[Rev. 6/2/2018 8:28:50 AM]

Link to Page 648

 

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ê1947 Statutes of Nevada, Page 649 (Chapter 187, AB 151)ê

 

labeled or sold as whisky, unless the same be straight whisky or blends of straight whiskies aged in charred oak containers for two (2) or more years after distillation and before bottling, nor a blended whisky unless the same contain not less than twenty percent (20%) of straight whisky or whiskies aged in charred oak containers for two (2) or more years after distillation and before bottling, blended with neutral spirits; provided, that nothing in this paragraph shall apply to imported Scotch, Irish, or Canadian whisky.

      The commission shall by regulation prescribe the form of and conditions for obtaining a permissible person’s certificate which shall be printed and distributed on request to any person or representative of any institution, school, hospital, church, desiring to import liquor for industrial, medical, scientific, or sacramental purposes. Shipments to permissible persons shall be subject to the regulations mentioned in this section respecting certificates of compliance.

      Sec. 7.  Section 14b of the above-entitled act, being section 3690.14b N. C. L. 1931-1941 Supplement, as added by chapter 216, Statutes of Nevada 1945, page 376, is hereby amended to read as follows:

      Section 14.2.  The commission, its agents, and all peace officers and revenue collecting officers of this state shall have the right of visitation and inspection of any vehicle or place where they may have reason to believe liquor is stored, warehoused, or kept for sale, or which might be in transit on or in other than common, contract, or permitted carriers, in order to obtain evidence of any violation of this act. Such visitation and inspection shall be conducted during business hours and no domicile shall be searched except by virtue of a search warrant. All persons obtaining liquor under any permit, and all retail liquor dealers, shall preserve for inspection by the commission and its agents for a period of two years all invoices and lists of liquors purchased or received, specifying kind and quantity of liquor, names of persons from whom received, place and date. Whenever a vehicle, other than a common or contract carrier is stopped, they shall be required to exhibit their permit of conveyance, and if they have none shall be dealt with according to law or the rules and regulations of the Nevada tax commission.

      Sec. 8.  Section 18 of the above-entitled act, being section 3690.18, N. C. L. 1931-1941 Supplement, as amended by chapter 216, Statutes of Nevada 1945, page 378, is further amended to read as follows:

      Section 18.  The commission shall make rules and provide forms for distribution free of charge to all persons qualified as importers of liquor to be filled out by exporters and carriers of liquor consigned to points in this state as evidence for consideration respecting the legality of such transactions.

Certain whiskies not to be imported

 

 

 

 

 

Permissible persons certificate

 

 

 

 

 

 

 

Right of inspection of vehicles and premises

 

 

 

 

Preservation of invoices

 

 

 

Exhibition of permits

 

 

 

 

 

 

Forms for exporters and carriers


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ê1947 Statutes of Nevada, Page 650 (Chapter 187, AB 151)ê

 

Duties of carriers

 

 

 

 

 

 

 

 

 

 

 

 

Authorized carriers of liquor

Penalty

 

Disposition of shipments by unauthorized carrier

 

 

Special permits

      Every common carrier by special permit shall have with his or its agent or servant in immediate charge, or in the records of the carrier, of every shipment of liquor into this state, a statement or freight bill showing the names of consignor, consignee, and carrier, the date when and place where the shipment was received, the destination, the number identifying the railroad car, truck, or other conveyance used, and the quantity and kind of liquor in the shipment as the case may be according to the designation of kind and quantity of liquor appearing on the shipment. The commission may make rules requiring the carrier to cause the consignee to sign a statement or a postcard, which statement or postcard shall be furnished by the commission to the carrier without expense, for receipt of each such shipment before the carrier permits the consignee to remove any such shipment from the point of destination or possession of the carrier, and to cause the carrier to forward such statement or postcard to the commission after having been so signed by the consignee. No liquor shall be imported into this state except by common carrier, contract carrier regularly operating as such, or carrier having a special permit so to do in the case of each shipment. Any person violating any of the provisions of this section or any of the rules made by the commission in respect thereto shall, on conviction, be punished as for a misdemeanor. In addition, any shipment of liquor transported into or within Nevada by an unauthorized carrier shall be confiscated and sold at auction to the highest bidder among the licensed importers in this state. If there is no such bidder, the liquor shall be either destroyed or disposed of as the commission may see fit. The proceeds of all such sales shall be classed as revenues derived from this act. The commission may by special permit authorize the transportation of liquor within this state by means of a conveyance owned and operated by a licensed importer, or a conveyance owned and operated by another, not being a common carrier or a regularly operating contract carrier, and as a condition of such permit may require that a sign be carried on such conveyance in letters at least three inches high, stating that such conveyance is carrying wholesale liquor by special permit. Such carriers by special permit shall be governed by the same rules, as to reports respecting and deliveries of import liquors, as in the case of common carriers and regularly operating contract carriers.

      Sec. 9.  Section 19 of the above-entitled act, being section 3690.19 N. C. L. 1931-1941 Supplement, as amended by chapter 216, Statutes of Nevada 1945, page 379, is further amended to read as follows:

      Section 19.  (a) All licensed importers and manufacturers of liquor in this state shall, for the privilege of importing, possessing, storing, or selling liquors, pay the excise tax herein imposed and established.


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ê1947 Statutes of Nevada, Page 651 (Chapter 187, AB 151)ê

 

of liquor in this state shall, for the privilege of importing, possessing, storing, or selling liquors, pay the excise tax herein imposed and established. If, after such tax is paid on any such liquor, satisfactory evidence is presented to the commission that not less than thirty-five (35%) percent of such imports have been actually exported and sold outside this state not in conflict with the law of the place of sale, the commission shall direct that a refund or credit of not more than thirty-five (35%) percent of the tax so paid shall be made to the taxpayer. The taxpayer shall report all such exports and report all such imports, and pay the tax on such imports, monthly, on forms and subject to regulations prescribed by the commission.

      (b) The commission shall make rules and regulations for determining the type and quantity of liquor actually imported and received by the importer and actually used by the importer, so as to relieve the importer from taxation on any shipments lost, stolen, or damaged in transit, and may require all claims in connection therewith to be sworn to and make ratable tax adjustments, credits, or refunds in the premises to effectuate the purpose of this act.

      It is hereby declared to be the intent of this act that no excise tax shall be imposed on liquor sold to permissible persons as herein defined, and the commission in computing the excise tax to be paid on liquor shall make rules for refunds or credits to be allowed to any importer making a satisfactory showing therefor.

      (c) An excise tax is hereby levied and shall be collected respecting all liquor and upon the privilege of importing, possessing, storing, or selling liquor, according to the following rates and classifications:

      On liquor containing more than twenty-two (22%) percent of alcohol by volume, 80 cents per wine gallon or proportionate part thereof.

      On liquor containing more than fourteen (14%) percent and including twenty-two (22%) percent of alcohol by volume, 25 cents per wine gallon or proportionate part thereof.

      On liquor containing more than one-half of one (1/2%) percent and including fourteen (14%) percent of alcohol by volume, 15 cents per wine gallon or proportionate part thereof.

      On all malt beverage liquor brewed or fermented and bottled in or outside this state, 3 cents per gallon.

      (d) Each licensed importer shall furnish a bond to the State of Nevada conditioned for the payment of all excise taxes due or to become due from him under the provisions of this act in a principal sum as the greatest excise tax paid by him in any quarter of the preceding year, or if such standard be not available, then in a sum required from a licensee operating under conditions deemed comparable by the commission, but in no case less than one thousand dollars.

Excise tax

 

Refund of tax, when

 

 

 

 

 

 

Rules re type of liquor

 

 

 

 

 

Permissible persons not to pay tax

 

 

Rates and classifications

 

 

 

 

 

 

 

 

 

 

 

Licensed importer’s bond


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ê1947 Statutes of Nevada, Page 652 (Chapter 187, AB 151)ê

 

Licensed importer’s bond

 

 

 

 

 

 

 

 

Form of reports, rules for

 

 

 

 

 

Importer’s privilege to export liquor granted, when

 

 

Credit on excise tax

 

 

 

 

 

 

 

Duties of importers and wholesalers

standard be not available, then in a sum required from a licensee operating under conditions deemed comparable by the commission, but in no case less than one thousand dollars. The commission on application and a satisfactory showing therefor may from time to time increase or decrease the amount of bond required, having consideration for the amount of importations made by the importer. The bond or undertaking shall be acceptable to and approved by the commission, and a deposit of cash or negotiable United States government bonds may be accepted in lieu of an undertaking. The commission shall deposit all bonds and deposits with the state treasurer as custodian thereof.

      (e) The commission shall make all necessary and convenient rules prescribing the form of reports and claims made by taxpayers; the time for making such reports and settlements thereon, and including rules respecting permissible persons as well as other importers.

      Sec. 10.  The above-entitled act is further amended by adding thereto a new section to be known as 19.1, which shall immediately follow section 19, and which section 19.1 shall read as follows:

      Section 19.1.  Whenever, after July 1, 1947, and before December 31, 1947, an importer desires to export liquors which he has imported, the salability of which has been impaired by competition in respect of changing prevailing standards of price and quality, and he presents a verified application to the commission for that privilege, the commission shall grant such privilege if it be satisfied that the application is true. Thereafter, if the applicant furnishes proof of the exportation of such liquor and of the excise taxes which he paid on the same when he imported them, the commission shall issue to him a credit memorandum or coupons good to their face value for the payment of excise taxes on liquors imported not later than December 31, 1947.

      Importers desiring to export liquors may proceed under subdivision (2) of section 19 of this act, or under this section 19.1, but not under both.

      Sec. 11.  Section 23 of the above-entitled act, being section 3690.23 N. C. L. 1931-1941 Supplement, as amended by chapter 216, Statutes of Nevada 1945, page 381, is further amended to read as follows:

      Section 23.  Each importer and wholesaler of liquor shall keep on hand at a fixed place of business in Nevada, at all times, liquor of a wholesale value of at least one thousand ($1,000) dollars, and shall also keep therein a record in such form as may be recommended by the commission of all liquor received into the State of Nevada, together with copies of invoices and a monthly inventory of all liquor on hand on the last day of each month, if requested to do so by the Nevada tax commission.


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ê1947 Statutes of Nevada, Page 653 (Chapter 187, AB 151)ê

 

hand on the last day of each month, if requested to do so by the Nevada tax commission. All such liquor, papers, and records shall be exhibited at any time during business hours, on demand, to the commission or its agents.

      Any person preventing, or interfering with such inspection, shall, upon conviction thereof, be punished as for a misdemeanor.

 

 

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CHAPTER 188, AB 682

[Assembly Bill No. 286–Committee on Legislative Functions]

 

Chap. 188–An Act to create a legislative fund.

 

[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 appropriation made, and for the purpose of paying the mileage and the per diem of members of the present legislature, the salaries of the attaches and the incidental expenses of the respective houses thereof, the state treasurer is hereby authorized and required to set apart, from any moneys now in the general fund not otherwise especially appropriated, the sum of six thousand ($6,000) dollars, which shall constitute the legislative fund.

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

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

 

 

 

 

 

 

 

 

 

Additional appropriation for legislative fund

 

 

 

Duties of controller and treasurer

 

 

 

In effect

 

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CHAPTER 189, AB 021

[Assembly Bill No. 120–Messrs. Norstrom, Smith, Folsom, and Clark County Delegation]

 

Chap. 189–An Act reapportioning senators and assemblymen of the several counties to the legislature of the State of Nevada, establishing assembly districts in certain counties of the state, and providing for the election therefrom of members of the assembly.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The apportionment of senators and assemblymen in the several counties of this state shall be as follows:

 


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ê1947 Statutes of Nevada, Page 654 (Chapter 189, AB 021)ê

 

Apportionment of senators and assemblymen

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Clark County assembly districts defined

 

 

 

 

 

 

Washoe County assembly districts defined

      Churchill County, one senator and two assemblymen;

      Clark County, one senator and six assemblymen;

      Douglas County, one senator and one assemblyman;

      Elko County, one senator and four assemblymen;

      Esmeralda County, one senator and one assemblyman;

      Eureka County, one senator and one assemblyman;

      Humboldt County, one senator and two assemblymen;

      Lander County, one senator and one assemblyman;

      Lincoln County, one senator and two assemblymen;

      Lyon County, one senator and two assemblymen;

      Mineral County, one senator and two assemblymen;

      Nye County, one senator and three assemblymen;

      Ormsby County, one senator and one assemblyman;

      Pershing County, one senator and one assemblyman;

      Storey County, one senator and one assemblyman;

      Washoe County, one senator and nine assemblymen;

      White Pine County, one senator and four assemblymen;

      Sec. 2.  The county of Clark is hereby divided into three assembly districts as follows:

      All that portion of Clark County comprising the election precincts of the Nelson township and the Searchlight township as established by the county commissioners of Clark County shall be known as the assembly district No. 1, with one assemblyman to be elected at large. All that portion of Clark County comprising the election precincts of the Bunkerville township, of the Logandale township, of the Mesquite township, of the Moapa township, and of the Overton township as established by the county commissioners of Clark County shall be known as assembly district No. 3, with one assemblyman to be elected at large. All the remaining portion of Clark County, Nevada, shall be known as assembly district No. 2 with four assemblymen to be elected at large.

      Sec. 3.  The county of Washoe is hereby divided into three assembly districts, as follows: All that portion of Washoe County lying north of Reno, and including the voting precinct of Wadsworth, shall be known as assembly district No. 1, with one assemblyman to be elected at large. Voting precincts of Sparks, as established by the county commissioners of Washoe County, shall be known as assembly district No. 2, with two assemblymen to be elected at large. All that portion of Washoe County known as the voting precincts of Reno and Verdi, and all that portion of the county of Washoe south of the city of Reno, shall be known as assembly district No. 3, with seven assemblymen to be elected at large. At each election held hereafter at which assemblymen are to be elected, or nominated for election, from said county, there shall be elected or nominated by the qualified electors of assembly district No. 1, one assemblyman at large; assembly district No. 2, two assemblymen at large; assembly district No.


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ê1947 Statutes of Nevada, Page 655 (Chapter 189, AB 021)ê

 

No. 3, six assemblymen at large. The county commissioners of Washoe County shall, prior to all elections and as provided by law, establish the polling places within said county in such manner that each and every polling place for all elections at which any assemblymen are to be elected, or nominated for election, shall be wholly within some one of said assembly districts, and any establishment of a polling place for any such election which lies partly in two or more assembly districts shall be wholly null and void.

      Sec. 4.  Nothing in this act shall be so construed as to affect the term of office of senators and assemblymen now in office.

      Sec. 5.  All acts or parts of acts insofar as the provisions thereof conflict with the provisions of this act are hereby repealed.

Duty of county commissioners

 

 

 

 

 

Noneffect of act

 

Repeal

 

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CHAPTER 190, AB 732

[Assembly Bill No. 237–Committee on Publicity]

 

Chap. 190–An Act to amend an act entitled “An act creating a commission in the State of Nevada to be known as the state board of publicity, providing for the membership thereof, defining the powers and duties thereof, making an appropriation therefor, and other matters properly relating thereto,” approved March 26, 1937.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of the above-entitled act, being sec. 270.04 N. C. L. 1931-1941 Supplement, is hereby amended to read as follows:

      Section 4.  For the purpose of carrying out the provisions of this act there is hereby appropriated the sum of five thousand ($5,000) dollars out of any funds in the treasury of the State of Nevada not otherwise especially appropriated, into a fund to be known as the “State of Nevada Publicity Fund,” five thousand ($5,000) dollars of which is to be used for the purpose of establishing and maintaining an exhibit for the State of Nevada at the Utah Centennial Exhibition to be held June 2 to September 15, 1947, and all claims approved by the board hereby created shall be paid out of said fund in the same manner as other claims are paid in the State of Nevada.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appropriation; exhibit at Utah centennial exhibition

 

 

 

 

 

In effect

 

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ê1947 Statutes of Nevada, Page 656ê

CHAPTER 191, AB 012

 

 

 

 

 

 

 

 

 

 

 

 

Creation of board

 

 

Members of industry show board; qualifications; term of office

 

Travel expense allowed

 

 

 

Organization and officers of board

 

 

 

 

 

Industrial show at Ely

 

 

 

Powers of board

[Assembly Bill No. 210–White Pine County Delegation]

 

Chap. 191–An Act to encourage and promote mining and industry in the State of Nevada; to create a Nevada state fair of industry show board, and to provide for a state industrial show; making an appropriation therefor; 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.  There is hereby created the Nevada state fair of industry show board.

      Sec. 2.  Within thirty days after the passage and approval of this act the governor shall appoint three citizens of the State of Nevada, all of whom shall be citizens and residents of the county of White Pine, State of Nevada, as members of the Nevada state fair of industry show board. Said board shall hold office for the term of four years and until their successors are appointed and qualified. Vacancies occurring from any cause in the board shall be filled by appointment of the governor for the unexpired term of the office vacated. The members of said board shall serve without compensation, but shall be allowed their necessary traveling expenses and living expenses while engaged in the work of said board away from their respective places of residence.

      Sec. 3.  Within ten days after their appointment the persons so appointed shall qualify as required by the constitution, and shall meet and organize by the election of one of their members as president, one of their members as vice president, and one member as secretary-treasurer. The board may also, if it seems advisable, appoint a secretary-treasurer, or secretary, or treasurer, not of its number, who shall hold office at the discretion of the board. The president, vice president, and secretary-treasurer (other than the appointive secretary-treasurer) shall hold office for the term of one year.

      Sec. 4.  The Nevada state fair of industry show board shall hold a state industrial show at Ely, Nevada, in connection with the White Pine county fair. It shall have the possession and care of all of the property of the said Nevada state industrial show and be intrusted with the direction of its entire business and financial affairs. It shall have the power to appoint employees, define their duties, fix their compensation and bonds, if any, adopt bylaws, rules, and regulations for the government of said industrial show for all exhibitions, and shall have power and authority to acquire real and personal property, buildings, and improvements.

      Sec. 5.  The board shall have power to appoint all necessary marshals and police to keep order and preserve peace at the shows, and the officers so appointed shall be vested with the same authority for the preservation of order and peace on the grounds and in the buildings and upon the approaches thereto that executive peace officers are vested with by law.


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ê1947 Statutes of Nevada, Page 657 (Chapter 191, AB 012)ê

 

marshals and police to keep order and preserve peace at the shows, and the officers so appointed shall be vested with the same authority for the preservation of order and peace on the grounds and in the buildings and upon the approaches thereto that executive peace officers are vested with by law.

      Sec. 6.  Said board shall use all suitable means to collect and disseminate information calculated to educate and benefit industry, agriculture, and livestock within the State of Nevada, and shall, on or before the first day of February of each year succeeding each show, report to the governor a full and detailed account of its transactions, and also a full financial statement of all funds received and disbursed.

      Sec. 7.  The superintendent of state printing shall each year print and bind four hundred volumes of said report and deliver the same to said board for distribution and exchange. He shall also do such job printing as said board may require to carry out the provisions of this act.

      Sec. 8.  The sum of one thousand five hundred ($1,500) dollars annually for each of the years 1947 and 1948 is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise specifically appropriated, to aid the Nevada state fair of industry show board in holding industrial shows at Ely, Nevada; provided, that if no industrial show be held in either such years, the sums so appropriated shall revert to the general fund.

      Sec. 9.  It shall be proper and lawful for the Nevada state fair of industry show board to cooperate with the White Pine County agricultural association in the holding of the White Pine County fair and with any other agricultural association of the State of Nevada in holding said show of industry.

      Sec. 10.  Said board is hereby authorized to accept deeds, bills of sale, gifts and grants of property for the purposes herein provided.

      Sec. 11.  All acts and parts of acts in conflict herewith are hereby repealed.

      Sec. 12.  This act shall take effect and be in force from and after its passage and approval.

Additional powers

 

 

 

Board to disseminate information

 

 

 

Duties of state printer

 

 

 

Appropriation

 

 

Reversion, when

 

 

 

Cooperation with agricultural association

 

Deeds, gifts, etc.

 

Repeal

In effect

 

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ê1947 Statutes of Nevada, Page 658ê

CHAPTER 192, SB 49

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Words defined

 

 

 

 

Wholesale dealer’s license

 

Duty of state printer

 

 

 

Application for license, form, contents

 

 

 

 

 

Licensee must maintain place of business

[Senate Substitute for Assembly Bill No. 94–Mr. Capurro]

 

Chap. 192–An Act to provide revenue for the support of the government of the State of Nevada; to control, license, and regulate the sale of cigarettes into and within the State of Nevada; to provide for the issuance of wholesalers’ licenses; to impose a stamp tax on the sale of cigarettes, to provide for state licenses, designating the type of license to be issued, the fee for such licenses, and persons to pay the same; the manner of collection thereof, and prescribing the duties to be performed by state and county officials in connection therewith; the disposition and apportionment of the funds derived therefrom; and all other matters properly relating thereto; to provide penalties for the violation thereof, and to repeal all acts or parts of acts in conflict herewith.

 

[Approved March 27, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The word “cigarette” as used in this act means all rolled tobacco or substitute therefor wrapped in paper or any substitute other than tobacco. The word “person” means one or more people, a corporation, or a partnership. The word “consumer” means a person who comes into possession of cigarettes for the purpose of consuming them in any way other than by sale, barter, or exchange.

      Sec. 2.  (a) No person shall engage in business as a wholesale dealer of cigarettes in the State of Nevada unless he first secure a wholesale cigarette dealer’s license from the State of Nevada as hereinafter provided.

      Sec. 3.  The state printer shall design a suitable stamp for the purpose of this act and which shall contain the words “Nevada Cigarette Revenue Stamp,” and he shall from time to time print so many thereof as may be required by the Nevada tax commission.

      Sec. 4.  Application for any of the licenses hereinabove described shall be made to the Nevada tax commission. The application shall be made on such form as the state tax commission of the State of Nevada shall prescribe, and shall include the name and address of the applicant, and if a partnership, the names and addresses of all partners, and if a corporation, association, or other organization, the names and addresses of the president, vice president, secretary, and managing officer or officers, and shall specify the location by street and number of the premises in respect to which the license is sought. Each applicant for a wholesale cigarette dealer’s license shall establish and maintain a place of business in the State of Nevada, and must keep on hand therein at all times merchandise of a wholesale value of at least one thousand ($1,000) dollars.


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ê1947 Statutes of Nevada, Page 659 (Chapter 192, SB 49)ê

 

at all times merchandise of a wholesale value of at least one thousand ($1,000) dollars. Each application shall be accompanied by the annual license fee hereinafter required for the particular license for which application is made.

      Sec. 5.  Every license issued under this act shall set forth the name of the person to whom it is issued. If the license is issued under a fictitious name, such license shall set forth, in addition to said name, the name or names of each of the persons conducting the business under the fictitious name. The license shall also specify the location by street and number of the premises in respect to which the license is issued.

      Sec. 6.  Each license shall be signed by the licensee, shall be nontransferable, and shall be posted in a conspicuous place in the premises in respect to which it was issued.

      Sec. 7.  The following is a schedule of fees to be charged for the licenses hereinabove described: Wholesale cigarette license, $150. License fees shall be due and payable on the first day of January of each year. If not paid by the fifteenth day of January of each year the license shall be automatically canceled. Applications canceled for nonpayment of annual license charges may be renewed at any time by the payment of the same, plus a five percent (5%) penalty thereon. If any license is issued at any time during the year other than on the first day of January, except delinquent licenses, the licensee shall pay a proportionate part of the annual fee for the remainder of the year, which in any event, shall not be less than twenty-five (25%) percent of the annual rate.

      Sec. 8.  No person shall sell or offer to sell any cigarettes in the State of Nevada unless there be affixed to each of the packages, packets, or containers, adhesive Nevada cigarette revenue stamps or a similar stamp affixed by a metered stamping machine approved by and registered with the Nevada tax commission, and the use of which shall be subject to rules and regulations as prescribed by said commission, in the following denominations: In packages containing twenty (20) cigarettes or less, two (2¢) cents per package; in packages containing over twenty (20) and not exceeding thirty (30) cigarettes, three (3¢) cents per package; in packages containing over thirty (30) and not exceeding forty (40) cigarettes, four (4¢) cents per package; in packages containing over forty (40) and not exceeding fifty (50) cigarettes, five (5¢) cents per package; and two (2¢) cents additional for each twenty (20) cigarettes or fraction thereof contained in any package. From and after July 1, 1947, following the operation of this act, dealers with stock on hand shall apply to the sheriff of the proper county for the number and kind of stamps necessary to stamp the stock then on hand.

 

Fee required

 

License, contents of

 

 

 

 

License not transferable

 

 

License fee; payable, when

 

 

Cancellation and renewal; proportionate fee, when

 

 

 

Cigarette revenue stamps affixed to package

 

 

Denomination of stamps

 

 

 

 

 

Dealers to obtain stamps, when


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ê1947 Statutes of Nevada, Page 660 (Chapter 192, SB 49)ê

 

 

 

 

Rights of wholesale dealers

 

Cigarettes subject to property tax

City license

 

 

Duties of tax commission

 

 

Sheriffs; agents of commission

 

Duties of sheriff and county treasurer

 

Allocation of revenue for administration

 

 

 

 

 

 

Discount allowed wholesaler, when

 

 

U. S. tax stamp must be affixed

the number and kind of stamps necessary to stamp the stock then on hand. Each dealer shall affix to the package Nevada revenue stamps as required by this act; thereafter, none but licensed wholesalers may buy any stamps.

      Sec. 9.  Wholesale dealers’ licenses shall permit the holders thereof to sell cigarettes at any place within the State of Nevada to retail dealers, or other licensed wholesalers. Upon payment of the stamp tax herein provided, cigarettes shall not be subject to any further tax except a general personal property tax levied by the State of Nevada or any city, town, or county therein. Nothing in this act shall prohibit any city, town, or county in the State of Nevada from requiring licenses before a person engages in business as a seller or importer of cigarettes, nor be construed to repeal the provisions of 6665 N. C. L. 1929.

      Sec. 10.  The state tax commission of the State of Nevada is hereby authorized to obtain and issue all licenses and to have printed and sell the stamps herein provided, upon receiving payment therefor, to any person in the State of Nevada duly authorized as a wholesaler as defined by the terms of this act. The state tax commission of the State of Nevada is further authorized to appoint the sheriff of each county of the State of Nevada to act as its agent in the sale of said stamps, and the said sheriffs are hereby required to serve as such agents with no additional compensation, and make a return of all receipts therefrom to the county treasurer of his county immediately upon collection thereof, and the said county treasurer shall remit on the first day of each month all moneys so received to the Nevada tax commission.

      Sec. 11.  Five percent of the revenue derived from the provisions of this act, or so much thereof as may be necessary, shall be set aside by the Nevada tax commission, as collected, for the payment of the cost of administration of the provisions of this act; on June 30 of each year all unexpended funds so set aside in excess of one thousand ($1,000) dollars shall be placed in the general fund of the State of Nevada.

      Sec. 12.  The state tax commission and its agents is authorized and directed in the selling of any of the cigarette revenue stamps to any wholesaler to allow such purchaser a discount of ten (10%) percent of said purchase price for the services rendered by said wholesaler in affixing the cigarette revenue stamps to the cigarette packages.

      Sec. 13.  No Nevada cigarette revenue stamp shall be used or affixed to any such package, packet, or container unless the United States government tax stamp upon the same has been heretofore affixed. Such stamps shall be affixed firmly to the package containing the cigarettes requiring the affixing of such stamp as hereinabove provided.


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

ê1947 Statutes of Nevada, Page 661 (Chapter 192, SB 49)ê

 

of such stamp as hereinabove provided. Every wholesaler or retailer making a sale, or sales, to ultimate consumers, shall, at the time of such sale, see that each package, packet, or container has said Nevada cigarette revenue stamp or stamps properly affixed to each and every package, packet, or container.

      Sec. 14.  No stamp tax shall be required on any cigarettes exported from Nevada. Upon proof satisfactory to the Nevada tax commission credit shall be allowed for the face value of the stamp tax paid upon cigarettes exported from this state, or upon any cigarettes that are sold to the United States government for army, navy, or marine purposes and which shall be shipped from a point within this state to a place which has been lawfully ceded to the United States government for army, navy, or marine purposes, or which shall be sold to veterans’ hospitals for distribution or sale to disabled ex-servicemen interned therein.

      Sec. 15.  All moneys received by the state treasurer under the provisions of this act shall be placed in the general fund of the State of Nevada.

      Sec. 16.  Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine in a sum of not less than fifty ($50) dollars nor more than five hundred ($500) dollars, or be confined in the county jail for a period not to exceed (6) months, or by both such fine and imprisonment. The state tax commission is hereby authorized and empowered to make all necessary rules and regulations for the enforcement of this act.

      Sec. 17.  This act shall not apply to common carriers while engaged in interstate commerce which sell or furnish cigarettes on their trains, buses, or airplanes.

      Sec. 18.  The respective sheriffs within their counties and all other police officers of the State of Nevada are charged with the duty, without further compensation, of assisting in the enforcement of this act.

      Sec. 19.  If any section, clause, phrase, paragraph, or sentence of this act is for any reason held to be void or unconstitutional, such decision shall not affect the validity of the remainder of this act, and it is hereby declared that this act, and each of the sections, sentences, clauses, paragraphs, or phrases thereof, would have been passed irrespective of the fact that any one or more of such sections, paragraphs, sentences, clauses, or phrases may hereafter be declared to be void or unconstitutional.

      Sec. 20.  There is hereby appropriated the sum of one thousand ($1,000) dollars out of any funds in the general fund of the State of Nevada, not otherwise appropriated, for the purpose of carrying out the provisions of this act.

Duty of wholesaler or retailer

 

 

No stamps required and credit allowed for tax paid, when

 

 

 

 

 

Disposition of moneys

 

Penalty for violation of act

 

 

 

 

Common carriers exempted

 

Duty of peace officers

 

 

Constitutionality

 

 

 

 

Appropriation


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

ê1947 Statutes of Nevada, Page 662 (Chapter 192, SB 49)ê

 

 

 

Effective date

fund of the State of Nevada, not otherwise appropriated, for the purpose of carrying out the provisions of this act.

      Sec. 21.  This act shall be in full force and effect from and after July 1, 1947.

 

________

 

CHAPTER 193, AB 172

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pershing County salaries

County commissioners

County clerk

 

 

Deputy clerk

Sheriff

 

Deputy sheriff

 

Additional deputies

 

 

Assessor

 

Deputy assessor

County recorder

[Assembly Bill No. 271–Mr. Munk]

 

Chap. 193–An Act to amend an act entitled “An act concerning certain county officers of the county of Pershing, State of Nevada, providing for their compensation, and other matters properly relating thereto,” approved March 20, 1945, as amended.

 

[Approved March 28, 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 92, Nevada Statutes 1945, is hereby amended to read as as follows:

      Section 1.  From and after the passage and approval of this act, the officers of Pershing County, Nevada, and their deputies, shall receive the following salaries and compensations which shall be full compensation for all services rendered.

      The county commissioners shall each receive a salary of one thousand eighty dollars ($1,080) per annum, and mileage; the county clerk, as such and as ex officio county treasurer, shall receive a salary of three thousand ($3,000) dollars per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy with compensation not to exceed twenty-one hundred ($2,100) dollars per annum; the sheriff of said county shall receive three thousand ($3,000) dollars per annum, and he shall be allowed to appoint, by and with the approval of the county commissioners, one deputy who shall receive a salary of not to exceed twenty-four hundred ($2,400) dollars per annum, and he shall also have the right and authority to appoint such additional deputies as may be necessary; provided, that the compensation of each such additional deputy shall not exceed five ($5) dollars per day, such compensation to be paid by and with the approval of the board of county commissioners only; the assessor shall receive a salary of three thousand ($3,000) dollars per annum, and by and with the approval of the board of county commissioners he may appoint a deputy whose salary shall be not to exceed twenty-one hundred ($2,100) dollars per annum; the county recorder as such, and ex officio auditor, shall receive a salary of three thousand ($3,000) dollars per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy, with compensation not to exceed twenty-one hundred ($2,100) dollars per annum; the district attorney shall receive twenty-four hundred ($2,400) dollars per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, their compensation to be fixed and approved by the county commissioners, and not to exceed fifteen hundred ($1,500) dollars per annum, to be paid in like manner as other county officers are paid.


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

ê1947 Statutes of Nevada, Page 663 (Chapter 193, AB 172)ê

 

thousand ($3,000) dollars per annum, and he shall be allowed, by and with the approval of the board of county commissioners, to appoint one deputy, with compensation not to exceed twenty-one hundred ($2,100) dollars per annum; the district attorney shall receive twenty-four hundred ($2,400) dollars per annum, which shall be his compensation in full, except that he may be allowed such additional sums for necessary expenses incurred as the board of county commissioners shall authorize and approve, and he may employ, by and with the approval of the board of county commissioners, such clerks and stenographers as may be necessary, their compensation to be fixed and approved by the county commissioners, and not to exceed fifteen hundred ($1,500) dollars per annum, to be paid in like manner as other county officers are paid.

      The board of county commissioners of Pershing County is hereby authorized and directed to allow such compensation as may be necessary for the payment of such deputies and additional clerks and assistants as they may from time to time authorize in the offices of the county clerk and treasurer, county recorder and auditor, sheriff, assessor, and district attorney, respectively, and such compensation shall be allowed and paid as other claims against the county.

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

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

 

Deputy recorder

 

District attorney

 

 

 

Clerk and stenographer

 

 

 

 

Compensation for additional clerks, etc., allowed, when

 

 

Repeal

 

In effect

 

________

 

CHAPTER 194, AB 532

[Assembly Bill No. 235–Committee on Ways and Means]

 

Chap. 194–An Act making an appropriation for the support of the Nevada state employment service; creating a special fund therefor and providing for the disposition thereof; and other matters properly relating thereto.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  For the purpose of carrying out the duties and obligations of the Nevada state employment service created within the employment security department by an act of the legislature (approved March 20, 1941, as amended), there is hereby appropriated from any moneys in the state treasury not otherwise appropriated, the sum of five hundred ($500) dollars. All moneys appropriated under this act shall be placed in a fund in the state treasury and designated “Nevada state employment service special fund.”

 

 

 

 

 

 

 

 

 

 

 

Appropriation for state employment service


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

ê1947 Statutes of Nevada, Page 664 (Chapter 194, AB 532)ê

 

Prior appropriation deposited in fund

 

 

Special fund available to executive director; use of fund

 

 

 

 

Exception

 

 

 

 

Moneys deposited and disbursed, how

      Sec. 2.  All moneys heretofore appropriated by the legislature of Nevada for the use of the Nevada state employment service and unexpended as of the close of business June 30, 1947, shall also be placed in said Nevada state employment service special fund.

      Sec. 3.  All moneys which are deposited in said fund are hereby appropriated and made available to the executive director of the employment security department for the purpose of administering the Nevada state employment service under and in accordance with the provisions of the employment security administration law. These funds in addition to their use for general administrative purposes may be used to match federal funds for support and maintenance of the state system of free public employment offices as and when the congress of the United States shall so require; provided, however, said moneys shall not be expended or made available for expenditures in any manner which would permit their substitution for, or a corresponding reduction in, federal funds which would, in the absence of said moneys, be available for the administration of the employment security department of the State of Nevada.

      Sec. 4.  All moneys in this fund shall be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as provided by law for other special funds in the state treasury. Any balances in this fund shall not lapse at any time, but shall be continuously available to the executive director for expenditure consistent with this act.

