bonds and provide an adequate depreciation fund for such repairs, extensions and improvements to the works or properties as may be necessary to assure adequate and efficient service to the public. No board or commission other than the governing body of the district shall have authority to fix or supervise the making of such rates and charges. The governing body of any district which shall have issued the bonds payable from revenues under the provisions of this law may authorize the issuance of bonds for the purpose of refunding such outstanding bonds. Such refunding bonds may either be sold and the proceeds applied to the retirement of the outstanding bonds, or may be delivered in exchange for the outstanding bonds. The refunding bonds shall be authorized in all respects as original bonds are herein required to be authorized, and the governing body in authorizing the refunding bonds shall provide for the security of such bonds and the source from which such bonds are to be paid and for the rights of the holders thereof in all respects as herein authorized to be provided for other bonds issued under authority of this act. The governing body may also provide that the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the bonds refunded.

      Sec. 17.  That in addition to all other remedies, any holder of a bond of the district incorporated under this act, including a trustee for bond holders, shall have the right, subject to any contractual limitations binding upon such bond holders or trustee, and subject to the prior or superior rights of others:

      (1) By mandamus or other suit, action or proceedings, at law or in equity, to enforce his rights against such district and the board of such district, including the right to require such district and such board to fix and collect rates and charges adequate to carry out any agreement as to, or pledge of, the revenues produced by such rates or charges, and to require such district and such board to carry out any other covenants and agreements with such bond holder and to perform its and their duties under this act.

 

 

 

 

Rates and charges imposed

 

 

 

 

 

 

 

 

Governing body to fix rates

 

Refunding bonds authorized

 

 

 

 

 

 

 

 

 

Rights of bond holders


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

ê1947 Statutes of Nevada, Page 568 (Chapter 167, SB 36)ê

 

Rights of bond holders

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clark county may advance funds

 

 

 

Act controlling

 

 

Power of eminent domain

 

Constitutionality

 

 

 

In effect

and the board of such district, including the right to require such district and such board to fix and collect rates and charges adequate to carry out any agreement as to, or pledge of, the revenues produced by such rates or charges, and to require such district and such board to carry out any other covenants and agreements with such bond holder and to perform its and their duties under this act.

      (2) By action or suit in equity to enjoin any acts or things which may be unlawful or a violation of the rights of such bond holder.

      (3) By action or suit in equity to require such authority to act as if it were the trustees of an express trust for such bond holder.

      (4) By suit, action, or proceeding in court exercising equitable jurisdiction to obtain the appointment of a receiver of the enterprise in which the district is engaged or any part or parts thereof, who may enter and take possession of such utility or any part or parts thereof, including all property, land, property rights, easements, and other adjuncts of the utility, and such receiver may operate and maintain the same, and collect and receive all revenues thereafter arising therefrom in the same manner as such district itself might do, and shall deposit all such moneys in a separate account or accounts and apply the same in accordance with the obligations of such district as the court shall direct.

      Sec. 18.  That Clark County may advance funds to such district to pay the preliminary organization, administration, and engineering costs thereof, in such terms of repayment as may be agreed upon, and said county is hereby authorized to declare an emergency and secure necessary funds in the manner now provided by law authorizing short-term loans.

      Sec. 19.  That this act is complete in itself and shall be controlling. The provisions of any other law, general, special or local, except as provided in this act, shall not apply to a district incorporated under this act.

      Sec. 20.  The power of eminent domain herein granted may be exercised in the manner provided by Nevada Compiled Laws 1929, sections 9153 to 9176, inclusive, as amended or supplemented, or any law hereafter enacted for that purpose.

      Sec. 21.  That if any provision of this act, or the application of such provision to any person, body, or circumstances shall be held invalid, the remainder of this act, or the application of such provision to persons, bodies, or circumstances other than those as to which it shall have been held invalid, shall not be affected thereby.

      Sec. 22.  This act shall take effect upon its passage and approval.

 

________


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

ê1947 Statutes of Nevada, Page 569ê

CHAPTER 168, SB 3

[Senate Bill No. 3–Senators Budelman, Cox, and Robbins]

 

Chap. 168–An Act creating an industrial insurance commission; providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment; relating to the compensation of injured workmen and the compensation of their dependents where such injuries result in death; making premium payments by certain employers compulsory; authorizing the commission created by the act to make such rules and regulations as may be necessary; authorizing the commission to invest the funds provided for; defining and regulating the liability of employers to their employees, and repealing all acts and parts of acts in conflict with this act.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  This act shall be known as the “Nevada Industrial Insurance Act.”

      Sec. 2.  Unless a different meaning is clearly indicated by the context, the definitions hereinafter set forth shall govern the construction and meaning of the terms and phrases used in this act.

      Sec. 3.  Unless the context otherwise requires, a word used in this act in the singular number shall also include the plural; and the masculine gender shall also include the feminine and neuter.

      Sec. 4.  The term “act” when used herein means the Nevada industrial insurance act.

      Sec. 5.  The term “commission” when used in this act shall mean the Nevada industrial commission.

      Sec. 6.  The term “commissioner” means a member of the commission.

      Sec. 7.  The term “compensation” means the money allowance payable to an employee or to his dependents as provided for in this act, and includes funeral benefits and accident benefits provided therein.

      Sec. 8.  The term “accident benefits” as used in this act shall be construed to mean medical, surgical, hospital, or other treatment, nursing, medicine, medical, and surgical supplies, crutches and apparatus, including artificial members.

      Sec. 9.  The term “employer” as used in this act shall be construed to mean:

      (a) The state, and each county, city, school district, and all public and quasi-public corporations therein,

      (b) Every person, firm, voluntary association, and private corporation, including any public service corporation, which has any natural person in service,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Short title

Definitions govern

 

 

Number and gender

 

 

Definitions

 

Commission

 

Commissioner

Compensation

 

 

Accident benefits

 

 

Employer


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

ê1947 Statutes of Nevada, Page 570 (Chapter 168, SB 3)ê

 

 

 

 

Employee

 

 

 

 

 

 

 

 

 

Lessees

Exception

 

 

 

Employees excluded

 

 

 

 

Casual

 

 

 

“Trade,” etc., defined

 

 

Independent contractor

 

 

 

Workmen, partnership of

corporation, including any public service corporation, which has any natural person in service,

      (c) The legal representative of any deceased employee.

      Sec. 10.  The terms “employee” and “workman” are used interchangeably in this act and shall be construed to mean every person in the service of an employer under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes:

      (a) Aliens and minors,

      (b) All elected and appointed paid public officers,

      (c) All officers and members of boards of directors of quasi-public or private corporations while rendering actual service for such corporations for pay,

      (d) A working member of a partnership receiving wages, irrespective of profits from such partnership,

      (e) Lessees engaged in either mining or operating reduction plants; provided, however, that such lessees shall be deemed employees of the lessor and for the purposes of this act shall be deemed to be employed at the average wage paid to miners employed regularly in the same locality.

      Sec. 11.  The term “employee” excludes:

      (a) Any person whose employment is both casual and not in the course of the trade, business, profession, or occupation of his employer.

      (b) Any person engaged in household domestic service, farm, dairy, agricultural, or horticultural labor, or in stock or poultry raising, except as otherwise provided herein.

      Sec. 12.  The term “casual” refers only to employments where the work contemplated is to be completed in not exceeding ten working days, without regard to the number of men employed, and where the total labor cost of such work is less than one hundred dollars ($100).

      Sec. 13.  The terms “trade, business, profession, or occupation of his employer” includes all services tending toward the preservation, maintenance, or operation of the business, business premises, or business property of the employer.

      Sec. 14.  The term “independent contractor” means any person who renders service for a specified recompense for a specified result, under the control of his principal as to the result of his work only and not as to the means by which such result is accomplished.

      Sec. 15.  Workmen associating themselves under a partnership agreement, the principal purpose of which is the performance of the labor on a particular piece of work, shall be deemed employees of the person having such work executed, and, in the event the average monthly wages are not otherwise ascertainable, shall be deemed to be employed at the average monthly wages of workmen engaged in like work in the same locality.


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

ê1947 Statutes of Nevada, Page 571 (Chapter 168, SB 3)ê

 

at the average monthly wages of workmen engaged in like work in the same locality.

      Sec. 16.  Workmen described in subdivision (e) of section 10 and in section 15, whose employer is within the provisions of the act, shall be reported by such employer, separate and apart from those employed at a daily wage, and such report shall briefly describe the agreement under which the work is to be performed, the aggregate number of shifts worked during the preceding month and the total amount earned by such employees, computed on the average daily wages of workmen engaged in like work in the same locality; otherwise the pay roll reports and premium payments on earnings of employees described in this section shall be governed by the requirements of this act regarding employees engaged at a regular wage; provided, however, that any such workmen, partnership, or lessees, by filing with the commission an acceptance of the provisions of the act and by the payment of the premiums in advance upon the estimated earnings of themselves, and any workmen they may employ, may discharge the obligation placed upon the employer, and during the period of their compliance with the provisions of this act, the person having the work executed, as provided in section 15, or the lessor, as provided in subdivision (e) of section 10, shall be relieved of this obligation.

      Sec. 17.  Volunteer firemen, while engaged in their duties as such, belonging to a regularly organized and recognized volunteer fire department, shall be deemed, for the purpose of this act, employees of the city or town so recognizing them at the wage of one hundred fifty dollars ($150) per month, and shall be entitled to the benefits of this act upon such city or town complying therewith.

      Sec. 18.  The term “accident” as used in this act shall be construed to mean an unexpected or unforeseen event happening suddenly and violently, with or without human fault, and producing at the time objective symptoms of an injury.

      Sec. 19.  The terms “injury” and “personal injury” shall be construced to mean a sudden and tangible happening of a traumatic nature, producing an immediate or prompt result, and resulting from external force, including injuries to artificial members.

      Sec. 20.  The term “damages” means the recovery allowed in an action at law as contrasted with compensation.

      Sec. 21.  The term “subcontractors” shall include independent contractors.

      Sec. 22.  Subcontractors and their employees shall, for the purpose of this act, be deemed to be employees of the principal contractor or other person having the work done.

      Sec. 23.  This act shall not be construed to apply to employments which, according to law, are so engaged in interstate commerce as to be not subject to the legislative power of the state, nor to persons while they are so engaged.

 

Certain workmen reported separately

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Volunteer firemen

 

 

 

 

“Accident” defined

 

 

Injury

 

 

 

Damages

 

Subcontractors


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

ê1947 Statutes of Nevada, Page 572 (Chapter 168, SB 3)ê

 

Employment in interstate commerce

 

 

 

 

Total dependents, who are

 

 

 

 

 

 

 

 

 

 

Dependency determined, when

 

 

 

 

 

 

 

Liability not modified by contract

 

 

 

Employers governed by act

employments which, according to law, are so engaged in interstate commerce as to be not subject to the legislative power of the state, nor to persons while they are so engaged. Nor shall it be construed to apply to employments covered by private disability and death benefit plans which comprehend payments of compensation of equal or greater amounts for the purposes covered in this act, and which has been in effect for one year prior to the effective date of this act.

      Sec. 24.  (a) The following persons shall be conclusively presumed to be totally dependent for support upon a deceased employee:

      (1) A wife upon a husband whom she has not voluntarily abandoned at the time of the injury;

      (2) A husband, mentally or physically incapacitated from wage earning, upon a wife whom he has not voluntarily abandoned at the time of injury;

      (3) A natural, posthumous, or adopted child or children, whether legitimate or illegitimate, under the age of eighteen years, or over that age if physically or mentally incapacitated from wage earning, there being no surviving dependent parent. Stepparents may be regarded in this act as parents if the fact of dependency is shown, and a stepchild or stepchildren may be regarded in this act as a natural child or children if the existence and fact of dependency are shown.