 

________

 

CHAPTER 195, AB 762

 

[Assembly Bill No. 267–Nye County Delegation]

 

Chap. 195–An Act to amend the title of and to amend an act entitled “An act to fix the compensation of the members of the board of county commissioners of Nye County, Nevada, to authorize the appointment of one of their members to act as purchasing agent for Nye County and for the town of Tonopah, and to perform certain other designated duties, to fix compensation for such additional services, and other matters pertaining thereto, and to repeal all acts in conflict therewith,” approved March 9, 1937.

 

[Approved March 31, 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, being Statutes of Nevada 1937, chapter 52, page 95, is hereby amended to read as follows:


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

ê1947 Statutes of Nevada, Page 665 (Chapter 195, AB 762)ê

 

      An act to fix the compensation of the members of the board of county commissioners of Nye County, Nevada, providing for certain additional duties, to fix compensation for such additional services, and other matters pertaining thereto, and to repeal all acts in conflict herewith.

      Sec. 2.  Section 1 of the above-entitled act, being Statutes of Nevada 1937, chapter 52, page 95, is hereby amended to read as follows:

      Section 1.  The members of the board of county commissioners of Nye County, Nevada, other than the chairman of the board, shall each receive the sum of eighty ($80) dollars per month as compensation for their services as county commissioners, and twenty ($20) dollars per month as compensation for their services on the board of county commissioners while acting as a governing board for the town of Tonopah. The chairman of said board shall receive the sum of one hundred ($100) dollars per month as compensation for his services as county commissioner, and twenty-five ($25) dollars per month as compensation for his services while acting on the governing board for the town of Tonopah.

      Sec. 3.  Section 2 of the above-entitled act, being Statutes of Nevada 1937, chapter 52, page 95, is hereby repealed.

      Sec. 4.  Section 3 of the above-entitled act, being Statutes of Nevada 1937, chapter 52, page 95, is hereby repealed.

      Sec. 5.  This act shall be in full force and effect from and after July 1, 1947.

Title amendment

 

 

 

 

 

Compensation of county commissioners

 

 

 

Compensation of chairman

 

 

Certain acts repealed

 

 

 

Effective date

 

________

 

CHAPTER 196, AB 232

[Assembly Bill No. 232–Committee on Counties and County Boundaries]

 

Chap. 196–An Act to amend an act entitled “An act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under county and state licenses; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violations of the provisions thereof; and other matters properly relating thereto,” approved March 19, 1931, as amended.

 

[Approved March 31, 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, the same being section 3302.02, 1929 Nevada Compiled Laws 1941 Supp., is hereby amended to read as follows:

      Section 3.  Licenses shall be prepared by the county auditor and shall be issued and accounted for as is by law provided in respect to other county licenses.

 


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

ê1947 Statutes of Nevada, Page 666 (Chapter 196, AB 232)ê

 

County auditor to prepare and issue license; contents

 

 

 

 

License not transferable

 

 

Exception

 

 

 

No refund of license money

 

 

In effect

and shall be issued and accounted for as is by law provided in respect to other county licenses. Each license issued or delivered by the sheriff under this act to any person, firm, association or corporation shall contain the name of the licensee, and a particular description of the particular room and premises in which the licensee intends to carry on, conduct, or operate any one slot machine, game or device mentioned in section one of this act, and shall specify the particular type of slot machine, or the particular game, or the particular device, by name; any license issued under the provisions of this act shall not be transferable by the licensee to any other person, firm, association or corporation, and shall be valid only for the particular room and premises described therein, and the specified slot machine, game or device for which it is issued; provided, that nothing herein shall be deemed to forbid the issuance of a single license certificate evidencing that two or more slot machines are licensed, giving the serial number and denomination of each such machine; provided further, that such machines covered by such certificate shall be operated in substantially the same premises and location. No license money paid under this act shall be refunded, whether the slot machine, game or device for which any license was issued has voluntarily ceased or has been revoked under the provisions of this act herein provided, or for any other reason.

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

 

________

 

CHAPTER 197, AB 262

 

 

 

 

 

 

 

 

Preamble

[Assembly Bill No. 262–Committee on State Prison and Asylum]

 

Chap. 197–An Act authorizing the board of commissioners of the Nevada hospital for mental diseases to sell or otherwise dispose of certain real property in Washoe County, Nevada, and other matters properly connected therewith.

 

[Approved March 31, 1947]

 

      Whereas, The State of Nevada now owns and holds title to certain lands situate in Washoe County, Nevada, certain of which have heretofore been and now are used in connection with the Nevada hospital for mental diseases; and

      Whereas, A portion of said land consists of an isolated triangular tract of land separated from the present land used and occupied by said Nevada hospital for mental diseases by the Southern Pacific railroad right-of-way, and by reason thereof is of little or no value to the State of Nevada and/or the Nevada hospital for mental diseases so far as its use in connection with the hospital is concerned; and


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

ê1947 Statutes of Nevada, Page 667 (Chapter 197, AB 262)ê

 

      Whereas, The return of said isolated tract of land to private ownership will materially aid in the development of the area adjacent thereto; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of commissioners of the Nevada hospital for mental diseases, acting for and on behalf of the State of Nevada, is authorized and empowered, at its discretion, to sell, dispose of, or lease and convey that certain portion of land owned in connection with the Nevada hospital for mental diseases, more particularly described as being situate in the northeast one-quarter (NE 1/4) of the northwest one-quarter (NW 1/4) of section seven (7), township nineteen (19) north, range twenty (20) east, M. D. B. and M., being a triangular parcel of land situate north of the Southern Pacific railroad right-of-way and bounded on the east by the “Asylum road,” containing two and one-half (2 1/2) acres, more or less. The proceeds of the sale or lease of this tract of land shall be placed in the general fund of the state to be credited to the account of the Nevada state hospital for mental diseases.

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

 

 

 

 

 

 

Board may sell and convey certain described land

 

 

 

 

 

Disposition of proceeds

 

 

In effect

 

________

 

CHAPTER 198, AB 091

[Assembly Bill No. 190–Mr. Norstrom]

 

Chap. 198–An Act to amend an act entitled “An act to regulate the practice of pharmacy and the use and sale of poisons and drugs in the State of Nevada; providing for a state board of pharmacy, and defining its powers and duties, and fixing penalties for the violation thereof,” approved April 1, 1913.

 

[Approved March 31, 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, being chapter 286, Statutes of Nevada 1913, is hereby amended to read as follows:

      An Act to regulate the practice of pharmacy and the use and sale of poisons and drugs in the State of Nevada; exempting registered pharmacists from jury duty; providing for a state board of pharmacy, and defining its powers and duties, and fixing penalties for the violation thereof.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title amendment


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

ê1947 Statutes of Nevada, Page 668 (Chapter 198, AB 091)ê

 

 

 

Regulating use and sale of poisons and drugs

 

 

 

Registered pharmacist in charge

Exception

 

 

 

 

 

 

 

 

 

 

 

Pharmacy defined

 

 

 

 

 

 

Licentiate in pharmacy

 

 

 

Definition of and qualifications of licentiate

      Sec. 2.  Section 1 of the above-entitled act, being sec. 5040 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  From and after the passage of this act it shall be unlawful for any person to manufacture, compound, sell, or dispense any drug, poison, medicine, or chemical, or to dispense or compound any prescription of a medical practitioner, unless such person be a registered pharmacist or a registered assistant pharmacist within the meaning of this act, except as hereinafter provided. Every store, dispensary, pharmacy, laboratory, or office for the sale, dispensing, or compounding of drugs, medicines, or chemicals, or for the dispensing of prescriptions of medical practitioners shall be in charge of a registered pharmacist. A registered assistant pharmacist may be left in charge of a store, dispensary, pharmacy, laboratory, or office for the sale, dispensing, or compounding of drugs, medicines, or chemicals, or for the dispensing of prescriptions of medical practitioners only during the temporary absence of the registered pharmacist. Temporary absence, within the meaning of this act, shall be held to be only those absences which may occur during a day’s work, and when the registered pharmacist in charge shall be within immediate call, ready and able to assume the direct supervision of said pharmacy. No registered assistant shall conduct a pharmacy. Every store or shop where drugs, medicines, or chemicals are dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded, shall be deemed a “pharmacy” within the meaning of this act. Nothing herein shall be construed to prohibit the leaving in charge of a store, dispensary, pharmacy, laboratory, or office, for the sale, dispensing, or compounding of drugs, medicines, or chemicals, or for the dispensing of prescriptions, any person other than those herein mentioned; provided, however, that such person so left in charge shall not engage in the compounding of drugs, medicines, or chemicals or the preparation of prescriptions of medical practitioners.

      Sec. 3.  Section 2 of the above-entitled act, being section 5041 N. C. L. 1929, is hereby amended to read as follows:

      Section 2.  Any person in order to be a registered pharmacist must be a licentiate in pharmacy.

      Sec. 4.  Section 3 of the above-entitled act, being section 5042 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  A licentiate in pharmacy shall be a registered pharmacist and is defined to be:

      1.  A person registered in this state as such upon the passage of this act.

      2.  Any citizen of the United States of good moral character, who has graduated from a school or college of pharmacy recognized by the national association boards of pharmacy or approved by the state board of pharmacy, and who has passed a satisfactory examination before the board; provided, that any person who within seven years after January 1, 1947, file satisfactory evidence of qualifications required under the laws heretofore existing for examination as registered pharmacists, and who shall file before January 1, 1948, intention to take advantage of this provision, shall be exempt from the graduate in pharmacy requirements for entry to examination for registered pharmacists as required by this act; provided further, that the applicant for such registration qualifies by passing a satisfactory examination before the board of pharmacy within seven years after January 1, 1947.


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

ê1947 Statutes of Nevada, Page 669 (Chapter 198, AB 091)ê

 

recognized by the national association boards of pharmacy or approved by the state board of pharmacy, and who has passed a satisfactory examination before the board; provided, that any person who within seven years after January 1, 1947, file satisfactory evidence of qualifications required under the laws heretofore existing for examination as registered pharmacists, and who shall file before January 1, 1948, intention to take advantage of this provision, shall be exempt from the graduate in pharmacy requirements for entry to examination for registered pharmacists as required by this act; provided further, that the applicant for such registration qualifies by passing a satisfactory examination before the board of pharmacy within seven years after January 1, 1947. The state board of pharmacy shall adopt no rules or regulations in conflict with the provisions of section 3 of this act.

      Sec. 5.  Section 5 of the above-entitled act, being sec. 5044 N. C. L. 1929, is hereby amended to read as follows:

      Section 5.  The governor shall appoint five competent registered pharmacists, who shall have had at least ten years’ experience as registered pharmacists and actively engaged in the practice of pharmacy in the State of Nevada, residing in different parts of the state, to serve as a board of pharmacy. The members of the board shall, within thirty (30) days after their appointment, individually take and subscribe before the county clerk, in the county in which they individually reside, an oath faithfully and impartially to discharge the duties prescribed by the act. They shall hold office for the term of four (4) years, and until their successors are appointed and have qualified. In case of vacancy in the board of pharmacy the governor shall fill the same by appointing a member to serve for the remainder of the term only. The board shall organize by electing a president, secretary, and a treasurer. The secretary may or may not be a member of the board, as the board in its sound discretion shall determine. The secretary and treasurer shall each give a satisfactory bond running to the state board of pharmacy of Nevada in the sum of not less than two thousand dollars, and such greater sum as the board may from time to time require for the faithful discharge of their respective duties. The premium or cost of such bonds shall be paid out of the funds of the state board of pharmacy.

      Sec. 6.  Section 6 of the above-entitled act, being sec. 5045 N. C. L. 1929, is hereby amended to read as follows:

      Section 6.  The secretary of the board shall keep a complete record of all proceedings of the board and of all certificates issued, and shall perform such other duties as the board may from time to time require, for which services he shall receive a salary to be determined by the board. Each member of the board and the secretary shall receive his necessary expenses in attending formal meetings of the board, the same to be paid from the funds of the board.

 

 

 

Graduate pharmacy requirement, exemption of

 

 

 

 

 

 

 

Board of pharmacy created

 

 

Oath

 

Term of office

 

 

 

Organization of board

 

 

 

 

 

 

 

 

Duties of secretary


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

ê1947 Statutes of Nevada, Page 670 (Chapter 198, AB 091)ê

 

Travel expenses

 

 

 

 

 

Certificates, annual fee for renewal

 

 

 

 

 

 

 

 

 

Board to issue certain permits to general dealers

 

 

 

 

 

Remedies permitted to be sold

 

 

 

 

Fee for permit

member of the board and the secretary shall receive his necessary expenses in attending formal meetings of the board, the same to be paid from the funds of the board.

      Sec. 7.  Section 10 of the above-entitled act, being sec. 5049 N. C. L. 1929, is hereby amended to read as follows:

      Section 10.  Every registered pharmacist and every assistant registered pharmacist who desires to keep his certificate in force shall annually thereafter, beginning on the first Monday of May 1913, pay to the secretary of the board of pharmacy a registry fee, to be fixed by the board, but which in no case shall exceed three ($3) dollars per annum, for which he shall receive a renewal of said certificate. All persons in possession of certificates, issued by the state board of pharmacy, and which are in force at the time of the adoption of this act, shall, beginning on the first Monday in May 1913, and annually thereafter, pay to the secretary of the board of pharmacy a like sum for which they shall receive a renewal of said certificate. All certificates issued during the year expire on the first Monday of May next following.

      Sec. 8.  Section 18 of the above-entitled act, being sec. 5057 N. C. L. 1929, is hereby amended to read as follows:

      Section 18.  The board of pharmacy shall issue a permit to general dealers in rural districts in which the conditions, in their judgment, do not justify the employment of a registered pharmacist, which said permit shall authorize the persons or firm named therein to sell in such locality, but not elsewhere, and under such restrictions and regulations as said board may from time to time adopt, the following simple household remedies and drugs, and such others items as may be determined by the board from time to time, for the protection of the public health and welfare, in such manner and form as may be hereafter authorized by said board, as follows, to wit:

      Tincture of arnica, spirits of camphor, almond oil, distilled extract, witch-hazel, paregoric, syrup of ipecac, syrup of rhubarb, hive syrup, sweet spirits of nitre, tincture of iron, epsom salts, rochelle salts, senna leaves, carbonate of magnesia, seidlitz powders, quinine, cathartic pills, chamomile flowers, caraway seeds, chlorate of potash, moth balls, plasters, salves, peroxide of hydrogen, copperas, gum camphor, blue ointment, asafetida, saffron, anise seed, saltpeter.

      The board shall charge an annual fee of eight dollars in advance for such permit, and it shall be unlawful for any dealer to sell any drugs or ordinary household remedies without complying with the requirements of this section; provided, that the following drugs, medicines, and chemicals may be sold by grocers and dealers generally without restriction, viz:


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

ê1947 Statutes of Nevada, Page 671 (Chapter 198, AB 091)ê

 

      Glauber salts, vaseline, turpentine, condition powders, cream of tartar, carbonate of soda, bay rum, essence of Jamaica ginger, essence of peppermint, ammonia, alum, castor oil, bicarbonate of soda, chloride of lime, glycerine, witch-hazel, sheep dip, borax, sulphur, bluestone, flaxseed, insect powder, fly paper, any rat poison, squirrel poison, and gopher poison, and arsenical poison, insecticides, weedicides, and rodenticides used for orchard spraying, when prepared and sold in original and unbroken packages and if poisonous, labeled with the official poison labels, and sold in accordance with the requirements of the federal food, drug, and cosmetic act.

      Sec. 9.  Section 20 of the above-entitled act, being sec. 5059 N. C. L. 1929, is hereby amended to read as follows:

      Section 20.  The members of the board of pharmacy of this state are hereby designated and constituted agents for the enforcement of this act, herein provided for, in carrying out the provisions of this act, and for this purpose they shall have free access at all times during business hours to all places where drugs, medicine, or poisons are offered for sale.

      Sec. 10.  Section 22 of the above-entitled act, being sec. 5061 N. C. L. 1929, is hereby amended to read as follows:

      Section 22.  The board of pharmacy may employ such assistants, or inspectors, as it may deem proper to investigate violations of this act, and enforce the provisions thereof and cause prosecution for violations thereof, and shall have power and authority to employ an attorney to assist in prosecution under this act, and for any other purpose which said board may deem necessary; to fix the compensation therefor and pay the same out of the funds of the board.

      Sec. 11.  There is hereby added to the above-entitled act a new section, to be known as section 24, which shall read as follows:

      Section 24.  Every person, partnership, or corporation or association doing business as proprietor or proprietors of a place in which drugs, medicines, and poisons are retailed, or physicians’ prescriptions are compounded or dispensed shall, after satisfying the board that the same is conducted according to law, annually on or before the second day of May of each year, pay the sum of ten dollars ($10) to the secretary of the state board of pharmacy, upon which the secretary shall register said pharmacy, store, or dispensary and furnish the store manager or proprietor with a license; such license shall be transferable, but every pharmacy, drug store, or business which shall transfer said license shall pay to the secretary of the state board of pharmacy the sum of ten dollars ($10) for each such transfer.

      Sec. 12.  All acts and parts of acts in conflict herewith are hereby repealed.

Nonrestricted drugs

 

 

 

 

 

 

 

 

 

Members of board to enforce act

 

 

 

 

 

Board may employ inspectors

 

 

 

 

 

 

 

Proprietors to secure license; fee

 

 

 

 

 

 

 

Repeal

 

________

 

 


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

ê1947 Statutes of Nevada, Page 672ê

CHAPTER 199, AB 89

 

 

 

 

 

 

 

 

 

 

 

Appropriation for state welfare department

 

 

 

 

 

 

 

 

Moneys deposited in state welfare fund

Effective date

[Assembly Bill No. 98–Committee on Social Welfare]

 

Chap. 199–An Act to appropriate money for the support of the state welfare department as created by chapter 127, Statutes of Nevada 1937; providing for the expenditure of said appropriation, and other matters relating thereto.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  For carrying out the duties and obligations of the state welfare department, as created by chapter 127, 1937 Statutes of Nevada, in the performance of public welfare services of the state as provided for in said chapter 127, 1937 Statutes of Nevada, and to pay the compensation of the necessary personnel of said state welfare department as provided for in the “state welfare act,” and their necessary traveling expenses, and their subsistence, and the other necessary expenses of said department, as provided by law, for the biennium ending June 30, 1949, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of fifty-five thousand ($55,000) dollars. All moneys appropriated under this act shall be placed in the “state welfare fund” of the state treasury, and disbursements for the purposes of this act shall be made upon claims duly filed, audited, and allowed in the same manner as other moneys in the state treasury are disbursed.

      Sec. 2.  This act shall be in full force and effect from and after July 1, 1947.

 

________

 

CHAPTER 200, AB 45

 

[Assembly Bill No. 54–Messrs. Wines and Gray]

 

Chap. 200–An Act to amend an act entitled “An act to provide revenue for the support of the government of the State of Nevada, and to repeal certain acts relating thereto,” approved March 23, 1891, together with the acts amendatory thereof or supplementary thereto, as amended.

 

[Approved March 31, 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, being sections 6415-6528 N. C. L. 1929, as amended, is hereby amended to read as follows:

      “An act to provide revenue for the support of the government of the State of Nevada, providing penalties for the violation thereof, and to repeal certain acts relating thereto.”

      Sec. 2.  Section 5 of the above-entitled act, being section 6418, N.


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

ê1947 Statutes of Nevada, Page 673 (Chapter 200, AB 45)ê

 

6418, N. C. L. 1929, as amended by chapter 32, Statutes of 1945, is hereby amended as follows:

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

      First-All lands and other property owned by the state, or by the United States, not taxable because of the constitution or laws of the United States, or by any county, incorporated farm bureau, domestic, municipal corporation, irrigation, drainage, or reclamation district, town or village in this state, and all public schoolhouses, with lots appurtenant thereto, owned by any legally created school district within the state; also nonprofit private schools, with lots appurtenant thereto, and furniture and equipment; drainage ditches and canals, together with the lands which are included in the rights-of-way of such.

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

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

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

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

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

 

 

 

 

Public property exempt

 

 

 

 

 

 

 

Unpatented mines exempt; exception

 

 

 

Church property exempt; exception

 

 

 

 

Fraternal orders exempt

 

 

 

Limitation

 

Cemeteries exempt, when

Widows, orphans and blind persons exempt; limitations


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

ê1947 Statutes of Nevada, Page 674 (Chapter 200, AB 45)ê

 

 

 

 

 

 

 

 

 

Ex-servicemen’s organization; limitation

 

Servicemen and women exempt; limitation; procedure

 

 

 

 

 

 

 

 

No annual affidavits, when

 

 

 

 

Duty of assessor

allowed to anyone but actual bona fide residents of this state, and shall be allowed in but one county in this state to the same family, and the party or parties claiming such exemption shall make an affidavit before the county assessor of such residence, and that such exemption has been claimed in no other county in this state for that year; and provided further, that no exemption shall be allowed anyone the total value of whose property including community property to the extent only of his or her right or interest therein within the state exceeds six thousand dollars.

      Seventh-The real property owned and used exclusively by any post of any national organization of ex-service men or women for the legitimate purposes and customary objects of such posts; provided, that such exemption shall in no case exceed the sum of five thousand ($5,000) dollars to any one post or organization thereof. The property, including community property to the extent of his or her interest or right therein only, not to exceed the amount of one thousand ($1,000) dollars, of any person who has served, or is serving, in the army, navy, marine corps, revenue marine, or in any other branch of the armed forces of the United States in time of war, and in the event of the severance of such service has received an honorable discharge therefrom. Such exemptions shall be allowed only to claimants who shall make an affidavit annually, on or before the third Monday in August, before the county assessor to the effect that they are actual bona fide residents of the State of Nevada, that such exemption is claimed in no other county within this state, and that the total value of all property of affiant within this state including community property to the extent of his or her interest or right therein only, is less than four thousand dollars; provided, however, that persons in actual military servise shall be exempt during the period of such service from filing annual affidavits of exemption, and the county assessors are directed to continue to grant exemption to such persons on the basis of the original affidavit filed; provided further, that in case of any person who has entered the military service without having previously made and filed an affidavit of exemption, such affidavit may be made in his or her behalf during the period of such service by any person having knowledge of the facts; and provided further, that the assessors of each of the several counties of this state shall require, before allowing any veteran’s exemption pursuant to the provisions of this act, proof of status of such veteran, and for that purpose shall require production of an honorable discharge or certificate of service or certified copy thereof, or such other proof of status as may be necessary, and any person who shall make a false affidavit or produce false proof to the assessor, and as a result of such false affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, such person shall be fined in any amount not exceeding one thousand ($1,000) dollars or sentenced to not more than one (1) year in the county jail or to both such fine and imprisonment.


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

ê1947 Statutes of Nevada, Page 675 (Chapter 200, AB 45)ê

 

affidavit or false proof a tax exemption is allowed to a person not entitled to such exemption, such person shall be fined in any amount not exceeding one thousand ($1,000) dollars or sentenced to not more than one (1) year in the county jail or to both such fine and imprisonment.

      Eighth-There shall be exempt from taxation of all real property owned by any fraternity, or chapter thereof, when the same is composed of students of the University of Nevada and used as a home for its members; provided, that such exemption shall in no case exceed the sum of five thousand ($5,000) dollars to any one fraternity or chapter thereof.

      Ninth-The buildings, with their furniture and equipments, and the lots of ground on which they stand, used therewith and necessary thereto of the Young Men’s Christian Association, the Young Women’s Christian Association, the American National Red Cross and any of its chapters in the State of Nevada, the Salvation Army Corps, Girl Scouts of America, and the Boy Scouts of America; provided, that when any such property is used for other than Young Men’s Christian Association, Young Women’s Christian Association, American National Red Cross, or any of its chapters in the State of Nevada, Salvation Army Corps, Girl Scouts of America, or Boy Scouts of America purposes, and a rent or other valuable consideration is received for its use, the same shall be taxed; provided, that such exemption shall in no case exceed the sum of five thousand ($5,000) dollars to any one association or organization thereof.

      Tenth-All real and personal property of the Nevada Childrens’ Foundation, Inc., in the State of Nevada, shall be exempt from taxation; provided, that when and if such property is used for any purpose other than carrying out the legitimate functions of the Nevada Childrens’ Foundation, Inc., the same shall be taxed.

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

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

 

 

 

 

Fraternity property of U. N. students; limitation

 

 

Property of Y. M. C. A., etc.; exception

 

 

 

 

 

 

 

Limitation

 

Property of Nevada childrens’ foundation; exception

 

Repeal

 

In effect

 

________

 

 


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

ê1947 Statutes of Nevada, Page 676ê

CHAPTER 201, AB 822

 

 

 

 

 

 

 

 

 

 

 

 

 

Claims against state presented to board of examiners; procedure

 

 

 

 

 

 

 

 

Statement of claims presented to board, when; procedure

 

 

 

 

 

 

 

Indorsed statement constitutes action of board

[Assembly Bill No. 228–Committee on Judiciary]

 

Chap. 201–An Act to amend an act entitled “An act relating to the board of examiners, to define their duties and powers, and to impose certain duties on the controller and treasurer,” approved February 7, 1865.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 6 of the above-entitled act, being section 6922 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 6.  All claims against the state for services or advances, for payment of which an appropriation has been made by law, and which have been by law authorized, but of which the amount has not been liquidated and fixed, may be presented to the board of examiners in the form of an account or petition, and in such manner as said board shall prescribe by their rules, the claimant may present his evidence to sustain said demand, which evidence, if oral, shall be reduced to writing, and they shall either reject or allow the claim, in whole or in part, within thirty days from its presentation, and shall indorse upon the same, if allowed in whole or in part, over their signatures: “Approved for the sum of ............... dollars,” and shall immediately transmit the same so indorsed, together with all the evidence received by them relating thereto, to the controller of state; provided, said board may by rule therefor duly adopted by it require the ex officio clerk of the board, after such clerk has checked and audited all said claims as required of him by law, to prepare and submit to said board a complete statement in writing listing all said claims so checked and audited by him, setting forth therein the number of the claim, the name of claimant, the nature and substance of the claim, and the amount thereof found due and owing thereon. Upon the submission of said statement to the board, said board may approve said statement, in whole or in part, within thirty days from its presentation, and shall indorse upon the same, if allowed in its entirety, over their signatures, “Each claim approved for the sum total thereof,” or if any or all claims so listed shall be rejected or changed by the board it shall so be indorsed over their signatures upon the statement. Said statement when indorsed by the board as aforesaid shall constitute the action of the board upon the claims presented to the board, and approval of each individual claim shall not be necessary. The statement upon its indorsement, together with the individual claims audited by the clerk of the board and all evidence relating to the said claims received by the board, shall be immediately transmitted to the controller of the state.


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

ê1947 Statutes of Nevada, Page 677 (Chapter 201, AB 822)ê

 

board, shall be immediately transmitted to the controller of the state. The ex officio clerk of the board shall record all claims submitted to the board and shall cause the publication monthly of all claims approved by the board for the preceding month in the official newspaper of the state. The controller shall not allow or draw his warrant for any claim of the class described in this section, which shall not have been approved by said board, or a greater amount than allowed by said board, except when said claim shall not have been acted upon by said board within thirty days prior to its presentation.

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

 

Publication of claims

 

Duty of controller

 

 

 

 

In effect

 

________

 

CHAPTER 202, AB 621

[Assembly Substitute for Assembly Bill No. 126–Mr. MacKenzie]

 

Chap. 202–An Act to amend an act entitled “An act regulating the fiscal management of counties, cities, towns, school districts, and other governmental agencies,” approved March 22, 1917, as amended.

 

[Approved March 31, 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 sec. 3012 N. C. L. 1929, as amended by Statutes of Nevada 1935, chapter 44, page 70, is further amended to read as follows:

      Section 3.  The county commissioners of each county in this state 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 conducting the public business of said county for the then current year and for the next following year. Said budget shall be prepared in such detail as to the aggregate sums and the items thereof as shall be prescribed by the Nevada tax commission, and shall in any event show the following details:

      1.  Estimated aggregate assessments upon which the tax rates are based.

      2.  The last available valuation of real property, personal property and net proceeds of mines as shown by the county tax roll, and the assessor’s collections for the preceding year.

      3.  The unencumbered cash balance at the beginning of the then current year.

      4.  The estimated receipts from all sources for the then current year.

      5.  The estimated receipts from all sources for the next following year.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commissioners must prepare budget for county

 

 

 

 

What budget shall show


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

ê1947 Statutes of Nevada, Page 678 (Chapter 202, AB 621)ê

 

 

 

 

 

Hearing on budget by public; notice

 

 

 

 

Proof of compliance

 

 

 

 

 

 

Procedure upon completion of budget

      6.  The estimated expenditures for the then current year.

      7.  The estimated expenditures for the next following year.

      8.  The amount required for the next following year from taxation and the tax rate necessary to produce it.

      Following preparation of the budget as outlined in the preceding paragraphs, the board of county commissioners shall set a time and place where and when the general public may appear and be heard as to the matters contained in the budget, notice of such public hearing to be given by publication in one or more of the newspapers of the county authorized to publish official notices, by publishing said notice once a week for two consecutive weeks, setting forth the nature and purpose of the hearing, the date and hour and the place where such hearing will be held. Proof of compliance with this provision shall be forwarded with the official budget to the Nevada tax commission for distribution, as hereinafter provided, and shall consist of an affidavit of publication of the notice of the public hearing and an affidavit signed by all the members of the board of commissioners stating that such a meeting was held.

      The budget shall be supported by distributions in such detail as shall be prescribed by the Nevada tax commission.

      Upon the completion of said budget, the same shall be signed by the commissioners of the county approving the same and by the county clerk, and the several sums set forth in said budget under estimated expenditures for the then current year shall be thereby appropriated for the several purposes therein named for the said then current year, and the sum set forth in said budget for the next following year shall be subject to revision upon the preparation and completion of the next succeeding budget required by this act. Said budget shall be forthwith filed in the office of the auditor and recorder, and a copy of the estimated receipts and expenditures for the then current year, the total valuations, and the tax rate as shown by said budget shall then be published once in the official newspaper of the county, if there be one, or if there be no official newspaper, then in a newspaper to be designated by the board of county commissioners.

 

________

 

 


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

ê1947 Statutes of Nevada, Page 679ê

 

CHAPTER 203, AB 402

[Assembly Bill No. 204–Washoe County Delegation]

 

Chap. 203–An Act authorizing the board of capitol commissioners of the State of Nevada to modify that certain lease granted to the city of Reno and authorizing the city of Reno to modify that certain lease granted to the county of Washoe under an act entitled “An act authorizing and directing the board of capitol commissioners of the State of Nevada to lease to the city of Reno for a period of ninety-nine years the Nevada state building situated in the city of Reno, subject to certain conditions and reservations, and other matters relating thereto,” approved April 2, 1929, and other matters relating thereto.

 

[Approved March 31, 1947]

 

      Whereas, By lease dated June 11, 1929, the board of capitol commissioners of the State of Nevada leased to the city of Reno for a term of ninety-nine (99) years that certain building situated in Powning park in the city of Reno, county of Washoe, State of Nevada, known as the Nevada state building; and

      Whereas, The city of Reno in turn leased the Nevada state building to Washoe County, State of Nevada; and

      Whereas, There is a desire to modify the terms and conditions of the leases hereinabove referred to; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The board of capitol commissioners of the State of Nevada is hereby authorized to modify, change, or amend the terms and provisions of that certain lease of the Nevada state building, dated June 11, 1929, entered into between the city of Reno and said board of capitol commissioners pursuant to chapter 215, Statutes of Nevada 1928-1929, upon such terms and conditions as they deem necessary and expedient; provided, that the lease as modified shall not extend beyond the unexpired term of the original lease above mentioned; and provided further, that the present quarters now used by the ex-servicemen’s organizations are to be furnished and maintained at all times in a suitable condition for the purposes intended, free from any expense or cost during the term of the lease; and provided further, that the quarters now used by the Nevada state historical society are to remain in its possession until such time as other quarters are made available for its use.

      Sec. 2.  The city of Reno, by and through its city council is hereby authorized to modify, change or amend the terms and provisions of that certain lease of the Nevada state building, dated June 11, 1929, entered into between the city of Reno and Washoe County pursuant to chapter 215, Statutes of Nevada 1928-1929, upon such terms and conditions as they deem necessary and expedient, subject to the reservation in section 1 of this act.

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Capitol commissioners to modify lease of state building

 

 

 

Exceptions in modification

 

 

 

 

City of Reno to modify lease


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

ê1947 Statutes of Nevada, Page 680 (Chapter 203, AB 402)ê

 

 

 

 

In effect

Reno and Washoe County pursuant to chapter 215, Statutes of Nevada 1928-1929, upon such terms and conditions as they deem necessary and expedient, subject to the reservation in section 1 of this act.

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

 

________

 

CHAPTER 204, AB 341

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Inspector to have power to enter mine workings

 

 

Owner to assist inspector

 

Refusal of owner to permit access, effect of

 

 

 

Duty of inspector to post notice, when

[Assembly Bill No. 143–Mr. Gallagher]

 

Chap. 204–An Act to amend an act entitled “An act creating the office of inspector of mines; fixing his duties, powers and compensation; providing for the appointment of deputy mining inspectors and fixing their compensation; requiring certain reports and notices of accidents to be made to said inspector, and defining the duties of the attorney general and district attorneys in relation to suits instituted by the inspector of mines,” approved March 24, 1909, as amended.

 

[Approved March 31, 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 4212, Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 5.  Said state inspector after notifying the officer in charge shall have full power and authority, at all hours, to enter and examine any and all mines in this state, and shall have the right to enter into any and all mine stopes, levels, winzes, tunnels, shafts, drifts, crosscuts, workings, and machinery for the purpose of such examination; and the owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines shall render the inspector such assistance as may be required by the inspector to enable him to make a full, thorough, and complete examination of each and every part of such mine or mines. Refusal of any owner, lessor, lessee, agent, manager, or other person in charge of such mine or mines to allow the inspector, or his deputy, access to the mine or mines or to any part thereof shall be demed a misdemeanor and, upon conviction, shall be punishable by fine or imprisonment, or both, as prescribed in section 42 of this act. Whenever, as the result of the examination of any mine (whether such examination is made in consequence of a complaint, as hereinafter provided, or otherwise), the inspector shall find such mine or any part of such mine to be in unsafe condition, he shall at once serve, or cause to be served, and post or cause to be posted, in a conspicuous place


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

ê1947 Statutes of Nevada, Page 681 (Chapter 204, AB 341)ê

 

upon the gallows frame, shaft house or other superstructure, at the collar of the shaft or at the entrance of the tunnel or at the main workings of such mine, a written notice upon the owner, lessor, lessee, agent, manager, or other person in charge of such mine, stating in what particular or particulars the mine is dangerous or insecure, and shall require all necessary changes to be made, without delay, for the purpose of making said mine or workings safe for the employees therein. Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge so notified to comply with the requirements, or any of them, stated in such notice so served and posted, such owner, lessor, lessee, agent, manager, or other person in charge of such mine shall be deemed guilty of a misdemeanor punishable by fine or imprisonment, or both, as prescribed in section 42 of this act; and in case of any criminal or civil proceedings at law against the party or parties so notified, on account of the loss of life or bodily injury sustained because of neglect or refusal to obey the inspector’s requirements, a certified copy of the notice served by the inspector shall be prima-facie evidence of the culpable negligence of the party or parties so notified.

      Sec. 2.  Section 8 of the above-entitled act, the same being section 4215 Nevada Compiled Laws 1929, is hereby further amended to read as follows:

      Section 8.  Upon the neglect or refusal of any owner, lessor, lessee, agent, manager, or other person in charge of any mine or workings, notified by the inspector of mines of the unsafe or dangerous condition of such mine or workings, promptly to comply with the requirements of the notice served upon him, to immediately notify the attorney general of such neglect or refusal, and the attorney general, or the district attorney of the county in which said mine is situated, at the instigation of the attorney general, must thereupon immediately commence action in the name of the state against the party so notified for the enforcement of the penalty hereinafter mentioned in section 42 of this act in any court of competent jurisdiction.

      Sec. 3.  Section 10 of the above-entitled act, being section 4217 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 10.  Whenever a serious or fatal accident shall occur in any mine in the State of Nevada, it shall be the duty of the owner, lessor, lessee, agent, manager, or other person in charge thereof immediately, and by the quickest means, to notify the inspector of mines, or his deputy, as may be most convenient, of such accident; and the inspector or his deputy, or both, shall at once repair to the place of accident and investigate fully the cause of such accident; and the inspector, or his deputy, shall be present at any coroner’s inquest held over the remains of any person or persons killed in any such accident, and shall have power at such inquest to examine and cross-examine witnesses, and may have process to compel the attendance of necessary witnesses at such inquest.

 

 

 

 

 

Misdemeanor for owner not to comply with notice

 

 

 

 

 

 

 

 

 

Duty of attorney general and district attorney

 

 

 

 

 

 

 

 

 

Duty of owner and inspector in event of fatal accident


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

ê1947 Statutes of Nevada, Page 682 (Chapter 204, AB 341)ê

 

 

 

 

 

Statements of witnesses, when

 

 

 

 

 

 

 

 

 

Owner to furnish report to inspector

 

 

 

 

 

 

 

 

 

Repeal

In effect

accident and investigate fully the cause of such accident; and the inspector, or his deputy, shall be present at any coroner’s inquest held over the remains of any person or persons killed in any such accident, and shall have power at such inquest to examine and cross-examine witnesses, and may have process to compel the attendance of necessary witnesses at such inquest. If the inspector or deputy inspector cannot be immediately present in case of a fatal or serious accident occurring, it shall be the duty of the owner, lessor, lessee, agent, manager, or other person in charge of the mine in which such accident has occurred, to have statements made and verified by those witnessing such accident; in case of no person being present at the time of the accident, then the statement of those first present thereafter shall be taken, which statement shall be verified, and such verified statements shall be placed in the hands of the inspector, or deputy inspector, upon the demand of such officer. Whenever any deputy inspector is present at any coroner’s inquest and assists in the examination, he shall, at the conclusion thereof, at once prepare and forward to the inspector a full and detailed report of the accident, giving all information obtainable regarding the same. It shall be the duty of every owner, lessor, lessee, agent, manager, or other person in charge of any mine, mill, or smelter in this state to give or mail to the inspector of mines at his office in Carson City a written report of every accident, of whatever kind or nature, occurring in or at such mine, mill, or smelter, whenever such accident is reported to the party or parties in charge of such mine, mill, or smelter. Such report to the inspector of mines must be given or mailed as soon as possible, and in no case later than thirty days after the accident occurs, and shall state how and when the accident happened, the name, address, age, and occupation of the injured person, the nature and extent of his injuries and such other information as the inspector of mines shall require for his records.

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

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

 

________

 

 


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

ê1947 Statutes of Nevada, Page 683ê

CHAPTER 205, AB 661

[Assembly Bill No. 166–Committee on Aviation]

 

Chap. 205–An Act to empower municipalities and other political subdivisions to promulgate, administer, and enforce airport zoning regulations limiting the height of structures and objects of natural growth, and otherwise regulating the use of property, in the vicinity of airports, and to acquire, by purchase, grant, or condemnation, air rights and other interests in land; to provide penalties and remedies for violations of this act or of any ordinance or regulation made under the authority conferred herein, and for other purposes.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

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

      (1) “Airport” means any area of land or water designed and set aside for the landing and taking-off of aircraft and utilized in the interest of the public for such purposes.

      (2) “Airport hazard” means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at any airport, or is otherwise hazardous to such landing or taking-off of aircraft.

      (3) “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in this act.

      (4) “Political subdivision” means any municipality, city, town, village, borough, or county.

      (5) “Person” means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

      (6) “Structure” means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, and overhead wires and other line.

      (7) “Tree” means any object of natural growth.

      Sec. 2.  It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of the area available for the landing, take-off and maneuvering of aircraft and the public investment therein, accordingly, it is hereby declared: (a) That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; (b) that it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and (c) that this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Words and phrases defined

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Airport hazards declared public nuisance


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

ê1947 Statutes of Nevada, Page 684 (Chapter 205, AB 661)ê

 

 

 

 

 

 

 

 

 

 

Political subdivisions may adopt airport regulations

 

 

 

 

Joint airport zoning boards authorized

 

 

 

 

 

 

 

 

What regulations incorporated in comprehensive ordinance

 

Conflict of regulations, which to govern

by the airport in question; (b) that it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and (c) that this should be accomplished, to the extent legally possible, by exercise of the police power, without compensation. It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and extend public funds and acquire land or property interests therein.

      Sec. 3.  In order to prevent the creation or establishment of airport hazards, every political subdivision having an airport hazard area within its territorial limits may adopt, administer, and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and, within such zones, specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.

      Sec. 4.  Where an airport is owned or controlled by a political subdivision and any airport hazard area appertaining to such airport is located outside the territorial limits of said political subdivision, within or without the state, the political subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located may, by ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested by section (3) in the political subdivision within which such area is located. Each such joint board shall have as members two representatives appointed by each political subdivision participating in its creation, and in addition a chairman elected by a majority of the members so appointed.

      Sec. 5.  In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive zoning ordinance regulating, among other things, the height of buildings, any airport zoning regulations applicable to the same area or portion thereof, may be incorporated in and made a part of such comprehensive zoning regulations, and be administered and enforced in connection therewith.

      Sec. 6.  In the event of conflict between any airport zoning regulations adopted under this act and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.


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

ê1947 Statutes of Nevada, Page 685 (Chapter 205, AB 661)ê

 

use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

      Sec. 7.  No airport zoning regulations shall be adopted, amended, or changed under this act except by action of the joint board provided for in section 4, after a public hearing in relation thereto, at which public utilities owning facilities in the area involved, other parties in interest and citizens shall have an opportunity to be heard. At least 15 days’ notice of the hearing shall be given to all public utilities, whether publicly or privately owned, owning facilities in the area involved, and at least fifteen days’ notice of the hearing shall be published in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which is located the airport hazard to be zoned.

      Sec. 8.  Prior to the initial zoning of any airport hazard area under this act, the political subdivision or joint airport zoning board may adopt the regulations, and may appoint a commission, to be known as the airport zoning commission, and may recommend the boundaries of the various zones to be established, and the regulations to be adopted therefor. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the legislative body of the political subdivision or the joint airport zoning board shall not hold its public hearings or take other action until it has received the final report of such commission. Where a city plan commission or comprehensive zoning commission already exists, it may be appointed as the airport zoning commission. At least fifteen days’ notice of each such public hearing by such commission shall be given to all such public utilities owning facilities in the area involved.

      Sec. 9.  All airport zoning regulations adopted under this act shall be reasonable, and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this act. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood, and the uses to which the property to be zoned is put and adaptable.

      Sec. 10.  No airport zoning regulations adopted under this act shall require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in section 13.

 

 

Public hearing on zoning regulations

 

 

Notice of hearing

 

 

 

 

Airport zoning commission authorized

 

 

Commission to report; hearings held

 

 

 

 

 

 

Regulations to be reasonable

 

What the board shall consider

 

 

Existing structures not removed, when


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

ê1947 Statutes of Nevada, Page 686 (Chapter 205, AB 661)ê

 

Regulations may require permit for new structures

 

 

 

 

 

 

 

No permit granted, when

 

 

 

 

Application for variance

 

 

Variance allowed, when

 

 

 

 

 

 

Conditions of permits or variances

 

 

 

Markers or lights may be installed

      Sec. 11.  Any airport zoning regulations adopted under this act may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered, but no such permit shall be required to make maintenance repairs to any existing structure, or to replace parts of any existing structure, which repairs or replacements do not substantially enlarge or increase the height of an existing structure. In any event, however, all such regulations shall provide that before any nonconforming structure or tree may be replaced, substantially altered, rebuilt, allowed to grow higher, or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement or change. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made. Except as provided herein, all applications for permits shall be granted.

      Sec. 12.  Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted under this act, may apply to the board of adjustment for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship, and the relief granted would not be contrary to the public interest, but do substantial justice and be in accordance with the spirit of the regulations and this act; provided, that any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this act.

      Sec. 13.  In granting any permit or variance under this section, the administrative agency or board of adjustment may, if it deems such action advisable to effectuate the purposes of this act and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. The political subdivision may, with the permission of the owner and at its own expense, install, operate, and maintain, upon nonconforming structures existing at the time the particular zoning regulation is adopted or amended, such markers or lights as may be necessary.


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

ê1947 Statutes of Nevada, Page 687 (Chapter 205, AB 661)ê

 

time the particular zoning regulation is adopted or amended, such markers or lights as may be necessary.

      Sec. 14.  Any person aggrieved by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this act, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administrative agency.

      Sec. 15.  All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

      Sec. 16.  An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise than by order of the board on notice to the agency from which the appeal is taken and on due cause shown.

      The board shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

      The board may, in conformity with the provisions of this act, reverse, affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the administrative agency from which the appeal is taken.

      Sec. 17.  All airport zoning regulations adopted under this act shall provide for the administration and enforcement of such regulations by an administrative agency, which may be an agency created by such regulations or any official, board, or other existing agency of the political subdivision adopting the regulations, or of one of the political subdivisions which participated in the creation of the joint airport zoning board adopting the regulations, if satisfactory to that political subdivision, but in no case shall such administrative agency be or include any member of the board of adjustment.

 

 

Appeal to board of adjustment, when

 

 

 

 

 

Appeal taken, when; procedure

 

 

 

Appeal to stay proceedings

 

Exception

 

 

Notice of hearing

 

 

Powers of board

 

 

 

 

Regulations to provide administrative agency


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

ê1947 Statutes of Nevada, Page 688 (Chapter 205, AB 661)ê

 

 

 

Duties of agency

 

 

 

Board of adjustment; powers and duties

 

 

 

 

 

 

Composition of board of adjustment

 

 

Majority vote of board sufficient

 

 

 

 

Board to adopt rules; public meetings; duties of chairman

 

 

 

 

 

Court review board’s decision

adopting the regulations, if satisfactory to that political subdivision, but in no case shall such administrative agency be or include any member of the board of adjustment. The duties of any administrative agency designated pursuant to this act shall include that of hearing and deciding all permits under section 11, but such agency shall not have or exercise any of the powers herein delegated to the board of adjustment.

      Sec. 18.  All airport zoning regulations adopted under this act shall provide for a board of adjustment to have and exercise the following powers:

      (1) To hear and decide appeals from any order, requirement, decision, or determination made by the administrative agency in the enforcement of the airport zoning regulations, as provided in section 14.

      (2) To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such board may be required to pass under such regulations.

      (3) To hear and decide specific variances under section 11.

      Sec. 19.  Where a zoning board of appeals or adjustment already exists, it may be appointed as the board of adjustment. Otherwise, the board of adjustment shall consist of five members, each to be appointed for a term of three years by the authority adopting the regulations, and to be removable by the appointing authority for cause, upon written charges and after public hearing.

      Sec. 20.  The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the administrative agency, or to decide in favor of the applicant on any matter upon which it is required to pass under the airport zoning regulations, or to effect any variation in such regulations.

      Sec. 21.  The board shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the board and shall be a public record.

      Sec. 22.  Any person aggrieved, or taxpayer affected, by any decision of a board of adjustment, or any governing body of a political subdivision, or any joint airport zoning board which is of the opinion that a decision of a board of adjustment is illegal, may present to the district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality.


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

ê1947 Statutes of Nevada, Page 689 (Chapter 205, AB 661)ê

 

board which is of the opinion that a decision of a board of adjustment is illegal, may present to the district court a verified petition setting forth that the decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the decision is filed in the office of the board.

      Upon presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

      The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

      Sec. 23.  The court shall have exclusive jurisdiction to affirm, modify, or set aside the decision brought up for review, in whole or in part, and if need be, to order further proceedings by the board of adjustment. The findings of fact of the board, if supported by substantial evidence, shall be accepted by the court as conclusive, and no objection to a decision of the board shall be considered by the court unless such objection shall have been urged before the board, or, if it was not so urged, unless there were reasonable grounds for failure to do so.

      Cost shall not be allowed against the board of adjustment unless it appears to the court that it acted with gross negligence, in bad faith, or with malice, in making the decision appealed from.

      Sec. 24.  In any case in which airport zoning regulations adopted under this act, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the constitution of this state or the constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land.

      Sec. 25.  Each violation of this act or of any regulations, orders, or rulings promulgated or made pursuant to this act, shall constitute a misdemeanor and shall be punishable by a fine of not more than $100 or imprisonment for not more than ninety days, or by both such fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense.

 

 

 

 

 

Certiorari granted, when

 

 

 

Contents of return to writ

 

 

 

Jurisdiction of court

 

 

 

 

 

 

Cost allowed, when

 

 

Effect of invalid regulation

 

 

 

 

 

Penalty for violation of regulations


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

ê1947 Statutes of Nevada, Page 690 (Chapter 205, AB 661)ê

 

 

Injunction may be obtained

 

 

 

 

 

 

 

Political subdivision may acquire property, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Constitutionality

 

 

Short title

Repeal

 

In effect

each day a violation continues to exist shall constitute a separate offense. In addition, the political subdivision or agency adopting zoning regulations under this act may institute in any court of competent jurisdiction, an action to prevent, restrain, correct, or abate any violation of this act, or of airport zoning regulations adopted under this act, or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction (which may be mandatory) or otherwise, as may be proper under all the facts and circumstances of the case, in order fully to effectuate the purposes of this act and of the regulations adopted and orders and rulings made pursuant thereto.

      Sec. 26.  In any case in which:  (1) it is desired to remove, lower, or otherwise terminate a nonconforming structure, tree or use; or  (2) the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this act; or  (3) it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming use is located, or the political subdivision owning the airport or served by it may acquire, by purchase, grant, or condemnation in the manner provided by the law under which political subdivisions are authorized to acquire property for public purposes, such air right, avigation easement, or other estate or interest in the property or nonconforming structure or use in question as may be necessary to effectuate the purposes of this act. In the case of the purchase of any property or any easement or estate or interest therein, or the acquisition of the same by condemnation, the political subdivision making such purchase or exercising such power shall, in addition to the damages for the taking, injury or destruction of property, also pay the cost of the removal and relocation of any structure or equipment of any such public utility which is required to be moved to a new location.

      Sec. 27.  If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 28.  This act shall be known and may be cited as the “Airport Zoning Act.”

      Sec. 29.  All acts or parts of acts which are inconsistent with the provisions of this act are hereby repealed.

      Sec. 30.  This act shall become effective upon its passage and approval.

 

________


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

ê1947 Statutes of Nevada, Page 691ê

CHAPTER 206, AB 701

[Assembly Bill No. 107–Committee on Ways and Means]

 

Chap. 206–An Act making an appropriation for repairs and equipment for the Nevada school of industry, at Elko, Nevada, and other needs therefor.

 

[Approved March 31, 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 twenty-three thousand dollars for the purpose of repairing, improving, or rebuilding certain of the premises at, in, or upon the grounds, buildings, or premises; for the purchase of necessary equipment and appliances for the Nevada school of industry.

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

 

 

 

 

 

 

 

 

 

 

Appropriation

 

 

 

 

In effect

 

________

 

CHAPTER 207, AB 362

[Assembly Bill No. 263–Committee on Education]

 

Chap. 207–An Act to amend an act entitled “An act concerning public schools of the State of Nevada, establishing and defining certain crimes and providing punishment therefor, and repealing certain acts and parts of acts relating thereto,” approved March 15, 1947.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 287 of the above-entitled act, being chapter 63, Statutes of Nevada 1947, is hereby amended to read as follows:

      Section 287.  Contract Awarded Lowest and Best Bidder. In all cases where more than five hundred ($500) dollars is to be expended upon the erection of any school building, or upon the repair or addition to any school building, or upon the purchase of school furniture, the trustees shall award the contract for such work to the person making the lowest firm offer for the contract; provided, if, after advertisement for bids as herein provided has been twice had, and no satisfactory bid is received, the trustees may receive proposals and enter into a contract on the basis of such proposals for the construction of said school building on a cost-plus-a-fee basis, without further advertising.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Contract awarded lowest and best bidder

 

 

 

 

 

 

 

Repeal

 

________

 

 


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

ê1947 Statutes of Nevada, Page 692ê

CHAPTER 208, SB 441

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Trust receipt transaction, what constitutes

[Senate Substitute for Assembly Bill No. 144–Mr. Gallagher]

 

Chap. 208–An Act to amend an act entitled “An act relating to trust receipts and pledges of personal property unaccompanied by possession in the pledgee, and matters relating thereto,” approved March 28, 1941.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section III of the above-entitled act, being 1929 N. C. L. 1941 Supp., section 7719.02, is hereby amended to read as follows:

 

SECTION III

 

      (1) A trust receipt transaction within the meaning of this act is any transaction to which an entruster and a trustee are parties, for one of the purposes set forth in subdivision (3) of this section, whereby

      (a) The entruster or any third person delivers to the trustee goods, documents or instruments in which the entruster (i) prior to the transaction has, or for new value (ii) by the transaction acquires, or (iii) as the result thereof is to acquire promptly, a security interest; or

      (b) The entruster gives a new value in reliance upon the transfer by the trustee to such entruster of a security interest in instruments or documents which are actually exhibited to such entruster, or to his agent in that behalf, at a place of business of either entruster or agent, possession of which is retained by the trustee; provided, that the delivery under paragraph (a) or the giving of new value under paragraph (b) either

      (i) Be against the signing and delivery by the trustee of a writing designating the goods, documents, or instruments concerned, and reciting that a security interest therein remains in or will remain in, or has passed to or will pass to, the entruster; or

      (ii) Be pursuant to a prior or concurrent written and signed agreement of the trustee to give such a writing.

      The security interest of the entruster may be derived from the trustee or from any other person, and by pledge or by transfer of title or otherwise.

      If the trustee’s rights in the goods, documents, or instruments are subject to a prior trust receipt transaction, or to a prior equitable pledge, section V-(E) and section IV, respectively, of this act, determine the priorities.

      (2) A writing such as is described in subdivision (1), paragraph (i), of this section signed by the trustee, and given in or pursuant to such a transaction, is designated in this act as a “trust receipt.” No further formality of execution or authentication shall be necessary to the validity of a trust receipt.


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

ê1947 Statutes of Nevada, Page 693 (Chapter 208, SB 441)ê

 

authentication shall be necessary to the validity of a trust receipt.

      (3) A transaction shall not be deemed a trust receipt transaction unless the possession of the trustee thereunder is for a purpose substantially equivalent to any one of the following:

      (a) In the case of goods, documents or instruments, for the purpose of selling or exchanging them, or of procuring their sale or exchange; or

      (b) In the case of goods or documents, for the purpose of manufacturing or processing the goods delivered or covered by the documents, with the purpose of ultimate sale, or for the purpose of loading, unloading, storing, shipping, transshipping, or otherwise dealing with them in a manner preliminary to or necessary to their sale; or

      (c) In the case of instruments, for the purpose of delivering them to a principal, under whom the trustee is holding them, or for consummation of some transaction involving delivery to a depositary or registrar, or for their presentation, collection, or renewal.

      (4) A trust receipt transaction is also one in which, pursuant to a trust receipt, a dealer as trustee obtains new value from an entruster upon the transfer to the latter of a security interest in goods whether or not such goods are owned or possessed by the trustee prior or subsequent to the execution of the trust receipt document, and whether or not such goods are thereafter retained in the trustee’s possession.

 

Trust receipt transaction, what constitutes

 

________

 

CHAPTER 209, AB 422

[Assembly Bill No. 224–Washoe County Delegation]

 

Chap. 209–An Act to create judicial districts in the State of Nevada, provide for the election of district judges therein, fix their salaries and compensation for expenses, and repeal all acts and parts of acts in conflict herewith.

 

[Approved March 31, 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 divided into eight judicial districts. The counties of Ormsby, Douglas, Churchill, Storey, and Lyon shall constitute the first judicial district; the county of Washoe shall constitute the second judicial district; the counties of Eureka and Lander shall constitute the third judicial district; the county of Elko shall constitute the fourth judicial district; the counties of Mineral, Esmeralda, and Nye shall constitute the fifth judicial district; the counties of Pershing and Humboldt shall constitute the sixth judicial district; the counties of White Pine and Lincoln shall constitute the seventh judicial district; and the county of Clark shall constitute the eighth judicial district.

 

 

 

 

 

 

 

 

 

 

 

Judicial districts of state created


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

ê1947 Statutes of Nevada, Page 694 (Chapter 209, AB 422)ê

 

 

 

 

Number of judges

 

 

 

 

Vacancy, effect of

 

 

 

 

Concurrent jurisdiction of judges

 

 

 

 

Salaries of judges

 

 

 

Each county to pay proportionate share

judicial district; the counties of Pershing and Humboldt shall constitute the sixth judicial district; the counties of White Pine and Lincoln shall constitute the seventh judicial district; and the county of Clark shall constitute the eighth judicial district. For each of said districts, except the second and eighth judicial districts, there shall be one judge; for the second judicial district there shall be three judges elected, and for the eighth judicial district there shall be two judges elected. Whenever a vacancy shall occur in the office of any such judge, it shall be filled as provided by law.

      Sec. 2.  Until the first Monday in January 1951, the judicial districts shall be and remain as heretofore provided by law unless there shall occur a vacancy in the judge’s office of any judicial district as now provided by law, in which event the provisions of this act shall take immediate effect and apply to such judicial districts where a vacancy occurs as aforesaid.

      Sec. 3.  In judicial districts where more than one judge shall have been provided for by this act, such judges shall have concurrent and coextensive jurisdiction within said district, under such rules and regulations as may be prescribed by law, and the said district judges therein shall have power to make such additional rules and regulations, not inconsistent with law, which will enable them to transact the judicial business in a convenient and lawful manner.

      Sec. 4.  The salaries of the judges for the districts herein provided for shall be seven thousand two hundred ($7,200) dollars per year, except that the judges of the third and fifth judicial districts shall each receive a salary of six thousand ($6,000) dollars per year. All of said salaries shall be paid in equal monthly installments out of the district judges’ salary fund, which is hereby created in the state treasury, and which shall be supplied in the manner following, to wit: Each county in each judicial district in the state shall contribute annually to said fund its proportionate share of the money necessary to pay the judge or judges of its district their respective salaries monthly for such year, based upon the assessment roll of the county for the previous year, and it is hereby made the duty of the county commissioners of each county to make such arrangements and orders as may be necessary to insure the forwarding of their county’s quota of said district judges’ salary fund to the state treasurer at such time and in such installments as will enable the state treasurer to pay to each district judge one-twelfth of his annual salary on the first Monday of each and every month, and to cause such money to be forwarded by the county treasurer, and, if necessary, in order to render certain the forwarding of such money in ample time to prevent any default in said monthly installments, said board of county commissioners shall transfer and use any moneys in the county treasuries except those belonging to the public school fund.


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

ê1947 Statutes of Nevada, Page 695 (Chapter 209, AB 422)ê

 

ample time to prevent any default in said monthly installments, said board of county commissioners shall transfer and use any moneys in the county treasuries except those belonging to the public school fund. No salary of any judge shall be paid in advance.

      Sec. 5.  The district judges shall receive mileage, traveling expenses, and living expenses while away from home on official business while holding court elsewhere than at his home in the district, or by holding court elsewhere in this state.

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

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

 

 

 

Mileage and travel expenses

 

Repeal

In effect

 

________

 

CHAPTER 210, AB 431

[Assembly Bill No. 134–Mr. Beemer]

 

Chap. 210–An Act authorizing counties, school districts and municipalities to reinvest in bonds of the United States of America unused funds authorized under bond issues.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  In any county, school district, or municipality having in reserve any unused funds creditable to the use of said political subdivisions through the issuance of bonds voted in regular course by the people of any such political subdivision, it shall be lawful until June 30, 1949, for the governing body of any such political subdivision to reinvest such unused funds in bonds of the United States of America.

      Sec. 2.  The interest accruing to the benefit of any of the aforesaid political subdivisions from the bonds of the United States of America in which such political subdivisions may have invested shall be used to pay the interest due on the bonded indebtedness of such political subdivision or such interest may be used to amortize the bonded indebtedness of any such political subdivision, or such interest may be used to supplement the fund created by the bond issue.

      Sec. 3.  The county auditor and the county treasurer, upon resolution adopted in regular form at a legally held meeting of the governing body of any such political subdivision, shall draw and honor vouchers upon the order of any such political subdivision for investment in bonds of the United States of America. The governing body of any such political subdivision shall direct the county auditor and the county treasurer to use the interest obtained from investment in such bonds of the United States of America to pay the interest due and payable on the outstanding bonded indebtedness or for the purpose of amortizing the bonded indebtedness of any such political subdivision, or such interest may be used to supplement the fund created by the bond issue.

 

 

 

 

 

 

 

 

 

 

 

 

Political subdivisions may invest reserve funds in U. S. bonds

 

Disposition of interest

 

 

 

 

 

Duties of governing body, county auditor and county treasurer


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

ê1947 Statutes of Nevada, Page 696 (Chapter 210, AB 431)ê

 

 

 

 

 

Repeal

 

In effect

in such bonds of the United States of America to pay the interest due and payable on the outstanding bonded indebtedness or for the purpose of amortizing the bonded indebtedness of any such political subdivision, or such interest may be used to supplement the fund created by the bond issue.

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

      Sec. 5.  This act shall take effect immediately after its passage and approval.

 

________

 

CHAPTER 211, AB 412

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

County officer-employee, 20-30 years, pension plan

 

 

 

 

 

 

Pension plan, 15 years or more

[Assembly Bill No. 214–Washoe County Delegation]

 

Chap. 211–An Act providing for the payment of pensions to certain officers and employees in certain counties of the State of Nevada; providing for the creation of a fund in such counties for the payment of said pensions, defining the duties of the county commissioners of the various counties, and other persons, in relation thereto; providing for the investment of any surplus in said fund, designating the requirements for participation of any person in the provisions of this act, and other matters properly relating thereto.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Any elective or appointive officer or employee, in any county in the State of Nevada, wherein there were cast at the last preceding general election not less than twelve thousand five hundred (12,500) votes for congressman, who has been in the service or employ of such a county for a period of thirty (30) years, or who has been in the service or employ of such a county for a period of twenty (20) years and has reached the age of sixty-five (65) years, shall be granted a pension by such a county. Said pension shall be fifty (50%) percent of the average amount of the monthly wage or salary which said officer or employee has been paid during the five (5) years next preceding the time said officer or employee is pensioned.

      Sec. 2.  Any elective officer or employee, in such county, who has been in the employ of such county for a period of fifteen (15) years or more, and who has reached the age of sixty-five (65) years or who is mentally or physically disabled, may retire from said office and receive a pension equal to thirty-five (35%) percent of the average amount of monthly wage or salary which said officer or employee has been paid during the five (5) years next preceding the time said officer or employee is pensioned, together with an additional one (1%) percent for said average wage or salary, for each year over fifteen (15) years that said elective officer or employee shall have served; provided, however, that in no case shall the pension received be more than fifty (50%) percent of the average amount of monthly wage or salary said officer or employee has been paid during the five (5) years next preceding the time said officer or employee is pensioned.


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

ê1947 Statutes of Nevada, Page 697 (Chapter 211, AB 412)ê

 

said officer or employee is pensioned, together with an additional one (1%) percent for said average wage or salary, for each year over fifteen (15) years that said elective officer or employee shall have served; provided, however, that in no case shall the pension received be more than fifty (50%) percent of the average amount of monthly wage or salary said officer or employee has been paid during the five (5) years next preceding the time said officer or employee is pensioned.

      Sec. 3.  Any elective officer or employee who is receiving a pension from any such county, under the terms of this act, and who thereafter accepts employment with any political subdivision within such county, shall forfeit forever all future pension rights under the terms of this act, and shall be paid in one sum an amount equal to the balance remaining to his credit, after deducting therefrom payments previously made to him in the form of said pension.

      Sec. 4.  The county commissioners of any such county may levy a tax, not to exceed two ($0.02) cents on every one hundred ($100) dollars of assessed valuation on the property within the county, said levy to be made annually at the time of making the county budget and fixing the county tax rate. The proceeds from said levy shall be set aside as a special fund in each of such counties, to be known as the county pension fund.

      Sec. 5.  All elective officers or employees desiring to avail themselves of the benefits of this act, shall pay to said county, three (3%) percent of his monthly salary or wage, said amount to be credited to his account in the pension fund. Furthermore, any elective officer or employee paying such percentage of his salary or wage to such county, and who is discharged from his employ without cause, or if he resigns therefrom, or in case of an appointive officer, if he be not reappointed upon the expiration of his term of office, or in the case of an elective officer, if he fails to seek reelection to his office, or if he be not reelected upon the expiration of his term of office, shall be entitled to withdraw from such pension fund the amount he has paid thereinto; or if any such person dies prior to the time he is entitled to receive, and has expressed his right, to receive a pension, and should he not have designated a beneficiary, there shall be paid directly to the next of kin of the deceased, without probate, the total amount he has paid into such pension fund.

      Sec. 6.  The county commissioners of any such county shall be empowered immediately upon passage and approval of this act to establish a county pension fund by transferring from the county salary fund or county general fund, an amount which they shall deem necessary to provide for all contingencies, pending the time that funds in the county pension fund are sufficient to carry out the provisions of this act, but in no case shall the amount transferred exceed fifteen thousand ($15,000) dollars.

 

 

 

 

 

 

Pension forfeited, when

 

 

 

 

 

Pension tax levy

 

 

 

 

 

Contribution payments

 

 

Officer or employee may withdraw contributions, when

 

 

 

 

 

 

 

Commissioners may transfer funds to pension fund


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

ê1947 Statutes of Nevada, Page 698 (Chapter 211, AB 412)ê

 

 

 

 

 

 

Declaration of intention to participate, when

 

 

 

 

 

 

Form

 

 

 

 

 

 

Deduction of contributions, when

 

 

 

 

 

 

Who may qualify for participation

 

Duty of auditor

amount which they shall deem necessary to provide for all contingencies, pending the time that funds in the county pension fund are sufficient to carry out the provisions of this act, but in no case shall the amount transferred exceed fifteen thousand ($15,000) dollars.

      Sec. 7.  As a condition precedent to participating in the benefits arising from the provisions of this act, every person so desiring, shall declare his intentions so to do in writing on or before May 1, 1947, and file the same in the office of the county auditor of his county. Any person coming into the service or employ of such a county after May 1, 1947, may elect to accept the benefits of the provisions of this act by signifying his intentions in writing and filing same with the county auditor within a period of one month from the time such person comes into the service or employ of such county. Such declaration shall be substantially in the following form, to wit:

      I hereby declare my intention to avail myself of the county pension act, and I hereby expressly authorize the county auditor of ...................................... county to retain three percent (3%) of my monthly salary to be placed in the county pension fund of ...................................... County, Nevada. I herewith designate ................................ as beneficiary in the event of my death.

                                                                Dated................................., 19........

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

                                                                                        Signature

      Sec. 8.  Upon the execution and filing of the foregoing form by any person in the service or employ of any such county coming under the provisions of this act, the county auditor shall be thereby authorized to retain three (3%) percent of the monthly salary or wage due from such county to any such person; provided, however, that no deduction shall be made from the wage or salary of any person before the first pay roll period in May 1947.

      Sec. 9.  Any person who is in the service or employ of such county upon the date on which this act becomes effective, but does not file in writing his intentions of participating in the provisions and benefits of this act, may qualify for participation by paying into the county pension fund an amount equal to the sum that would have been deducted from his wage or salary from the date this act became effective.

      Sec. 10.  It shall be the duty of the county auditor to keep proper records for each contributor showing the amount credited to each account. All moneys deducted from salaries or wages for this purpose shall be deposited with the county treasurer for the credit of the county pension fund.

      Sec. 11.  The right of a person to a pension, to the return of contributions or any other right accrued or accruing to any person under the provisions of this act, shall be exempt from state, county, and municipal taxes and shall not be subject to execution, garnishment, attachment, or any other process or to the operation of any bankruptcy or insolvency law, and shall be unassignable.


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

ê1947 Statutes of Nevada, Page 699 (Chapter 211, AB 412)ê

 

of contributions or any other right accrued or accruing to any person under the provisions of this act, shall be exempt from state, county, and municipal taxes and shall not be subject to execution, garnishment, attachment, or any other process or to the operation of any bankruptcy or insolvency law, and shall be unassignable.

      Sec. 12.  The county commissioners of any county coming under the provisions of this act, may from time to time invest any surplus in said fund in a savings account in a national bank, or in any federal, state, county, or municipal bonds.

      Sec. 13.  Any officer or employee, qualifying for a pension under the terms of this act, shall file in writing with the board of county commissioners his intentions of retiring. Upon the certification of the county auditor that said applicant is qualified to receive a pension, it shall be the duty of the board of county commissioners to authorize payment of said pension. All disbursements from said pension fund shall be made at the same time and in the same manner as county disbursements are made.

      Sec. 14.  Before anyone shall receive any benefit from the pension fund as provided in this act, he shall have paid into the fund not less than an amount equivalent to five (5) years’ contributions at the rate of three (3%) percent.

      Sec. 15.  Whenever in this act the male sex is indicated, the same shall be deemed to include females.

      Sec. 16.  This act shall be in full force and effect on and after May 1, 1947, after its passage and approval.

Rights of participant exempt from taxation

 

 

Surplus fund invested

 

 

Intention to retire filed

 

 

 

 

 

Benefits payable, when

 

 

Gender

 

Effective date

 

________

 

CHAPTER 212, AB 752

[Assembly Bill No. 257–Committee on Taxation]

 

Chap. 212–An Act to amend an act entitled “An act creating and defining certain duties and powers of the state bank examiner, authorizing him to fill certain positions, and other matters connected therewith, and repealing all acts and parts of acts in conflict herewith,” approved March 29, 1927.

 

[Approved March 31, 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. 728 N. C. L. 1929, is hereby amended to read as follows:

      Section 1.  The state bank examiner of Nevada shall be ex officio state auditor. He shall perform all the duties of that office. That said state bank examiner shall supersede-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State bank examiner to be state auditor


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

ê1947 Statutes of Nevada, Page 700 (Chapter 212, AB 752)ê

 

 

 

 

 

 

 

Powers and duties

 

 

 

Repeal

Effective date

      1.  The state auditor as defined and provided in that certain 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, and all acts amendatory thereof and supplementary thereto.

      The state bank examiner shall have all the powers and perform all the duties heretofore belonging to the state auditor, under and by virtue of the act above mentioned, which act, except as herein modified or amended, shall remain in full force and effect.

      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.