      (b) Questions as to who constitute dependents and the extent of their dependency shall be determined as of the date of the accident or injury to the employee, and their right to any death benefit shall become fixed as of such time, irrespective of any subsequent change in conditions, and the death benefits shall be directly recoverable by and payable to the dependent or dependents entitled thereto, or to their legal guardians or trustees.

      (c) The presumptions of this section shall not apply in favor of aliens who are nonresidents of the United States at the time of accident, injury to, or death of the employee.

      Sec. 25.  No contract of employment, insurance, relief benefit, or indemnity, or any other device, shall modify, change, or waive any liability created by this act; such contract of employment, insurance, relief benefit, or indemnity, or other device, having for its purpose the waiver or modification of the terms or liability created by this act, shall be void.

      Sec. 26.  Every employer within the provisions of this act, and those employers which shall accept the terms of this act and be governed by its provisions, as herein provided, shall provide and secure compensation according to the terms, conditions, and provisions of this act for any and all personal injuries by accident sustained by an employee arising out of and in the course of the employment; and in such cases the employer shall be relieved from other liability for recovery of damages, or other compensation for such personal injury, unless by the terms of this act otherwise provided.


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

ê1947 Statutes of Nevada, Page 573 (Chapter 168, SB 3)ê

 

employer shall be relieved from other liability for recovery of damages, or other compensation for such personal injury, unless by the terms of this act otherwise provided.

      Sec. 27.  The rights and remedies provided in this act for an employee on account of an injury by accident sustained arising out of and in the course of the employment shall be exclusive, except as otherwise herein provided, of all other rights and remedies of such employee, his personal or legal representatives, dependents, or next of kin, at common law or otherwise, on account of such injury; and the terms, conditions and provisions of this act for the payment of compensation and the amount thereof for injuries sustained or death resulting from such injuries shall be conclusive, compulsory, and obligatory upon both employers and employees coming within the provisions hereof.

      Sec. 28.  Where a state, county, municipal corporation, school district, cities under special charter and commission form of government, or contractor under the state, county, municipal corporation, school district, or cities under special charter or commission form of government is the employer, the terms, covenants, conditions, and provisions of this act for the payment of premiums to the state insurance fund and the accident benefit fund, for the payment of compensation and the amount thereof, for such injury sustained by an employee of such employer, shall be conclusive, compulsory, and obligatory upon both employer and employee without regard to the number of persons in the service of any such employer.

      Sec. 29.  Before any person, firm, or corporation shall commence work under any contract with the state or any political subdivision thereof, such contractor shall furnish to the public authority having charge of the letting of such contract a certificate of the industrial commission certifying that such contractor has complied with the provisions of this act.

      Sec. 30.  Where an employer has in his service four (4) or more employees under a contract of hire, except as otherwise expressly provided in this act, the terms, conditions, and provisions of this act for the payment of premiums to the state insurance fund and, except as further otherwise provided, to the accident benefit fund, for the payment of compensation and the amount thereof for such injury sustained by an employee of such employer, shall be conclusive, compulsory, and obligatory upon both employer and employee; provided, however, that should the number of employees in the service of such employer fall below the number in this section stated, then, in that event, such employer shall continue subject to the provisions of this act, unless said employer has, prior to injury to one of his employees, effected a withdrawal of the provisions of this act by filing in the office of the commission a notice in writing showing such decrease in the number of employees in the service of such employer.

 

 

 

Terms of act conclusive on employee

 

 

 

 

 

 

 

State, etc., as employer bound by act

 

 

 

 

 

 

 

Contractor with state to comply with act

 

 

 

Act compulsory as to employer and employee

 

 

 

 

Exception


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

ê1947 Statutes of Nevada, Page 574 (Chapter 168, SB 3)ê

 

 

 

Action at law by employee, when

 

 

 

 

 

 

 

 

 

 

 

 

Failure to provide compensation; penalty

 

 

Election to come within act

 

 

 

 

 

Proviso

 

 

 

 

Employee deemed to accept act, when

a notice in writing showing such decrease in the number of employees in the service of such employer.

      Sec. 31.  (a) If any employer within the provisions of section 30 fails to provide and secure compensation under this act, any injured employee or his dependents may bring an action at law against such employer for damages as if this act did not apply.

      (b) The injured employee or his dependents may in such action attach the property of the employer at any time upon or after the institution of such action, in an amount fixed by the court, to secure the payment of any judgment which is ultimately obtained. The provisions of the civil practice act shall govern the issuance of, and proceedings upon, such attachment.

      (c) In such action as in this section provided, the employer shall not escape liability for personal injury or accident sustained by an employee of such employer when the injury sustained arises out of and in the course of the employment because of any of the defenses set forth in paragraphs 1, 2, and 3 of section 35(a), and in such case the same presumptions as set forth in paragraph 4 of said section 35(a) shall apply.

      Sec. 32.  If any employer within the provisions of section 30 shall fail to provide and secure compensation under the terms of this act, such employer shall be guilty of a misdemeanor, and shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.

      Sec. 33.  Any employer not otherwise coming within the provisions of this act as defined and provided by sections 28 and 30, who employs less than four (4) employees under a contract of hire, may elect to come within the terms, conditions, and provisions of this act by filing with the commission a written statement that he accepts the provisions of the act which, when filed, shall operate to subject him to the provisions of said act and of all acts amendatory thereof, until such employer shall thereafter file in the office of the commission a notice in writing that he withdraws his election; provided, however, that any employer, as in this section provided, having come under this act, who thereafter elects to reject the terms, conditions, and provisions thereof, shall not be relieved from the payment of premiums to the commission prior to the time his notice of rejection becomes effective; and said premiums may be recovered in an action at law as hereinafter in this act provided.

      Sec. 34.  (a) Any employee in the service of any such employer as in section 33 provided, shall be deemed to have accepted, and shall be subject to, the provisions of the act and of any acts amendatory thereof if at the time of the accident for which compensation is claimed:

 


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

ê1947 Statutes of Nevada, Page 575 (Chapter 168, SB 3)ê

 

and of any acts amendatory thereof if at the time of the accident for which compensation is claimed:

      (1) The employer charged with such liability is subject to the provisions of this act, whether the employee has actual notice thereof or not; and

      (2) Such employee shall not have given to his employer and to the commission notice in writing that he elects to reject the provisions of said act.

      (b) Any such employee who has rejected the provisions of this act may at any time thereafter elect to waive such rejection by giving notice in writing to his employer and to the commission which shall become effective when filed with the commission.

      Sec. 35.  (a) If an employer having the right, under the provisions of section 33 of this act, to accept the terms, conditions, and provisions thereof shall fail to accept the same as herein provided, every such employer shall be deemed to have rejected the terms, conditions, and provisions thereof, and in such case such employer shall not escape liability for personal injury by accident sustained by an employee of such employer when the injury sustained arises out of and in the course of the employment, because:

      (1) The employee assumed the risks inherent or incidental to, or arising out of, his employment; or the risks arising from the failure of the employer to provide and maintain a reasonably safe place to work, or the risks arising from the failure of the employer to furnish reasonably safe tools or appliances, or because the employer exercised reasonable care in selecting reasonably competent employees in the business;

      (2) The injury was caused by the negligence of a coemployee;

      (3) The employee was negligent, unless and except it shall appear that such negligence was willful and with intent to cause the injury, or the result of intoxication on the part of the injured party;

      (4) In actions by an employee against an employer for personal injuries sustained arising out of and in the course of the employment where the employer has rejected the provisions of this act, it shall be presumed that the injury to the employee was the first result and growing out of the negligence of the employer, and that such negligence was the proximate cause of the injury; and in such case the burden of proof shall rest upon the employer to rebut the presumption of negligence.

      (b) Every such employer shall be conclusively presumed not to have elected to provide and secure compensation to employees for injuries sustained arising out of and in the course of the employment according to the provisions of this act, unless and until notice in writing of an election to accept shall be given to the commission, substantially in the following form:

 

 

Employee deemed to accept act, when

 

 

 

 

 

 

 

Employer deemed to reject act, when

 

Effect of rejection by employer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

No presumption of rejection of act


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

ê1947 Statutes of Nevada, Page 576 (Chapter 168, SB 3)ê

 

 

 

 

 

Form of notice

 

 

 

 

 

 

 

 

Employer to provide and employee accept compensation, when

 

 

Payment of premiums required

 

 

 

 

 

Failure to pay premiums, effect of

 

 

 

Notices

 

 

Employer of excluded employees may accept act

course of the employment according to the provisions of this act, unless and until notice in writing of an election to accept shall be given to the commission, substantially in the following form:

 

Nevada Industrial Commission,

Carson City, Nevada.

      The undersigned employer engaged in the business of …………………. at ……………….., Nevada, hereby elects to accept the provisions of the Nevada industrial insurance act.

      Dated at…………………., this………………….day of……………, 19……….

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

                                                                                                     (Signature of Employer)

 

      Sec. 36.  (a) Where the employer, as by this act provided, has given notice of an election to accept the terms of the act, and the employee has not given notice of an election to reject the terms of the act, the employer shall provide and secure and the employee shall accept compensation in the manner as by this act provided for all personal injuries sustained arising out of and in the course of the employment.

      (b) Every such employer electing to be governed by the provisions of this act, before becoming entitled to the benefits of the act in the providing and securing of compensation to the employees thereunder, shall, on or before the first day of July 1947, and thereafter during the period of his election to be governed by the provisions of the act, pay to the commission all premiums in the manner herein provided; and during the period of his election to be governed by the provisions of the act shall comply with all conditions and provisions thereof.

      (c) Failure on the part of any such employer to pay all the premiums as by the provisions of this act required shall operate as a rejection of the terms of this act. In the event of any rejection of this act, or the terms hereof, such rejecting employer shall post a notice of rejection of the terms of the act upon his premises in a conspicuous place. Failure to post said notice shall constitute a misdemeanor.

      (d) It shall be the duty of such employer at all times to maintain the notice or notices so provided for the information of his employees, and any person failing so to maintain the same shall be guilty of a misdemeanor.

      Sec. 37.  (a) Any employer of labor in the State of Nevada having in his employment any employee excluded from the benefits of the act under subdivision (b) of section 11 of this act may elect to come under the provisions of this act in the manner herein provided.

      (b) Such election on the part of the employer shall be made by filing with the commission a written statement that he accepts the provisions of the act which, when filed, shall operate to subject him to the provisions of said act, and of all acts amendatory thereof, until such employer shall thereafter file in the office of the commission a notice in writing that he withdraws his election.


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

ê1947 Statutes of Nevada, Page 577 (Chapter 168, SB 3)ê

 

made by filing with the commission a written statement that he accepts the provisions of the act which, when filed, shall operate to subject him to the provisions of said act, and of all acts amendatory thereof, until such employer shall thereafter file in the office of the commission a notice in writing that he withdraws his election.

      (c) Any employee in the service of any such employer shall be deemed to have accepted, and shall be subject to, the provisions of the act and of any acts amendatory thereof if, at the time of the accident for which compensation is claimed, the same conditions as set forth in paragraphs (1) and (2) of section 34(a) obtain; provided, however, that any rejecting employee may waive such rejection by proceeding in accordance with subdivision (b) of section 34.

      (d) Employers becoming contributors to the state insurance fund or the accident benefit fund, pursuant to the provisions of this section, shall be placed in a separate class, the premium rates of which shall be sufficient to provide an adequate fund for the payment of the proportionate administrative expense and compensation on account of injuries and death of employees of this class.