 

________

 

CHAPTER 213, AB 972

 

 

 

 

 

 

 

 

 

 

 

 

 

Salaries deputies and clerks in state offices; secretary of state

 

 

Attorney general’s office

[Assembly Bill No. 279–Committee on Ways and Means]

 

Chap. 213–An Act relating to the appointment and salaries of deputies, clerks, and stenographers in the offices of secretary of state, attorney general, state controller, state treasurer, state mine inspector, surveyor general, and superintendent of public instruction, and other matters relating thereto.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The secretary of state, in addition to one deputy secretary of state whose salary is hereby fixed at three thousand one hundred fifty ($3,150) dollars per annum, is hereby authorized to appoint one chief clerk at a salary of two thousand four hundred fifty ($2,450) dollars per annum, one corporation and bond clerk at a salary of two thousand seven hundred ($2,700) dollars per annum, and employ two stenographers whose compensation shall be paid as hereinafter directed.

      Sec. 2.  The attorney general, in addition to his power and authority to appoint deputy attorneys general in accordance with section 7314 Nevada Compiled Laws 1929, is hereby authorized to appoint one chief deputy attorney general at a salary of four thousand two hundred ($4,200) dollars per annum, and one deputy attorney general at a salary of three thousand six hundred ($3,600) dollars per annum, and to employ one chief clerk at a salary of two thousand four hundred fifty ($2,450) dollars per annum, and one stenographer whose compensation shall be paid as hereinafter directed.


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

ê1947 Statutes of Nevada, Page 701 (Chapter 213, AB 972)ê

 

one stenographer whose compensation shall be paid as hereinafter directed.

      Sec. 3.  The state controller, in addition to one deputy state controller whose salary is hereby fixed at three thousand one hundred fifty ($3,150) dollars per annum, is hereby authorized to appoint one insurance examiner at a salary of two thousand eight hundred ($2,800) dollars per annum, one chief clerk at a salary of two thousand four hundred fifty ($2,450) dollars per annum, one deduction clerk at a salary of two thousand one hundred ($2,100) dollars per annum, one bookkeeper at a salary of two thousand four hundred fifty ($2,450) dollars per annum, one insurance clerk, one social security clerk, and one extra clerk whose compensation shall be paid as hereinafter directed.

      Sec. 4.  The state treasurer, in addition to one deputy state treasurer whose salary is hereby fixed at three thousand one hundred fifty ($3,150) dollars per annum, is hereby authorized to appoint one chief clerk-stenographer at a salary of two thousand four hundred fifty ($2,450) dollars per annum, and two social security clerks, whose compensation shall be paid as hereinafter directed.

      Sec. 5.  The state mine inspector, in addition to two deputy state mine inspectors whose salaries are hereby fixed at two thousand eight hundred ($2,800) dollars per annum each, is hereby authorized to employ one stenographer whose compensation shall be paid as hereinafter directed.

      Sec. 6.  The surveyor general, in addition to one deputy surveyor general whose salary is hereby fixed at three thousand one hundred fifty ($3,150) dollars per annum, is hereby authorized to employ one stenographer whose compensation shall be paid as hereinafter directed.

      Sec. 7.  The superintendent of public instruction, in addition to her power to appoint an office deputy whose salary is hereby fixed at three thousand three hundred ($3,300) dollars per annum, is hereby authorized to employ one certification clerk at a salary of two thousand four hundred fifty ($2,450) dollars per annum, who shall be paid from the distributive school fund, and two stenographers whose compensation shall be paid as hereinafter directed.

      Sec. 8.  Each said state officer in this act, when an emergency shall exist, is hereby authorized to employ such additional stenographic assistance as shall be necessary, not exceeding sixty (60) days in each biennial year, at the rate as hereinafter expressly specified, provided sufficient money has been appropriated.

      Sec. 9.  The salary and compensation of any and all clerks and stenographers in this act not expressly fixed and determined shall be as follows, to wit: For the first two years of employment, at the rate of one thousand seven hundred fifty ($1,750) dollars per annum, for the next succeeding two years at the rate of one thousand nine hundred fifty ($1,950) dollars per annum, and beginning with the next four years of service and thereafter at the rate of two thousand one hundred ($2,100) dollars per year; provided, that such service may be aggregated beginning with the 24th day of March 1931, and any service in any state office since said date shall apply with respect to computing length of service for the purposes of this section.

 

State controller’s office

 

 

 

 

 

 

 

 

State treasurer’s office

 

 

 

 

State mine inspector’s office

 

 

Surveyor general’s office

 

 

Superintendent of public instruction’s office

 

 

 

 

Additional assistants

 

 

Salaries of clerks and stenographers


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

ê1947 Statutes of Nevada, Page 702 (Chapter 213, AB 972)ê

 

 

 

 

 

 

 

 

Payable, when

 

Prior acts repealed

 

 

 

Payment for services

 

Additional compensation

 

 

 

Effective date

employment, at the rate of one thousand seven hundred fifty ($1,750) dollars per annum, for the next succeeding two years at the rate of one thousand nine hundred fifty ($1,950) dollars per annum, and beginning with the next four years of service and thereafter at the rate of two thousand one hundred ($2,100) dollars per year; provided, that such service may be aggregated beginning with the 24th day of March 1931, and any service in any state office since said date shall apply with respect to computing length of service for the purposes of this section.

      Sec. 10.  All salaries and compensation in this act provided shall be payable at the time and in the same manner as other elective state officers are paid.

      Sec. 11.  All prior acts or parts of acts relating to salaries and compensations of the state officers and employees specified in this act of whatever date are hereby repealed.

      Sec. 12.  All salaries and compensation in this act provided shall be in full payment for all services rendered to the state.

      Sec. 13.  In addition to the salaries fixed by this act each of the officers and employees named herein shall receive additional compensation at the rate of ten (10%) percent of such salaries, which additional compensation at said rate shall be included in and paid by the salary warrants issued to such officers and employees; provided, that such additional compensation of ten (10%) percent shall automatically expire on June 30, 1949.

      Sec. 14.  This act shall be effective from and after July 1, 1947.

 

________

 

CHAPTER 214, AB 702

 

[Assembly Bill No. 207–Messrs. Free, Norstrom, Higgins, Englestead, Warner, Gray, and Jepson]

 

Chap. 214–An Act to amend an act entitled “An act to amend section 8 of an act entitled ‘An act to provide a general highway law for the State of Nevada,’ approved March 23, 1917; together with acts amendatory thereof or supplementary thereto,” approved March 22, 1945.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 8 of the above-entitled act, being section 5327 N. C. L. 1929, as amended, Statutes of 1945, page 275, is amended to read as follows:

      Section 8.  The highways which are constructed or improved by the department of highways in accordance with the routes set forth and described in this section shall be state highways and shall be constructed or improved and maintained by the department of highways; provided, that the funds available to the state through the act of Congress or other federal acts may be used therefor; and provided further, that when such federal funds are made available under section 8 of said act of Congress, or other federal act or acts authorizing the use of federal funds to build roads in the national forests, the board is authorized and empowered to set aside for the purpose and to expend said highway funds on state highways built by the federal government.


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

ê1947 Statutes of Nevada, Page 703 (Chapter 214, AB 702)ê

 

with the routes set forth and described in this section shall be state highways and shall be constructed or improved and maintained by the department of highways; provided, that the funds available to the state through the act of Congress or other federal acts may be used therefor; and provided further, that when such federal funds are made available under section 8 of said act of Congress, or other federal act or acts authorizing the use of federal funds to build roads in the national forests, the board is authorized and empowered to set aside for the purpose and to expend said highway funds on state highways built by the federal government. Such state highway routes are hereby designated and are set forth and described as follows:

      Route 1.  Beginning at a point on the Utah-Nevada state line near Wendover, thence in a westerly direction through the towns of Wells, Elko, Carlin, Battle Mountain, Winnemucca, Lovelock, Fernley, and Wadsworth to the city of Reno; thence westerly through the town of Verdi to a connection with the California state highway system.

      Route 1a.  Beginning at a point on route 1 at or near Miriam, thence by the most direct and feasible route to Fallon; thence by the most direct and feasible route to a connection with route 3 at or near Schurz.

      Route 1b.  Beginning at a point on route 1 in the town of Fernley, Lyon County, thence in a southerly direction to a connection with route 2b, hereinafter described, at the Towle ranch.

      Route 1c.  Beginning on route 2a, at a point 3.4 miles west of the intersection with route 1b, thence southeasterly to a connection with route 1b four miles more or less north of the Towle ranch.

      Route 2.  Beginning at a point on the Utah-Nevada state line near Ibapah, Utah, thence in a southwesterly direction to the city of Ely; thence westerly through the towns of Eureka, Austin, Fallon, and Hazen to a connection with route 1 at a point near Fernley.

      Route 2a.  Beginning at a point on route 2 at or near Leeteville, Churchill County, thence via Lahontan and Dayton to a connection with route 3 in Carson City.

      Route 2b.  Beginning at a point on route 2a approximately five miles northeast of Dayton, thence in an easterly direction to the Towle ranch near Fort Churchill; thence southerly through the town of Wabuska to a connection with route 3 in the city of Yerington.

      Route 2c.  Beginning at a point in the city of Yerington, Lyon County, where route 3 (or Main street) intersects Bridge street in said city of Yerington, thence east one mile along East Bridge street; thence southeasterly through the so-called Reese river pass to a connection with route 3, again, at or near Lakeview on Walker Lake, Mineral County.

State highways to be constructed; federal funds made available

 

 

 

 

 

 

State highway routes designated


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

ê1947 Statutes of Nevada, Page 704 (Chapter 214, AB 702)ê

 

State highway routes designated

so-called Reese river pass to a connection with route 3, again, at or near Lakeview on Walker Lake, Mineral County.

      Route 3.  Beginning at a point on route 1 in the city of Reno, thence southerly through Carson City to a point approximately three miles southerly therefrom; thence westerly to Lake Tahoe, near Glenbrook; thence in a southerly direction to a connection with the California state highway system at or near Lakeside; beginning again at a point approximately three miles south of Carson City, thence to the city of Yerington by way of Minden, Gardnerville, and Wellington; thence to the northerly end of Walker lake by the most available and practicable route, thence along the west side of Walker lake to the town of Hawthorne; thence to and through the towns of Luning and Mina to the town of Tonopah; thence southerly through the town of Goldfield to a point approximately fifteen miles southerly; thence westerly by way of Lida and Palmetto canyon to a connection with the California state highway system.

      Route 3a.  Beginning at a point on route 15, hereinafter described, approximately seven miles west of Coaldale, thence in a southerly direction through Fish Lake valley to a connection with the California state highway system.

      Route 3b.  Beginning at a point on route 3 approximately five miles southerly from its junction with routes 17 and 27, thence southerly via the east side of Washoe lake, connecting again with route 3 at a point approximately three miles north of Carson City.

      Route 3c.  Beginning at a point on route 3 approximately seven miles south of Yerington, thence southeasterly and southerly along or near the East Walker river to Wichman; thence southerly to the Nevada-California state line en route to Bodie, California.

      Route 4.  Beginning at a point on route 2 in the city of Ely, thence in a general southwesterly direction to a connection with route 3 in the town of Tonopah.

      Route 5.  Beginning at a point on route 3 approximately fifteen miles southerly from Goldfield, thence southeasterly to Beatty; thence to Las Vegas; thence through Searchlight to a connection with the California state highway system.

      Route 5a.  Beginning at a point on route 5 at the intersection of Bonanza road and Main street in the city of Las Vegas, thence southeasterly along or near Bonanza road to a connection with route 6b, hereinafter described, at Fifth street.

      Route 5b.  Beginning at a point on route 5a in the city of Las Vegas at or near its junction with Second street extended, thence southwesterly along or near Second street to a connection with route 5 at Fremont avenue.


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

ê1947 Statutes of Nevada, Page 705 (Chapter 214, AB 702)ê

 

      Route 5c.  Beginning at a point on route 5 near the junction of Bonanza road and Tonopah drive in the city of Las Vegas, thence southerly to Charleston boulevard; thence easterly along Charleston boulevard to a connection with route 5, again, near the east city limits of Las Vegas.

      Route 6.  Beginning at the Arizona-Nevada state line near Mesquite, thence southwesterly through Las Vegas and Jean to a connection with the California state highway system.

      Route 6a.  Beginning at a point on route 6 at or near the junction of First and Fifth streets in the city of Las Vegas, thence northerly to and along Main street to a connection with route 6, again, at Fremont avenue.

      Route 6b.  Beginning at a point on route 6 at the intersection of Fifth street and Fremont avenue in the city of Las Vegas, thence northerly along or near Fifth street to a connection with route 6, again, near the north city limits of Las Vegas.

      Route 6c.  Beginning at a point on route 6 approximately three miles south of the south city limits of Las Vegas, thence northeasterly to an intersection with route 5 near the east city limits of Las Vegas; thence northerly to a connection with route 6, again, approximately one and one-half miles northeast of the north city limits of Las Vegas.

      Route 7.  Beginning at a point on route 2 in the city of Ely, thence southerly through Pioche to Caliente; thence through Crystal Springs to Alamo in Lincoln County, thence to Moapa in Clark County to a connection with route 6 at or near Glendale.

      Route 8.  Beginning at a point on route 1 in the city of Winnemucca, thence northerly on the most feasible route via Paradise hill to a connection with the Oregon state highway system at McDermitt.

      Route 8a.  Beginning on route 8 at or near Paradise hill, thence northwesterly by the most feasible route through Amos, Quinn river crossing; and thence to Denio; thence westerly through Thousand creek to Massacre lake; thence westerly through Vya and the ’49 Station to a connection with the California state highway system; beginning again in Battle Mountain on route 1; thence in a southerly direction over what is known as the Jenkins highway along the east side of Reese river valley to a connection with route 2 near Austin; thence easterly along route 2 to the mouth of Blackbird canyon; thence southerly through Big Smoky valley by the most feasible route to a connection with route 4 near Tonopah.

      Route 8b.  Beginning at the south base of Paradise hill in Humboldt County on route 8, thence through Paradise valley to Indian creek in the Santa Rosa national forest by the most feasible and direct route.

State highway routes designated


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

ê1947 Statutes of Nevada, Page 706 (Chapter 214, AB 702)ê

 

State highway routes designated

      Route 9.  Beginning at the junction of routes 1 and 3 in the city of Reno, thence northerly to a connection with the California state highway system near Purdy.

      Route 10.  Beginning at a point approximately eight miles south of Mina, thence southwesterly by way of Montgomery pass to a connection with the California state highway system.

      Route 11.  Beginning at a point on the Idaho-Nevada state line near Owyhee, thence in a southerly direction via White Rock, Deep creek, and Independence valley to a connection with route 1 in the city of Elko; thence easterly on route 1 to a point at or near Halleck; thence southeasterly through Secret pass to a connection with route 13, hereinafter described.

      Route 11a.  Beginning at a point on the Idaho-Nevada state line at or near Owyhee, thence in a southeasterly direction to Mountain City in Elko County; thence in a southerly direction to a connection with route 11 at or near Deep creek in said Elko County.

      Route 12.  Beginning at a point on route 6 approximately three miles east of the Muddy river, thence in a southeasterly direction through Logandale and Overton to Lake Mead.

      Route 13.  Beginning at a point on the Idaho-Nevada state line north of Contact, thence southerly through Contact to a connection with route 1 in Wells; thence continuing southerly to a connection with route 24, hereinafter described, at a point approximately five miles south of Elko-White Pine County line.

      Route 14.  Beginning at a point on route 7 at or near Connor’s pass, thence in an easterly direction to a connection with the Utah state highway system near Baker, Nevada.

      Route 15.  Beginning on route 3 at Coaldale, thence westerly to a connection with route 10 at or near Basalt.

      Route 16.  Beginning at a point on route 5 at or near what was formerly known as Amargosa station, thence southerly through or near Johnnie Town; thence southerly through Pahrump valley to a connection with the California state highway system at or near the thirty-sixth parallel.

      Route 17.  Beginning at a point on route 3 approximately ten miles south of Reno, thence through Virginia City to a connection with route 2a at or near Mound House.

      Route 18.  Beginning at a point on route 11 at or near the town of Tuscarora, thence by the most feasible route to Midas; thence southwesterly by the most feasible and practicable route to a connection with route 1 at or near Golconda.


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

ê1947 Statutes of Nevada, Page 707 (Chapter 214, AB 702)ê

 

      Route 19.  Beginning at a point on route 3 near the California-Nevada state line at the south end of Lake Tahoe, thence easterly through Kingsbury canyon toward the town of Genoa; thence by the most feasible route to a connection with route 3 near Minden; thence southerly along route 3 to a point south of Holbrook; thence southerly near Topaz lake to a connection with the California state highway system near Coleville, California.

      Route 20.  Beginning at a point on route 1 about six miles north of Palisade, thence southerly through Palisade and Pine valley; thence by the most feasible and direct route to the town of Eureka; thence from a point on route 2 near the east Eureka County line to Fish creek; thence by the most direct and feasible route to a connection with route 4 at Callaway’s ranch.

      Route 21.  Beginning at a point on route 1 between Dunphy and Primeaux, thence to Beowawe; thence along the most feasible route via Tenabo to Cortez; thence southwesterly on the most feasible route through Grass Valley to a connection with route 2 near Austin; thence westerly along route 2 approximately fifteen miles to a connection with the Austin-Ione post road; thence along the Austin-Ione post road to Ione.

      Route 22.  Beginning at a point on route 3 at or near Wellington, thence southerly by the most feasible route to Sweetwater; thence southwesterly to a connection with the California state highway system leading to Bridgeport, California.

      Route 23.  Beginning at a point near Luning on route 3, thence northerly to Quartz mountain; thence northerly along the most feasible route to a connection with route 2 in Churchill County.

      Route 24.  Beginning at a point on route 1 near Wendover, thence in a southwesterly direction to a connection with route 2 in Steptoe valley between Magnuson’s ranch and Currie.

      Route 25.  Beginning at a point east of Tonopah on route 4, thence easterly to a connection in Lincoln County with route 7 at Crystal springs; beginning again at a point on route 7 near Panaca, thence through the town of Panaca to a connection with the Utah state highway system.

      Route 26.  Beginning at a point on route 5, approximately eighteen miles southeast of Las Vegas, thence by the shortest and most feasible route through Boulder City to a connection with the Arizona state highway system at the Boulder dam.

      Route 27.  Beginning at a point on route 3 near Steamboat Springs, thence in a westerly direction by the shortest and most feasible route to a connection with route 28, hereinafter described, near Incline.

State highway routes designated


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

ê1947 Statutes of Nevada, Page 708 (Chapter 214, AB 702)ê

 

State highway routes designated

      Route 28.  Beginning at a point on route 3 at Spooners, thence northerly along the east side of Lake Tahoe to a connection with the California state highway system near Cal-neva.

      Route 29.  Beginning at a convenient point between Carrara and Rosewell on route 5, thence southwesterly to a connection with the California state highway system near Death Valley Junction, California.

      Route 30.  Beginning at the Utah-Nevada state line near Montello, thence southwesterly through Montello and Cobre to a connection with route 1 near Oasis.

      Route 31.  Beginning at a point on route 3 in or near the city of Hawthorne, thence southerly and westerly along the approximate location of the navy power line to the Nevada-California state line en route to the Mono lake area.

      Route 32.  Beginning at the intersection of Eighth street and route 1 in the city of Sparks, thence north on Eighth street to a connection with route 33, hereinafter described, near Wedekind.

      Route 32a.  Beginning at the intersection of Prater way and route 1 in the city of Sparks, thence northeasterly on Prater way to a connection with route 32 in the city of Sparks.

      Route 33.  Beginning at the junction of Alameda avenue and route 1 in the city of Reno, thence in a northeasterly direction by the shortest and most feasible route to Pyramid lake at or near Sutcliffe.

      Route 33a.  Beginning at a point on route 1 at the junction of West Fourth street and Sierra street in the city of Reno, thence northerly and southerly on Sierra street to a connection on the north with route 9 near the north Reno city limits and to a connection on the south with route 3 near the south Reno city limits.

      Route 33b.  Beginning at a point on route 3 at the junction of South Virginia street and Second street in the city of Reno, thence westerly along West Second street to a connection with route 1 near the west Reno city limits.

      Route 34.  Beginning on route 1 at Wadsworth, thence in a northerly direction through Nixon and passing between Pyramid and Winnemucca lakes to Gerlach; thence by the shortest and most feasible route to an intersection with route 8a near Vya; thence northerly to the Nevada-Oregon state line.

      Route 34a.  Beginning at a point on route 34 approximately twenty miles northerly from Vya, thence easterly through Sheldon national antelope refuge to a connection with route 8a near the Washoe-Humboldt County line.

      Route 35.  Beginning at a junction on route 2 fourteen miles north of Magnuson’s ranch, thence in a westerly direction by the shortest and most feasible route to Cherry Creek.


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

ê1947 Statutes of Nevada, Page 709 (Chapter 214, AB 702)ê

 

miles north of Magnuson’s ranch, thence in a westerly direction by the shortest and most feasible route to Cherry Creek.

      Route 36.  Beginning at a point on route 3 approximately three miles south of Carson City, thence in a southeasterly direction to the Stewart Indian institute.

      Route 37.  Beginning on route 3 approximately one-half mile northwest of Minden, thence in a southerly direction by the shortest and most feasible route to a connection with the California state highway system near Woodfords, California.

      Route 38.  Beginning at a point on route 4 approximately twenty-three miles southwest of Ely, thence in a southerly direction through Preston and Lund, via Sunnyside and Hiko to a connection with route 25 near Crystal springs.

      Route 39.  Beginning at a point on route 5 approximately fifteen miles northwest of Las Vegas, thence in a westerly direction by the shortest and most feasible route to Mount Charleston park.

      Route 40.  Beginning on route 6 at or near Crystal, thence in an easterly direction through the Valley of Fire to a connection with route 12 near Lake Mead.

      Route 41.  Beginning on route 40 at or near the Valley of Fire, thence in a southwesterly direction via Bitter Springs valley and Las Vegas wash to a connection with route 5 between Las Vegas and Boulder City.

      Route 41a.  Beginning at the West End chemical mine, thence southwesterly to a junction with route 41.

      Route 42.  Beginning at a point on route 2 approximately one-half mile east of Fallon, thence easterly and northeasterly by the shortest and most feasible route to Stillwater.

      Route 43.  Beginning at a point on route 11a near Mountain City, thence in a southerly direction via Owyhee canyon and Johnson ranch by the shortest and most feasible route to a connection with route 11 at or near Weiland, Nevada.

      Route 44.  Beginning at a point on route 2 at Keystone, thence in a westerly direction to Ruth, with a spur connection to Kimberly.

      Route 45.  Beginning at a point on route 17 approximately two miles north of Virginia City, thence in a northerly direction to a connection with route 1 approximately six miles east of Sparks.

      Route 46.  Beginning at a point on route 1 in the city of Elko, thence in a southerly direction through or near Jiggs, Huntington valley, Railroad canyon, and Diamond valley to a connection with route 2 at or near Eureka.

      Route 47.  Beginning at a point on route 3 near Blair Junction, thence southerly to Silver Peak; thence southwesterly to Nivloc.

State highway routes designated


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

ê1947 Statutes of Nevada, Page 710 (Chapter 214, AB 702)ê

 

State highway routes designated

      Route 48.  Beginning at a point on route 1 at or near Lovelock, thence in a northwesterly direction along a route near Seven Troughs to a connection with route 34 at or near Gerlach.

      Route 49.  Beginning at or near Winnemucca on route 1, thence in a westerly direction through or near Jungo and Sulphur by the shortest and most feasible route to a connection with route 48 near Gerlach.

      Route 50.  Beginning at a point on route 1 between Imlay and Mill City, thence in a southerly direction through or near Unionville; thence southerly through Spring valley and Spring valley canyon; thence through Limerick canyon to an intersection with the Rochester road; thence westerly to a connection with route 1 near Oreana.

      Route 51.  Beginning at a point on route 17 near Silver City, thence in an easterly direction to a connection with route 2a in Dayton.

      Route 52.  Beginning at a point near Owens on route 5, thence via Lee’s canyon, Clark canyon, and Pahrump ranch to a connection with the California state highway system.

      Route 53.  Beginning on route 6 near Jean, thence in a westerly direction through Goodsprings and Sandy to a connection with the California state highway system.

      Route 54.  Beginning on route 7 one mile north of Panaca, thence in a northwesterly direction to Cathedral gorge.

      Route 55.  Beginning on route 7 approximately one mile west of Caliente, thence south and east to Kershaw canyon-Ryan state park.

      Route 56.  Beginning in Gardnerville on route 3, thence southwesterly to a connection with route 37 at Centerville.

      Route 57.  Beginning at Genoa, thence easterly to a connection with route 3 approximately five miles north of Minden.

      Route 58.  Beginning at a point on route 5 in Beatty, thence southwesterly via Daylight pass to a connection with the California state highway system near Death Valley national monument.

      Route 59.  Beginning at a point on route 1 in the city of Lovelock, thence southerly a distance of approximately seven miles.

      Route 60.  Beginning at a point on route 5 approximately ten miles south of Railroad pass in Clark County, thence southeasterly to Nelson; thence easterly by way of Eldorado canyon to the Colorado river; beginning again at Nelson, thence southwesterly to a connection with route 5, again, approximately six miles north of Searchlight.

      Route 61.  Beginning at a point on route 1a approximately one mile south of Fallon, thence westerly along Scheckler lane one mile; thence southerly one mile; thence westerly two and one-half miles; beginning again at a point two miles east of the west extremity of the last-described course, thence southerly approximately one-half mile.


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

ê1947 Statutes of Nevada, Page 711 (Chapter 214, AB 702)ê

 

lane one mile; thence southerly one mile; thence westerly two and one-half miles; beginning again at a point two miles east of the west extremity of the last-described course, thence southerly approximately one-half mile.

      Route 62.  Beginning at a point on route 2 approximately one mile south of Fallon, thence easterly one mile; thence southeasterly approximately two miles.

      Route 63.  Beginning at a point on route 3 approximately two miles south of Reno, thence easterly approximately one and one-half miles to United airport.

      Route 64.  Beginning at a point on route 3 approximately three miles south of Reno, thence southeasterly a distance of approximately two miles along what is known as Peckham lane.

      Route 65.  Beginning at a point on route 3 in Carson City, thence easterly by way of the Nevada state prison a distance of approximately three miles; beginning again at a point approximately one-half mile east of the Nevada state prison, thence southerly and easterly through Eagle valley to the Carson river.

      Route 66.  Beginning at a point on route 1 in the city of Lovelock, thence northerly a distance of approximately two and one-half miles.

      Route 67.  Beginning at the intersection of route 1 and Alameda avenue in the city of Reno, thence southerly along Alameda avenue and Wells avenue in the said city of Reno to a connection with route 3 at or near the south Reno city limits.

      Route 68.  Beginning at a point on route 5 at Searchlight, thence westerly by the shortest and most feasible route to a connection with the California state highway system near Nipton.

      Route 69.  Beginning at a point on route 8a approximately thirty-seven miles north of its junction with route 4, thence easterly to Manhattan.

      Route 70.  Beginning at a point on route 8a approximately forty-nine miles north of its junction with route 4, thence easterly and southeasterly to Round Mountain.

      Route 71.  Beginning at a point on route 3, approximately seven and one-half miles southwest of its junction with route 5, thence southwesterly to Gold point; thence southerly and southwesterly via Oriental wash to the Nevada-California state line en route to Sand Springs, California.

      Route 72.  Beginning at a point on route 5 approximately nineteen miles southeast of its junction with route 3, thence southwesterly via Grapevine canyon to the Nevada-California line en route to “Scotty’s Castle.”

      Route 73.  Beginning at a point on state route 14 north of Baker, thence southeasterly through Baker to the Nevada-Utah state line en route to Milford, Utah.

State highway routes designated


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

ê1947 Statutes of Nevada, Page 712 (Chapter 214, AB 702)ê

 

State highway routes designated

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

New routes may be established

of Baker, thence southeasterly through Baker to the Nevada-Utah state line en route to Milford, Utah.

      Route 74.  Beginning at a point on route 73 near Baker, thence westerly to Lehman caves in Lehman caves national monument.

      Route 75.  Beginning at a point on route 25 approximately nine miles east of Panaca, thence southerly to Crestline; thence easterly to the Nevada-Utah state line en route to Enterprise, Utah.

      Route 76.  Beginning at a point on route 5 near the Nevada-California state line, thence southeasterly to Fort Mohave.

      Route 77.  Beginning at a point on route 5 near the Nevada-California state line, thence in an easterly direction to Bullshead damsite.

      Route 78.  Beginning at a point on route 6 at or near New Comstock, thence northeasterly to a connection with route 7 at or near Moapa.

      Route 79.  Beginning at a point on route 17 in Virginia City, thence easterly via Six-mile canyon to a connection with route 2a approximately five miles northeast of Dayton.

      Route 80.  Beginning at a point on route 17 in Virginia City, thence southerly through Gold Hill and Silver City to a connection with route 17 again approximately one-half mile southeast of Silver City.

      Route 81.  Beginning on route 34 at Gerlach, thence northwesterly through Squaw valley and Duck flat to Nevada-California boundary at southerly end of Surprise valley; approximately fifty-six miles.

      Route 82.  Beginning at a point on route 8a at a point approximately twelve miles north of its junction with route 4, thence northeasterly via Belmont to Potts ranch; thence via Antelope valley to a connection with route 2 approximately twenty miles west of Eureka.

      Route 83.  From the Comet Coalition mine southerly, easterly, and northerly to the Caselton mill.

      Route 84.  From the Ely Valley mine easterly to the Pioche Consolidated Mines Co. mill.

      Route 85.  From a connection with route 16 near the Nevada-California state line, easterly via the southerly end of the Spring mountains to a connection with route 5c in the city of Las Vegas.

      The state highway department may supplement the state highway system by establishing new routes into or in the vicinity of municipalities and metropolitan areas with the approval of the board of county commissioners of the county in which such change may be proposed and with the approval of the city council of any incorporated city directly affected thereby, or may change the location of existing routes when studies consummated under section 9 of the defense highway act of 1941 show such additions or changes to be necessary.


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

ê1947 Statutes of Nevada, Page 713 (Chapter 214, AB 702)ê

 

thereby, or may change the location of existing routes when studies consummated under section 9 of the defense highway act of 1941 show such additions or changes to be necessary.

      Sec. 2.  Nothing in this act shall be construed to direct or designate the order in which repairs, construction, or reconstruction shall be performed upon the routes herein designated.

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

 

 

 

Order of construction optional

 

In effect

 

________

 

CHAPTER 215, AB 461

[Assembly Bill No. 164–Committee on Aviation]

 

Chap. 215–An Act relating to aeronautics; providing for acquisition, construction, maintenance, operation, and regulation by municipalities and counties of airports and air navigation facilities within or without the state, and declaring such to be a public purpose; authorizing eminent domain proceedings; providing tax exemptions for municipal airports and income thereof; authorizing leasing of airports, supplying of services in airport operation, and liens to secure payment thereof; granting extra territorial jurisdiction; authorizing penalties for violation of municipal ordinances and regulations; providing for appropriations, levying of taxes, issuance of bonds, and acceptance of federal and state aid; validating prior acquisitions, actions and bond issues; authorizing joint action by municipalities and other public agencies; providing for mutual aid between municipalities; and to make uniform the law with reference to public municipal airports.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

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

      (a) “Airport” means any area of land or water which is used for the landing and take-off of aircraft, and any appurtenant areas which are used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

      (b) “Air navigation facility” means any facility, other than one owned and operated by the United States, used in, available for use in, or designated for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, marker, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Words and phrases defined


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

ê1947 Statutes of Nevada, Page 714 (Chapter 215, AB 461)ê

 

Words and phrases defined

 

 

 

 

 

 

 

 

 

 

 

Municipalities authorized to establish airports

 

 

 

 

 

 

 

 

 

 

 

Municipality may acquire property

beacons, marker, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking-off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.

      (c) “Airport hazard” means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport or is otherwise hazardous to such landing or taking-off of aircraft.

      (d) “Municipality” means any county, city, or town of this state. “Municipal” means pertaining to a municipality as herein defined.

      (e) “Person” means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.

      Sec. 2.  Every municipality is authorized, out of any appropriations or other moneys made available for such purposes, to plan, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect, and police airports and air navigation facilities, either within or without the territorial limits of such municipality and within or without the territorial boundaries of this state, to contract or otherwise provide, by condemnation if necessary, for the removal of any airport hazard or the removal or the relocation of all private structures, railways, mains, pipes, conduits, wires, cables, poles, and all other facilities and equipment which may interfere with the location, expansion, development or improvement of such airports, restricted landing areas, and other air navigation facilities, or with the safe approach thereto or takeoff therefrom by aircraft, and to pay the cost of removal or relocation, including the construction, installation, equipment, maintenance, and operation at such airports of buildings and other facilities for the servicing of aircraft or for the comfort and accommodation of air travelers, and the purchase and sale of supplies, goods, and commodities as an incident to the operation of its airport properties. For such purposes the municipality may use any available property that it may now or hereafter own or control and may, by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, acquire property, real or personal, or any interest therein, including easements in airport hazards or land outside the boundaries of an airport or airport site, as are necessary to permit safe and efficient operation of the airport or to permit the removal, elimination, obstruction (marking or obstruction) lighting of airport hazards, or to prevent the establishment of airport hazards.


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

ê1947 Statutes of Nevada, Page 715 (Chapter 215, AB 461)ê

 

airport hazards, or to prevent the establishment of airport hazards.

      Sec. 3.  The municipality may by purchase, gift, devise, lease, eminent domain proceedings, or otherwise, acquire existing airports and air navigation facilities; provided, however, it shall not acquire or take over any airport or air navigation facility owned or controlled by another municipality or public agency of this or any other state without the consent of such municipality or public agency.

      Sec. 4.  For the purposes of this act, a municipality may establish or acquire and maintain, within or bordering upon the territorial limits of the municipality, airports in, over and upon, any public waters of this state, any submerged lands under such public waters, and any artificial or reclaimed lands which, before the artificial making or reclamation thereof, constituted a portion of the submerged lands under such public waters, and may construct and maintain terminal buildings, landing floats, causeways, roadways, and bridges for approaches to or connecting with any such airport, and landing floats and breakwaters for the protection thereof.

      Sec. 5.  All air navigation facilities established or operated by municipalities shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.

      Sec. 6.  In the acquisition of property by eminent domain proceedings authorized by this act, the municipality shall proceed in the manner provided by sections 9153-9176, inclusive, 1929 N. C. L. 1941 Supplement, as amended; provided, that the municipality exercising such power shall, in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal or relocation of any structure, railways, mains, pipes, conduits, wires, cables, poles or any public utility which is required to be moved to a new location. For the purpose of making surveys and examinations relative to any eminent domain proceedings, it shall be lawful to enter upon any land, doing no unnecessary damage.

      Sec. 7.  Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to section 17 of this act, every municipality may by sale, lease, or otherwise, dispose of any airport, air navigation facility, or other property, or portion thereof or interest therein, acquired pursuant to this act. Such disposal by sale, lease, or otherwise shall be in accordance with the laws of this state, or provisions of the charter of the municipality, governing the disposition of other property of the municipality, except that in the case of disposal to another municipality or agency of the state or federal government for aeronautical purposes incident thereto, the sale, lease, or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality.

 

May acquire airports

 

 

 

 

Airports may be established, where

 

 

 

 

 

 

Coordination with federal facilities

 

Power of eminent domain

 

 

 

 

 

 

 

Municipality may dispose of airport


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

ê1947 Statutes of Nevada, Page 716 (Chapter 215, AB 461)ê

 

 

 

 

 

Municipality may enter into contracts; nature of contracts

 

 

 

 

 

 

 

 

 

 

 

 

Airports may be operated by agent

 

Limitation of contract

 

 

 

Liens for charges enforceable

 

 

 

Authority of municipality may be vested in officer

state or federal government for aeronautical purposes incident thereto, the sale, lease, or other disposal may be effected in such manner and upon such terms as the governing body of the municipality may deem in the best interest of the municipality.