      Sec. 38.  It shall be unlawful for an employer who has elected to reject the terms, conditions and provisions of this act to make any charge against any employee or to deduct from the wages of any employee, any sum of money to meet the costs, in whole or in part, of the liability incurred by the employer by reason of his rejection of this act. Any such employer who makes a deduction for such purpose from the salary or wage of any employee shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense. Any employer violating this section shall be prosecuted upon complaint of the commission or upon complaint of any employee who submits proper evidence of such violation.

      Sec. 39.  (a) The administration of this act is hereby imposed upon a commission to be known as the “Nevada Industrial Commission”; and said commission, to consist of three (3) commissioners, is hereby created; two of the said commissioners shall be appointed by the governor, and when so appointed the governor shall designate one of said appointees to be the chairman of the commission, and the second appointee, other than the chairman, shall be designated by the governor to act as ex officio labor commissioner. The third commissioner shall be appointed by an industrial commission board which is hereby created, said board to consist of the governor, attorney general and inspector of mines; not more than two of the commissioners shall be members of the same political party at the date of any appointment.

 

 

 

 

Employee deemed to accept act

 

 

 

 

Employers in separate class

 

 

 

Unlawful for employer to deduct charges from wages, when

 

 

Penalty

 

 

 

 

Creation of Nevada industrial commission

 

 

Chairman


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

ê1947 Statutes of Nevada, Page 578 (Chapter 168, SB 3)ê

 

Vacancies

Term

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Industrial commission board may remove any commissioner

 

 

 

 

Compensation of commission members

appointment. Vacancies shall be filled in the same manner for unexpired terms. Each commissioner shall hold office for the term of four (4) years from and after the date of his appointment, and until his successor shall be appointed and shall have qualified; provided, however, that the appointments of the members of the commission heretofore, and prior to the effective date of this act, made pursuant to section 8 of an act entitled “An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act,” approved March 15, 1913, as amended by chapter 190, 1915 Statutes of Nevada, page 282, and as amended by chapter 191, 1935 Statutes of Nevada, page 412, and as amended by chapter 136, 1943 Statutes of Nevada, page 186, shall be continued in full force and effect for the remainder of the term of each of said members of the Nevada industrial commission, respectively. A decision on any question arising under the act concurred in by two of the commissioners shall be the decision of the commission.

      (b) The industrial commission board may remove any commissioner for inefficiency, neglect of duty, or misconduct in office, giving him a copy of the charges against him and an opportunity of being publicly heard in person or by counsel in his own defense, upon not less than ten days’ notice. If such commissioner shall be removed, the industrial commission board shall file in the office of the secretary of state a complete statement of all charges made against such commissioner, and the findings thereon, together with a complete record of the proceedings.

      (c) As compensation for their services, the chairman of the commission shall receive the sum of one hundred and fifty dollars ($150) per month, and shall also serve as executive officer of the commission, in charge of the office and affairs of the commission, and shall be entitled to additional compensation for such service, which shall be fixed by the industrial commission board and approved by the governor. The member of the commission herein designated as the second appointee and ex officio labor commissioner shall receive for his services the sum of two hundred dollars ($200) per month. The member of the commission herein designated as the third commissioner shall receive for his services the sum of two hundred and fifty dollars ($250) per month. The executive officer of the commission shall not be financially interested in any business interfering or inconsistent with his duties.


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

ê1947 Statutes of Nevada, Page 579 (Chapter 168, SB 3)ê

 

in any business interfering or inconsistent with his duties. A member of the commission, or an employee of the commission, shall not serve on any committee of any political party.

      Sec. 40.  The commission shall be in continuous session and open for the transaction of business during all the business hours of each and every day excepting Sundays and legal holidays. All sessions shall be open to the public, and shall stand and be adjourned without further notice thereof on its records. All proceedings of the commission shall be shown on its records which shall be a public record and shall contain a record of each case considered and the award made with respect thereto, and all voting shall be had by the calling of each member’s name by the secretary and each vote shall be considered as cast.

      Sec. 41.  The commission shall keep and maintain its office at the capitol in the town of Carson City, State of Nevada.

      Sec. 42.  Except in cases of emergency, all necessary printing, including forms, blanks, envelopes, letterheads, circulars, pamphlets, bulletins, and reports required to be printed by said commission shall be done at the state printing office, and it is made the duty of the state printer to have such printing done as expeditiously as possible.

      Sec. 43.  The commission may employ a secretary, actuary, accountants, assistants, examiners, experts, clerks, stenographers, and other assistants, and shall employ a safety inspector, and fix their compensation. Such employments and compensation shall be first approved by the governor and shall be paid out of the state treasury. The members of the commission, actuaries, accountants, inspectors, examiners, experts, clerks, stenographers, and other assistants that may be employed shall be entitled to receive from the state treasury their actual and necessary expenses while traveling on the business of the commission. Such expenses shall be itemized and sworn to by the person who incurred the expense and allowed by the commission.

      Sec. 44. (a) The commission shall adopt reasonable and proper rules to govern its procedure; regulate, prepare, and provide forms of notices, claims, and other blank forms as the commission may deem proper and advisable, the services thereof, the nature and extent of the proofs and evidence, and the method of taking and furnishing the same, to establish the rights to compensation from the state insurance, and accident benefit funds, the method of making investigations, physical examinations and inspections, and prescribe the time within which adjudications and awards shall be made.

      (b) The commission shall, upon request, furnish blank forms, and it shall be the duty of insured employers to constantly keep on hand a sufficient supply of such blank forms.

      Sec. 45.  Every employer shall furnish the commission, upon request, all information required by the commission to carry out the purposes of this act.

 

 

 

Continuous sessions of commission

 

 

 

 

 

 

Office at capital

 

Printing

 

 

 

Employees of commission

 

 

Travel expense

 

 

 

 

Rules and regulations

 

 

 

 

 

 

 

Blank forms


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

ê1947 Statutes of Nevada, Page 580 (Chapter 168, SB 3)ê

 

Employer must furnish information

 

 

Employer must fill blanks

 

 

 

 

Power to administer oaths

 

 

 

Disobedience of orders

 

 

Duty of district judge

 

 

 

 

Fees, serving subpena

 

 

 

 

 

 

 

 

 

Depositions of witnesses

upon request, all information required by the commission to carry out the purposes of this act. The commission, or any member thereof, or any person employed by the commission for that purpose, shall have the right to examine, under oath, any employer or officer, agent or employee, thereof.

      Sec. 46.  Every employer receiving from the commission any blank with directions to fill the same shall cause the same to be properly filled out as to answer fully and correctly all questions therein propounded, and if unable to do so shall give good and sufficient reasons for such failure. Answers to such questions shall be verified under oath and returned to the commission within the period fixed by the commission for such return.

      Sec. 47.  Each member of the commission, the secretary, and every inspector or examiner appointed by the commission shall, for the purposes contemplated by this act, have power to administer oaths, certify to official acts, take depositions, issue subpenas, compel the attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony.

      Sec. 48.  In case of disobedience of any person to comply with the order of the commission or subpena issued by it or one of its inspectors or examiners, or on the refusal of a witness to testify to any matter regarding which he may be lawfully interrogated, or refuse to permit an inspection as aforesaid, the district judge of the county in which the person resides, on application of any member of the commission, or an examiner or inspector appointed by it, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpenas issued from such court on a refusal to testify therein.

      Sec. 49.  Each officer who serves such subpena shall receive the same fees as a sheriff, and each witness who appears, in obedience to a subpena, before the commission or an inspector or examiner, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record which shall be audited and paid from the state treasury in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers approved by any two members of the commission. No witnesses subpenaed at the instance of a party other than the commission or any inspector shall be entitled to compensation from the state treasury unless the commission shall certify that his testimony was material to the matter investigated.

      Sec. 50.  In an investigation, the commission may cause depositions of witnesses residing within or without the state to be taken in the manner prescribed by the law for like depositions in civil actions in the courts of record.


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

ê1947 Statutes of Nevada, Page 581 (Chapter 168, SB 3)ê

 

      Sec. 51.  A transcribed copy of the evidence and proceedings, or any specific part thereof, of any investigation, made by a stenographer appointed by the commission, being certified by such stenographer to be a true and correct transcript of the testimony on the investigation, or of a particular witness, or of a specific part thereof, and carefully compared by him with his original notes, and to be a correct statement of the evidence and proceedings had on such investigation so purporting to be taken and prescribed, may be received in evidence with the same effect as if such stenographer were present and testified to the facts so certified. A copy of such transcript shall be furnished on demand to any party upon the payment of the fee therefor as provided for transcripts in courts of record.

      Sec. 52.  (a) Every employer within the provisions of this act, and every physician and surgeon who attends an injured employee within the provisions of this act, is hereby required to file with the commission, under such rules and regulations as the commission may from time to time make, a full and complete report of every known injury to an employee arising out of and in the course of his employment and resulting in loss of life or injury to such person. Such report shall be furnished to the commission in such form and in such detail as the commission may from time to time prescribe, and shall make special answers to all questions required by the commission under its rules and regulations. It shall be unlawful for any person, firm, or corporation, agent, or officer of any firm or corporation, or any attending physician or surgeon to fail or refuse to comply with any of the provisions in this section; and any person, firm, or corporation, agent or officer of any firm or corporation, or physician or surgeon, who fails or refuses to comply with the provisions of this section, shall be guilty of a misdemeanor for each and every offense, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200).

      (b) Any physician, having attended an employee within the provisions of this act, in a professional capacity, may be required to testify before the commission when it shall so direct. Information gained by the attending physician or surgeon, while in attendance on the injured employee, shall not be considered a privileged communication, if required by the commission for a proper understanding of the case and a determination of the rights involved.

      (c) Whenever any accident occurs to any employee, it shall be the duty of the employee to forthwith report such accident and the injury resulting therefrom to the employer; provided, that whether knowledge of the same comes to the attention of the employer by such report or otherwise, the employer may at once designate and authorize in writing a physician who shall be permitted by the employee or any person or persons in charge of said employee, to make one examination of said injured employee in order to ascertain the character and extent of the injury and to render such medical attention as may be immediately required.

Transcript received in evidence

 

 

 

 

 

 

 

 

Employers and physicians must file reports of injuries

 

 

 

 

 

Penalty

 

 

 

 

 

 

 

Physician required to testify

 

 

 

 

Duty of employee to report accident


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

ê1947 Statutes of Nevada, Page 582 (Chapter 168, SB 3)ê

 

Physician designated, duty to report injury

 

 

 

 

 

 

 

Failure to report accident, effect of

 

 

 

 

 

Discretion of commission

 

 

 

 

 

 

Duty of physician

 

 

 

Death; application for compensation

employer may at once designate and authorize in writing a physician who shall be permitted by the employee or any person or persons in charge of said employee, to make one examination of said injured employee in order to ascertain the character and extent of the injury and to render such medical attention as may be immediately required. Thereupon, it shall be the duty of said physician so designated to forthwith report to the employer and to the commission the character and extent of said injury; provided, however, that further medical attention except as otherwise provided in subdivision (e) of section 58, shall be subject to authorization of, and approval by, the commission.

      (d) If the happening of the said accident, or the infliction of said injury to said employee, shall not have been reported by said employee or his said physician forthwith, as above described, and immediately after the happening of said accident and injury, or if the said injured employee or those in charge of him (the injured employee being a party to the refusal) shall refuse to permit the physician so designated to make such examination and to render such medical attention as may be immediately required, no compensation shall be paid for the injury so claimed to result from said accident; but it shall be within the discretion of the commission to relieve said injured person or his dependents from such loss or forfeiture of compensation, if the said commission shall be of the opinion, after investigation, that the circumstances attending the failure on the part of the employee, or of his physician, to report said accident and injury are such as to have excused the said employee and his physician for such failure to so report, and that such relieving of the employee or his dependents from the consequences of such failure to report will not result in an unwarrantable charge against the state insurance fund or the accident benefit fund.