      Sec. 8.  In operating an airport or air navigation facility owned, leased, or controlled by a municipality, such municipality may, except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to section 17 of this act, enter into contracts, leases, and other arrangements with any persons.

      (a) Granting the privilege of using or improving such airport or air navigation facility or any portion or facility thereof, or space therein for commercial purposes;

      (b) Conferring the privilege of supplying goods, commodities, things, services or facilities at such airport or air navigation facility; or

      (c) Making available services to be furnished by the municipality or its agents at such airport or air navigation facility.

      In each case the municipality may establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which shall be reasonable and uniform for the same class of privilege or service and shall be established with due regard to the property and improvements used and the expenses of operation to the municipality.

      Sec. 9.  Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to section 17 of this act, a municipality may by contract, lease, or other arrangement, upon a consideration fixed by it, grant to any qualified person the privilege of operating, as agent of the municipality or otherwise, any airport owned or controlled by the municipality; provided, that no such person shall be granted any authority to operate such an airport other than as a public airport or to enter into any contracts, leases, or other arrangements in connection with the operation of the airport which the municipality might not have undertaken under section 8 of this act.

      Sec. 10.  To enforce the payment of any charges for repairs or improvements to, or storage or care of, any personal property made or furnished by the municipality or its agents in connection with the operation of an airport or air navigation facility owned or operated by the municipality, the municipality shall have liens on such property, which shall be enforceable by the municipality as provided by law.

      Sec. 11.  Any authority vested by this act in a municipality or in the governing body thereof, for the planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports or other air navigation facilities established, owned, or controlled, or to be established, owned or controlled by the municipality may be vested by resolution of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties shall be prescribed in the resolution; provided, however, that the expense of such planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection, and policing shall be a responsibility of the municipality.


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

ê1947 Statutes of Nevada, Page 717 (Chapter 215, AB 461)ê

 

maintenance, equipment, operation, regulation, protection, and policing of airports or other air navigation facilities established, owned, or controlled, or to be established, owned or controlled by the municipality may be vested by resolution of the governing body of the municipality in an officer or board or other municipal agency whose powers and duties shall be prescribed in the resolution; provided, however, that the expense of such planning, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, protection, and policing shall be a responsibility of the municipality.

      Sec. 12.  A municipality, which has established or acquired or which may hereafter establish or acquire an airport or air navigation facility, is authorized to adopt, amend, and repeal such reasonable ordinances, resolutions, rules, regulations, and orders as it shall deem necessary for the management, government, and use of such airport or air navigation facility under its control, whether situated within or without the territorial limits of the municipality. For the enforcement thereof, the municipality may, by ordinance or resolution, as may by law be appropriate, appoint airport guards, or police, with full police powers, and fix penalties, within the limits prescribed by law, for the violation of the aforesaid ordinances, resolutions, rules, regulations, and orders. Said penalties shall be enforced in the same manner in which penalties prescribed by other ordinances or resolutions of the municipality are enforced. To the extent that an airport or other air navigation facility controlled and operated by a municipality is located outside the territorial limits of the municipality, it shall, subject to federal and state laws, rules, and regulations be under the jurisdiction and control of the municipality controlling or operating it, and no other municipality shall have any authority to charge or exact a license fee or occupation tax for operations thereon. No rule, regulation or ordinance shall be adopted, amended or changed under this act, except by action of the governing body of the municipality after a public hearing in relation thereto at which public service corporations owning facilities in the areas involved, other parties of interest, and citizens shall have an opportunity to be heard. At least fifteen days’ notice of the hearing shall be given to all public service corporations owning facilities in the area involved; and at least fifteen days’ notice of the hearing shall be published in an official paper or a paper of general circulation in the municipality or municipalities in which the airport is located.

      All ordinances, resolutions, rules, regulations, or orders which are issued by the municipality shall be kept in substantial conformity with the laws of this state, or any regulations promulgated or standards established pursuant thereto, and, as nearly as may be, with the federal laws governing aeronautics and the rules, regulations, and standards duly issued thereunder.

 

 

 

 

 

 

 

 

Municipality to adopt ordinances etc., appoint guards enforce penalties

 

 

 

 

 

 

 

 

Airports subject to federal and state law, when

 

 

Public hearing on ordinances; notice

 

 

 

 

 

 

Ordinances to conform to law


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

ê1947 Statutes of Nevada, Page 718 (Chapter 215, AB 461)ê

 

 

 

 

Right of taxation

 

 

Bonds authorized for payment of cost of acquiring airports; forms of bonds

 

 

 

 

 

 

Revenue bonds, conditions of

 

 

Bonds conclusive, when

 

 

 

 

 

Prior acts and bonds of municipality validated

lations promulgated or standards established pursuant thereto, and, as nearly as may be, with the federal laws governing aeronautics and the rules, regulations, and standards duly issued thereunder.

      Sec. 13.  The governing body of any municipality having power to appropriate and raise money is hereby authorized to appropriate, and to raise by taxation or otherwise, sufficient moneys to carry out the provisions and purposes of this act.

      Sec. 14.  The cost of planning and acquiring, establishing, developing, constructing, enlarging, improving, or equipping an airport or air navigation facility, or the site therefor, including buildings and other facilities incidental to the operation thereof, and the acquisition or elimination of airport hazards, may be paid for wholly or partly from the proceeds of the sale of bonds or notes of the municipality, as the governing body of the municipality shall determine. For such purposes a municipality may issue general or special obligation bonds, revenue bonds, or other forms of bonds or notes, secured or unsecured, including refunding bonds, in the manner and within the limitations prescribed by the laws of this state or the charter of the municipality for the authorization and issuance of bonds or notes thereof for public purposes generally. Any bonds or notes issued by a municipality pursuant to this act which are payable, as to principal and interest, solely from the revenues of an airport or air navigation facility (and such bonds or notes shall so state on their face) shall not constitute a debt of such municipality within the meaning of any constitutional or statutory debt limitation or restriction. In any suit, action, or proceeding involving the security, or the validity or enforceability, of any bond or note issued by a municipality, which bond or note states on its face that it was issued pursuant to the provision of this act and for a purpose or purposes authorized by and to be accomplished by this act, such bond or note shall be conclusively deemed to have been issued pursuant to this act for such purpose or purposes.

      Sec. 15.  Any acquisition of property heretofore made, within or without the limits of any municipality or the state, for the purposes authorized by this act, and any other action heretofore taken by a municipality in furtherance of such purposes, including but not limited to the making of appropriations, the expenditure of money, the incurring of debts, the acceptance and disbursement of federal, state, or other grants or loans, the issuance and payment of bonds and notes, the execution of leases and contracts, which acquisition or action would have been authorized had this act been in effect at the time of such an acquisition or action, is hereby ratified and made valid. All bonds and notes heretofore issued in furtherance of purposes authorized by this act and actions ratified by this section are confirmed as legal obligations of the municipality, and, without prejudice to the general powers granted to the municipality by this act, such municipality is hereby authorized to issue further bonds and notes for such purposes up to the limit fixed in the original authorization therefor, which bonds and notes shall be legal obligations in accordance with their terms.


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

ê1947 Statutes of Nevada, Page 719 (Chapter 215, AB 461)ê

 

issued in furtherance of purposes authorized by this act and actions ratified by this section are confirmed as legal obligations of the municipality, and, without prejudice to the general powers granted to the municipality by this act, such municipality is hereby authorized to issue further bonds and notes for such purposes up to the limit fixed in the original authorization therefor, which bonds and notes shall be legal obligations in accordance with their terms.

      Sec. 16.  The revenues obtained by a municipality from the ownership, control, or operation of any airport or air navigation facility, including proceeds from the sale of any airport or portion thereof or air navigation facility property, shall be deposited in a special fund to be designated the “...................................airport fund,” which revenues shall be appropriated solely to, and used by the municipality for, the purposes authorized by this act.

      Sec. 17.  Every municipality is authorized to accept, receive, receipt for, disburse, and expend federal and state moneys and other moneys, public or private, made available by grant or loan, or both, to accomplish, in whole or in part, any of the purposes of this act. All federal moneys accepted under this section shall be accepted and expended by the municipality upon such terms and conditions as are prescribed by the United States and as are consistent with state law; and all state moneys accepted under this section shall be accepted and expended by the municipality upon such terms and conditions are are prescribed by the state. Unless otherwise prescribed by the agency from which such moneys were received, the chief financial officer of the municipality shall, on its behalf, deposit all moneys received pursuant to this section, and shall keep them in separate funds designated according to the purposes for which the moneys were made available, in trust for such purposes.

      Sec. 18.  A municipality is authorized to designate the state aeronautics commission as its agent to accept, receive, receipt for, and disburse federal and state moneys, and other moneys, public or private, made available by grant or loan, or both, to accomplish, in whole or in part, any of the purposes of this act; and to designate the said commission as its agent in contracting for and supervising the planning, acquisition, development, construction, improvement, maintenance, equipment, or operation of any airport or other air navigation facility. Such municipality may enter into an agreement with the said aeronautics commission prescribing the terms and conditions of the agency in accordance with such terms and conditions as are prescribed by the United States, if federal money is involved, and in accordance with the applicable laws of this state. All federal moneys accepted under this section by the state aeronautics commission shall be accepted and transferred or expended by said commission upon such terms and conditions as are prescribed by the United States.

 

 

 

 

 

 

Revenues deposited in special fund

 

 

 

 

Municipality authorized to accept and disburse federal and state moneys

 

 

 

 

 

 

 

 

State aeronautics commission may be authorized to accept or disburse moneys


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

ê1947 Statutes of Nevada, Page 720 (Chapter 215, AB 461)ê

 

 

Moneys deposited in state treasury

 

 

 

 

Contracts

 

 

Public agency and governing body defined

 

 

Powers to be exercised

 

 

 

 

 

 

Public agencies may enter into agreements; procedure

be accepted and transferred or expended by said commission upon such terms and conditions as are prescribed by the United States. All moneys received by the state aeronautics commission pursuant to this section shall be deposited in the state treasury, and unless otherwise prescribed by the agency from which such moneys were received, shall be kept in separate funds designated according to the purposes for which the moneys were made available, and held by the state in trust for such purposes.

      Sec. 19.  A municipality may enter into any contracts necessary to the execution of the powers granted it, and for the purposes provided by this act.

      Sec. 20.  For the purposes of this section, unless otherwise qualified, the term “public agency” includes municipality, as defined in this act, any agency of the state government and of the United States, and any municipality, political subdivision, and agency of another state; and the term “governing body” means the governing body of a county or municipality, and the head of the agency if the public agency is other than a county or municipality. All powers, privileges, and authority granted to any municipality by this act may be exercised and enjoyed jointly with any public agency of this state, and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise or enjoyment. If not otherwise authorized by law, any agency of the state government when acting jointly with any municipality, may exercise and enjoy all of the powers, privileges, and authority conferred by this act upon a municipality.

      Sec. 21.  Any two or more public agencies may enter into agreements with each other for joint action pursuant to the provisions of this section. Concurrent action by ordinance, resolution, or otherwise of the governing bodies of the participating public agencies shall constitute joint action. Each such agreement shall specify its duration, the proportionate interest which such public agency shall have in the property, facilities, and privileges involved, the proportion to be borne by each public agency of preliminary costs and costs of acquisition, establishment, construction, enlargement, improvement, and equipment of the airport or air navigation facility, the proportion of the expenses of maintenance, operation, regulation, and protection thereof to be borne by each, and such other terms as are required by the provisions of this section. The agreement may also provide for: amendments thereof, and conditions and methods of termination of the agreement; the disposal of all or any of the property, facilities, and privileges jointly owned, prior to or upon said property, facilities, and privileges, or any part thereof, ceasing to be used for the purposes provided in this act, or upon termination of the agreement; the distribution of the proceeds received upon any such disposal, and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint venture which remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.


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

ê1947 Statutes of Nevada, Page 721 (Chapter 215, AB 461)ê

 

to or upon said property, facilities, and privileges, or any part thereof, ceasing to be used for the purposes provided in this act, or upon termination of the agreement; the distribution of the proceeds received upon any such disposal, and of any funds or other property jointly owned and undisposed of; the assumption or payment of any indebtedness arising from the joint venture which remains unpaid upon the disposal of all assets or upon a termination of the agreement; and such other provisions as may be necessary or convenient.

      Sec. 22.  Public agencies acting jointly pursuant to this section shall create a joint board which shall consist of members appointed by the governing body of each participating public agency. The number to be appointed, their term and compensation, if any, shall be provided for in the joint agreement. Each such joint board shall organize, select officers for terms to be fixed by the agreement, and adopt and amend from time to time rules for its own procedure. The joint board shall have power to plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, regulate, protect and police any airport or air navigation facility or airport hazard to be jointly acquired, controlled and operated, to contract or otherwise provide, by condemnation if necessary, for the removal of any airport hazard or the removal or the relocation of all private structures, railways, mains, pipes, conduits, wires, cables, poles, and other facilities and equipment which may interfere with the location, expansion, development or improvement of such airports, restricted landing areas, and other air navigation facilities, or with the safe approach thereto or takeoff therefrom by aircraft, and to pay the cost of removal or relocation; and such board may exercise on behalf of its constituent public agencies all the powers of each with respect to such airport, air navigation facility or airport hazard, subject to the limitations of this section.

      (a) The total expenditures to be made by the joint board for any purpose in any calendar year shall be determined by a budget approved by the governing bodies of its constituent public agencies on or before the preceding December first.

      (b) No airport, air navigation facility, airport hazard, or real or personal property, the cost of which is in excess of sums therefor fixed by the joint agreement or allotted in the annual budget, may be acquired by the joint board; provided, that the agencies exercising such power shall, in addition to the damage for the taking, injury or destruction of property, also pay the cost of removal or relocation of any structure, railways, mains, pipes, conduits, wires, cables, poles, or any public utility which is required to be moved to a new location without the approval of the governing bodies of its constituent public agencies.

 

 

 

 

 

 

 

Public agencies to create joint board; composition; organization

 

Powers and duties

 

 

 

 

 

 

 

 

 

 

 

 

Expenditures budgeted

 

 

Cost limited by budget

 

Exception


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

ê1947 Statutes of Nevada, Page 722 (Chapter 215, AB 461)ê

 

 

 

Eminent domain proceedings

 

 

 

Board not to dispose of airport, when

 

 

 

Resolutions, etc., effective, when

 

 

 

 

 

Joint board fund created

 

 

 

Composition of fund

 

 

 

 

 

Public and governmental functions declared

public utility which is required to be moved to a new location without the approval of the governing bodies of its constituent public agencies.

      (c) Eminent domain proceedings under this section may be instituted only by authority of the governing bodies of the constituent public agencies of the joint board. If so authorized, such proceedings shall be instituted in the names of the constituent public agencies jointly, and the property so acquired shall be held by said public agencies as tenants in common until conveyed by them to the joint board.

      (d) The joint board shall not dispose of any airport, air navigation facility or real property under its jurisdiction except with the consent of the governing bodies of its constituent public agencies; provided, that the joint board may, without such consent, enter into the contract, lease or other arrangements contemplated by section 5 of this act.

      (e) Any resolutions, rules, regulations, or orders of the joint board dealing with subjects authorized by section 12 of this act shall become effective only upon approval of the governing bodies of the constituent public agencies; provided, that upon such approval, the resolutions, rules, regulations, or orders of the joint board shall have the same force and effect in the territories or jurisdictions involved as the ordinances, resolutions, rules, regulations or orders of each public agency would have in its own territory or jurisdiction.

      Sec. 23.  For the purpose of providing a joint board with moneys for the necessary expenditures in carrying out the provisions of this section, a joint fund shall be created and maintained, into which shall be deposited the share of each of the constituent public agencies as provided by the joint agreement. Each of the constituent public agencies shall provide its share of the fund from sources available to each. Any federal, state, or other contributions or loans, and the revenues obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be paid into the joint fund. Disbursements from such fund shall be made by order of the board, subject to the limitations prescribed in section 22 of this section.

      Sec. 24.  The acquisition of any land or interest therein pursuant to this act, the planning, acquisition, establishment, development, construction, improvement, maintenance, equipment, operation, regulation, protection, and policing of airports and air navigation facilities, including the acquisition or elimination of airport hazards, and the exercise of any other powers herein granted to municipalities and other public agencies, to be severally or jointly exercised, are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity; and in the case of any county, are declared to be county functions and purposes as well as public and governmental; and in the case of any municipality other than a county, are declared to be municipal functions and purposes as well as public and governmental.


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

ê1947 Statutes of Nevada, Page 723 (Chapter 215, AB 461)ê

 

exercised for a public purpose, and matters of public necessity; and in the case of any county, are declared to be county functions and purposes as well as public and governmental; and in the case of any municipality other than a county, are declared to be municipal functions and purposes as well as public and governmental. All land and other property and privileges acquired and used by or on behalf of any municipality or other public agency in the manner and for the purposes enumerated in this act shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity, and, in the case of a county or municipality, for county or municipal purposes, respectively.

      Sec. 25.  Any property in this state acquired by a municipality for airport purposes pursuant to the provisions of this act, and any income derived by such municipality from the ownership, operation, or control thereof, shall be exempt from taxation to the same extent as other property used for public purposes. Any municipality is authorized to exempt from municipal taxation any property acquired within its boundaries by a public agency of another state for airport purposes, and any income derived from such property, to the extent that such other state authorizes similar exemptions from taxation to municipalities of this state.

      Sec. 26.  In addition to the general and special powers conferred by this act, every municipality is authorized to exercise such powers as are necessarily incidental to the exercise of such general and special powers.

      Sec. 27.  Nothing contained in this act shall be construed to limit any right, power, or authority of a municipality to regulate airport hazards by zoning.

      Sec. 28.  This act shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this state and other states and of the government of the United States having to do with the subject of municipal airports.

      Sec. 29.  If any provision of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the provisions or application of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

      Sec. 30.  This act may be cited as the “Municipal Airports Act.”

      Sec. 31.  All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

      Sec. 32.  This act shall take effect immediately after its passage and approval.

 

 

 

 

 

 

 

 

 

Property exempt from taxation

 

 

 

 

 

 

Additional powers

 

 

Airport zoning unlimited

 

Uinform law

 

Constitutionality

 

 

 

Short title

Repeal

 

In effect

 

________

 

 


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

ê1947 Statutes of Nevada, Page 724ê

CHAPTER 216, AB 182

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Appropriation

 

 

In effect

[Assembly Bill No. 281–Committee on Ways and Means]

 

Chap. 216–An Act making a deficiency appropriation of one thousand seven hundred fifty ($1,750) dollars for the support of the state board of control.

 

[Approved March 31, 1947]

 

      Whereas, The forty-second session of the Nevada legislature appropriated the sum of $64,000 for the support of the state board of control, of which appropriation the sum of $14,000 was apportioned for payment of fuel, lights, and laundry; and

      Whereas, Increased costs and expenses have exceeded the amount estimated and apportioned for such fuel, lights, and laundry, and there is not a sufficient balance remaining of said apportionment to meet the needs of the board of control 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 one thousand seven hundred fifty ($1,750) dollars for the support of the state board of control, apportioned to the payment of fuel, lights, and laundry, for the remainder of the current fiscal year ending June 30, 1947.

      Sec. 2.  This act is declared to be an emergency measure, and shall be effective from and after its passage and approval.

 

________

 

CHAPTER 217, AB 391

 

 

 

 

 

 

 

 

 

 

 

Quarantine officer to investigate prevalence of insect pest; may cooperate with other entities

[Assembly Bill No. 193–Messrs. Wines, Munk, and Miller (Humboldt)]

 

Chap. 217–An Act providing for the investigation and control of injurious insect pests in the State of Nevada, and making an appropriation therefor.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state quarantine officer is hereby authorized to investigate the prevalence of Mormon crickets, grasshoppers, alfalfa weevils, and other insect pests which may be injurious to the agricultural industry in the State of Nevada, and institute and carry out such measures for their control as may be required to protect the said agricultural industry against loss. For the more efficient and economical carrying out of the provisions of this act, the state quarantine officer is hereby authorized to cooperate, financially or otherwise, with any individual, firm, or corporation, or with any political subdivision of the State of Nevada, or with any department of the Nevada or any other state government, or any agency of the federal government.


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

ê1947 Statutes of Nevada, Page 725 (Chapter 217, AB 391)ê

 

is hereby authorized to cooperate, financially or otherwise, with any individual, firm, or corporation, or with any political subdivision of the State of Nevada, or with any department of the Nevada or any other state government, or any agency of the federal government.

      Sec. 2.  For the purpose of carrying out the provisions of this act there is hereby appropriated, out of any moneys in the state treasury not otherwise appropriated, the sum of fifteen thousand dollars ($15,000) for the biennium ending June 30, 1949. The net proceeds of any sales or refunds accruing to the State of Nevada under the provisions of this act shall be forwarded by the state quarantine officer to the state treasurer in the manner provided by law; provided, that any funds so received by the state treasurer shall be available for expenditure in the same manner as the appropriation provided for in this section and in addition thereto. All claims against this appropriation shall be audited by the state quarantine officer and, if approved by him, shall be further audited and paid in the manner provided by law.

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

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

 

 

 

 

Appropriation; disposition of funds

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

CHAPTER 218, AB 872

[Assembly Bill No. 278–Committee on Ways and Means]

 

Chap. 218–An Act providing for the appointment and employment of certain officers and employees of the State of Nevada and fixing their compensation.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The appointive commissioner of the public service commission who shall devote his entire time to the business of the commission shall receive a salary at the rate of five thousand dollars ($5,000) per year; the other appointive commissioner shall receive a salary at the rate of twenty-five hundred dollars ($2,500) per year. The commission shall appoint a secretary, who shall be an expert rate man, who shall receive a salary at the rate of forty-two hundred dollars ($4,200) per year.

      Sec. 2.  The state engineer shall be appointed by the governor and shall receive a salary at the rate of five thousand dollars ($5,000) per year which shall be in full compensation for all services as such as a member of the public service commission or of any other commission.

 

 

 

 

 

 

 

 

 

 

Salaries, certain officers public service commissioners

 

Secretary

 

State engineer


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

ê1947 Statutes of Nevada, Page 726 (Chapter 218, AB 872)ê

 

 

 

Assistant, deputy and field engineer; chief clerk

 

 

 

Bank examiner

 

 

 

Deputy examiners; chief clerk

 

 

Supreme court reporter

 

 

Deputy labor commissioner

 

Governor’s secretary and clerk

 

Salaries of stenographers

for all services as such as a member of the public service commission or of any other commission. He may employ an assistant engineer at the rate of forty-two hundred dollars ($4,200) per year; a deputy engineer at the rate of thirty-four hundred fifty dollars ($3,450) per year; an office engineer at the rate of thirty-four hundred fifty dollars ($3,450) per year; a field engineer, assistant to the office engineer, at the rate of thirty-four hundred fifty dollars ($3,450) per year, and a chief clerk at the rate of twenty-eight hundred dollars ($2,800) per year. He may also employ necessary stenographers and typists at the rate fixed by general law.

      Sec. 3.  The bank examiner, known officially as superintendent of banks, shall receive a salary at the rate of five thousand dollars ($5,000) per year which shall be full compensation for his services as such and for all ex officio positions he holds or may hold. The two deputy superintendents of banks shall each receive a salary at the rate of thirty-four hundred fifty dollars ($3,450) per year. A chief clerk may be employed who shall receive a salary at the rate of twenty-nine hundred dollars ($2,900) per year. He may also employ necessary stenographers and typists at the rate fixed by general law.

      Sec. 4.  The official reporter of the supreme court shall receive a salary at the rate of thirty-three hundred ($3,300) per year in full for his services as court reporter, reporter of decisions, and stenographic clerk.

      Sec. 4a.  The deputy in the office of the labor commissioner shall receive a salary of twenty-four hundred ($2,400) dollars per year, and the clerk-stenographer shall receive compensation at the rate hereinafter set forth in this act.

      Sec. 4b.  The secretary in the governor’s office shall receive a salary of thirty-nine hundred ($3,900) dollars per year, and the clerk in the governor’s office shall receive a salary of three thousand ($3,000) dollars per year.

      Sec. 5.  Each stenographer, typist, and clerk and each assistant state librarian, unless designated under the state merit system as provided by law, employed in any of the various offices or departments of the State of Nevada and not otherwise provided by law, shall receive a salary at the rate of seventeen hundred fifty dollars ($1,750) per year during the first two years of employment, nineteen hundred fifty dollars ($1,950) during the second two years of such employment, and at the rate of twenty-one hundred dollars ($2,100) during the period after four years of such employment. Employment in any such classes in any state office or department may be aggregated from March 24, 1931, for the purpose of computing length of employment.


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

ê1947 Statutes of Nevada, Page 727 (Chapter 218, AB 872)ê

 

      Sec. 6.  In addition to the salaries fixed by the preceding sections of this act, each of the officers and employees named herein shall receive additional compensation at the rate of ten percent (10%) of such salaries, which additional compensation at said rate shall be included in and paid by the salary warrants issued to such officers and employees; provided, that such additional compensation of ten percent (10%) shall automatically expire on June 30, 1949.

      Sec. 7.  The salaries and compensation provided herein shall be in full compensation for all services rendered the state.

      Sec. 8.  The salaries fixed by this act shall be paid at the rate per year specified every half month as is provided by general law.

      Sec. 9.  All acts and parts of acts insofar as they may be in conflict with this act are hereby repealed.

      Sec. 10.  This act shall be in full force and effect from and after July 1, 1947.

Additional compensation

 

 

 

 

Full compensation

 

Semimonthly

 

Repeal

 

Effective date

 

________

 

CHAPTER 219, AB 772

[Assembly Bill No. 277–Committee on Ways and Means]

 

Chap. 219–An Act to provide for the construction, equipping, and furnishing of a new two-unit male ward building, kitchen, bakery, commissary, dining room, laundry, and central heating plant with distribution system at the Nevada state hospital for mental diseases, and for the remodeling of an existing male ward at said state hospital; authorizing the state planning board to prepare plans and specifications therefor, to advertise for, and supervise the construction of such work; providing for the financing thereof from the postwar fund; defining the duties of the board of commissioners of the Nevada state hospital for mental diseases and of the state planning board in respect thereto; and other matters relating thereto.

 

[Approved March 31, 1947]

 

      Whereas,The Nevada state hospital for mental diseases has been greatly overcrowded for many years; and

      Whereas, A careful survey of buildings and equipment reveals rapidly increasing obsolescence and decay; one ward building has had the top floor condemned by fire underwriters, another’s foundations have been weakened by deterioration of its masonry; the central heating plant and its underground feeding system is worn out and inadequate for service to existing and proposed new buildings; the kitchen and food preparation center is inefficient and dismal; the laundry building and equipment is obsolete beyond restoration; now, therefore,

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble


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ê1947 Statutes of Nevada, Page 728 (Chapter 219, AB 772)ê

 

 

 

 

 

 

New facilities for state hospital provided

 

 

 

 

 

 

 

 

Limitation of cost

 

 

Duties of state planning board; advertisement for bids, etc.

 

 

 

 

 

 

 

 

 

 

 

 

Letting of contracts

laundry building and equipment is obsolete beyond restoration; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Provision is hereby made for the construction, equipping, and furnishing of a new two-unit male ward building, kitchen, bakery, commissary, dining room, laundry, central heating plant and distribution system, and the remodeling of an existing male ward building at the Nevada state hospital for mental diseases, and to provide for the work and materials incident thereto and for the payment of the same, at an estimated cost of six hundred fifty thousand ($650,000) dollars, more adequately to care for and house the inmates confined in the Nevada state hospital for mental diseases. The said state board of hospital commissioners is hereby authorized and directed to cooperate with the state planning board in carrying out the provisions of this act.

      Sec. 2.  The cost and expenses of said construction, improvements, equipment, facilities ,and furnishings, and of all the work and materials provided for in section 1 of this act shall not exceed the sum of six hundred fifty thousand ($650,000) dollars. The state planning board shall employ competent architects to prepare and submit plans and specifications therefor to said board, and when said plans and specifications are approved by that board, and the said hospital board, said planning board shall immediately, after the approval of plans and specifications, advertise for a period of three weeks in a newspaper of general circulation in the State of Nevada for sealed bids for said construction, improvements, equipment, furnishings, heat, light, and materials provided for herein, and for the work and labor incident thereto which it is necessary to employ, all in accordance with said plans and specifications so approved, and the modifications thereof found necessary in the course of construction. Said plans and specifications so approved shall be on file at a place and time stated in said advertisement for the inspection of contractors desiring to bid thereon, and for others interested in the matter. Said planning board may so advertise for sealed bids on either the whole or on a part, or on parts of such construction, improvements, equipment, furnishings, and other work, and may let one contract for the whole thereof or separate contracts for different and separate portions thereof, at their discretion, to the lowest qualified bidder therefor. Said planning board shall let the contract or contracts herein authorized to be done to the lowest and best bidder or bidders therefor; provided, that any and all bids may, for a good reason, be rejected.


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ê1947 Statutes of Nevada, Page 729 (Chapter 219, AB 772)ê

 

      Sec. 3.  The said planning board shall pay the compensation of the architects herein provided for at the time of the acceptance of the plans and specifications prepared and presented to it by said architects, in the manner provided by law for payment of claims by said state planning board, in the amount that federal funds have been advanced by the bureau of community facilities, a division of the federal works agency, for the repayment of architects’ fees; and since same is repayable to the bureau of community facilities upon initiation of construction and therefore becomes a claim against the state, provision is hereby made for this repayment of the state treasurer upon bills approved by the planning board and audited and approved by the board of examiners of the State of Nevada as other claims against the state are paid.

      Sec. 4.  There is hereby appropriated from the state postwar fund the sum of not more than six hundred fifty thousand ($650,000) dollars or so much of said sum as may be necessary for the purpose of carrying out the provisions of this act.

      Sec. 5.  Chapter 226, Statutes of Nevada 1945, being that certain act entitled “An act providing for the construction, equipment, and furnishing of certain new buildings and facilities at the Nevada state hospital for mental diseases, defining the duties of the commission intrusted with the care and maintenance of the Nevada state hospital for mental diseases, providing an appropriation therefor, and other matters relating thereto,” approved March 26, 1945, is hereby repealed, and all of the amount appropriated by the said act and remaining unexpended is hereby reverted to the unappropriated balance of the postwar fund.

      Sec. 6.  All bills for the employment of architects and for the erection, heating and lighting, water and sewer connections of said buildings, and equipment and furnishing thereof shall be paid out of the appropriation herein provided for upon bills approved by the state planning board and audited and approved by the board of examiners of the State of Nevada, as other claims are paid.

      Sec. 7.  This act is declared an emergency measure and shall be in full force and effect from and after its passage and approval.

Compensation of architects, payable how, when

 

 

 

 

 

 

 

Appropriation

 

 

Certain acts repealed

 

 

 

 

 

 

 

Bills, how paid

 

 

 

 

In effect

 

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ê1947 Statutes of Nevada, Page 730ê

CHAPTER 220, AB 742

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Senate officers and attaches

 

 

 

 

Assembly officers and attaches

 

 

 

 

Compensation of officers and attaches

 

 

 

 

 

 

 

 

Repeal

[Assembly Bill No. 247–Committee on Legislative Functions]

 

Chap. 220–An Act to amend an act entitled “An act relating to the number of officers and attaches of the legislature of the State of Nevada, and to define their duties and specify their pay, and repealing all acts in conflict therewith,” approved January 28, 1931, as amended.

 

[Approved March 31, 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. 7290 Nevada Compiled Laws, 1931-1941 Supplement, is hereby amended to read as follows:

      Section 1.  The officers and attaches of the senate shall consist of one secretary, one assistant secretary, one sergeant-at-arms, one page, and one porter, and such other officers and attaches as shall from time to time be deemed expedient in attending to and carrying on the work of the senate efficiently.

      Sec. 2.  Section 2 of the above-entitled act, being sec. 7290.01 Nevada Compiled Laws, 1931-1941 Supplement, is hereby amended to read as follows:

      Section 2.  The officers and attaches of the assembly shall consist of one chief clerk, one assistant chief clerk, one sergeant-at-arms, two pages, one porter, and such other officers and attaches as shall from time to time be deemed expedient in attending to and carrying on the work of the assembly efficiently.

      Sec. 3.  Section 3 of the above-entitled act, being sec. 7290.02 Nevada Compiled Laws, 1931-1941 Supplement, is hereby amended to read as follows:

      Section 3.  There shall be paid to the several officers and attaches named in this act, for all services rendered by them under the provisions of this act, the following sums of money and no more: The secretary of the senate and the chief clerk of the assembly shall each receive fifteen dollars per day; the assistant secretary of the senate and the assistant chief clerk of the assembly shall each receive ten dollars per day; the sergeants-at-arms of the assembly and the senate shall each receive eight dollars per day; the pages of the assembly and the senate shall each receive five dollars per day; the porters of the senate and assembly shall each receive six dollars per day; stenographers shall receive eight dollars per day; and all other clerks or attaches shall receive seven dollars per day.

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

 

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ê1947 Statutes of Nevada, Page 731ê

CHAPTER 221, AB 102

[Assembly Bill No. 201–Mr. Beemer]

 

Chap. 221–An Act to amend an act entitled “An act providing for the creation of a state barbers’ health and sanitation board, defining the powers and duties of said board, defining certain terms, prescribing the terms and upon which licenses or certificates of registration, health and sanitation may be issued to practitioners of barbering, creating county boards and declaring their powers and duties, prescribing penalties for the violation hereof, repealing all acts and parts of acts inconsistent herewith, and other matters relating thereto,” approved March 26, 1929, as amended.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of the above-entitled act, being section 763 N. C. L. Supp. 1931-1941, as amended, Statutes of Nevada 1939, chapter 188, is further amended to read as follows:

      Section 4.  The state board of barber health and sanitation created under this act shall have authority to make reasonable rules and regulations for the administration of the provisions of this act. Said board shall conduct the examinations or delegate same to be conducted by any county administrative board hereinafter provided for, and said board shall prescribe sanitary requirements for barbershops and barber schools and set forth the qualifications and requirements for all barbers, apprentice barbers seeking to carry on the practice of barbering or operating a barbershop, or barber school, within any of the counties coming under the provisions of this act. Said board shall annually fix the examination fee which shall not be more than $25, and the annual renewal license fee which shall not be more than $5. The board shall have the power also to fix the salary of the secretary and treasurer of the board, which shall not exceed the sum of $900 per year, and to fix the amount to be paid the other two members of the board which shall not exceed $10 to each member for each executive meeting in which the other member or members were in actual attendance. After the details of organization and the placing of this act in operation, regular meetings of the board shall be held every three months. The board shall also fix the compensation of the members of the county administrative boards, which shall not exceed $5 per member per month. The board shall issue to those applicants who meet the requirements as set forth in the rules and regulations of the board a certificate of registration, health and sanitation. The board shall have power to approve, and by official order, to establish the days and hours when barber shops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the board by any organized and representative groups of barbers of at least seventy (70%) percent of the barbers of any county, and the board shall have like power to investigate the reasonableness and propriety of the hours fixed by such agreement, as is conferred by this act, and said board may fix hours for any portion of a county.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State board of barbers, powers of

 

 

 

 

 

 

Examination fee

 

Salaries


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ê1947 Statutes of Nevada, Page 732 (Chapter 221, AB 102)ê

 

Certificates; additional powers

 

 

 

 

 

 

 

Board to conduct examinations; what to include

 

 

 

 

 

 

 

Registered apprentice, qualifications of

 

 

 

 

 

 

 

 

 

 

State barbers’ health and sanitation board created

board shall have power to approve, and by official order, to establish the days and hours when barber shops may remain open for business whenever agreements fixing such opening and closing hours have been signed and submitted to the board by any organized and representative groups of barbers of at least seventy (70%) percent of the barbers of any county, and the board shall have like power to investigate the reasonableness and propriety of the hours fixed by such agreement, as is conferred by this act, and said board may fix hours for any portion of a county.