      Sec. 53.  It shall be the duty of the physician to inform the injured workman of his rights under this act and to lend all necessary assistance in making application for compensation and such proof of other matters as required by the rules of the commission, without charge to the workman.

      Sec. 54.  Where death results from injury, the parties entitled to compensation under this act, or some one in their behalf, shall make application for the same to the commission, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this act, certificates of attending physician, if any, and such other proof as required by the rules of the commission.

      Sec. 55.  Notice of the injury for which compensation is payable under this act shall be given to the commission as soon as practicable, but within thirty (30) days after the happening of the accident.


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

ê1947 Statutes of Nevada, Page 583 (Chapter 168, SB 3)ê

 

soon as practicable, but within thirty (30) days after the happening of the accident. In case of the death of the employee resulting from such injury, notice shall be given to the commission as soon as practicable, but within sixty (60) days after such death. The notice shall be in writing and contain the name and address of the injured employee and state in ordinary language the time, place, nature, and cause of the injury, and be signed by said injured employee, or by a person in his behalf, or, in case of death, by one or more of his dependents or by a person on their behalf. No proceeding under this act for compensation for an injury shall be maintained unless the injured employee, or some one in his behalf, files with the commission a claim for compensation with respect to said injury within ninety (90) days after the happening of the accident, or, in case of death within one (1) year after such death. The notice required by this section shall be served upon the commission either by delivery to and leaving with it a copy of such notice, or by mailing to it by registered mail a copy thereof in a sealed postpaid envelope addressed to the commission at its office, and such mailing shall constitute complete service; the failure to give such notice or to file such claim for compensation within the time limit specified in this section shall be a bar to any claim for compensation under this act, but such failure may be excused by the commission on one or more of the following grounds:

      (1) That notice for some sufficient reason could not have been made.

      (2) That failure to give such notice will not result in an unwarrantable charge against the state insurance fund or the accident benefit fund.

      (3) That failure to give notice was due to employee’s or beneficiary’s mistake or ignorance of fact or of law, or of his physical or mental inability, or to fraud, misrepresentation or deceit.

      Sec. 56.  If change of circumstances warrant an increase or rearrangement of compensation, application shall be made therefor. Such application shall be accompanied by the certificate of a physician, showing a change of circumstances which would warrant an increase or rearrangement of compensation. No increase or rearrangement shall be operative for any period prior to application therefor.

      Sec. 57.  No application as provided for in section 56 shall be valid or claim thereunder enforceable unless filed within one (1) year after the day upon which the injury occurred or the right thereto accrued.

      Sec. 58.  (a) Every injured employee within the provisions of this act shall be entitled to receive, and shall receive promptly, such accident benefits as may reasonably be required at the time of the injury and within six (6) months thereafter, which may be further extended by the commission for an additional period of one (1) year.

Notice of injury given, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notice may be excused, when

 

 

 

 

 

 

Rearrangement of compensation, when

 

 

 

 

 

 

Injured employee entitled to accident benefits


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

ê1947 Statutes of Nevada, Page 584 (Chapter 168, SB 3)ê

 

 

 

 

Accident benefit fund

 

 

 

 

 

 

 

 

Fees and charges regulated

 

 

 

State insurance fund not applicable

 

Duty of employer

 

 

 

 

 

 

 

Employer may provide accident benefits

promptly, such accident benefits as may reasonably be required at the time of the injury and within six (6) months thereafter, which may be further extended by the commission for an additional period of one (1) year.

      (b) For the purpose of providing a fund to take care of said accident benefits as in this act provided, the commission is authorized and directed to collect a premium upon the total pay roll of every employer within the provisions of this act, except as otherwise herein provided, in such a percentage as the commission shall by order fix; every such employer paying such premium shall be relieved from furnishing accident benefits, and the same shall be provided by the commission. Every employer paying such premium for accident benefits may collect one-half thereof, not to exceed one dollar ($1) per month, from each employee, and may deduct the same from the wages of such employee.

      (c) All fees and charges for such accident benefits shall be subject to regulation by the commission and shall not be in excess of such fees and charges as prevail in the same community for similar treatment of injured persons of like standard of living.

      The commission shall have the authority to adopt such reasonable rules and regulations as may be necessary to carry out the provisions of this section.

      The state insurance fund provided for in this act shall not be liable for any accident benefits provided by this section, but the fund provided for accident benefits shall be a separate and distinct fund, and shall, on the commission records, be so kept.

      (d) It shall be the duty of every employer within the provisions of this act, immediately upon the occurrence of an injury to any of his employees, to render to such employee all necessary first aid, including cost of transportation of the injured employee to the nearest place of proper treatment where the injury is such as to make it reasonably necessary for such transportation; such employer shall forthwith notify the commission of such accident, giving the name of the injured employee, the nature of the accident and where and by whom the injured employee is being treated, and the date of the accident.

      (e) Every such employer operating under this act, alone or together with other employers, may make arrangements for the purpose of providing accident benefits as defined in this act for injured employees, and such employer may collect one half of the cost of such accident benefits from their collective employees, not to exceed one dollar ($1) per month from any one employee, and may deduct the same from the wages of each employee.


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

ê1947 Statutes of Nevada, Page 585 (Chapter 168, SB 3)ê

 

of each employee. Employers electing to make such arrangements for providing accident benefits shall notify the commission of such election and render a detailed statement of the arrangements made, which said arrangements shall not become effective until approved by the commission. Every employer who maintains a hospital of any kind for his employees, or who contracts with a physician for the hospital care of injured employees, shall, on or before the thirtieth day of January of each year, make a written report to the commission for the preceding year, which report shall contain a statement showing:

      (1) Total amount of hospital fees collected, showing separately the amount contributed by the employees and the amount contributed by the employers;

      (2) An itemized account of the expenditures, investments, or other disposition of such fees; and

      (3) A statement showing what balance, if any, remains.

Such reports shall be verified by the employer, if an individual; by a member, if a partnership; by the secretary, president, general manager, or other executive officer, if a corporation; by the physician, if contracted to a physician.

      Every employer who fails to so notify said commission of such election and arrangements, or who fails to render the financial report required herein, shall be liable for accident benefits as heretofore provided by subdivision (b) of this section.

      (f) If it be shown or the commission finds that the employer is furnishing the requirements of accident benefits in such a manner that there are reasonable grounds for believing that the health, life, or recovery of the employee is being endangered or impaired thereby, the commission may, upon application of such employee, or upon its own motion, order a change of physicians or of any other accident benefit requirements, and if the employer fails to promptly comply with such order, the injured employee may elect to have accident benefits provided by or through the commission, in which event the cause of action of said injured employee against the employer or hospital association shall be assigned to the commission for the benefit of the accident benefit fund, and the commission shall furnish to said injured employee the accident benefits provided for in this act.

      (g) If on a claim for compensation by an injured employee any medical question or the extent of disability of an injured employee shall be in controversy, the commission shall refer the case to the medical board, herein created. Said medical board, shall, upon such reference, notify the injured employee of the time and place set for examination and investigation into such medical question or determination of the extent of disability.

 

 

 

Employer to file report

 

 

 

 

Contents of report

 

 

 

 

 

 

 

Failure to report, effect of

 

Commission may intervene, when

 

 

 

 

 

 

 

 

 

Case referred to medical board, when


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

ê1947 Statutes of Nevada, Page 586 (Chapter 168, SB 3)ê

 

 

Duty and reports of medical board

 

 

 

 

 

Medical board created

 

 

Jurisdiction limited

 

 

 

 

Compensation

 

 

 

 

Compensation of employees or dependents

 

Death benefits

 

Burial

 

Beneficiaries; widow,

 

 

Widower,

into such medical question or determination of the extent of disability. At the time set, said medical board shall make a full, complete, and thorough examination of the injured employee, who may have a physician of his own choosing in attendance, and forthwith, in a joint report, if all of said board members are in agreement, submit their findings, conclusions, and recommendations to the commission; provided, however, that should such medical board not be in agreement as to the findings, conclusions, and recommendations then, in that event, the members thereof shall submit separate and individual reports to the commission.

      (h) The chairman of the commission shall, annually, request the Nevada state medical association to select and establish a list of three (3) licensed physicians in good professional standing, which physicians, when so chosen, shall be and constitute a medical board for the purposes herein mentioned. The jurisdiction of said medical board shall be limited solely to the consideration and determination of medical questions and the extent of disability of injured employees referred by the commission. The findings of said medical board or a majority thereof shall be final and binding on the commission.

      (i) Each of the members of said medical board shall receive, as compensation for his services, a sum not to exceed twenty-five dollars ($25) per day when actually engaged upon the investigation and determination of such referred cases. Each member of said medical board shall be entitled to reasonable and necessary traveling expenses incurred while actually engaged in the performance of his duties.

      Sec. 59.  (a) Every employee in the employ of an employer within the provisions of this act, who shall be injured by accident arising out of and in the course of employment, or his dependents as hereinafter defined, shall be entitled to receive the following compensation:

      If the injury causes death, the compensation shall be known as a death benefit, and shall be payable in the amount to and for the benefit of the following:

      (1) Burial expenses, not to exceed three hundred fifty dollars ($350), in addition to the compensation payable under this act.

      (2) To the widow, if there is no child, forty (40) per centum of the average wage of the deceased. This compensation shall be paid until her death or remarriage, with 2 years’ compensation in one sum upon remarriage.

      (3) To the widower, if there is no child, forty (40) per centum of the average wage of the deceased, if wholly dependent for support upon the deceased employee at the time of her death. This compensation shall be paid until his death or remarriage, with 2 years’ compensation in one sum upon remarriage.


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

ê1947 Statutes of Nevada, Page 587 (Chapter 168, SB 3)ê

 

or remarriage, with 2 years’ compensation in one sum upon remarriage.

      (4) To the widow or widower, if there is a child or children, the compensation payable under clause (1) or clause (2), and the additional amount of fifteen (15) per centum of such wage for each such child until the age of eighteen (18) years. In case of the subsequent death of such surviving wife (or dependent husband) any surviving child or children of the deceased employee shall have his or their compensation increased to the extent of the compensation theretofore paid to said surviving wife (or dependent husband) but not in excess thereof, and the same shall be payable until he shall reach the age of eighteen (18) years; provided, that the total amount payable shall in no case exceed eighty (80) percent of such wage. If the children have a guardian other than the surviving widow or widower, the compensation on account of such children may be paid to such guardian. The compensation payable on account of any child shall cease when he dies, marries, or reaches the age of eighteen (18) years, or if over eighteen years and incapable of self-support, becomes capable of self-support.

      (5) If there be a surviving child or children of the deceased under the age of eighteen (18) years, but no surviving wife (or dependent husband), then for the support of each child until the age of eighteen (18) years, thirty (30) per centum of the wages of the deceased; provided, that the aggregate shall in no case exceed ninety (90) per centum of such wages.