      Sec. 2.  Section 6 of the above-entitled act, being section 765 N. C. L. Supp. 1931-1941, is hereby amended to read as follows:

      Section 6.  The board shall conduct or cause to be conducted, by the district administrative board, examinations of applicants for certificates of registration to practice as registered barbers, and of applicants for certificates of registration to practice as registered apprentices, and applicants to enter barber schools to determine their fitness, not less than three times each year at such times and places as the board may determine.

      The examination of applicants for certificates of registration as registered barbers and as registered apprentices shall include both a practical demonstration and a written and oral test, and shall embrace the subjects usually taught in schools of barbering approved by the board.

      Any person is qualified to receive a certificate of registration as a registered apprentice:

      (a) Who is at least sixteen and one-half years of age; and

      (b) Who is of good moral character and temperate habits; and

      (c) Who has graduated from a school of barbering approved by the board; and

      (d) Who has passed a satisfactory examination conducted by the board to determine his fitness to practice as a registered apprentice.

      Any applicant for a certificate of registration to practice as an apprentice who fails to pass a satisfactory examination must complete a further study in a school of barbering approved by the board.

      Sec. 3.  Section 3 of the above-entitled act, being section 762 N. C. L. 1929, is hereby amended to read as follows:

      Section 3.  There is hereby created a board consisting of five members, two of whom shall be from the counties of White Pine, Lincoln, or Clark, and three of whom shall be from the other counties of the state, to be known as the state barbers’ health and sanitation board, and the governor shall appoint such board within thirty days after this act takes effect.


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ê1947 Statutes of Nevada, Page 733 (Chapter 221, AB 102)ê

 

act takes effect. The appointees shall meet within twenty days after their appointment and organize by electing a president, secretary and treasurer, and adopting reasonable rules and regulations for the transaction of business; provided, that no person shall serve as president for more than four consecutive years. The appointees shall consist of the secretary of the state board of health, one barber proprietor who employs two or more barbers, one practicing physician and surgeon, and two journeyman barbers; each of the latter shall have been a resident of the State of Nevada for a period of at least two years prior to his appointment. Of the barbers first appointed on this board one shall hold office for one year and one for two years, and thereafter the appointments shall be for a term of two years. Vacancies shall be filled by appointment for the unexpired term. The governor may remove a board member for cause and the member or members appointed to fill vacancies for any reason shall serve during the unexpired term of their predecessors.

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

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

State barbers’ health and sanitation board created

 

 

 

 

 

 

 

 

 

 

Repeal

In effect

 

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CHAPTER 222, SB 011

[Senate Bill No. 110–Senator Robbins]

 

Chap. 222–An Act to provide additional and supplemental appropriation for the construction and installation of elevator or escalator facilities in the state capitol at Carson City, Nevada, and other matters properly relating thereto.

 

[Approved March 31, 1947]

 

      Whereas, Chapter 169, Statutes of Nevada 1943, page 235, provided for the construction and installation of elevator or escalator facilities in the state capitol at Carson City, Nevada; and

      Whereas, An appropriation of twenty thousand ($20,000) dollars was therein provided; and

      Whereas, Due to increased costs of labor and materials the amount of twenty thousand ($20,000) dollars is insufficient to adequately construct and install said elevator or escalator facilities; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of any funds of the state treasury of the State of Nevada, not otherwise specifically allotted, the sum of ten thousand ($10,000) dollars as an additional and supplemental appropriation to that allowed by chapter 169, Statutes of Nevada 1943, page 235, for the construction of elevator or escalator facilities in the state capitol at Carson City, Nevada.

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Appropriation


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ê1947 Statutes of Nevada, Page 734 (Chapter 222, SB 011)ê

 

 

 

 

In effect

dollars as an additional and supplemental appropriation to that allowed by chapter 169, Statutes of Nevada 1943, page 235, for the construction of elevator or escalator facilities in the state capitol at Carson City, Nevada.

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

 

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CHAPTER 223, SB 611

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

License fee

 

Provisional license issued, when

Penalties for delay in payment of license fees

[Senate Bill No. 116–Committee on Finance]

 

Chap. 223–An Act to amend an act entitled “An act concerning slot machines, gambling games, and gambling devices; providing for the operation thereof under county and state licenses; providing for certain license fees and the use of the money obtained therefrom; prohibiting minors from playing and loitering about such games; designating the penalties for violation of the provisions thereof; and other matters properly relating thereto,” approved March 19, 1931, as amended.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 10e of the above-entitled act, being sections 3302 to 3302.16, 1931-1941 Supplement, N. C. L., as amended by chapter 248, 1945 Statutes, page 492, is hereby amended to read as follows:

      Section 10e.  The Nevada tax commission, before issuing a state gambling license shall charge and collect from each applicant a license fee equal to two (2%) percent of all the gross revenue of such applicant. No state gambling license shall be issued to any applicant, except a provisional license as provided in this act, until the license fee has been paid in full. The commission shall have power to prescribe penalties for unreasonable delays of fifteen (15) days or more in the payment of license fees, which penalties shall not be less than five dollars ($5) nor more than ten (10%) percent of the amount withheld from, or delayed in, payment, and to add said penalties to the amount due and collect the same as in the case of the collection of other charges, licenses, and penalties under this act.

      Sec. 2.  Said above-entitled act, as amended by chapter 248, 1945 Statutes, page 492, is hereby amended by adding a new section to be known as section 10ee, to read as follows:

      Section 10ee.  Prior to July 1, 1947, for the period expiring December 31, 1947; and prior to January 1, 1948, and prior to the first day of January of each year thereafter, in addition to the license provided for in sections 1 to 5, inclusive, of this act, and the state gambling license provided for in sections 10, 10a, 10b, 10c, 10d, and 10e of this act, as amended, the Nevada tax commission shall, before issuing a state gambling license, charge and collect in advance from each applicant a license fee to be determined on the following basis:

 


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ê1947 Statutes of Nevada, Page 735 (Chapter 223, SB 611)ê

 

addition to the license provided for in sections 1 to 5, inclusive, of this act, and the state gambling license provided for in sections 10, 10a, 10b, 10c, 10d, and 10e of this act, as amended, the Nevada tax commission shall, before issuing a state gambling license, charge and collect in advance from each applicant a license fee to be determined on the following basis:

      (a) Those establishments operating or to operate three games, the sum of seven hundred fifty ($750) dollars.

      (b) Those establishments operating or to operate four or five games, the sum of seventeen hundred fifty ($1,750) dollars.

      (c) Those establishments operating or to operate six or seven games, the sum of three thousand ($3,000) dollars.

      (d) Those establishments operating or to operate eight to ten games, inclusive, the sum of six thousand ($6,000) dollars.

      (e) Those establishments operating or to operate eleven to thirteen games, inclusive, the sum of ten thousand ($10,000) dollars.

      (f) Those establishments operating or to operate fourteen to twenty games, inclusive, the sum of twenty thousand ($20,000) dollars.

      (g) Those establishments operating or to operate twenty-one games or more, the sum of thirty thousand ($30,000) dollars.

      In computing the number of games operated or to be operated by an applicant hereunder, a license authorizing the receiving of bets or wagers on horse races held without the State of Nevada, as authorized and provided for under chapter 57, 1941 Statutes, page 64, shall be construed as and deemed a game within the meaning of this section.

      Except for the period expiring December 31, 1947, all licenses shall be issued for the calendar years beginning January first and expiring December thirty-first and regardless of the date of application or date of issuance of the license, the fees to be charged and collected under the provisions of this section shall be those fees herein fixed as annual license fees. In the event any licensee desires to enlarge his operations during the calendar year, he shall, after his application is approved, be charged the full annual fees for the number of games for which he desires a license under this section, and shall be entitled to credit thereon for the annual fee he may have previously paid under this section for the same calendar year for a lesser number of games.

      Card games, that is, stud or draw poker, bridge, whist, solo, low ball, and panguingui for money, and slot machines when not utilized as an adjunct to or a unit of any banking, percentage of mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.

Advance license fees to be collected, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Horse race deemed a game

 

 

License issued, when

 

 

 

 

 

 

 

 

Gambling games deemed excepted


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ê1947 Statutes of Nevada, Page 736 (Chapter 223, SB 611)ê

 

 

 

 

 

One operation, what is

 

 

One-half fee, when

 

 

Sheriff not issue license, when

 

 

 

 

 

Revocation of license, when

 

 

 

 

 

 

 

 

 

Effective date

when not utilized as an adjunct to or a unit of any banking, percentage of mechanical device or machine, shall not be construed as a gambling game under the provisions of this section.

      All games operated or conducted in one room or a group of rooms in the same or contiguous building shall be construed as one operation hereunder and the license to be paid shall be determined on the aggregate number of games in each room or a group of rooms in the same or contiguous building.

      The license fees to be paid for the first six months’ period, expiring December 31, 1947, shall be one-half of the license fees designated as annual fees, regardless of the date of application or issuance of license within such period.

      The sheriff of any county shall not issue the licenses provided for in sections 1 to 5 of this act unless the applicant for such licenses shall first have obtained from the Nevada tax commission the licenses as provided in this section.

      Sec. 3.  Said above-entitled act, as amended by chapter 248, 1945 Statutes, page 492, is hereby amended by adding a new section to be known as section 10ff, to follow immediately after section 10f of said act, as amended, to read as follows:

      Section 10ff.  Whenever the Nevada tax commission shall have reasonable grounds to believe that any licensee under this act has violated any of the provisions of said act, or knowingly permitted another to violate any of the provisions of said act on his licensed premises, it shall have the power to cite said licensee on due notice in writing to appear before it and show cause why the license of said licensee should not be revoked. If upon such hearing the commission shall be satisfied that the licensee has committed or knowingly permitted a violation of any of the provisions of this act, it shall have the power to revoke the license of such licensee summarily. Any such revocation so made shall become and remain effective until reversed or modified by a court of competent jurisdiction. The provisions of this section shall be construed as supplemental to and in addition to any other penalties prescribed in this act for the violation of the provisions of said act.

      Sec. 4.  This act shall be in full force and effect from and after July 1, 1947.

 

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ê1947 Statutes of Nevada, Page 737ê

CHAPTER 224, SB 69

[Senate Bill No. 96–Senator Tallman]

 

Chap. 224–An Act to amend an act entitled “An act providing for the incorporation of cities, their classification, the establishment and alteration of their boundaries, the government and disincorporation thereof, and repealing all acts in conflict therewith,” approved March 27, 1907, as amended.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 54 of the above-entitled act, the same being section 1155 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 54.  No person not a licensed and practicing attorney of the supreme court of this state, in good standing at the bar and a bona fide resident of the city for at least one year preceding his election or appointment, shall be eligible to the office of city attorney. In cities of the third class the mayor may, at his discretion, by and with the consent of the council, appoint a city attorney; provided, that in cities of the third class the mayor, with the consent of the city council may appoint as city attorney any qualified attorney who has resided in the said city for three months preceding the date of his appointment; and provided further, that, if there is no duly licensed and practicing attorney in good standing at the bar within the city, the mayor, with the consent of the city council, may appoint some other attorney within the State of Nevada to fulfill the duties of said office until some other qualified attorney can be appointed.

      The city attorney shall be the legal advisor of the council and all officers of the city in all matters respecting the affairs of the city. He shall act as the attorney for the city in any and all legal proceedings in any and all courts in which the city is a party or interested. He shall prosecute in the proper courts for all offenses against the provisions of this charter, the ordinances of said city, and shall perform such other and further duties as may be required of him by the council or prescribed by ordinance. He shall be present at all meetings of the council, draw all ordinances, orders, rules, and resolutions required by the council. He shall verify and file for record all claims of the city for liens for assessments imposed for street improvements which remain unpaid, and shall preserve, protect, and enforce the rights of the city by prosecuting suits for the foreclosure of the same in the proper courts, and shall receive all moneys paid in by delinquents or otherwise realized in such proceedings, and shall, without delay, pay over all such moneys to the city clerk.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City attorney, qualifications of

 

 

 

 

Exception

 

 

 

 

Legal advisor of all city officers


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ê1947 Statutes of Nevada, Page 738 (Chapter 224, SB 69)ê

 

Additional counsel, when

 

 

In effect

The council may, in the exercise of its sound discretion, employ counsel to aid the city attorney whenever in its judgment the public interests shall require such employment, and the expense thereof shall be allowed and paid in the same manner as other claims against the city.

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

 

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CHAPTER 225, SB 431

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duties of commission

[Senate Bill No. 134–Senator Tallman]

 

Chap. 225–An Act to amend an 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 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 7 of the above-entitled act, being section 1443.07, 1929 N. C. L. 1941 Supp., as amended by chapter 148, page 209, 1943 Statutes of Nevada, is hereby amended to read as follows:

      Section 7.  The duties of said commission shall be: To collect and arrange all data and information connected with the Colorado river and its tributaries which may affect or be of interest to the State of Nevada; to represent and act for the State of Nevada in the negotiation and execution of contracts, leases or agreements for the use or exchange of power and for the use of electrical generating machinery and power transmission lines both within and outside of the State of Nevada, but solely for use within the State of Nevada; to present the same to the governor for his information and approval; to represent the State of Nevada in such interstate or other conferences or conventions as may be called for the consideration of the development of reclamation and power projects connected with the Colorado river or its tributaries, or in connection with Boulder or other federally operated dams; to render the friendly cooperation of the State of Nevada to such constructive enterprises as look to the conservation of the waters of the Colorado river and its tributaries and the development of power thereon; to render friendly cooperation and to negotiate with, cooperate with, and invite industries for the purpose of establishing the same within the State of Nevada; to negotiate with the representatives of other states and the United States in an endeavor to equitably settle and define the rights of the states and of the United States in the water of the Colorado river and its tributaries; to make and enter into agreements, compacts, or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho, and Wyoming, either jointly or severally, which said agreements, compacts, or treaties, however, will not become binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada; to report to the governor such measures and legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from the water of said river allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Boulder dam or elsewhere within the Colorado river stream system or from any private or federal power development upon other rivers in the western United States for use in the State of Nevada; to cooperate with and to establish, conduct and maintain in conjunction with other states or federal agencies, power, water, and irrigation projects.


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ê1947 Statutes of Nevada, Page 739 (Chapter 225, SB 431)ê

 

within the State of Nevada; to negotiate with the representatives of other states and the United States in an endeavor to equitably settle and define the rights of the states and of the United States in the water of the Colorado river and its tributaries; to make and enter into agreements, compacts, or treaties between the State of Nevada and the States of Arizona, California, Colorado, New Mexico, Utah, Washington, Oregon, Idaho, and Wyoming, either jointly or severally, which said agreements, compacts, or treaties, however, will not become binding upon the State of Nevada until ratified and approved by the legislature and governor of the State of Nevada; to report to the governor such measures and legislative action as may be deemed necessary to secure to the people of Nevada all possible benefits from the water of said river allocated to or contracted by the State of Nevada and the power allocated to or contracted by the State of Nevada to be generated at Boulder dam or elsewhere within the Colorado river stream system or from any private or federal power development upon other rivers in the western United States for use in the State of Nevada; to cooperate with and to establish, conduct and maintain in conjunction with other states or federal agencies, power, water, and irrigation projects.

      Said commission is hereby empowered to receive, protect, and safeguard and hold in trust for the State of Nevada all water and water rights, and all other rights, interests, or benefits in and to the waters of the Colorado river and to the power generated thereon, now held by or which may hereafter accrue to the State of Nevada under and by virtue of any act of the Congress of the United States or any compacts or treaties between states to which the State of Nevada may become a party, or otherwise.

      Said commission shall hold and administer all rights and benefits, pertaining to the distribution of the power in this act mentioned for the State of Nevada, and is hereby empowered to lease, sublease, let, sublet, contract, or sell the same on such terms as such commission shall determine; and provided further, that every applicant for power to be used within the State of Nevada shall, before said application is approved, provide an indemnifying bond by a corporation qualified under the laws of this state, or other collateral, approved by the state board of examiners, payable to the State of Nevada in such sum and in such manner as the commission may require, conditioned for the full and faithful performance of such lease, sublease, contract, or other agreement; provided, however, that the said power shall not be sold for less than the actual cost to the State of Nevada as determined by the secretary of the interior of the United States; and provided further, that before any such sale or lease is made, the same shall be advertised in two papers of general circulation published in the State of Nevada for a period of once a week for two weeks; and provided further, that said commission shall require any person desiring to make objection thereto to file said objection with the secretary of said board within ten days after the date of the last publication of said notice.

Duties of commission

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional duties


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

ê1947 Statutes of Nevada, Page 740 (Chapter 225, SB 431)ê

 

Additional duties

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All revenues deposited in state treasury; respective funds

 

 

 

 

 

 

 

 

Revenues, how disbursed

States; and provided further, that before any such sale or lease is made, the same shall be advertised in two papers of general circulation published in the State of Nevada for a period of once a week for two weeks; and provided further, that said commission shall require any person desiring to make objection thereto to file said objection with the secretary of said board within ten days after the date of the last publication of said notice. If any objection shall be filed pursuant to such notice then it shall be the duty of said commission to set a time and place for a hearing of said objections not more than 30 days after the date of the last publication of said notice; and provided further, that any such lease, sublease, contract, or sale, either of the water or power in this act mentioned, shall not become binding upon the State of Nevada until ratified and approved by the governor of said state.

      All revenues derived from the sale, lease, or use of the water or power derived from the Colorado river or its tributaries in this act mentioned, and all revenues which shall become due and owing to the State of Nevada under any such lease, contract, or sale, or otherwise, within the Colorado river power and water system shall be received, collected, and paid directly to the state treasurer of the State of Nevada and deposited by him in a fund hereby created, to be known as and called the Colorado river commission fund.

      All revenues derived from the sale, use or lease of power which shall become due and owing to the State of Nevada under any lease, contract or sale, or otherwise, of power obtained from sources other than the Colorado river power and water system, shall be received, collected, and paid directly to the state treasurer of the State of Nevada and deposited by him in a fund, hereby created, to be known as and called the Nevada state power fund.

      Said commission is hereby authorized to adopt such written rules and regulations governing this procedure as may be just and reasonable.

      Sec. 2.  Section 11 of the above-entitled act, being section 1443.11, 1929 N. C. L. 1941 Supp., as amended by chapter 148, page 211, 1943 Statutes of Nevada, is hereby amended to read as follows:

      Section 11.  Revenues received from the sale of power or water or otherwise shall be by the commission disbursed as follows:

      (1) To the payment to the federal government of the cost of water and the cost of electrical energy and the generation and delivery thereof in accordance with bills rendered by the secretary of the interior of the United States.

      (1a) To the payment of compensations and expenses of the commission and all other obligations incurred through performance by the commission of the duties designated in this act.


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

ê1947 Statutes of Nevada, Page 741 (Chapter 225, SB 431)ê

 

commission and all other obligations incurred through performance by the commission of the duties designated in this act.

      (2) To the repayment to the State of Nevada of any moneys advanced or appropriated to the commission, said repayment to be placed in and to be a part of the general fund of the state.

      (3) All vouchers for the disbursement of said funds shall, before payment, be submitted to and approved by the board of examiners of the State of Nevada and paid out of the Colorado river commission fund or the Nevada state power fund, as the case may be, upon warrants to be drawn by the state controller and paid by the state treasurer.

      Sec. 3.  Section 13 of the above-entitled act, being section 1443.13, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 13.  The state controller is hereby authorized and required to draw his warrants on said Colorado river commission fund, or the Nevada state power fund, as the case may be, for payment of all claims against said fund when approved in the manner hereinbefore specified, and the state treasurer is hereby authorized and required to pay the same.

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

Revenues, how disbursed

 

 

 

 

 

 

 

 

 

 

Duty of state controller

 

 

 

 

In effect

 

________

 

CHAPTER 226, SB 631

[Senate Bill No. 136–Senator Murray]

 

Chap. 226–An Act to amend an act entitled “An act making it unlawful to sell the carcasses or part carcasses of neat cattle unless the hides thereof are inspected and such carcasses or part carcasses officially stamped as provided in this act; making certain exceptions thereto; providing for such inspection; providing compensation therefor; providing for the adoption and use of official stamps and record books, providing penalties for the violation of this act, repealing an act entitled ‘An act to provide for the inspection of hides, providing compensation therefor, and other matters relating thereto,’ approved March 19, 1929, and other matters relating thereto,” approved March 9, 1931.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 8 of the above-entitled act, being section 4034.07 N. C. L., Supplement 1931-1941, is hereby amended to read as follows:

 


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

ê1947 Statutes of Nevada, Page 742 (Chapter 226, SB 631)ê

 

Penalties for violation of act

 

 

 

 

Second offense a felony

 

Duty of sheriff

 

In effect

      Section 8.  Any person who shall violate any of the provisions of this act, or do or perform any act or thing in this act declared to be unlawful shall upon the first offense be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100) or by imprisonment for not less than ten (10) days nor more than sixty (60) days, or by both such fine and imprisonment; provided, however, that any subsequent violation by the same party shall be deemed a felony. Any sheriff, deputy sheriff, or other person charged with the enforcement of the provisions who shall refuse or neglect to carry out his duty shall upon due proof thereof be deemed guilty of malfeasance in office and subject to all penalties now provided by law.

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

 

________

 

CHAPTER 227, SB 811

 

 

 

 

 

 

 

 

 

 

 

Additional appropriation for university

 

 

 

Funds expended, how

 

 

 

In effect

[Senate Bill No. 118–Committee on Finance]

 

Chap. 227–An Act making an appropriation for the further support of the University of Nevada; creating the “University of Nevada General Maintenance Fund”; providing for its expenditure; and other matters properly relating thereto.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  In addition to the other means provided for the support and maintenance of the University of Nevada there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated the sum of four hundred thousand ($400,000) dollars for the further support of the University of Nevada for the period July 1, 1947, to June 30, 1949, and which shall constitute the “University of Nevada General Maintenance Fund.”

      Sec. 2.  The funds provided in section 1 of this act shall be expended by and under the direction of the said board of regents; provided, that all claims involving the payment of money from the funds so appropriated and set aside shall be passed upon by the state board of examiners.

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

 

________

 

 


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

ê1947 Statutes of Nevada, Page 743ê

CHAPTER 228, SB 89

[Senate Bill No. 98–Senator Loomis]

 

Chap. 228–An Act to amend an act entitled “An act defining public utilities, providing for the regulation thereof, creating a public service commission, defining its duties and powers, and other matters relating thereto,” approved March 28, 1919, as amended.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 36 1/2 of the above-entitled act, being section 6137 N. C. L. 1929 is hereby amended to read as follows:

      Section 36 1/2.  Every public utility owning, controlling, operating, or maintaining or having any contemplation of owning, controlling, or operating any public utility shall, before beginning such operation or continuing of operations, or construction of any line, plant, or system or any extension of a line, plant, or system within this state, obtain from the public service commission a certificate that the present or future public convenience or necessity requires or will require such continued operation or commencement of operations or construction; provided, that except as to automobile common carriers nothing herein shall be construed as requiring a public utility to secure such certificate for any extension within any town or city within which it shall theretofore have lawfully commenced operations or for an extension into territory either within or without the city or town contiguous to its railroad, line, plant, or system, and not then served by a public utility of like character. Upon the granting of any certificate of public convenience, the commission may make such order and prescribe such terms and conditions for the location of lines, plants, or systems to be constructed, extended, or affected as may be just and reasonable.

      Every applicant for a certificate of public convenience shall furnish such evidence of its corporate character and of its franchise or permits as may be required by the commission. The commission shall have the power, after hearing, to issue or refuse such certificate of public convenience, or to issue it for the construction of a portion only of the contemplated line, plant, or systems, or extension thereof, and may attach thereto such terms and conditions as, in its judgment, the public convenience and necessity may require.

      No public utility beginning, prosecuting, or completing any new construction in violation of this act shall be permitted to levy any tolls or charges for services rendered, and all such tolls and charges shall be void.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certificate must be obtained from commission

 

 

 

 

Exception

 

 

 

 

 

 

 

Applicant to furnish evidence of corporate character

 

 

 

 

Illegal construction


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

ê1947 Statutes of Nevada, Page 744 (Chapter 228, SB 89)ê

 

Illegal to discontinue service without notice

 

 

 

 

Hearings, how conducted

 

 

 

 

 

 

Penalties

 

 

 

 

 

Prior certificates valid

 

 

 

 

 

 

 

Repeal

In effect

      It shall be unlawful for any public utility to discontinue, modify, or restrict service to any city, town, municipality, community, or territory theretofore serviced by it, except upon twenty (20) days’ notice filed with the commission, specifying in detail the character and nature of the discontinuance, or restriction of the service intended, and upon order of the commission, made after hearing, permitting such discontinuance, modification, or restriction of service.

      All hearings and investigations under this section shall be conducted substantially as is provided for hearings and investigations of tolls, charges, and service. Every order refusing or granting any certificates of public convenience, or granting or refusing permission to discontinuance, modify, or restrict service, as provided in this section, shall be prima-facie lawful from the date of the order until changed or modified by the order of the commission or in pursuance of section 33 of this act; provided, however, that a municipality constructing, leasing, operating, or maintaining any public utility shall not be required to obtain a certificate of convenience.

      Any person, firm, association, or corporation who shall violate any provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty ($50) dollars nor more than two hundred and fifty ($250) dollars; provided, that each day’s operation without a certificate as provided herein, or each day that service is discontinued, modified, or restricted, as defined in this section, shall be considered a separate offense.

      All motor trucks and motor vehicles now operating under certificates of public convenience heretofore issued by the various boards of county commissioners may continue to operate under such certificates of public convenience until changed or modified by the order of the public service commission, and it shall be the duty of the county clerks of the various counties to file with the public service commission, on or before July 1, 1925, a complete statement of the certificates of public convenience issued by the county commissioners under the provisions of the act approved March 21, 1923, specifically referred to in section 4 hereof.

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

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

 

________

 

 


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

ê1947 Statutes of Nevada, Page 745ê

CHAPTER 229, SB 701

[Senate Bill No. 107–Committee on Finance]

 

Chap. 229–An Act authorizing and directing the director of the Nevada agricultural experiment station of the University of Nevada to enter into a cooperative agreement with the United States department of agriculture under the provisions of public law 733, 79th Congress, making an appropriation therefor, and other matters properly relating thereto.

 

[Approved March 31, 1947]

 

      Whereas, The 79th Congress has passed an act known as public law 733, “to provide for further research into basic laws and principles relating to agriculture and to improve and facilitate the marketing and distribution of agricultural products”; and

      Whereas, Said act provides that “no allotment and no payment under any allotment shall be made for any fiscal year in excess of the amount which the state or territory makes available for such fiscal year out of its own funds”; and

      Whereas, It is to the best interests of the agricultural industry of the State of Nevada that the benefits of said act be made available to the State of Nevada; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  The director of the Nevada agricultural experiment station of the University of Nevada, with the approval of the board of regents, is hereby authorized and directed to enter into a cooperative agreement with the United States department of agriculture under the provisions of public law 733, 79th Congress, giving due consideration to the requirements of the tomato plant propagation project now being conducted in Clark County, Nevada.

      Sec. 2.  To carry out the provisions of this act for the period July 1, 1947, to June 30, 1949, there is hereby appropriated out of any money in the state treasury not otherwise appropriated the sum of thirty-two thousand and 00/100 ($32,000) dollars which shall constitute the Nevada agricultural experiment station fund.

      Sec. 3.  All claims against this fund shall be certified by the director of the Nevada agricultural experiment station, approved by the board of regents and the state board of examiners, and when so certified and approved the state controller is hereby authorized and directed to draw his warrants in payment of same, and the state treasurer is hereby authorized and directed to pay the same.

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

 

 

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

Cooperative agreement with U. S. department agriculture authorized

 

 

 

 

Appropriation

 

 

Claims, how paid

 

 

 

 

In effect

 

________


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

ê1947 Statutes of Nevada, Page 746ê

CHAPTER 230, SB 25

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State department of health, divisions of

 

 

 

 

 

 

 

 

 

Powers of state board re divisions

 

 

Constitutionality

 

 

Repeal

 

 

Effective date

[Senate Bill No. 52–Committee on Finance]

 

Chap. 230–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 27, 1911, as amended.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 26 of the above-entitled act, being section 5260, 1929 Nevada Compiled Laws, 1941 Supplement, is hereby amended to read as follows:

      Section 26.  There shall be in the state department of health the following divisions:

      1.  Division of vital statistics.

      2.  Division of public health engineering.

      3.  Division of laboratories.

      4.  Division of preventive medical services, together with such other divisions, subdivisions or bureaus as are or may be necessary for the prevention of disease, the prolongation of life, and the promotion of the physical health and mental efficiency of the people of the State of Nevada. The director of each division shall be a person specially trained or adequately experienced in the duties of the division.

      The state board of health may, subject to the approval of the governor, create such other divisions, subdivisions or bureaus of the state health department as may be necessary, and may consolidate, divide, or abolish any division, subdivision, or bureau as deemed necessary.

      Sec. 2.  If any provision of this act or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.

      Sec. 3.  Upon the taking effect of this act all acts, general or special, and parts of acts, general or special, in conflict and inconsistent with the provisions of this act are hereby repealed.

      Sec. 4.  This act shall take effect from and after July 1, 1947.

 

________

 

 


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

ê1947 Statutes of Nevada, Page 747ê

CHAPTER 231, SB 021

[Senate Bill No. 120–Senators McGuirk, Rowe, Tallman, Wiley, and Budelman]

 

Chap. 231–An Act authorizing the directors of the Nevada state bureau of mines to enter into cooperative agreements with the United States geological survey for the purpose of investigating mineral and geological conditions within the state and in the topographic and geologic mapping thereof, and providing an appropriation therefor.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The director of the Nevada state bureau of mines for and on behalf of the State of Nevada, with the approval of the governor, is authorized to enter into agreements with the United States geological survey for cooperation in investigating mineral and geological conditions within said state and in the topographic and geologic mapping of Nevada; provided, however, that the expenses of such work shall be divided between the parties upon a basis whereby the State of Nevada will not pay more than fifty per centum of said expenses.

      Sec. 2.  There is hereby appropriated out of any funds of the state treasury of the State of Nevada not otherwise specifically appropriated the sum of twenty thousand ($20,000) dollars, to carry out the provisions of this act, for the biennium beginning July 1, 1947.

      Sec. 3.  All claims against said fund shall be approved by the director, and when thereafter approved by the state board of examiners shall be paid in the same manner as other claims against the state.

      Sec. 4.  All acts or parts of acts in conflict with the provisions of this act are hereby repealed.

      Sec. 5.  This act shall be in full force and effect from and after July 1, 1947.

 

 

 

 

 

 

 

 

 

 

 

 

 

Cooperative agreement with U. S. geological survey authorized

 

 

 

 

Appropriation

 

 

 

Claims, how paid

 

 

Repeal

 

Effective date

 

________

 

CHAPTER 232, SB 87

[Senate Bill No. 78–Senator Johnson]

 

Chap. 232–An Act fixing the salaries of certain state officers; providing ex officio duties of certain state officers and compensation for the performance of the same, and making an appropriation therefor.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after July 1, 1947, until the first Monday in January 1949, the superintendent of state printing and the inspector of mines shall each receive an added salary at the rate of fifty ($50) dollars per month, payable at the times and in the manner provided by law.

 

 

 

 

 

 

 

 

 

 

 

Salaries ex officio officers

State printer


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

ê1947 Statutes of Nevada, Page 748 (Chapter 232, SB 87)ê

 

 

 

State controller

 

 

 

 

 

 

 

Supreme court clerk

 

 

 

Secretary of state

 

 

State treasurer

 

 

 

 

 

 

 

 

 

 

Superintendent of public instruction

salary at the rate of fifty ($50) dollars per month, payable at the times and in the manner provided by law.

      Sec. 2.  The state controller of Nevada as ex officio insurance commissioner shall receive a salary at the rate of six hundred ($600) dollars per annum payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office, and as a part thereof, he shall serve as a member of the state insurance rating board and shall serve as a state fiscal officer for the federal government and compute, withhold, and account for all state pay roll deductions and keep all records in connection with administration of and compliance with the federal revenue and income tax laws.

      Sec. 3.  The clerk of the supreme court as ex officio reporter of decisions shall receive a salary at the rate of six hundred ($600) dollars per annum payable at the times and in the manner provided by law.

      Sec. 4.  The secretary of state of Nevada as ex officio state vehicle commissioner and head of the motor vehicle department of Nevada, shall receive a salary at the rate of six hundred ($600) dollars per annum payable at the times and in the manner provided by law.

      Sec. 5.  The state treasurer of Nevada shall be ex officio state disbursing officer for the federal government. It shall be his duty, as such, to act for such government with respect to all financial matters required of him by the federal government, and to keep proper books and accounts and prepare proper vouchers and receipts relating thereto. He shall keep books of account and sign and pay all warrants relating to all state pay roll deductions at the time and in the manner required, according to federal law and regulations. He shall perform such other duties in connection with the aforesaid duties as may be required in the proper exercise thereof. As such state disbursing officer for the federal government he shall receive a salary at the rate of six hundred ($600) dollars per annum, payable at the times and in the manner provided by law.

      Sec. 6.  The superintendent of public instruction as ex officio secretary of the state textbook commission shall receive a salary at the rate of six hundred ($600) dollars per annum, payable at the times and in the manner provided by law. In addition to the duties now prescribed for said ex officio office and as a part thereof, such officer shall serve as a member and secretary of the public school teachers retirement salary fund board, and as executive officer of the state board for vocational education.

      Sec. 7.  The surveyor general of Nevada as ex officio land register shall receive a salary at the rate of six hundred ($600) dollars per annum, payable at the times and in the manner provided by law.


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

ê1947 Statutes of Nevada, Page 749 (Chapter 232, SB 87)ê

 

manner provided by law. In addition to the duties now prescribed for said ex officio office he shall represent the State of Nevada in the protection of the forest and watershed areas in Nevada, and shall cooperate with the agents and departments of the federal government as well as with agencies in this state to carry out such protection.

      Sec. 8.  For the purpose of paying the respective salaries herein allowed, there is hereby appropriated, for the biennium ending June 30, 1949, the sum of nine thousand six hundred ($9,600) dollars, or so much as may be necessary, out of any funds in the state treasury not otherwise appropriated.

      Sec. 9.  All acts and parts of acts insofar as they may be inconsistent with this act are hereby repealed.

      Sec. 10.  This act shall become effective July 1, 1947, and shall expire by limitation of time on the first Monday in January 1949.