      (6) If there be no surviving wife (or dependent husband) or child under the age of eighteen (18) years, there shall be paid to a parent, if wholly dependent for support upon the deceased employee at the time of his death, thirty (30) per centum of the average monthly wage of the deceased during dependency, with an added allowance of twenty (20) per centum if two dependent parents survive; to the brothers or sisters, under the age of eighteen (18) years, if one is wholly dependent upon the deceased employee for support at the time of injury causing death, thirty (30) per centum of the average monthly wage for the support of such brother or sister until the age of eighteen (18) years. If more than one brother or sister is wholly dependent, then for the support of each such dependent thirty (30) per centum of the average monthly wage at the time of injury causing death; provided, that the aggregate shall in no case exceed sixty (60) per centum of such wages, divided among such dependents, share and share alike.

      (7) In all other cases, questions of total or partial dependency shall be determined in accordance with the facts as the facts may be at the time of the injury. If the deceased employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death.

 

Widow, widower, children

 

 

 

 

 

 

 

 

 

 

 

Surviving child

 

 

 

 

Parents; kindred

 

 

 

 

 

 

 

 

 

 

 

 

Partial dependency


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

ê1947 Statutes of Nevada, Page 588 (Chapter 168, SB 3)ê

 

Partial dependency

 

 

 

 

 

 

 

Apportionment of compensation

 

 

Alien dependent

 

 

Death benefits, compensation of

No lump sum settlement

 

Funeral expenses limited

 

Temporary total disability

employee leaves dependents only partially dependent upon his earnings for support at the time of the injury causing his death, the monthly compensation to be paid shall be equal to the same proportion of the monthly payments for the benefit of persons totally dependent as the amount contributed by the employee to such partial dependents bears to the average wage of deceased at the time of the injury resulting in his death. The duration of such compensation to partial dependents shall be fixed by the commission in accordance with the facts shown, but in no case exceed compensation for one hundred (100) months.

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

      If a dependent to whom a death benefit is to be paid is an alien not residing in the United States, the compensation shall be only fifty percent (50%) of the amount or amounts above specified.

      (9) Any excess of wages over one hundred fifty dollars ($150) a month shall not be taken into account in computing compensation for death benefits.

      (10) In such cases where compensation is awarded to the widow, dependent children, or persons wholly dependent, no lump sum settlements shall be allowed.

      (11) In case of the death of any dependent specified in the foregoing enumeration, before the expiration of the time named in the award, funeral expenses not to exceed three hundred fifty dollars ($350) shall be paid.

      (b) Temporary Total Disability.  For temporary total disability, if there be no one residing in the United States totally dependent upon the workman at the time of injury, compensation of sixty-six and two-thirds (66 2/3) percent of the average monthly wage, but not more than ninety dollars ($90) nor less than forty-five dollars ($45) per month, but not exceeding one hundred (100) months, during the period of such disability, total amount not to exceed nine thousand dollars ($9,000); if there be persons residing in the United States totally dependent for support upon the workman, compensation as provided herein with an additional allowance of fifteen dollars ($15) per month for each of such dependents during the period of such disability; provided, that the aggregate of such compensation shall in no case exceed the sum of one hundred thirty-five dollars ($135).

      (c) Permanent Total Disability.  In cases of total disability adjudged to be permanent, compensation of seventy percent (70%) of the average monthly wage, but not less than forty-five dollars ($45) per month, nor more than seventy-five dollars ($75) per month, during the life of the injured person; provided, in cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of forty-five dollars ($45) per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of section 58 of this act.


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

ê1947 Statutes of Nevada, Page 589 (Chapter 168, SB 3)ê

 

(70%) of the average monthly wage, but not less than forty-five dollars ($45) per month, nor more than seventy-five dollars ($75) per month, during the life of the injured person; provided, in cases of permanent total disability, if the character of the injury is such as to render the workman so physically helpless as to require the service of a constant attendant, an additional allowance of forty-five dollars ($45) per month may be made so long as such requirements shall continue, but such increase shall not obtain or be operative while the workman is receiving hospital care under or pursuant to the provisions of section 58 of this act.

      Sec. 60.  In cases of the following specified injuries, in the absence of proof to the contrary, the disability caused thereby shall be deemed total and permanent:

      1.  The total and permanent loss of sight of both eyes.

      2.  The loss by separation of both legs at or above the knee.

      3.  The loss by separation of both arms at or above the elbow.

      4.  An injury to the spine resulting in permanent and complete paralysis of both legs or both arms, or one leg and one arm.

      5.  An injury to the skull resulting in incurable imbecility or insanity.

      6.  The loss by separation of one arm at or above the elbow, and one leg by separation at or above the knee, may be deemed a permanent total disability.

      The above enumeration is not taken as exclusive; and in all other cases permanent total disability shall be determined by the commission in accordance with the facts presented.

      Sec. 61.  Temporary Partial Disability.  For temporary partial disability, sixty percent (60%) of the difference between the wages earned before the injury and the wages which the injured person is able to earn thereafter, but not more than fifty dollars ($50) per month for a period not to exceed sixty (60) months during the period of said disability. For the purpose of this provision any excess of wages over one hundred fifty dollars ($150) per month shall not be taken into account in computing compensation for temporary partial disability.

      Sec. 62.  In case of any of the following specified injuries, the disability caused thereby shall be deemed a permanent partial disability, and compensation of fifty percent (50%) of the average monthly wage, subject to a minimum of forty-five dollars ($45) per month and a maximum of seventy-five dollars ($75) per month, shall be paid in addition to the compensation paid for temporary total disability for the period named in the following schedule:

      1.  For the loss of a thumb, fifteen (15) months.

Permanent total disability

 

 

 

 

 

 

Specific injuries deemed total disability

 

 

 

 

 

 

 

 

 

 

 

Temporary partial disability

 

 

 

 

 

Permanent partial disability


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

ê1947 Statutes of Nevada, Page 590 (Chapter 168, SB 3)ê

 

Schedule

      2.  For the loss of a first finger, commonly called the index finger, nine (9) months.

      3.  For the loss of a second finger, seven (7) months.

      4.  For the loss of a third finger, five (5) months.

      5.  For the loss of a fourth finger, commonly called the little finger, four (4) months.

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

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

      8.  For the loss of a great toe, seven (7) months.

      9.  For the loss of one of the other toes, other than the great toes, two and one-half (2 1/2) months.

      10.  However, the loss of the first phalange of any toe shall be considered to be equal to the loss of one half of such toe, and compensation shall be one half of the amount above specified.

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

      12.  For the loss of a major hand, fifty (50) months; for the loss of a minor hand, forty (40) months.

      13.  For the loss of a major arm, sixty (60) months; for the loss of a minor arm, fifty (50) months.

      14.  For the loss of a foot, forty (40) months.

      15.  For the loss of a leg, fifty (50) months.

      16.  For the loss of an eye by enucleation, thirty (30) months.

      17.  The permanent and complete loss of sight in one eye without enucleation, twenty-five (25) months.

      18.  For permanent and complete loss of hearing in one ear, twenty (20) months.

      19.  For permanent and complete loss of hearing in both ears, sixty (60) months.

      20.  The permanent and complete loss of the use of a finger, toe, arm, hand, foot, or leg may be deemed the same as the loss of any such member by separation.

      21.  For the partial loss of use of a finger, toe, arm, hand, foot, leg, or partial loss of sight or hearing, fifty (50) percent of the average monthly wage during that proportion of the number of months in the foregoing schedule provided for the complete loss of use of such member, or complete loss of sight or hearing, which the partial loss of use thereof bears to the total loss of use of such member or total loss of sight or hearing.


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

ê1947 Statutes of Nevada, Page 591 (Chapter 168, SB 3)ê

 

total loss of use of such member or total loss of sight or hearing.

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

      Sec. 63.  (a) In all cases of permanent partial disability, not otherwise specified in section 26, the percentage of disability to the total disability shall be determined by the commission. For the purpose of computing compensation for a disability that is partial in character but permanent in quality fifty percent (50%) of the average monthly wage, not to exceed the sum of seventy-five dollars ($75) per month for the period of one (1) month shall represent a one (1) percent disability.

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

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

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

      Sec. 64.  The following schedule shall apply in rating permanent partial disabilities, not hereinabove included, and govern hernia cases:

hand and arm

      1.  Amputation at shoulder or between shoulder and elbow, major arm, sixty (60) months; minor arm, fifty (50) months.

      2.  Amputation at elbow, major arm, fifty-six and two-thirds (56 2/3) months; minor arm, forty-six and two-thirds (46 2/3) months.

      3.  Amputation between elbow and wrist joint, major arm, fifty-three and one-third (53 1/3) months; minor arm, forty-three and one-third (43 1/3) months.

      4.  Amputation of hand at wrist, major hand, fifty (50) months; minor hand, forty (40) months.

 

fingers

      1.  Loss one-half distal phalange of thumb, four (4) months.

      2.  Loss one-half distal phalange of index finger, two and one-half (2 1/2) months.

 

Facial disfigurement

 

 

Compensation, partial in character, computation of

 

 

 

 

 

 

 

 

 

 

 

 

 

Rating, other partial disabilities

 

Hand and arm

 

 

 

 

 

 

 

 

 

Fingers


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

ê1947 Statutes of Nevada, Page 592 (Chapter 168, SB 3)ê

 

 

 

 

Teeth

 

 

 

 

Hernia; rules

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Conversion into lump sum payment

      3.  Loss one-half distal phalange of second finger, one and one-half (1 1/2) months.

teeth

      Loss of, or permanent damage to:

      1.  Incisors, $20.

      2.  Bicuspids, $30

      3.  Molars, $40.

hernia

      Rule I.  Real traumatic hernia is an injury to the abdominal (belly) wall of sufficient severity to puncture or tear asunder said wall, and permit the exposure or protruding of abdominal viscera or some part thereof. Such an injury will be compensated as a temporary total disability, and as a partial permanent disability, depending upon the lessening of the injured individual’s earning capacity.

      Rule II.  All other hernias, whenever occurring or discovered and whatsoever the cause, except as under rule I, are considered to be diseases causing incapacitating conditions, or permanent partial disability; but a permanent, partial disability and the causes of such are considered to be as shown by medical facts-to have either existed from birth; to have been years in formation, or both, and are not compensatory except as provided under rule III.

      Rule III.  All cases coming under rule II, in which it can be proven:

      First.  That the immediate cause, which calls attention to the presence of the hernia, was a sudden effort or severe strain or blow received while in the course of employment;

      Second.  That the descent of the hernia occurred immediately following the cause;

      Third.  That the cause was accompanied, or immediately followed, by severe pain in the hernial region;

      Fourth.  That the above facts were of such severity that the same were noticed by the claimant and communicated immeditaely to one or more persons; are considered to be aggravations of previous ailments or diseases, and will be compensated as such for time lost only and to a limited extent only, depending upon the nature of the proof submitted and the result of the local medical examination, but not to exceed two months, and then only in the event that claimant undergoes an operation for the correction of his condition.

      Sec. 65.  The commission may, in its discretion, allow the conversion of the compensation herein provided for into a lump sum payment, not to exceed the sum of six thousand dollars ($6,000), under such rules and regulations and system of computation as the commission may deem proper.

      Sec. 66.  Compensation payable under this act, whether determined or due, or not, shall not, prior to the issuance and delivery of the warrant thereof, be assignable; shall be exempt from attachment, garnishment, and execution, and shall not pass to any other person by operation of law; provided, however, that the payments to the consul general, consul, vice consul general, or vice consul, of the nation of which any dependent of a deceased employee is a resident or subject, or a representative of such consul general, consul, vice consul general, or vice consul, of any compensation due under this act to any dependent residing outside of the United States any power of attorney to receive or receipt for the same to the contrary notwithstanding, shall be as full a discharge of the benefits or compensation payable under this act as if payments were made directly to the beneficiary.


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

ê1947 Statutes of Nevada, Page 593 (Chapter 168, SB 3)ê

 

delivery of the warrant thereof, be assignable; shall be exempt from attachment, garnishment, and execution, and shall not pass to any other person by operation of law; provided, however, that the payments to the consul general, consul, vice consul general, or vice consul, of the nation of which any dependent of a deceased employee is a resident or subject, or a representative of such consul general, consul, vice consul general, or vice consul, of any compensation due under this act to any dependent residing outside of the United States any power of attorney to receive or receipt for the same to the contrary notwithstanding, shall be as full a discharge of the benefits or compensation payable under this act as if payments were made directly to the beneficiary.

      Sec. 67.  Any employee entitled to receive compensation under this act is required, if requested by the commission, to submit himself for medical examination at a time and from time to time at a place reasonably convenient for the employee, and as may be provided by the rules of the commission. The request or order for such examination shall fix a time and place therefor, due regard being had to the convenience of the employee and his physical condition and ability to attend at the time and place fixed. The employee shall be entitled to have a physician, provided and paid for by himself, present at any such examination.

      Sec. 68.  If the employee refuses to submit to any such examination, or obstructs the same, his right to compensation shall be suspended until such examination has taken place, and no compensation shall be payable during or for account of such period. Any physician who shall make or be present at any such examination may be required to testify as to the result thereof.

      Sec. 69.  No compensation shall be paid under this act for an injury which does not incapacitate the employee for a period of at least five (5) days from earning full wages, but if the incapacity extends for a period of five (5) or more days, compensation shall then be computed from the date of injury; provided, however, that the period of time in this section prescribed shall not apply to accident benefits, whether the same be furnished pursuant to paragraph (b) of section 58 or pursuant to paragraph (e) of said section 58, the injured employee being otherwise within the provisions of this act and entitled thereto.

      Sec. 70.  No compensation under this act shall be allowed for an injury caused:

      (1) By the employee’s willful intention to injure himself.

      (2) By the employee’s willful intention to injure another.

      (3) If the injury is sustained by the employee while intoxicated.

      Sec. 71.  No compensation shall be payable for the death, disability, or treatment of an employee if his death be caused by, or insofar as his disability may be aggravated, caused or continued by an unreasonable refusal or neglect to submit to or follow any competent and reasonable surgical treatment or medical aid.

Compensation not assignable; exempt from garnishment, etc.

 

Payment to consul of foreign country

 

 

 

 

Employee submit to medical examination, when

 

 

 

 

 

Refusal to submit to examination, effect of

 

 

 

Incapacitation not exceeding five days

 

 

 

 

 

 

 

No compensation for injury, when


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

ê1947 Statutes of Nevada, Page 594 (Chapter 168, SB 3)ê

 

No compensation for death, when

 

 

Insanitary practices

 

 

 

 

False statements misdemeanor

 

 

 

Employee injured out of state

 

 

 

 

 

 

Employee temporarily within this state; exemption of employer

 

 

 

 

 

 

 

 

Certificate of other state

disability, or treatment of an employee if his death be caused by, or insofar as his disability may be aggravated, caused or continued by an unreasonable refusal or neglect to submit to or follow any competent and reasonable surgical treatment or medical aid.

      Sec. 72.  If any employee shall persist in insanitary or injurious practices which tend to either imperil or retard his recovery, or shall refuse to submit to such medical or surgical treatment as is reasonably essential to promote his recovery, the commission may, in its discretion, reduce or suspend the compensation of any such injured employee.

      Sec. 73.  If, for the purpose of obtaining any benefit or payment under the provisions of this act, either for himself or for any other person, any one willfully makes a false statement or representation, he shall be guilty of a misdemeanor, and if a claimant he shall forfeit all right to compensation under this act after conviction for such offense.

      Sec. 74.  (a) If an employee who has been hired or is regularly employed in this state, receives personal injury by accident arising out of and in the course of such employment outside of this state, he, or his dependents in case of his death, shall be entitled to compensation according to the law of this state. This provision shall apply only to those injuries received by the employee within six (6) months after leaving this state, unless prior to the expiration of such six-months period the employer has filed with the industrial commission of Nevada notice that he has elected to extend such coverage a greater period of time.

      (b) Any employee who has been hired outside of this state and his employer shall be exempted from the provisions of this act while such employee is temporarily within this state doing work for his employer if such employer has furnished industrial insurance coverage under the industrial insurance or similar laws of a state other than Nevada, so as to cover such employee’s employment while in this state; provided, the extraterritorial provisions of this act are recognized in such other state and provided employers and employees who are covered in this state are likewise exempted from the application of the industrial insurance or similar laws of such other state. The benefits under the industrial insurance act or similar laws of such other state shall be the exclusive remedy against such employer for any injury, whether resulting in death or not, received by such employee while working for such employer in this state.

      A certificate from the duly authorized officer of the industrial commission or similar department of another state certifying that the employer of such other state is insured therein and has provided extraterritorial coverage insuring his employees while working within this state shall be prima-facie evidence that such employer carries such industrial insurance.


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

ê1947 Statutes of Nevada, Page 595 (Chapter 168, SB 3)ê

 

therein and has provided extraterritorial coverage insuring his employees while working within this state shall be prima-facie evidence that such employer carries such industrial insurance.

      Sec. 75.  When an employee coming under the provisions of the act receives an injury for which compensation is payable under this act and which injury was caused under circumstances creating a legal liability in some person other than the employer, to pay damages in respect thereof;

      (1) The injured employee, or, in case of death, his dependents, may take proceedings against that person to recover damages; provided, however, if the injured employee or his dependents take proceedings against such person, then in that event the injured employee or his dependents, as the case may be, upon the taking of any proceedings shall, in writing, notify the commission thereof.

      (2) If the injured employee or in case of death, his dependents, in such case receive compensation under this act, the commission, by whom the compensation was paid, shall have a right of action against the person so liable to pay damages as aforesaid; provided, however, that in any action or proceedings taken by the commission under this section evidence of the amount of compensation, accident benefits, and other expenditures which the commission has paid or become obligated to pay by reason of the injury or death of said employee shall be admissible; provided further, that if in such action or proceedings the commission shall recover more than the amounts it has paid or become obligated to pay as compensation, it shall pay the excess to the injured employee or his dependents.

      Sec. 76.  An employer having come under this act and as therein provided, who thereafter elects to reject the terms, conditions, and provisions thereof, shall not be relieved from the payment of premiums to the commission prior to the time his notice of rejection becomes effective; and said premiums may be recovered in an action at law as in this act provided.

      Sec. 77.  (a) Every employer within, and those electing to be governed by, the provisions of this act, with the exception of the state, counties, municipal corporations, cities, and school districts, shall, on or before the first day of July A. D. 1947, and thereafter, as required by the commission, pay to the commission, for a state insurance fund and, except as otherwise provided herein, for an accident benefit fund, premiums in such a percentage of his estimated total pay roll for the ensuing two months as shall be fixed by order of the commission; provided, however, that all premium rates now in effect shall be continued in full force and effect until changed, altered, or amended by order of the commission.

 

 

 

Injury, legal liability of other person; procedure

 

 

 

 

 

 

 

Right of action of injured employee

 

Right of action of commission

 

 

 

 

 

Employer not relieved of premiums, when

 

 

 

Employers to pay premiums to state insurance fund


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

ê1947 Statutes of Nevada, Page 596 (Chapter 168, SB 3)ê

 

Exception

 

 

 

 

 

 

 

Employer to furnish pay roll

 

 

 

 

 

 

Failure to furnish, effect of

 

Deficit payments

 

 

 

Duty of state controller, county auditors, etc.

rates now in effect shall be continued in full force and effect until changed, altered, or amended by order of the commission.

      (b) Every employer within, and those electing to be governed by, the provisions of this act, who shall enter into business or resume operations subsequent to July 1, 1947, shall, before commencing or resuming operations, as the case may be, notify the commission of such fact, accompanying such notification with an estimate of his monthly pay roll and shall make payment of the premium on such pay roll for the first two months of operations.

      (c) Every employer within, and those electing to be governed by, the provisions of this act, shall, on or before the twenty-fifth day of each month, furnish the commission with a true and accurate pay roll showing the aggregate number of shifts worked during the preceding month, the total amount paid to employees for services performed during said month, and a segregation of employment in accordance with the requirements of the commission, together with the premium due thereon; provided, however, that any employer by agreement in writing with the commission may arrange for the payment of premiums in advance for a period of more than sixty (60) days. Failure on the part of any such employers to comply with the foregoing provisions shall operate as a rejection of this act, effective at the expiration of the period covered by his estimate; and further provided, that if an audit of the accounts or actual pay roll of such employers shows the actual premium earned to have exceeded the estimated advance premium paid, the commission may require the payment of a sum sufficient to cover such deficit, together with such amount as in its judgment would constitute an adequate advance premium for the period covered by the estimate.

      (d) As soon as possible after the expiration of each quarter-year, beginning with September 30, 1947, it shall be the duty of the state controller, and the auditor of each county, and the clerk of each municipal corporation, city, and school district, to furnish the commission with a true and accurate pay roll of said state, county, municipal corporation, school district, or contractor, or subcontractor, under said state, county, municipal corporation, city, or school district, showing the aggregate number of shifts worked during the preceding quarter, the total amount paid to employees for services performed during said quarter, and a segregation of employment in accordance with the requirements of the commission; and it shall be the duty of each of the said auditors and clerks to make up and submit to the respective governing boards of the state and each county, municipal corporation, city and school district, for approval, a claim for the amount of premiums due the commission, and the state controller, county auditor, city clerk or clerk of school districts may deduct and remit to the commission the amount of such premiums from any settlement with any contractor or subcontractor.


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

ê1947 Statutes of Nevada, Page 597 (Chapter 168, SB 3)ê

 

district, for approval, a claim for the amount of premiums due the commission, and the state controller, county auditor, city clerk or clerk of school districts may deduct and remit to the commission the amount of such premiums from any settlement with any contractor or subcontractor. Any official who fails or refuses to comply with the provisions of this section shall be guilty of a misdemeanor for each and every offense, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50), nor more than two hundred dollars ($200).

      Sec. 78.  (a) Whenever an establishment or work is dangerous in comparison with other like establishments or works, the Nevada industrial commission may advance its classification of risk and premium rates in proportion to the hazard. Such advancement of classification of risks and premium rates may be made without previous notice.

      Sec. 79.  The Nevada industrial commission shall lower the premium rate of or declare a rebate to any establishment or plant which has contributed to the state insurance fund for one year or more, if and as experience shall show it to maintain such a high standard of safety or accident prevention as to differentiate it from other like establishments or plants; provided, that the amount of such reduction of premium rate or rebate of premium contribution shall be in the discretion of the commission, but shall not exceed ten percent (10%) where the accident experience of such establishment or plant for a period of twelve months or more consecutive months is less than sixty percent (60%) of the average experience for the same period of like establishments or plants of its classification, nor fifteen percent (15%) where the accident experience of such establishment or plant for two consecutive periods of twelve months is less than sixty percent (60%) of the average experience for the same period of like establishments or plants of its classification.

      Sec. 80.  The books, records, and pay rolls of the employer pertinent to the administration of this act shall always be open to inspection by the commission or its traveling auditor, agent, or assistant, for the purpose of ascertaining the correctness of the pay roll, the men employed, and such other information as may be necessary for the commission and its management under this act. Refusal on the part of the employer to submit said books, records, and pay rolls for such inspection to any member of the commission or any assistant presenting written authority from the commission shall subject the offending employer to a penalty of one hundred dollars ($100) for each offense, to be collected by civil action in the name of the commission and paid into the accident benefit fund, and the individual who shall personally give such refusal shall be guilty of a misdemeanor.