Surveyor general

 

 

 

Appropriation

 

 

 

Repeal

 

Effective date; limitation

 

________

 

CHAPTER 233, SB 29

[Senate Bill No. 92–Senator Baker]

 

Chap. 233–An Act relating to the bonds of the cities, towns, counties, school districts, and other political subdivisions of the State of Nevada, validating all such bonds now outstanding, validating and authorizing the issuance of all such bonds heretofore authorized and not yet issued, and providing for the manner in which taxes shall be levied for the payment of all such bonds.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  All bonds of every city, town, county, school district, or other political subdivision of the State of Nevada which have been heretofore authorized and issued and the purchase price therefor received, and which are now outstanding and have not been declared invalid by a court of competent jurisdiction, are hereby validated and declared to be legal and binding obligations in accordance with their terms, notwithstanding any question as to the validity of such bonds which could have been raised except for the passage of this act.

      Sec. 2.  Where the bonds of any city, town, county, school district, other political subdivision of this state have been heretofore authorized by action of the governing body thereof, or by action of a body purporting to act as the governing body thereof, and where such bonds have not yet been issued, all proceedings had in connection with the authorization of such bonds, regardless of whether the body which authorized the issuance thereof may have been the body legally empowered to authorize and issue such bonds, and regardless of any irregularities or failure to follow statutory requirements which may have occurred in the proceedings authorizing such issuance, are hereby validated, ratified, and confirmed, and the several bodies which so authorized such bonds are hereby empowered to sell such bonds, if they are not now under effective contract of sale, and to complete the issuance thereof, and all such bonds, when duly delivered and paid for, shall constitute the valid and legally binding obligations of the city, town, county, school district, or other political subdivision in behalf of which they have been so authorized and are so issued.

 

 

 

 

 

 

 

 

 

 

 

 

 

Outstanding municipal bonds validated

 

 

 

 

 

Prior authorized bonds validated


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

ê1947 Statutes of Nevada, Page 750 (Chapter 233, SB 29)ê

 

Prior authorized bonds validated

 

 

 

 

 

 

 

Bonds payable from taxes levied

 

 

 

 

Duty of governing board

 

 

Taxes levied for bond redemption

 

 

 

 

 

 

 

Constitutionality

 

 

 

 

In effect

authorized the issuance thereof may have been the body legally empowered to authorize and issue such bonds, and regardless of any irregularities or failure to follow statutory requirements which may have occurred in the proceedings authorizing such issuance, are hereby validated, ratified, and confirmed, and the several bodies which so authorized such bonds are hereby empowered to sell such bonds, if they are not now under effective contract of sale, and to complete the issuance thereof, and all such bonds, when duly delivered and paid for, shall constitute the valid and legally binding obligations of the city, town, county, school district, or other political subdivision in behalf of which they have been so authorized and are so issued.

      Sec. 3.  So far as is legally possible within the limitations of section 2 of article X of the constitution of Nevada, all bonds heretofore or hereafter issued by any city, town, county, school district or other political subdivision shall be payable as to both principal and interest from taxes fully sufficient for that purpose to be levied on all taxable property within the boundaries of the issuing unit, and without regard to any statutory or charter tax limitations now or hereafter existing, it shall be the duty of the governing body of such unit, or of such other body as may be charged with the duty of levying taxes therein, annually in due season to provide for the levy of taxes fully sufficient, after making due allowance for probable delinquencies, to assure the prompt payment of all such principal and interest as they become due. In any year in which the total taxes levied by all overlapping units in any county in the state may exceed the limitation of five cents on the dollar imposed by section 2 of article X aforesaid, and it shall become necessary by reason thereof to reduce the levies made by any or all such units, the reduction so made shall be in taxes levied by such unit or units for purposes other than the payment of their bonded indebtedness, and the taxes levied hereafter for the payment of bonded indebtedness shall always enjoy a priority over taxes levied by each such unit for all other purposes where reduction is necessary in order to comply with the limitations of said section 2 of article X.

      Sec. 4.  If any section or sections, clause or clauses, or provision or provisions hereof shall ever be held by any court of competent jurisdiction to be invalid or ineffective for any reason, the remainder of this act shall nevertheless remain in full force and effect, it being expressly hereby recited and provided that the remainder of this act would have been adopted by the legislature despite such invalidity or ineffectiveness.

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

 

________

 

 


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

ê1947 Statutes of Nevada, Page 751ê

CHAPTER 234, SB 731

[Senate Bill No. 137–Committee on Finance]

 

Chap. 234–An Act to repeal an act entitled “An act to provide for the reconstruction of the heating plant at the University of Nevada; providing for the issuance and sale of bonds therefor and the redemption thereof”; authorizing the state treasurer and state controller to transfer the unexpended balance and money in the university heating plant bond fund of the State of Nevada, and making provisions to carry out the purpose of this act.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  That certain act of the legislature entitled “An act to provide for the reconstruction of the heating plant at the University of Nevada; providing for the issuance and sale of bonds therefor and the redemption thereof,” same being chapter 148, Statutes of Nevada 1941, is hereby repealed.

      Sec. 2.  That certain fund balance now remaining unexpended in the university heating plant bond fund in the sum of one thousand nine hundred seventeen and 47/100 ($1,917.47) dollars is hereby ordered reverted to the general fund of the State of Nevada, and the state treasurer and the state controller are hereby authorized and directed to do and perform each and everything necessary to carry into effect the provisions of this act, and make proper entries thereof.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Certain act repealed

 

 

 

Reversion of fund

 

 

 

 

 

In effect

 

________

 

 


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

ê1947 Statutes of Nevada, Page 752ê

CHAPTER 235, SB 86

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State health officer, how appointed; qualifications

 

 

 

 

 

 

 

Compensation

 

 

 

 

In effect

[Senate Bill No. 68–Senator Johnson]

 

Chap. 235–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 27, 1911, as amended.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of the above-entitled act, being section 5238, 1929 N. C. L., 1941 Supplement, as amended, chapter 151 Statutes of Nevada 1943, page 215, is hereby amended to read as follows:

      Section 4.  The state board of health, with the approval of the governor, shall appoint the state health officer. He shall be a physician having the degree of doctor of medicine. He shall be a resident of Nevada for at least five years preceding the date of his appointment; he shall be licensed to practice in Nevada and shall have had at least one year’s postgraduate training in public health or at least three years’ experience as a public health official. The state health officer shall be appointed for a term of four years. He may be removed from office by the state board of health for cause and after a hearing, or he may be removed at any time at the pleasure of the board upon the unanimous vote of all of the members of said board. A vacancy in the office shall be filled by appointment for the unexpired term. The state health officer shall devote his full time to his official duties and shall not engage in any other business or occupation. His annual compensation from state appropriated funds shall be fixed by the state board of health, in an amount not to exceed the sum of seven thousand ($7,000) dollars a year, and in addition he shall be allowed his necessary traveling expenses while engaged in the performance of his official duties, to be paid semimonthly in the same manner as the salaries and expenses of other state officers are paid.

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

 

________

 

 


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

ê1947 Statutes of Nevada, Page 753ê

CHAPTER 236, SB 241

[Senate Bill No. 142–Senators Schuman and Lattin]

 

Chap. 236–An Act authorizing the board of dental examiners to issue permanent licenses for the practice of dentistry in the State of Nevada, and other matters properly related thereto.

 

[Approved March 31, 1947]

 

      Whereas, Temporary licenses to practice dentistry in specified critical areas within the State of Nevada were issued to certain qualified dentists which licenses are limited to expire on July 1, 1947; and

      Whereas, These dentists have unselfishly rendered an invaluable service to the people of the State of Nevada in a time of crisis, and continue to render a valuable service to their respective communities; and

      Whereas, It is the desire of the people of the State of Nevada to express their appreciation and to assure the continued service of said dentists by the issuance to each of them of a permanent license to carry on their practice; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  Any person who was engaged in the practice of dentistry on January 1, 1947, under a temporary license in the critical area to which he was assigned by the board of dental examiners pursuant to the authority granted by the emergency dental act, approved March 5, 1945, shall, upon application to said board on or before June 1, 1947, be issued, without examination, a permanent license to practice dentistry within this state. Upon issuance of said permanent license the licensee shall become subject to all the provisions of law regulating the practice of dentistry in the State of Nevada.

      Sec. 2.  This act shall become effective from and after its passage and approval and expire on July 1, 1947.

 

 

 

 

 

 

 

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

Permanent dental license, issued when

 

 

 

 

Effective date

 

________

 

 


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

ê1947 Statutes of Nevada, Page 754ê

CHAPTER 237, SB 88

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provisions of act not to apply, when

 

 

 

 

 

 

Limitation

[Senate Bill No. 88–Senator Murray]

 

Chap. 237–An Act to amend an act entitled “An act declaring the purpose and policy of the legislature relative to use of the public highways of the state in the carrying of persons and property thereon in motor vehicles, defining such vehicles and public highways, providing for the licensing and regulating of certain carriers thereon by the public service commission of Nevada, and providing and defining its duties in relation thereto, providing license fees for the operation of motor vehicles in carrier service for hire and other service on the public highways of the state, providing for official inspectors and salary and allowances therefor, providing penalties for the violation thereof and other civil actions for the recovery of license fees herein, providing for refund in certain cases, providing for the weighing of motor vehicles for license purposes by public weighmasters, and repealing all acts and parts of acts and certain acts of the legislature in conflict herewith, and other matters properly connected therewith,” approved March 23, 1933, as amended.

 

[Approved March 31, 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 4437.02 N. C. L. 1929 Supplement 1931-1941, is hereby amended to read as follows:

      Section 3.  None of the provisions of this act shall apply to any motor vehicle operated wholly within the corporate limits of any city or town in the State of Nevada; nor to United States mail carriers operating star routes when not engaged in other business as a common or contract carrier; nor to city or town draymen and private motor carriers of property operating within a five-mile radius of the limits of a city or town; nor to the transportation of livestock and/or farm products to market by the producer thereof, or such producer’s employee, or merchandise and/or supplies for his own use in his own motor vehicle; nor to the transportation of children to and from school, and the transportation of passengers in chartered motor vehicles on educational or sight-seeing tours; provided, however, only five such trips shall be allowed any one person during any calendar year; nor to the transportation of contractor’s own equipment in his own motor vehicle from job to job, nor to the transportation of ore or minerals or mining supplies in the producer’s own vehicle; provided, however, only one vehicle having an unladened weight not exceeding 7,500 pounds, shall be exempted for the transportation of ore or minerals or mining supplies; and provided further, no exemption whatever shall be granted if said vehicle exceeds 7,500 pounds unladened; nor to any person engaged in transporting his own personal property in his own motor vehicle; provided, any such person who is a private carrier of property transporting his own goods, wares, and merchandise, other than livestock or farm produce, or ore or minerals or mining supplies, in the producer’s own vehicle, being transported for the purpose of sale or resale, may secure a private carrier’s license at a rate of twenty-five ($25) dollars per annum; provided, the vehicle does not exceed 5,000 pounds unladened weight, which fee shall be the only license fee required of such person, notwithstanding any other provision of this act to the contrary; provided further, only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere; and provided further, nothing in this particular clause shall be construed as applying to tractor-trucks, trailers or semi-trailers, but shall be deemed to apply to motor trucks and passenger cars.


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

ê1947 Statutes of Nevada, Page 755 (Chapter 237, SB 88)ê

 

supplies; and provided further, no exemption whatever shall be granted if said vehicle exceeds 7,500 pounds unladened; nor to any person engaged in transporting his own personal property in his own motor vehicle; provided, any such person who is a private carrier of property transporting his own goods, wares, and merchandise, other than livestock or farm produce, or ore or minerals or mining supplies, in the producer’s own vehicle, being transported for the purpose of sale or resale, may secure a private carrier’s license at a rate of twenty-five ($25) dollars per annum; provided, the vehicle does not exceed 5,000 pounds unladened weight, which fee shall be the only license fee required of such person, notwithstanding any other provision of this act to the contrary; provided further, only one such motor vehicle shall be permitted to be used by such person under the terms of this particular exemption, regardless of the number of his business branches located in the State of Nevada or elsewhere; and provided further, nothing in this particular clause shall be construed as applying to tractor-trucks, trailers or semi-trailers, but shall be deemed to apply to motor trucks and passenger cars.

      Sec. 2.  Section 6 of the above-entitled act, being section 4437.05 N. C. L. 1929, Supplement 1931-1941, is hereby amended to read as follows:

      Section 6.  (a) The public service commission of Nevada is hereby vested with the power and authority, and it shall be its duty to license, supervise, and regulate every common motor carrier of property and/or of passengers in this state in all matters affecting the relationship between such carriers and the traveling and shipping public over and along the public highways of this state. All laws relating to the powers, duties, authority, and jurisdiction of the public service commission of Nevada over common carriers are hereby made applicable to all such motor carriers except as in this act otherwise specifically provided; provided, all transportation charges made by any common motor carrier of property and/or of passengers shall be just and reasonable. Nothing herein contained shall be construed to prohibit the issuance by any carrier subject to this act of free or reduced rate transportation to its own officers, commission agents, employees, attorneys, physicians and surgeons, and members of their families, to ministers of religion, inmates of hospitals or charitable institutions, or persons engaged in charitable work, or persons or property engaged or employed in educational, scientific, or patriotic work when permitted by the public service commission; or to members of said commission and the employees thereof when traveling upon official business; or to indigent, destitute, or homeless persons, and to such persons when transported by charitable societies or hospitals, and the necessary agents employed in such transportation; to witnesses attending any legal investigation in which such carrier is interested; to persons injured in accidents or wrecks and physicians and nurses attending such persons; provided, that the term “employees,” as used herein shall include furloughed, pensioned and superannuated employees, and persons who have become disabled or infirm in the service of any such carrier, and persons traveling for the purpose of entering the service of any such carrier.

No exemption, when

 

Private carrier license, when

 

 

 

 

 

 

 

 

Exception

 

 

 

 

Powers and duties of commission re common carriers

 

 

 

 

Reasonable transportation charges

 

Free transportation, when


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

ê1947 Statutes of Nevada, Page 756 (Chapter 237, SB 88)ê

 

 

 

“Employees” defined

 

 

 

Free rates not prohibited, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Violations, investigation of; order to desist

and the necessary agents employed in such transportation; to witnesses attending any legal investigation in which such carrier is interested; to persons injured in accidents or wrecks and physicians and nurses attending such persons; provided, that the term “employees,” as used herein shall include furloughed, pensioned and superannuated employees, and persons who have become disabled or infirm in the service of any such carrier, and persons traveling for the purpose of entering the service of any such carrier. Nothing herein contained shall be construed to prohibit the interchange of free or reduced rate transportation of persons or property between the carriers subject to this act, and common carriers by rail or otherwise subject to regulation in any respect by said commission or by any other state or federal regulatory tribunal, for the officers, agents, employees, attorneys, physicians and surgeons of such other carriers, and the members of their families, in all cases where the interchange of such free transportation is permitted by the interstate commerce act or any other federal statute; nor shall anything herein contained be construed to prohibit the carriage, free or at reduced rates, of persons or property for the United States or any state, county, or municipal government, or for charitable purposes, or for patriotic purposes, or to provide relief in cases of common disaster, or for contractors and their employees, material, or supplies for use in carrying out their contract with any such carrier subject hereto; nor to prohibit any carrier subject hereto from transporting, storing, and handling, free or at reduced rates, any household goods and personal property of employees or persons entering or leaving its service, or persons killed or dying while in its service, or of employees or officers of any other carrier subject to the jurisdiction of the public service commission. Nothing herein contained shall be construed to permit any person to charge for transportation from a point within the city or town limits of any city or town, to the city or town limits and give free transportation to a point beyond said city or town limits, and vice versa.

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

      Sec. 3.  Section 7 of the above-entitled act, being section 4437.06 N.


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

ê1947 Statutes of Nevada, Page 757 (Chapter 237, SB 88)ê

 

4437.06 N. C. L. 1929, Supplement 1931-1941, is hereby amended to read as follows:

      Section 7.  It shall be unlawful for any common motor carrier of property and/or of passengers to operate as a carrier of intrastate commerce within this state without first having obtained from the public service commission a certificate of convenience and necessity. The public service commission, upon the filing of an application for such certificate, shall fix a time and place for hearing thereon, and shall proceed in the manner according to the provisions of the laws of this state made applicable thereto; provided, however, before granting a certificate of convenience and necessity to such applicant the commission shall take into consideration other existing transportation facilities in the territory for which a certificate is sought. It shall also take into consideration the public necessity and convenience to be accorded by the service and rates offered by such applicant or applicants; provided further, that the commission, in its discretion, may dispense with the hearing on the application if, upon expiration of the time fixed in the notice thereof, no protest against the granting of the certificate has been filed by or in behalf of any interested person; and provided further, any person who has been denied a certificate of public convenience and necessity after hearing, shall not be permitted to again file a similar application with the commission covering the same type of service and over the same route or routes or in the same territory for which the certificate of convenience and necessity was denied except after the expiration of 90 days after the date said certificate of convenience and necessity was denied; and provided further, that no such certificate of convenience and necessity shall be issued to the applicant unless and until the applicant shall have paid to the said commission all license fees then and there due as hereinafter provided.

      Sec. 4.  Section 8 1/2 of the above-entitled act, is hereby amended to read as follows:

      Section 8 1/2.  The public service commission of this state shall have power, in its discretion, and pursuant to application to that end, to relieve any nonresident motor carrier of property or passengers from the payment of all or reduced fees required by this act to the extent, and only to the extent, that under the laws of the state or territory where his or its license was issued, substantially similar provisions are applied or available to residents of this state; provided further, the commission shall have the power in its discretion to reduce the fees required by this act for residents of this state in the transportation of commodities of a perishable nature, or where expeditious transportation services are required.

      Sec. 5.  Section 9 1/2 of the above-entitled act, being section 4437.08a N.

 

Certificate of convenience must be obtained

 

Hearing on application

 

 

 

 

 

 

Hearing dispensed, with, when

 

Denial of certificate, effect of

 

 

License fee must be paid

 

 

 

 

Reciprocity

 

 

 

 

Residents’ fees reduced, when


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

ê1947 Statutes of Nevada, Page 758 (Chapter 237, SB 88)ê

 

 

 

Contract carrier permits

 

 

 

 

 

 

 

Application for permit

 

 

Permit issued, when

 

 

 

 

 

 

Denial of permit, effect of

 

 

 

 

 

 

 

 

 

Schedule of fees

4437.08a N. C. L. 1929, Supplement 1931-1941, is hereby amended to read as follows:

      Section 9 1/2.  It shall be unlawful for any contract carrier of passengers or property to act as such within this state in intrastate commerce without first having obtained a permit therefor; provided, that if any such carrier or predecessor in interest has secured on or before the effective date of this act, from the public service commission of Nevada, a license to act as a contract carrier of passengers for the year 1939, the commission shall issue such permit without further proceedings, if application for such permit is made on or prior to November 1, 1939, upon forms to be furnished by the commission. Pending determination of any such application, the continuance of such operation shall be lawful. Applications for such permits for new operations as a contract carrier shall be made to the commission, in writing, shall be verified under oath, and shall be in such form and be accompanied by such information as the commission may require. A permit shall be issued to any qualified applicant therefor, authorizing in whole, or in part, the operation covered by the application, if it appears from the application or from any hearing held thereon that the applicant is fit, willing and able properly to perform the service of a contract carrier by motor vehicle and to conform to all provisions of this act and the lawful requirements and regulations thereunder, and that the proposed operation will be consistent with the public interests, otherwise the application shall be denied; provided further, any person who has been denied a permit after hearing, shall not be permitted to again file a similar application with the commission covering the same type of service and over the same route or routes or in the same territory for which the permit was denied except after the expiration of 90 days after the date said permit was denied; and provided further, that no terms, conditions, or limitations shall restrict the right of the carrier to substitute or add contracts within the scope of the permit, or to add to his or its equipment and facilities, within the scope of the permit, as the development of business and the demands of the public may require.

      Sec. 6.  Section 18 of the above-entitled act, being section 4437.17 N. C. L. 1929, Supplement 1931-1941, is hereby amended to read as follows:

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


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

ê1947 Statutes of Nevada, Page 759 (Chapter 237, SB 88)ê

 

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

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

Schedule of fees

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional fees


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

ê1947 Statutes of Nevada, Page 760 (Chapter 237, SB 88)ê

 

Additional fees

 

 

 

 

 

 

 

 

 

 

 

 

 

Unladened weight defined

 

 

 

 

 

 

 

 

 

 

 

 

 

Motor convoy fee

pounds and not over fifteen thousand (15,000) pounds, one and eighty one-hundredths ($1.80) dollars per one hundred (100) pounds unladened; fifteen thousand and one (15,001) pounds and not over sixteen thousand (16,000) pounds, one and eighty-five one-hundredths ($1.85) dollars per one hundred (100) pounds unladened; sixteen thousand and one (16,001) pounds and not over seventeen thousand (17,000) pounds, one and ninety one-hundredths ($1.90) dollars per one hundred (100) pounds unladened; seventeen thousand and one (17,001) pounds and not over eighteen thousand (18,000) pounds, one and ninety-five one-hundredths ($1.95) dollars per one hundred (100) pounds unladened; eighteen thousand and one (18,001) pounds and not over nineteen thousand (19,000) pounds, two ($2) dollars per one hundred (100) pounds unladened; nineteen thousand and one (19,001) pounds and not over twenty thousand (20,000) pounds, two and ten one-hundredths ($2.10) dollars per one hundred (100) pounds unladened; twenty thousand and one (20,001) pounds and over, two and twenty-five one-hundredths ($2.25) dollars per one hundred (100) pounds unladened; provided, that such unladened weight shall be construed to mean the weight of the motor vehicle unloaded, but otherwise containing and having in place at the time of weighing each and every accessory and appliance belonging to and used on such vehicle in the transportation of passengers and/or property; (f) the weight of each motor vehicle upon which an unladened weight license fee is fixed shall be determined by actual weight thereof by the public weighmaster as hereinafter provided; provided, should any motor vehicle within the terms of this act be changed in any respect after the weighing thereof, and which said change shall increase the unladened weight thereof, the said commission may require another weighing thereof and additional fees paid thereon. Every vehicle required to be weighed by the provisions of this act shall be weighed annually at the time of the securing of the license therefor, and a certificate of the unladened weight shall accompany the application for the annual license, and also upon the commencing of operations by any person not theretofore licensed under this act.

      (3) Every “motor convoy carrier” as hereinbefore defined shall be required to be licensed, and the fee therefor shall be as follows: For each motor vehicle driven, towed, or carried by any motor convoy carrier, or driven singly, as set forth in section 2 of this act, a flat fee of seven dollars and fifty ($7.50) cents shall be paid by the person or persons engaged in such motor convoy carriage, for which said fee the said public service commission shall issue for each motor vehicle driven, towed, carried, or driven singly by such motor convoy carrier, a distinctive certificate to the effect that such motor vehicle may be driven, towed, or carried, as the case may be, over and along the public highways of this state, from the point of entry into the state, or point of origin of such carriage within the state, to the destination within the state, or to the point of departure from the state; provided, no such certificate shall be transferable from the motor vehicle for which issued to any other motor vehicle whatsoever, nor transferable from the motor convoy carrier to whom issued to any other person whatsoever.


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

ê1947 Statutes of Nevada, Page 761 (Chapter 237, SB 88)ê

 

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

      (4) And it is further provided, that taxicab motor carriers and private carriers of property who are eligible to secure the annual license for twenty-five ($25) dollars, commencing operation on and after the first day of July of each year, shall be liable for and shall pay only one-half (1/2) of the license fee provided in this section for each motor vehicle required to be licensed herein, which said license shall expire at the same time as the full-year license.

      (5) A nonresident owner or operator of a vehicle coming within the provisions of this act shall have the option in lieu of causing such vehicle to be licensed under this act and paying the annual license fees by applying for a trip permit to be issued forthwith upon payment of a fee equal to five percent (5%) of the annual license fee;

Certificate issued; not transferable; effective for current year

 

 

 

 

 

 

 

 

 

 

Vehicles to be convoyed under certificate only

 

 

 

 

 

 

 

 

One-half license fee, when

 

 

 

 

Trip permits issued, when; fee; limitation


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

ê1947 Statutes of Nevada, Page 762 (Chapter 237, SB 88)ê

 

 

 

 

 

 

Repeal

In effect

that the minimum fee for such trip shall not be less than three ($3) dollars per vehicle. Trip permits shall authorize operation over the public highways of this state for a period of not more than ninety-six (96) consecutive hours. All such trip permits shall be evidenced by stickers which shall be displayed on the windshield of the vehicle, or otherwise, as specified by the commission.

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

      Sec. 8.  This act shall become effective immediately after its passage and approval.

 

________

 

CHAPTER 238, SB 511

 

 

 

 

 

 

 

 

 

 

 

Recorder and treasurer to transfer fund

 

In effect

[Senate Bill No. 115–Senator Lattin]

 

Chap. 238–An Act authorizing the county treasurer and the county recorder of Churchill County, State of Nevada, to transfer certain funds now in the treasury of said county.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The county recorder and county treasurer of Churchill County are hereby authorized to transfer from the Churchill County telephone company fund to the Churchill County road fund the sum of fifteen thousand ($15,000) dollars.

      Sec. 2.  This act shall become effective and be in full force immediately after its passage and approval.

 

________

 

CHAPTER 239, SB 801

 

 

 

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 108–Committee on Finance]

 

Chap. 239–An Act making an appropriation for the support of the agricultural extension division of the University of Nevada for the period July 1, 1947, to December 31, 1947; defining the manner in which it may be used; defining the duties of the director of the agricultural extension division and the board of regents in relation thereto, and other matters properly relating thereto.

 

[Approved March 31, 1947]

 

      Whereas, The agricultural extension division of the University of Nevada is operating under a cooperative agreement with the United States department of agriculture under the provisions of the Smith-Lever act of Congress; and

      Whereas, The biennial appropriation of twelve thousand five hundred and 00/100 ($12,500) dollars for cooperative agricultural extension work in eastern Nevada and the biennial appropriation of six thousand five hundred and 00/100 ($6,500) dollars for cooperative agricultural extension work in western Nevada, aggregating nineteen thousand and 00/100 ($19,000) dollars have been and are being used as part of the State of Nevada’s obligation under said cooperative agreement; and

 


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

ê1947 Statutes of Nevada, Page 763 (Chapter 239, SB 801)ê

 

agricultural extension work in eastern Nevada and the biennial appropriation of six thousand five hundred and 00/100 ($6,500) dollars for cooperative agricultural extension work in western Nevada, aggregating nineteen thousand and 00/100 ($19,000) dollars have been and are being used as part of the State of Nevada’s obligation under said cooperative agreement; and

      Whereas, Said appropriations will be discontinued as of June 30, 1947, having been replaced by a one-half cent tax levy; and

      Whereas, No proceeds from the one-half cent tax levy will be available until January 1, 1948, thereby leaving no funds available for the period July 1, 1947, to December 31, 1947; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  To enable the Agricultural Extension Division of the University of Nevada to meet its obligation under its cooperative agreement with the United States department of agriculture under the provisions of the Smith-Lever act of Congress, there is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the period July 1, 1947, to December 31, 1947, the sum of four thousand seven hundred fifty ($4,750) dollars to be expended under the direction of the director of the agricultural extension division of the University of Nevada with the approval of the board of regents, and for the purposes outlined in the cooperative agreement with the United States department of agriculture.

      Sec. 2.  The money herein appropriated shall be allocated as follows: For cooperative agriculture work in eastern Nevada, as defined in the Smith-Lever act of Congress, three thousand one hundred twenty-five and 00/100 ($3,125) dollars, and for cooperative agricultural extension work in western Nevada, as defined in the Smith-Lever act of Congress, one thousand six hundred twenty five and 00/100 ($1,625) dollars.

      Sec. 3.  All claims against these funds shall be certified by the director of the agricultural extension division of the University of Nevada, approved by the board of regents and the state board of examiners, and when so certified and approved the state controller is hereby authorized and directed to draw his warrants in payment of same, and the state treasurer is hereby authorized and directed to pay the same.

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

Preamble

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cooperative agreement obligation, appropriation for

 

 

 

 

 

Appropriation allocated

 

 

 

 

 

Claims, how paid

 

 

 

 

In effect

 

________


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

ê1947 Statutes of Nevada, Page 764ê

CHAPTER 240, SB 78

 

 

 

 

 

 

 

 

 

 

 

 

 

Attorney general counsel for department of highways

Compensation; duty of controller and state treasurer

 

 

 

Repeal

 

In effect

[Senate Bill No. 87–Senator Tallman]

 

Chap. 240–An Act to amend an act entitled “An act to provide a general highway law for the State of Nevada,” approved March 23, 1917, as amended.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby added to the above-entitled act a new section to be known as section 4 1/2, which shall immediately follow section 4 (being section 5253 N. C. L. 1925).

      Section 4 1/2.  The attorney general of Nevada shall be counsel and attorney for the department of highways in all actions, proceedings, and hearings.

      In order to partially compensate the office of attorney general for services rendered, the department of highways is hereby directed, on or before the first day of each month, to authorize the state controller of Nevada to draw his warrant in the sum of two hundred fifty ($250) dollars in favor of the state treasurer of Nevada, said sum of money to be taken from the state highway fund not otherwise appropriated. The state treasurer shall place said sum of money in the fund of the office of attorney general to be used to partially pay the expenses of said attorney general’s office.

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

      Sec. 3.  This act is to take effect immediately upon its passage and approval.

 

________

 

CHAPTER 241, SB 9

 

[Senate Bill No. 9–Senator Wiley]

 

Chap. 241–An Act to amend an act entitled “An act supplementary to an act entitled ‘An act to create a board of county commissioners in the several counties of the state and to define their duties and powers,’ approved March 8, 1865,” approved February 19, 1867, as amended.

 

[Approved March 31, 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 1963 Nevada Compiled Laws 1929, is hereby amended to read as follows:

      Section 1.  In letting all contracts of any and every kind, character, and description whatever, where the contract in the aggregate exceeds the sum of one thousand dollars, the county commissioners shall advertise such contract or contracts to be let, stating the nature and character thereof-and when plans and specifications are to constitute part of such contract, it shall be stated in the notice where the same may be seen-in some newspaper published for three consecutive weeks; provided, no contract shall be let within twenty days after the date of first publication, such notice to set forth the object and to designate the time and place when and where such bids shall be received and opened and such other matters as may properly pertain to giving notice of bids; in case the contract be for constructing any public building, then the advertisement shall be in that paper published in the county which is nearest the selected location for such building; and in case there shall be no newspaper published in their county, then by posting notices of the same in five of the most conspicuous and public places in their county for the same period of time.


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

ê1947 Statutes of Nevada, Page 765 (Chapter 241, SB 9)ê

 

county commissioners shall advertise such contract or contracts to be let, stating the nature and character thereof-and when plans and specifications are to constitute part of such contract, it shall be stated in the notice where the same may be seen-in some newspaper published for three consecutive weeks; provided, no contract shall be let within twenty days after the date of first publication, such notice to set forth the object and to designate the time and place when and where such bids shall be received and opened and such other matters as may properly pertain to giving notice of bids; in case the contract be for constructing any public building, then the advertisement shall be in that paper published in the county which is nearest the selected location for such building; and in case there shall be no newspaper published in their county, then by posting notices of the same in five of the most conspicuous and public places in their county for the same period of time. All such contracts shall be let to the lowest responsible bidder, subject to the provisions of the twenty-third section of the act to which this is supplementary; provided, that the provisions of this act shall not apply to contracts for the construction or repair of bridges, highways, streets, or alleys where the same conflicts with other acts in relation to bridges, highways, streets, or alleys.

County commissioners to advertise contracts, when; procedure

 

 

 

 

 

 

 

 

Contracts let to whom

 

Proviso

 

________

 

CHAPTER 242, SB 321

[Senate Bill No. 123–Committee on Finance]

 

Chap. 242–An Act to provide that reports be submitted to the secretary of state by certain charitable organizations.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Each national charitable organization and each state-wide charitable organization which is operating in the State of Nevada, and receives its major support from donations from the public, shall upon the first day of July of each year file with the secretary of state of the State of Nevada a report of the financial condition, showing all receipts and expenditures realized through operation in the State of Nevada for the preceding year.

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

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

 

 

 

 

 

 

 

 

 

 

Charitable organizations to file financial report

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1947 Statutes of Nevada, Page 766ê

CHAPTER 243, SB 44

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Council meetings; travel expense allowed

 

Appropriation

 

 

In effect

[Senate Bill No. 44–Senators Rowe, Murray, Wiley, and McGuirk]

 

Chap. 243–An Act to amend an act entitled “An act providing for voluntary apprenticeship,” approved March 25, 1939, as amended.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, being sections 506-506.13, inclusive, Nevada Compiled Laws 1929, 1931-1941 Supplement, is hereby amended by inserting therein a new section to be known as section 12 1/2, immediately following section 12 of said act, reading as follows:

      Section 12 1/2.  All members of the apprenticeship council and the state director of apprenticeship shall be allowed their necessary travel and living expenses while attending council meetings away from their respective places of residence, which said expenses shall be paid at the same rate and in the same manner as other state officers’ like expenses are paid. For the payment of said expenses and necessary printing required by this act there is hereby appropriated for the 1947-1949 biennium the sum of three thousand ($3,000) dollars.

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

 

________

 

CHAPTER 244, SB 921

 

 

 

 

 

 

 

 

 

 

Regents meetings public

 

In effect

[Senate Bill No. 129–Committee on Finance]

 

Chap. 244–An Act to provide that all regular and special meetings of the board of regents of the University of Nevada shall be opened to the public.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  From and after the approval of this act, all regular and special meetings of the board of regents of the University of Nevada shall be opened to the public.

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

 

________

 

 


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

ê1947 Statutes of Nevada, Page 767ê

CHAPTER 245, SB 331

[Senate Bill No. 133–Senator Murray]

 

Chap. 245–An Act authorizing the state board of relief, work planning, and pension control as directors of the state orphans’ home of the State of Nevada to convey to the department of highways of said state all its right, title and interest in and to certain state lands situated in Ormsby County, now under the jurisdiction of said board of directors.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The state board of relief, work planning and pension control as directors of the state orphans’ home of the State of Nevada is hereby authorized to convey to the department of highways of said state, for the use of the said department, all its right, title and interest in and to that certain land belonging to the State of Nevada now under the jurisdiction of said board of directors being situated in Ormsby County and being that portion of the E 1/2 of the NW 1/4 of the NW 1/4 and the W 1/2 of the NE 1/4 of the NW 1/4 of section 20, T. 15 N., R. 20 E., M. D. B. & M., lying between the easterly right of way line of the state highway and the westerly right of way of the Virginia & Truckee Railroad and containing approximately 16 acres.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Directors to convey land to department of highways

 

 

 

 

 

In effect

 

________

 

CHAPTER 246, SB 441

[Senate Bill No. 144–Senator Cox]

 

Chap. 246–An Act to amend an act entitled “An act to provide for the adoption of children, defining the methods of procedure therefor, defining the duties of certain persons in relation thereto, and other matters properly relating thereto,” approved March 28, 1941.

 

[Approved March 31, 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 1065, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 1.  Any adult person may petition the district court in the county in this state wherein he has resided during the preceding six months for leave to adopt a minor child; but no such petition by a married person shall be granted unless the husband or wife join therein, excepting that when such petitioner shall be married to the natural father or mother of such a child then such joinder by such father or mother shall be deemed unnecessary.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Petition for adoption; joinder; exception


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

ê1947 Statutes of Nevada, Page 768 (Chapter 246, SB 441)ê

 

 

 

 

 

 

Procedure re filing petition for adoption

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Written consent necessary

 

 

Consent of parent not necessary, when

that when such petitioner shall be married to the natural father or mother of such a child then such joinder by such father or mother shall be deemed unnecessary.