 

 

 

Penalty

 

 

 

Hazardous employments

 

 

 

Premium rates reduced, when

 

 

 

 

 

 

 

 

 

 

 

Employer’s records open; inspection by commission

 

Penalty


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

ê1947 Statutes of Nevada, Page 598 (Chapter 168, SB 3)ê

 

Misrepresentation of pay roll

 

 

 

 

Commission to prosecute and defend actions

 

 

 

Employer liable to penalties for absence of safeguards, etc.

 

 

 

 

 

Exception

 

 

 

 

 

 

 

 

Premiums, bonds, etc., delivered to state treasurer

      Sec. 81.  Any employer who shall misrepresent to the commission the amount of pay roll upon which the premium under this act is based shall be liable to the commission in ten times the amount of the difference in premium paid and the amount the employer should have paid. The liability to the commission shall be enforced in a civil action in the name of the commission. All sums collected under this section shall be paid into the accident benefit fund.

      Sec. 82.  The commission is hereby authorized and empowered to prosecute, defend, and maintain actions in the name of the commission for the enforcement of the provisions of this act, and verification of any pleading, affidavit, or other paper required may be made by any member of the commission or by the secretary thereof. In any action or proceeding or in the prosecution of any appeal by the commission, no bond or undertaking shall ever be required to be furnished by the commission.

      Sec. 83.  If any workman be injured because of the absence of any safeguard or protection required to be provided or maintained by, or pursuant to, any statute or ordinance or any departmental regulation under any statute, or be at the time of the injury of less than the maximum age prescribed by law for the employment of the minor in the occupation in which he shall be engaged when injured, the employer shall be liable to the commission for a penalty of not less than three hundred dollars ($300) nor more than two thousand dollars ($2,000) to be collected in a civil action at law by the commission.

      The foregoing provisions of this act shall not apply to the employer if the absence of such guard or such protection be due to the removal thereof by the injured workman himself, or with his knowledge, by any fellow workmen, unless such removal be by order or direction of the employer or superintendent or foreman of the employer. If the removal of such guard or protection be by the workman himself, or be by his consent, by any of his fellow workmen, unless done by order or direction of the employer or superintendent or foreman of the employer, the compensation of such injured workman, as provided for by sections 59 to 64, inclusive, of this act, shall be reduced twenty-five percent (25%).

      Sec. 84.  All premiums, contributions, penalties, bonds, securities and all other properties received, collected or acquired by the commission pursuant to the terms of this act shall be credited on the records of the commission to the proper fund and thereafter delivered over to the custody of the state treasurer, to be by said state treasurer held subject to the terms and provisions of this act.

      Sec. 85.  All premiums, contributions, penalties, bonds, securities and all other properties heretofore or hereafter acquired by the commission shall be and constitute, for the purpose of custody thereof, the “State Insurance Fund,” and which said state insurance fund shall be held by the state treasurer as custodian thereof, under the name and title of the “Nevada Industrial Commission,” for the benefit of employees within the provisions of this act and dependents of such employees and shall be disbursed as herein provided.


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

ê1947 Statutes of Nevada, Page 599 (Chapter 168, SB 3)ê

 

acquired by the commission shall be and constitute, for the purpose of custody thereof, the “State Insurance Fund,” and which said state insurance fund shall be held by the state treasurer as custodian thereof, under the name and title of the “Nevada Industrial Commission,” for the benefit of employees within the provisions of this act and dependents of such employees and shall be disbursed as herein provided.

      Sec. 86.  All disbursements from the state insurance fund shall be paid by the state treasurer upon warrants or vouchers of the commission authorized by the majority of the commission and signed by one member of the commission and countersigned by the auditor or other bonded employee of said commission. The auditor or such other employee of said commission so countersigning shall be required to furnish a good and sufficient bond in an amount determined by the commission, and which bond shall be approved by the governor and the attorney general. The state treasurer shall be liable on his official bond for the faithful performance of his duty as custodian of the state insurance fund. The State of Nevada shall not be liable for the payment of any compensation or any salaries or expenses in the administration of this act, save and except from the state insurance fund, but shall be responsible for the safety and preservation of the state insurance fund.

      The commission may, by resolution approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, in writing, designate a bank or banks as collection depositaries, and may deposit therewith, with or without interest, for collection, all premiums, contributions, penalties, properties, or securities paid to or collected or acquired by the commission, and such collection depositaries shall be required to furnish security for such deposits in the full amount thereof as hereinafter provided. All the proceeds of such collections, except as herein otherwise provided, shall be transferred from such depositaries to the state treasurer by the commission; provided, that the commission by resolution approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, in writing, may establish and maintain a petty cash or revolving fund to be retained in the possession of the commission. Such revolving fund shall never exceed five thousand dollars ($5,000), and shall be used for the payment of current administrative expenses, excluding compensation. The members of the commission shall be liable on their respective official bonds for the safety of such petty cash or revolving fund. It is further provided, that a sum of fifty thousand dollars ($50,000) in the aggregate may be regularly maintained on deposit in all the collection depositary banks, and not subject to transfer to the state treasurer.

State insurance fund created

 

 

 

Disbursements from state insurance fund

 

 

Auditor to furnish bond

 

State treasurer’s liability

 

 

 

 

Banks designated as collection depositaries

 

 

 

 

Deposits transferred to state treasurer

 

 

Revolving fund


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

ê1947 Statutes of Nevada, Page 600 (Chapter 168, SB 3)ê

 

Current deposits

 

Trust fund

 

 

 

 

 

Security for deposits, what constitutes

 

 

Amount of security

 

 

 

 

 

 

 

 

 

Agreement of security

 

 

 

 

 

Investment of surplus funds

not subject to transfer to the state treasurer. Such fund kept currently on deposit shall be used for the transaction of the ordinary business and functions of the commission in administering the act. Such fund shall be, and be called, a trust fund, and shall not be removed or drawn upon except on checks or drafts of the commission authorized by a majority of the commission and signed by at least one member of the commission and countersigned by the auditor of the commission, or other bonded employee designated by the commission, and shall be made payable to the state treasurer of Nevada for the state insurance fund.

      Sec. 87.  The security to be deposited with the state treasurer by any bank for any premiums, contributions, penalties, or securities, and for any part of the state insurance fund deposited for collection or otherwise by the commission, shall consist of the following:

      Bonds of the United States, bonds the payment of which is guaranteed by the United States, certificates issued under the authority of the United States, bonds of this state or any state in the union, bonds, notes, or warrants of any county within any state, or bonds or warrants of any municipality, school district, irrigation or drainage district, or political subdivision of and in this state. Such security shall at all times be in an amount to be determined by the said commission and approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, but not less than the sums secured, and shall be approved in writing by the commission and the governor, state treasurer, and state controller, two of whom shall constitute a majority, and shall be deposited and kept deposited, as in this act provided, with the state treasurer of Nevada. The agreement of security made and deposited with such securities shall inure to the commission and the state treasurer of Nevada as custodian, and for the use and benefit of the state insurance fund, and shall permit withdrawal, substitution, and requirement of additional security, upon written approval of the commission and the state treasurer; provided, deposits must at all times be kept fully secured.

      Sec. 88.  The commission may, pursuant to a resolution of the commission, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, invest any of the surplus or reserve of said funds in bonds and certificates of the United States, bonds of federal agencies where underwritten or payment guaranteed by the United States, in the bonds of this or other states, in the bonds of any county of the State of Nevada, or other states, in bonds of incorporated cities, irrigation and drainage districts, and school districts of the State of Nevada. The commission shall make due and diligent inquiry as to the financial standing of the state or states, county or counties, city or cities, school district or school districts, and irrigation or drainage district or districts, whose bonds or securities it proposes to purchase, and shall also require the attorney general to give his legal opinion in writing as to the validity of any act or acts of any state or county or city or school district, irrigation or drainage district under which such bonds are issued.


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

ê1947 Statutes of Nevada, Page 601 (Chapter 168, SB 3)ê

 

standing of the state or states, county or counties, city or cities, school district or school districts, and irrigation or drainage district or districts, whose bonds or securities it proposes to purchase, and shall also require the attorney general to give his legal opinion in writing as to the validity of any act or acts of any state or county or city or school district, irrigation or drainage district under which such bonds are issued.

      All such bonds or securities shall be placed in the hands of the state treasurer who shall be the custodian thereof. He shall collect the principal and interest thereon when due, and pay the same into the state insurance fund. He shall notify the commission of the amounts so paid into the state insurance fund, giving full details of the transaction. The state treasurer shall pay all vouchers drawn on the state insurance fund for the making of such investments, when signed by a member of the commission and countersigned by the commission auditor or other bonded employees of said commission, upon delivery of such bonds or securities to him when there is attached to such vouchers a copy of the resolution of the commission authorizing the investment, approved by the governor, state treasurer and state controller, two of whom shall constitute a majority, said copy to be certified by the secretary of the commission under seal of the commission. The commission may, at any time upon its resolution, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, sell or otherwise dispose of any of the bonds or securities so purchased.

      Sec. 89.  The state treasurer may, upon written authority of the commission, approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, deposit not to exceed twenty-five percent (25%) of the reserve and surplus of said insurance fund in a bank or banks in the State of Nevada, upon interest at not less than the prevailing and current rate paid in Nevada upon savings accounts by banks; provided, however, that such bank or banks shall deposit with the state treasurer bonds of the United States or other securities in which funds of the state insurance fund are authorized to be invested as provided in section 88 hereof, in an amount, market value, sufficient to protect and guarantee the said depositor against any loss by reason of the failure or suspension of said bank, or loss from any other cause. The amount of the security to be deposited and the fair value of the bonds deposited shall be determined and fixed by the said commission and treasurer, and approved by the governor, state treasurer, and state controller, two of whom shall constitute a majority, but in no event shall the value of the bonds deposited be less than the sum deposited in the particular bank. Interest earned by such portion of the state insurance fund which may be so deposited in any bank or banks, as herein provided, shall be placed to the credit of the state insurance fund.

Duty of commission

 

 

 

 

 

Duty of state treasurer re investment in bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

State treasurer may deposit surplus funds in banks

 

 

Banks required to secure deposits

 

 

 

Amount of security


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

ê1947 Statutes of Nevada, Page 602 (Chapter 168, SB 3)ê

 

 

 

Members of commission to furnish bonds; oath

 

 

 

 

 

 

 

 

Premium, how paid

 

Seal of commission

 

 

Judicial notice of seal

 

 

State treasurer to convert to securities for bank deposits, when

 

 

 

 

 

 

 

 

 

 

Protection of funds

the state insurance fund which may be so deposited in any bank or banks, as herein provided, shall be placed to the credit of the state insurance fund.

      Sec. 90.  Each member of the commission, before entering upon the duties of his office, shall give a good and sufficient bond running to the State of Nevada. and shall take the oath prescribed by the constitution, in the penal sum of ten thousand dollars ($10,000), condition that he shall fully and faithfully discharge the duties of his office; said bond shall be given by the state pursuant to that certain act entitled: “An act to provide against losses to the state and its respective counties through defalcation, misappropriation of funds, or other wrongful acts on the part of officials; to provide for the issuance of surety bonds for public officials, establishing a fund therefor, and other matters relating thereto, and repealing certain acts in conflict herewith,” approved March 20, 1933, or by two or more individuals as surety or sureties; shall be subject to approval by the governor, and shall then be filed with the secretary of state. The premium therefor shall be paid out of the state insurance fund as other expenses of the commission are paid.

      Sec. 91.  The commission shall have a seal upon which shall be inscribed the words, “Nevada Industrial Commission-State of Nevada.” Its seal shall be fixed to all orders, proceedings, and copies thereof, and to such other instruments as the commission may direct. All courts shall take judicial notice of such seal, and any copy of any record or proceeding of the commission certified under such seal shall be received in all courts as evidence of the original thereof.

      Sec. 92.  Whenever any bank wherein funds are deposited as hereinbefore provided shall fail to pay on a written demand the entire balance due in said deposit, within forty-eight (48) hours after demand is made, the state treasurer, as the custodian of any bonds and securities herein referred to and provided, shall, within thirty (30) days thereafter, convert into cash so much of said bonds and securities, including interest, as may be necessary to pay the amount deposited, together with interest as agreed, including costs, and to disburse the proceeds according to law, returning any surplus to the depository or its legal representative, and, if there be a deficiency, reserving right to file claim for same. At any sale under the provisions of this act the commission may bid for and purchase bonds offered for sale whenever such bonds or securities be legal investments for commission funds or whenever it be deemed necessary so to do by said commission to purchase any such securities in order to protect the best interests of the state insurance fund.

      Sec. 93.  The commission may reinsure any risk, or any part thereof and arrange for such other reinsurance as, in its opinion, will properly protect the state insurance fund and the accident benefit fund.


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

ê1947 Statutes of Nevada, Page 603 (Chapter 168, SB 3)ê

 

its opinion, will properly protect the state insurance fund and the accident benefit fund.

      Sec. 94.  It shall be the duty of the industrial commission board, provided for by section 39 of this act, annually, or as often as they may deem necessary, to make an audit of all books of accounts and records, and of funds and securities of the commission, and said industrial board is authorized to employ and fix the compensation of a competent accountant for the purpose of making such audit or audits, the expenses thereof to be paid out of the state insurance fund.

      Sec. 95.  If the provisions of section 77 of this act for the creation of a state insurance fund and an accident benefit fund, or the provisions of this act making the compensation to the workman provided in it exclusive of any other remedy on the part of the workman, shall be held invalid, the entire act shall be thereby invalidated, except the provisions of section 98, and an accounting according to the justice of the case shall be had on moneys received. In other respects an adjudication of invalidity of any part of this act shall not affect the validity of the act as a whole or any part thereof.

      Sec. 96.  It is hereby expressly provided that in the event any section of this act, except as otherwise provided, shall be held by any court to be void or inoperative for any cause, such holding shall not affect any other section or provisions contained in this act.

      Sec. 97.  If the provisions of this act relative to compensation for injuries to or death of workmen become invalid because of any adjudication, or be repealed, the period intervening between the occurrence of an injury or death, not previously compensated for under this act by lump payment or completed monthly payments, and such repeal or the rendition of the final adjudication of the validity shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death; provided, that such action be commenced within one year after such repeal or adjudication; but in any such action any sum paid out of the state insurance fund or the accident benefit fund by reason of injury to a workman by whom, or by whose dependents, the action is prosecuted, shall be taken into account or disposed of as follows: If the defendant employer shall have paid without delinquency into the state insurance fund and the accident benefit fund the premiums provided for by section 77, or furnished accident benefits pursuant to paragraph (e) of section 58, any such sums shall be credited upon the recovery as payment thereon, otherwise the sum shall not be so credited.

      Sec. 98.  If this act shall be hereafter repealed, all moneys which are in the state insurance fund or the accident benefit fund at the time of repeal shall be subject to such disposition as may be provided by the legislature, and in default of such legislative provision distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing.

 

Audit of books, etc.

 

 

 

 

 

Act invalidated, when

 

 

 

Exception

 

 

Section of act void, effect of

 

 

Act adjudicated invalid, effect of upon statutes of limitation

 

 

 

 

 

 

 

 

 

 

 

 

Act repealed, disposition of moneys


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

ê1947 Statutes of Nevada, Page 604 (Chapter 168, SB 3)ê

 

 

 

 

 

Prior acts of commission continued in effect

 

 

 

 

Certain act repealed

 

 

 

 

 

 

 

Saving clause

 

 

 

 

Effective date

fund at the time of repeal shall be subject to such disposition as may be provided by the legislature, and in default of such legislative provision distribution thereof shall be in accordance with the justice of the matter, due regard being had to obligations of compensation incurred and existing.

      Sec. 99.  All premiums, contributions, penalties, moneys, properties, securities, funds, deposits, contracts, and awards received, collected, acquired, established, or made by the Nevada industrial commission heretofore and prior to the effective date of this act and under and by virtue of that certain act in section 100 of this act referred to and therein repealed, shall continue in full force and effect, and the rights, obligations, and liabilities of the Nevada industrial commission thereunder shall be assumed and performed by the commission in this act created.

      Sec. 100.  An act entitled,“An act relating to the compensation of injured workmen in the industries of this state and the compensation to their dependents where such injuries result in death, creating an industrial insurance commission, providing for the creation and disbursement of funds for the compensation and care of workmen injured in the course of employment, and defining and regulating the liability of employers to their employees; and repealing all acts and parts of acts in conflict with this act,” approved March 15, 1913, and all acts amendatory thereof or supplemental thereto and also all acts or parts of acts in conflict with this act, are hereby repealed, except as to any claims or actions pending or causes of action existing on June 30, 1947, but as respects such claims, actions pending, or causes of action, all proceedings shall be had and rights determined under said act of March 15, 1913, and acts amendatory and supplemental thereto. No act repealed by said act of March 15, 1913, shall be revived by this repeal of said act of March 15, 1913.

      Sec. 101.  This act shall be effective July 1, 1947.

 

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ê1947 Statutes of Nevada, Page 605ê

CHAPTER 169, SB 96

[Senate Substitute for Senate Bill No. 69–Senators Wiley, Schuman. McGuirk, and Baker]

 

Chap. 169–An act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, as amended.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 55 of the act mentioned in the title of this act, being section 6462 Nevada Compiled Laws 1929, is hereby further amended so as to read as follows:

      Section 55.  It shall be the duty of the treasurer of the several counties of this state to take certificates to be issued to them under the provisions of section 39 of this act. When the time allowed by law for redemption shall have expired, and no redemption shall have been made, the officer who issued such certificate shall execute and deliver to such treasurer a deed of the property described in each respective certificate in trust as aforesaid for the use and benefit of the state and county and any officers having fees due them in such cases; and such treasurer, and his successors in office, upon obtaining a deed of any property, in trust as aforesaid, under the provisions of this act, shall hold such property in trust until the same is sold, pursuant to the provisions of this act.

      Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this act may be sold and conveyed in the manner hereinafter prescribed.

      1.  The board of county commissioners of the county may make an order to be entered on the record of its proceedings directing the county treasurer to sell the property particularly described therein after giving notice of sale in the same manner as is provided by law for the sale of such property having an assessed valuation less than five hundred ($500) dollars, for a total amount not less than the amount of the taxes, costs, penalties, and interest legally chargeable against such property, as stated in the order, and upon compliance with such order said officer shall make, execute, and deliver to any purchaser upon payment to him, as trustee as aforesaid, of a consideration not less than that specified in the order, an absolute deed, discharged of any trust of the property mentioned in such order. Before delivering any such deed, it is hereby made the duty of such treasurer to record same at the expense of the purchaser. All such deeds whether heretofore or hereafter issued are primary evidence of the regularity of all proceedings relating to the order of the county commissioners, notice of sale, and sale of said property; but no such deed shall hereafter be executed and delivered by said treasurer until he shall have filed at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of notice of sale as the case may be, together with his return of sale, duly verified, showing compliance with the order of the commissioners, which said return shall constitute primary evidence of the facts recited therein.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty of treasurer to take certificates; deed delivered to treasurer, when

 

 

Treasurer to hold property

 

 

 

 

 

Property may be sold on order of commissioners; procedure; deed executed


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ê1947 Statutes of Nevada, Page 606 (Chapter 169, SB 96)ê

 

Property may be sold on order of commissioners; procedure; deed executed

 

 

 

 

 

 

 

 

 

 

 

 

 

Property held by treasurer assessed

of the regularity of all proceedings relating to the order of the county commissioners, notice of sale, and sale of said property; but no such deed shall hereafter be executed and delivered by said treasurer until he shall have filed at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of notice of sale as the case may be, together with his return of sale, duly verified, showing compliance with the order of the commissioners, which said return shall constitute primary evidence of the facts recited therein. If such deed when regularly issued be not recorded in the office of the county recorder, such deed, and all proceedings relating thereto, shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same property, or any portion thereof, when his own conveyance shall be first duly recorded. The county commissioners shall provide said clerk with a record book in which shall be indexed the name of each purchaser, together with the date of sale, a description of the property sold, a reference to the book and page of the minutes of the county commissioners where the order of sale is recorded, and the file number of the affidavits and return.

      Sec. 2.  Section 58 of the act mentioned in the title of this act, being section 6465 Nevada Compiled Laws 1929, is hereby amended so as to read as follows:

      Section 58.  During the time such county treasurer holds certificates for any property under the provisions of this act and until the expiration of the period of redemption limited therein, it shall be annually assessed to such treasurer, and his successors in office, in the same manner that the taxable property of private persons is assessed, except that such assessment shall express that it is made against him as a trustee. But no proceedings shall be taken to enforce the collection of such taxes against the trustee. When the property is sold or rented for sufficient to pay the taxes and costs legally chargeable against such property, then the same shall be, by the trustee, fully paid.

 

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ê1947 Statutes of Nevada, Page 607ê

CHAPTER 170, SB 58

[Senate Bill No. 85–Senator Baker]

 

Chap. 170–An Act to amend the title and an act entitled “An act authorizing clerks for justice courts in townships having fifteen thousand or more population, fixing the duties of said clerks, and other matters relative thereto,” approved March 25, 1939.

 

[Approved March 27, 1947]

 

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 authorizing clerks for justice courts in townships having eight thousand or more population, fixing the duties of said clerks, and other matters relative thereto,

      Sec. 2.  Section 1 of the above-entitled act, being section 8475.20 N. C. L. 1941 Supplement, is hereby amended to read as follows:

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title amendment

 

 

 

Justice courts, clerks for

 

 

 

 

 

 

 

 

 

 

 

 

 

In effect

 

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ê1947 Statutes of Nevada, Page 608ê

CHAPTER 171, SB 131

 

 

 

 

 

 

 

 

 

 

 

Lease of lands authorized

 

 

Description

 

 

 

 

 

 

 

 

 

In effect

[Senate Bill No. 131–Senator Lattin]

 

Chap. 171–An Act to authorize the board of county commissioners of Churchill County to lease, for an indefinite period, certain lands situate in said county to the Nevada state fish and game commission.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The provisions of any other law notwithstanding the board of county commissioners of Churchill County are hereby authorized to lease, for an indefinite period, to the Nevada state fish and game commission for public hunting purposes any lands owned by Churchill County and situate in:

      Township 20 North, Range 30 East, M. D. B. & M.

      Township 20 North, Range 31 East, M. D. B. & M.

      Township 21 North, Range 30 East, M. D. B. & M.

      Township 21 North, Range 31 East, M. D. B. & M.

      Township 21 North, Range 32 East, M. D. B. & M.

      Township 21 North, Range 33 East, M. D. B. & M.

      Township 22 North, Range 30 East, M. D. B. & M.

      Township 22 North, Range 31 East, M. D. B. & M.

      Township 22 North, Range 32 East, M. D. B. & M.

      Township 22 North, Range 33 East, M. D. B. & M.

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

 

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CHAPTER 172, SB 711

 

 

 

 

 

 

Preamble

[Senate Bill No. 117–Committee on Finance]