      Sec. 2.  Section 2 of the above-entitled act, being section 1065.01, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 2.  Upon the filing of a petition for the adoption of a minor child, the petition shall be filed in duplicate with the county clerk. The clerk shall thereupon notify the state welfare department of the filing of the petition and shall transmit the duplicate copy of said petition to said department, together with a copy of the order, if entered, directing an investigation and the submission of a report as hereinafter provided. If the court shall so order and direct it shall then be the duty of the said department to verify the allegations of said petition and to investigate the condition and antecedents of the child and make appropriate inquiry to determine whether the proposed adopting home is a suitable home for the child. The department shall within thirty days after receiving notice of the entry of said order submit to the court a full written report of its findings and shall furnish to the court any other information regarding the child or the proposed home which the court may require. The court may on good cause shown, extend the department’s time within which to submit said report. No petition for adoption shall be approved until the child shall have lived for a period of six months in the proposed home.

      Sec. 3.  Section 3 of the above-entitled act, being section 1065.02 N. C. L. 1929, 1941 Supplement, is hereby amended to read as follows:

      Section 3.  Except as otherwise specified in this section, no adoption shall be permitted except with a written consent duly acknowledged by the living parents of a child, or the mother of a child born out of wedlock. In the case of a child fourteen years of age or over, the consent of such child shall be required and must be given in writing in the presence of the court. Where the parent or guardian relinquishes a child for adoption to a recognized organization, institution, or society of this or another state, or to the state department of welfare, which relinquishment is recognized by law, it shall not be necessary, in adopting said child, to obtain the permission of the parent or guardian who has relinquished the said child. Consent shall not be required of parents whose parental rights have been terminated by order of a juvenile or other court of competent jurisdiction; provided, however, that in such case adoption shall be permitted only on consent of the guardian of said child. The consent or relinquishment of a parent who is a minor shall not be voidable because of that minority.


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

ê1947 Statutes of Nevada, Page 769 (Chapter 246, SB 441)ê

 

of that minority. If such child has no living parent, adoption shall be permitted on consent of the legal guardian of the child, or if there is no guardian, by the juvenile court. In all cases arising under the provisions of this section the court may cite the representative of the child welfare department to make the investigation and report the results thereof to the court, and the court in ordering an adoption may take into consideration such matters as may have been obtained through the child welfare department. In a case where a father or mother deserts a child without provision for his identification, the adoption shall not be permitted without the consent of the guardian.

      Sec. 4.  The above-entitled act is hereby amended by adding thereto a new section to be known as “section 3a,” which shall immediately follow section 3, being section 1065.02 N. C. L. 1929, 1941 Supplement, of said act, and which shall read as follows:

      Section 3a.  Upon the hearing of the petition the petitioner or petitioners shall appear before the court in which said petition is pending and shall thereupon execute an agreement to the effect that the child shall be adopted and treated in all respects as his, or her, or their own lawful child should be treated, including the rights of support, protection, and inheritance. The court in its discretion may require that the child also appear.

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

Consent of guardian, when

 

 

 

 

 

 

 

 

 

 

Petitioner to execute agreement

 

 

 

 

In effect

 

________

 

CHAPTER 247, SB 601

[Senate Bill No. 106–Committee on Finance]

 

Chap. 247–An Act authorizing the construction of a heating plant at the University of Nevada; defining the duties of the board of regents and of the state planning board in relation thereto, making an appropriation therefor, and other matters relating thereto.

 

[Approved March 31, 1947]

 

      Whereas, Chapter 220 Statutes of Nevada 1945 provides for the construction, equipment, and furnishing of a new classroom building and facilities at the University of Nevada and appropriates three hundred and fifty thousand ($350,000) dollars therefor; and

      Whereas, The board of regents under the provisions of said act had plans prepared for said building, but owing to shortage of materials and labor was unable to proceed with the construction of same; and

      Whereas, The heating plant at the University of Nevada is inadequate to properly heat the buildings of the University of Nevada, thereby creating a hazard to the health and welfare of the students and faculty of the University of Nevada; and

 

 

 

 

 

 

 

 

 

 

Preamble


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

ê1947 Statutes of Nevada, Page 770 (Chapter 247, SB 601)ê

 

Preamble

 

 

 

 

 

 

 

 

 

 

 

Appropriation for heating plant

 

 

 

 

Duty of controller and treasurer

 

 

 

Disposal of salvaged material

 

 

 

 

Duty of state planning board

 

Appropriation, architect’s fee

is inadequate to properly heat the buildings of the University of Nevada, thereby creating a hazard to the health and welfare of the students and faculty of the University of Nevada; and

      Whereas, The regents of the University have agreed to allocate the balance remaining in this three hundred fifty thousand ($350,000) dollar appropriation, after paying the architect for his services in preparing plans for said classroom building, to the construction of a heating plant at the University of Nevada; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  There is hereby appropriated out of the State of Nevada postwar reserve fund the sum of three hundred twenty-six thousand ($326,000) dollars for the construction of a modern, efficient, and adequate heating plant at the University of Nevada, which money shall be expended by the board of regents of the University of Nevada upon claims approved by it, and audited and paid as other claims against the state are allowed and paid.

      Sec. 2.  In order that the money herein appropriated may continue to be invested and draw interest until it is used, the state controller and the state treasurer are hereby authorized and directed to transfer this sum of money when and as needed from the postwar reserve fund to a fund to be designated as the “University of Nevada heating plant fund.”

      Sec. 3.  The board of regents of the University of Nevada is hereby authorized and directed to dispose of any salvaged material from the present heating plant, such as boilers, piping, etc., in any manner that in its judgment is most advantageous to the state; provided, however, that the proceeds from the sale of any such salvaged material shall be remitted to the state treasurer to be placed in the general fund in the state treasury.

      Sec. 4.  The preparation of detailed plans and specifications together with all construction details with respect to said heating plant shall be carried out by the state planning board in the manner now provided for by law.

      Sec. 4a.  There is hereby appropriated from the Nevada postwar fund, the sum of thirty-five hundred ($3,500) dollars for the purpose of paying architect Edward Parsons for the balance due for architectural services rendered to the board of regents in the preparation of plans and specifications for a classroom building as provided for by chapter 220, Statutes of Nevada 1945. Said sum of money hereby appropriated to be paid by claim approved by the board of regents of the University of Nevada and audited and paid as other claims against the state are allowed and paid.


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

ê1947 Statutes of Nevada, Page 771 (Chapter 247, SB 601)ê

 

University of Nevada and audited and paid as other claims against the state are allowed and paid.

      Sec. 5.  All acts or parts of acts so far as they may be in conflict with the provisions of this act and particularly that certain act being chapter 220, Statutes of 1945, entitled “An act providing for the construction, equipment, and furnishing of a new classroom building and facilities at the state University of Nevada, defining the duties of the board of regents entrusted with the government of the university, providing when the actual building program shall begin, providing an appropriation therefor out of the State of Nevada postwar reserve fund, and other matters properly related thereto,” are hereby repealed, and all moneys appropriated by said last-mentioned act and remaining unexpended shall revert to the State of Nevada postwar reserve fund.

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

 

 

Certain act repealed

 

 

 

 

 

 

 

 

 

In effect

 

________

 

CHAPTER 248, SB 251

[Senate Bill No. 152–Committee on Finance]

 

Chap. 248–An Act to amend an act entitled “An act providing for the establishment and maintenance of a state postwar reserve fund; making an appropriation therefor; providing for transfers to said fund; making and fixing a tax levy to provide therefor, and other matters relating thereto,” approved March 24, 1943.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 4 of the act mentioned in the title of this act is hereby amended so as to read as follows:

      Section 4.  At all times there shall be kept in the general fund in the state treasury a sufficient sum to pay all sums authorized to be paid therefrom either by specific appropriation or otherwise, and, in addition, there shall likewise be kept therein a sum sufficient in the opinion of the state board of finance to insure that the state may operate on a cash basis and with a sufficient reserve for emergencies arising from year to year. All receipts and balances in the general fund of the state treasury in excess of the amount of the above-mentioned sums shall be placed in the state postwar reserve fund. Whenever there shall not be in the general fund of the state treasury a sufficient amount of available balances and receipts to supply the sums appropriated and maintain the additional reserve aforesaid, the deficiency shall be fully met by a transfer out of state postwar reserve fund into the general fund of the state treasury.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

General fund sufficient, when

 

 

 

Disposition of surplus

 

Transfer from postwar fund, when


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

ê1947 Statutes of Nevada, Page 772 (Chapter 248, SB 251)ê

 

 

 

 

Repeal

In effect

be fully met by a transfer out of state postwar reserve fund into the general fund of the state treasury. All transfers provided hereunder shall be made by the state controller and state treasurer.

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

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

 

________

 

CHAPTER 249, AB 26

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Product must correspond to description

[Assembly Bill No. 62–Mr. Smith]

 

Chap. 249–An Act to amend an act entitled “An act to prevent fraud or misrepresentation in the distribution and sale of gasoline, distillate, and lubricating oil; regulating the distribution and sale of such products; defining the powers and duties of the sealer of weights and measures, or his appointees; prescribing specifications to be required for petroleum or petroleum products sold or offered for sale as ‘gasoline’; providing for taking samples of certain refined petroleum products; providing for sealing of certain containers, pumps and storage tanks connected thereto; providing for labeling of certain containers and pumps, and further providing an annual tax on products sold within this state to secure the necessary revenue to enforce the provisions of this act, and fixing penalties for violation of any provisions contained herein,” approved March 31, 1931.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  The above-entitled act, being sections 5035-5035.17, 1929 N. C. L., 1941 Supp., is hereby amended by adding thereto a new section to be known as section 4.1 which will immediately follow section 4 of said act and will read as follows:

      Section 4.1.  Whenever the description of any petroleum product is displayed on any tank, receptacle, or other delivery device used for sale to the public, the kind, character, and name of the petroleum product must correspond to the representations thereon.

      Sec. 2.  Section 5 of the above-entitled act, being section 5035.04, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

      Section 5.  It shall be unlawful for any person, individual, firm, association, or corporation, or any member, officer, agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline, unless the same shall conform to the following specifications:

 


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

ê1947 Statutes of Nevada, Page 773 (Chapter 249, AB 26)ê

 

agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale, any petroleum or petroleum product as, or purporting to be, gasoline, unless the same shall conform to the following specifications:

      a. It shall be free from water and suspended matter.

      b. A clean copper strip shall not show more than extremely slight discoloration when submerged in the gasoline for three (3) hours, at 122 F., the test being conducted in accordance with the American society for testing materials, standard D130-30, as published in “American Society for Testing Materials Standards,” 1930.

      c. It shall distill, within the following limits, when tested in accordance with the latest revision of the American society for testing materials, standard D86-46, standard method of test for gasoline, naphtha, kerosene, and similar petroleum products, as published in “American Society for Testing Materials Standards,” using the low distillation thermometer:

      1.  When the thermometer reads 167 degrees Fahrenheit, not less than 10 percent shall be evaporated.

      2.  When the thermometer reads 284 degrees Fahrenheit, not less than 50 percent shall be evaporated.

      3.  When the thermometer reads 392 degrees Fahrenheit, not less than 90 percent shall be evaporated.

      4.  The end point shall not be higher than 437 degrees Fahrenheit.

      5.  At least 95 percent shall be recovered as distillate in the receiver from the distillation.

      6.  The distillation residue shall not exceed 2 percent.

      7.  The sulfur content shall not exceed .35%.

      Sec. 3.  The above-entitled act is hereby amended by adding thereto a new section to be known as section 5.1, which will immediately follow section 5 of said act, and will read as follows:

      Section 5.1.  Crankcase drainings, lube-distillate, or any other petroleum product shall not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in an internal combustion engine unless such product conforms to the following specifications:

      a. It shall be free from water and suspended matter when tested by means of centrifuge, in accordance with the American society for testing materials, standards designation D96-40, as published in “American Society for Testing Materials Standards,” 1940.

      b. The flash points for the various S. A. E. (“Society of Automotive Engineers”) classifications shall not be less than the following when tested in accordance with the American society for testing materials, Pensky-Martens closed tester standards designation D93-40, as published in “American Society for Testing Materials Standards,” 1940.

Required specifications for gasoline

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Required specifications for crankcase drainings, etc.


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

ê1947 Statutes of Nevada, Page 774 (Chapter 249, AB 26)ê

 

Required specifications for crankcase drainings, etc.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Unlawful to sell petroleum product, when

 

 

 

 

 

Reclaimed motor oil, description of

standards designation D93-40, as published in “American Society for Testing Materials Standards,” 1940.

 

                    S. A. E. number       Minimum flash degrees Fahrenheit

                                10                              290

                                20                              320

                                30                              340

                                40                              350

                                50                              360

                                60                              375

                                70                              400

 

      The minimum flash point for a 10W grade motor oil or lubricating oil shall not be less than 290 degrees Fahrenheit when tested in accordance with the American society for testing materials, Pensky-Martens closed tester, standard designation D93-40, as published in “American Society for Testing Materials Standards,” 1940.

      The minimum flash point for a 20W grade motor oil or lubricating oil shall not be less than 320 degrees Fahrenheit when tested in accordance with the American society for testing materials, Pensky-Martens closed tester, standards designation D93-46, as published in “American Society for Testing Materials Standards,” 1946.

      Sec. 4.  The above-entitled act is further amended by adding thereto a new section to be known as section 5.2, which will immediately follow section 5.1 of said act, and will read as follows:

      Section 5.2.  It shall be unlawful for any person, individual, firm, association, or corporation, or any member, officer, agent, or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale, any petroleum or petroleum product to be used for heating purposes, unless the same shall conform to Pacific specifications for the particular grade represented.

      Sec. 5.  The above-entitled act is further amended by adding thereto a new section to be known as section 6.1, which will immediately follow section 6 of said act, and will read as follows:

      Section 6.1.  Except as provided in this act, if any lubricating or motor oil sold, or offered for sale or delivery, has been previously used for the lubrication of internal combustion engines or any gearing or shafting attached to or connected thereto, or for any other lubricating purposes, or has been rerun or filtered, redistilled or reclaimed, the container shall bear a superimposed sign or label containing the clearly legible words “reclaimed motor oil” or “lubricating oil, reclaimed.”

      Sec. 6.  The above-entitled act is further amended by adding thereto a new section to be known as section 6.3, which will immediately follow section 6.2 of said act, and will read as follows:

 


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

ê1947 Statutes of Nevada, Page 775 (Chapter 249, AB 26)ê

 

adding thereto a new section to be known as section 6.3, which will immediately follow section 6.2 of said act, and will read as follows:

      Section 6.3.  All methods used in testing petroleum products referred to in this act may be changed to conform with the latest revision of the “American Society of Testing Materials Standards.”

      Sec. 7.  Section 9 of the above-entitled act, being section 5035.08, 1929 N. C. L., 1941 Supp., is hereby amended to read as follows:

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

      On or before the 25th day of each calendar month it shall be the duty of every person, individual, firm, association, or corporation, or any member, officer, agent or employee thereof, receiving any of the aforementioned products to send to the state sealer a correct report of all shipments, consignments, or receipts during the preceding month, and such report shall include the following: a. The number of gallons of gasoline, and lubricating oil received. A copy of such monthly report shall be sent to the state treasurer of Nevada accompanied by the fees herein required due the state on such gasoline and lubricating oil. Failure to send such report and remittance as above specified shall be a violation of the act and punishable under it.

      Sec. 8.  All acts or parts of acts, insofar as they may be inconsistent with the provisions of this act, are hereby repealed.

      Sec. 9.  This act shall be in full force and effect from and after its passage and approval.

 

 

Testing methods used

 

 

 

 

Importers to pay inspection fee

 

 

 

 

Exception

 

 

Reports to state sealer

 

 

 

 

 

 

 

 

Repeal

 

In effect

 

________

 

 


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

ê1947 Statutes of Nevada, Page 776ê

CHAPTER 250, AB 901

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Independent or other nominations, how made

 

 

 

 

 

 

 

 

 

 

Certificates filed, where and when

 

 

 

 

 

 

Oath of candidate

 

 

Filing fees

[Assembly Bill No. 109–Messrs. Englestead and Free]

 

Chap. 250–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.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 31 of the above-entitled act, being section 2435 N. C. L. 1929, is hereby amended 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 signatures 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.

      Any candidate filing such certificate of nomination for any office shall be required to state under oath that he has not, within one year prior to the date of such filing, been registered as a member of any political party.

      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.


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

ê1947 Statutes of Nevada, Page 777 (Chapter 250, AB 901)ê

 

the provisions of this section, but all such candidates shall be nominated at the primary election.

      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.

Offices excepted

 

Repeal

 

In effect

 

________

 

CHAPTER 251, AB 421

[Assembly Bill No. 124–Mr. Miller (White Pine)]

 

Chap. 251–An Act to amend an act entitled “An act to provide a water law for the State of Nevada; providing a system of state control; creating the office of the state engineer and other offices connected with the appropriation, distribution and use of water, prescribing the duties and powers of the state engineer and other officers and fixing their compensation; prescribing the duties of water users and providing penalties for failure to perform such duties; providing for the appointment of water commissioners, defining their duties and fixing their compensation; providing for a fee system, for the certification of records, and an official seal for the state engineer’s office; providing for an appropriation to carry out the provisions of this act; and other matters properly connected therewith, and to repeal all acts and parts of acts in conflict with this act, repealing an act to provide for the appropriation, distribution and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer, an assistant state engineer, and fixing their compensation, duties, and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907; also repealing an act amendatory of a certain act entitled ‘An act to provide for the appropriation, distribution, and use of water, and to define and preserve existing water rights, to provide for the appointment of a state engineer and assistant state engineer, and fixing their compensation, duties, and powers, defining the duties of the state board of irrigation, providing for the appointment of water commissioners and defining their duties, approved February 26, 1907, and to provide a fee system for the certification of the records of, and an official seal for the state engineer’s office, and other matters relating thereto,’ approved February 20, 1909,” approved March 22, 1913, as amended.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Section 63 of the above-entitled act, being section 7948 N.

 


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

ê1947 Statutes of Nevada, Page 778 (Chapter 251, AB 421)ê

 

 

 

 

Duty of state engineer re applications for water

 

 

 

 

 

 

 

 

 

 

 

 

Disposition of application

 

 

 

 

 

 

 

In effect

section 7948 N. C. L. 1929, as amended by chapter 45, Statutes of Nevada 1945, is hereby amended to read as follows:

      Section 63.  It shall be the duty of the state engineer to approve all applications made in proper form where all fees, as in this act provided, have been paid, which contemplate the application of water to beneficial use, and where the proposed use or change does not tend to impair the value of existing rights, or be otherwise detrimental to the public welfare. The state engineer shall either approve or reject each application within one year from the final date for filing protest; provided, that in the case of a protested application, action can be postponed by the state engineer upon written authorization to do so by both protestant and applicant; and provided further, that in areas where water supply studies are being made or where court actions are pending, the state engineer may withhold action until such time as it is determined there is unappropriated water or the court action becomes final. But where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights, or threatens to prove detrimental to the public interests, it shall be the duty of the state engineer to reject said application and refuse to issue the permit asked for.

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

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

 

________

 

 


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

ê1947 Statutes of Nevada, Page 779ê

CHAPTER 252, AB 72

[Assembly Bill No. 27–Messrs. Hazard, Fairchild, Folsom, Miller (White Pine), McCuistion, Monroe, Warner, and Starks]

 

Chap. 252–An Act to amend an act entitled “An act creating the office of veterans’ service commissioner, providing the qualifications, the manner of appointment, duties, salary, and term of office of such officer, providing an appropriation therefor, and declaring an emergency to exist,” approved March 29, 1943.

 

[Approved March 31, 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 creating the office of veterans’ service commissioner and deputy veterans’ service commissioner, providing the qualifications, the manner of appointment, duties, salary, term of office, and district of each said commissioner, declaring an emergency to exist, repealing section 7 thereof, and other matters relating thereto.

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

      Section 1.  There is hereby created the office of veterans’ service commissioner and deputy veterans’ service commissioner.

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

      Section 2.  Such commissioner and such deputy commissioner shall be appointed by the governor of the State of Nevada from a list of names selected by a committee composed of the department commanders, or other similar officers, of the United Spanish War Veterans, Veterans of Foreign Wars, American Legion, Disabled American Veterans of the World War, and of any other nationally recognized service organization wherein membership is based upon service in the military and naval forces of the United States during time of war; provided, that in the event the governor does not approve the appointment of any of the persons recommended, then he may request other and additional recommendations. Any person to be eligible for appointment as such commissioner or as such deputy commissioner shall be an actual and bona fide resident of the State of Nevada, and shall possess an honorable discharge from some branch of the military and naval service of the United States.

      Immediately upon a vacancy occurring in the office of veterans’ service commissioner or deputy veterans’ service commissioner, the governor shall notify the department heads of such service organizations, who shall within ten days thereafter make the recommendation herein required of them.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title amendment

 

 

 

 

Office created

 

 

Governor to appoint veterans’ service commissioners

 

 

 

 

 

 

Qualifications

 

 

Vacancy, how filled


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

ê1947 Statutes of Nevada, Page 780 (Chapter 252, AB 72)ê

 

 

 

 

Duties of veterans’ service commissioners

 

 

 

 

 

 

Additional duties

 

 

 

 

 

 

 

 

 

Commissioners may administer oaths

 

 

 

 

 

 

Salaries and additional allowances

thereafter make the recommendation herein required of them.

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

      Section 3.  The duties of the veterans’ service commissioner and the deputy veterans’ service commissioner shall be to assist veterans, and those presently serving in the military and naval forces of the United States who are residents of the State of Nevada, their wives, widows, husbands, children, dependents, administrators, executors, and personal representatives, in preparing, submitting, and presenting any claim against the United States, or any state, for adjusted compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation, and assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States, or of any of the states. It shall also be the duty of each commissioner to aid, assist, encourage, and cooperate with every nationally recognized service organization insofar as the activities of such organizations are for the benefit of veterans and service men and women. It shall also be the duty of each said commissioner to give aid, assistance, and counsel to each and every problem, question, and situation, individual as well as collective, affecting any veteran or service man or woman, or their dependents, or to any group of veterans or service men and women, when in his opinion such comes within the scope of this act.

      Sec. 5.  Section 4 of the above-entitled act is hereby amended to read as follows:

      Section 4.  The said commissioner and the deputy veterans’ service commissioner each shall have a seal of office and be authorized to administer oaths to any person whose acknowledgment may become necessary in the prosecution of any claim for compensation, hospitalization, insurance, or other aid or benefits, and each said commissioner is hereby authorized and empowered to certify to the correctness of any document or documents which may be submitted in connection with any such application.

      Sec. 6.  Section 5 of the above-entitled act is hereby amended to read as follows:

      Section 5.  The salary of the veterans’ service commissioner shall be forty-two hundred ($4,200) dollars per year, and the salary of the deputy veterans’ service commissioner shall be thirty-three hundred ($3,300) dollars per year, to be paid in the same manner as other state officers. Each said commissioner shall be allowed to employ such clerical and stenographic assistance as shall be necessary and to purchase necessary office equipment and supplies, and shall be allowed necessary travel and miscellaneous administrative expenses in the administration of this act, all of which said clerical and stenographic services, office equipment and supplies, travel expenses at the same rate as other state officers, and miscellaneous administrative expenses and salaries shall be paid at the time and in the manner that similar claims and expenses of other state departments and officers are paid; provided, all said expenses shall be within the limits of the appropriation made for the purposes of this act; and provided further, that the salaries and compensation of clerks and stenographers herein provided shall be at the same rate as that provided in the laws of this state for clerks and stenographers in other state departments.


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

ê1947 Statutes of Nevada, Page 781 (Chapter 252, AB 72)ê

 

and stenographic services, office equipment and supplies, travel expenses at the same rate as other state officers, and miscellaneous administrative expenses and salaries shall be paid at the time and in the manner that similar claims and expenses of other state departments and officers are paid; provided, all said expenses shall be within the limits of the appropriation made for the purposes of this act; and provided further, that the salaries and compensation of clerks and stenographers herein provided shall be at the same rate as that provided in the laws of this state for clerks and stenographers in other state departments.

      Sec. 7.  Section 6 of the above-entitled act is hereby amended to read as follows:

      Section 6.  The office of the veterans’ service commissioner shall be located in the same city as the state branch office of the United States veterans’ bureau maintains its state administrative bureau, and in the event that such office be discontinued in the State of Nevada, then at such place as the governor may designate. The office of the deputy veterans’ commissioner shall be maintained at Las Vegas, Clark County, Nevada, and he shall serve in and his district shall be the counties of Clark, Lincoln, Nye, and Esmeralda; provided, that the veterans’ service commissioner shall serve the remaining counties of the state.

      Sec. 8.  Section 7 of the above-entitled act be, and the same is hereby repealed.

      Sec. 9.  Section 8 of the above-entitled act is hereby amended to read as follows:

      Section 8.  The term of office of the veterans’ service commissioner and the deputy veterans’ service commissioner each shall be for a period of two years, terminating regardless of date of appointment on December 31 of each even-numbered year; provided, however, that each said commissioner may be removed from office at any time on failure to perform the duties herein required of him; and provided further, that such office shall not be permitted to be vacant at any time for a period of more than thirty days.

      Sec. 10.  This act shall be in full force and effect from and after its passage and approval.

 

 

 

 

 

Compensation of clerks

 

 

 

Location of offices

 

 

 

 

 

 

 

Section repealed

 

Term of office

 

 

 

 

 

 

In effect

 

________

 

 


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

ê1947 Statutes of Nevada, Page 782ê

CHAPTER 253, SB 311

 

 

 

 

 

 

 

 

 

 

 

 

 

Preamble

[Senate Bill No. 113–Senator Baker (By Request)]

 

Chap. 253–An Act to provide for the creation of housing authorities, providing for the appointment of commissioners of said authority, defining the power of the authority, providing for the removal of commissioners, prescribing regulations with respect to rentals and tenant admissions, authorizing the authority to issue bonds and prescribing the manner of payment therefor, exempting certain property from execution sale, authorizing the authority to borrow money or accept contributions from the federal government, and other matters relating thereto.

 

[Approved March 31, 1947]

 

      Whereas, An acute shortage of permanent housing exists for veterans and other persons of low income in the state; and

      Whereas, In both urban and rural area dwelling accommodations are overcrowded and there is a shortage of safe or sanitary dwelling accommodations available at rents or prices which veterans and other persons of low income can afford, forcing such persons to occupy unsafe, overcrowded, and insanitary dwelling accommodations; and

      Whereas, These conditions cause an increase in and a spread of disease and crime, and constitute a menace to health, safety, morals, and welfare of the residents of the state, and necessitate excessive expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities; and

      Whereas, This shortage of safe and sanitary dwellings for veterans and other persons of low income cannot be relieved without governmental assistance in the construction of housing projects for veterans and other persons of low income; and

      Whereas, The construction of such projects would make housing available for returning veterans of low income who are unable to provide themselves decent housing on the basis of the benefits heretofore made available to them; and

      Whereas, The providing of safe and sanitary dwelling accommodations for veterans and other persons of low income, is a public use and purpose for which public money may be spent and private property acquired by eminent domain; and

      Whereas, In the existing housing shortage, rental housing for veterans, servicemen and their families and families of deceased persons who served in the armed forces, where income will not permit rental payment of more than fifty ($50) dollars per month (exclusive of utilities), is not yet being supplied by private enterprise, and that exercise of the powers of housing authorities for housing of such persons is necessary during the existence of such temporary shortage; and

 


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

ê1947 Statutes of Nevada, Page 783 (Chapter 253, SB 311)ê

 

being supplied by private enterprise, and that exercise of the powers of housing authorities for housing of such persons is necessary during the existence of such temporary shortage; and

      Whereas, Upon the termination of such shortage of housing for such persons such housing should be utilized for the need of veterans and other persons of low income; now, therefore,

 

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

Assembly, do enact as follows:

 

      Section 1.  This act may be referred to as the “Housing Authorities Law.”

      Sec. 2.  The following terms, wherever used or referred to in this act, shall have the following respective meanings, unless a different meaning clearly appears from the context:

      (a) “Authority” shall mean any of the public corporations created or authorized to be created by this act.

      (b) “Governing body” shall mean city council, board of trustees, board of county commissioners, or other legislative body of the city, town, or county.

      (c) “City” shall mean any incorporated city.

      (d) “Town” shall mean any town for which the county board of commissioners acts as a town board.

      (e) “Mayor” shall mean the mayor of the city or the officer thereof charged with the duties customarily imposed on the mayor or executive head of the city.

      (f) “Clerk” shall mean the clerk of the city or town or the clerk of the county, as the case may be, or the officer charged with the duties customarily imposed on such clerk.

      (g) “Federal government” shall include the United States of America or any agency or instrumentality of the United States of America.

      (h) “Area of operation”: (1) in the case of an authority of a city or town, shall include such city or town and the area within five miles of the territorial boundaries thereof; provided, however, that the area of operation of an authority of any city or town shall not include any area which lies within the territorial boundaries of some other city or town as herein defined; (2) in the case of an authority of a county, shall include all of the county for which it is created; provided, however, that a county authority shall not undertake any housing project or projects within the boundaries of any city or town (as herein defined) unless a resolution shall have been adopted by the governing body of such city or town (and by any authority which shall have been theretofore established and authorized to exercise its powers in such city or town) declaring that there is a need for the county authority to exercise its powers within such city or town.

Preamble

 

 

 

 

 

 

 

 

 

Short title

Words and phrases defined


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

ê1947 Statutes of Nevada, Page 784 (Chapter 253, SB 311)ê

 

Words and phrases defined

county authority to exercise its powers within such city or town.

      (i) “Housing project” shall mean any work or undertaking: (1) to demolish, clear, or remove buildings from any area acquired by the authority; or (2) to provide decent, safe and sanitary urban or rural dwellings, apartments, or other living accommodations for persons of low income with preference to veterans and servicemen and their families and families of deceased persons who served in the armed forces; such work or undertaking may include buildings, land, equipment, facilities, and other real or personal property for necessary, convenient, or desirable appurtenances, streets, sewers, water service, utilities, parks, site preparation, landscaping, administrative, health, recreational, welfare, or other purposes; or (3) to accomplish a combination of the foregoing. The term “housing project” also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith.

      (j) “Veterans” shall mean persons who served in the military forces of the United States of America during the second world war and who have been discharged from service in such military forces, other than by dishonorable discharge.

      (k) “Persons of low income” shall mean persons or families who lack the amount of income which is necessary (as determined by the housing authority) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings, without overcrowding.

      (l) “Bonds” shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this act.

      (m) “Real property” shall include all lands, improvements and fixtures thereon, and every estate, interest and right therein.

      (n) “Obligee of the authority” or “obligee” shall include any bondholder, agents or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor’s interest or any part thereof, and the federal government when it is a party to any contract with the authority.

      (o) “State public body” shall mean any city, town, county, municipal corporation, commission, district, authority, other subdivision or public body of the state.

      Sec. 3.  In each city, town, or county of the state there is hereby created a public body corporate and politic to be known as the “housing authority” of the city, town, or county; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city, town, or county, as the case may be, by proper resolution shall declare at any time thereafter that there is need for an authority to function in such city, town, or county.


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

ê1947 Statutes of Nevada, Page 785 (Chapter 253, SB 311)ê

 

known as the “housing authority” of the city, town, or county; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city, town, or county, as the case may be, by proper resolution shall declare at any time thereafter that there is need for an authority to function in such city, town, or county. Such housing authority is hereby created a public body corporate for municipal purposes and shall be a municipal corporation. Upon the adoption of a resolution, as aforesaid, the chief executive of the city or the governing body of the town or county, as the case may be, shall thereupon appoint five persons to serve as commissioners of the authority. Three of the commissioners who are first appointed pursuant to this act shall be designated to serve for terms of one, two, and three years, respectively, from the date of their appointment, and two shall be designated to serve for terms of four years from the date of their appointment, but thereafter commissioners shall be appointed for a term of office of four years; provided, that nothing in this section shall affect the terms of office of commissioners appointed prior to the effective date of this act; and provided further, that on the expiration of such terms further appointments shall be made pursuant to the provisions of this paragraph. All vacancies shall be filled for the unexpired term. An authority shall select a chairman and a vice chairman from its commissioners. No commissioner shall receive compensation for his services, but shall be entitled to necessary expenses, including travel expenses incurred in the discharge of his duties. Any housing authority created and existing pursuant to chapter 20, Statutes of Nevada 1943, shall continue in existence for the purposes of section 22 of this act, and shall continue in existence for the purposes of and shall have all of the powers granted by this act in addition to section 22 if the governing body of the city, town, or county for which such housing authority was created declares by proper resolution that there is need for such housing authority to exercise the powers granted by this act.

      The governing body shall adopt a resolution declaring that there is need for an authority in the city, town, or county, as the case may be, if it shall find (a) that dwelling accommodations are occupied in such city, town, or county, which are unsafe, or insanitary, or (b) that there is a shortage of safe or sanitary dwelling accommodations in such city, town, or county available to veterans and other persons of low income at rentals they can afford.

      Sec. 4.  In determining, as provided in section 3 hereof, whether dwelling accommodations are unsafe or insanitary, a governing body may take into consideration the physical condition of the dwelling accommodations, the degree of overcrowding, the percentage of land coverage, the light, air, space, and access available to the occupants of such dwelling accommodations, the size and arrangement of the rooms, the adequacy of sanitary facilities and water supply, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.

Housing authority created; to function, when

 

 

 

Commissioners appointed

 

Term of office

 

 

 

 

 

 

 

Organization; no compensation; travel expenses; prior authority continued

 

 

 

 

 

Resolution of need adopted, when


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

ê1947 Statutes of Nevada, Page 786 (Chapter 253, SB 311)ê

 

In determining need of authority, what may be considered

 

 

 

 

Authority deemed established, when

 

 

 

 

 

 

Commissioner not to acquire interest in project

 

 

 

 

 

 

 

 

 

Commissioner may be removed, when

a governing body may take into consideration the physical condition of the dwelling accommodations, the degree of overcrowding, the percentage of land coverage, the light, air, space, and access available to the occupants of such dwelling accommodations, the size and arrangement of the rooms, the adequacy of sanitary facilities and water supply, and the extent to which conditions exist in such buildings which endanger life or property by fire or other causes.

      In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the authority, an authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of the resolution or resolutions herein prescribed declaring the need for the authority. Each such resolution or resolutions shall be deemed sufficient if it declares that there is such need for an authority and finds in substantially the terms provided in the preceding sections (no further detail being necessary) that the conditions therein enumerated exist. A copy of such resolution duly certified by the clerk shall be admissible in evidence in any suit, action, or proceeding.

      Sec. 5.  No commissioner or employee of an authority shall acquire any interest, direct or indirect, in any housing project or in any property included or planned to be included in any such project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any such housing project. If any commissioner or employee of an authority previously owned or controlled an interest, direct or indirect, in any property included or planned to be included in any housing project, he immediately shall disclose such interest in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure so to disclose such interest shall constitute misconduct in office. Upon such disclosure such commissioner or employee shall not participate in any action by the authority affecting such property.

      Sec. 6.  For inefficiency or neglect of duty or misconduct in office, a commissioner of an authority may be removed by the mayor (or in the case of an authority for a town or county, by its governing body), but a commissioner shall be removed only after a hearing and after he shall have been given a copy of the charges at least 10 days prior to such hearing and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk.


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

ê1947 Statutes of Nevada, Page 787 (Chapter 253, SB 311)ê

 

      Sec. 7.  An authority shall constitute a public body corporate and politic, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act (but not the power to levy and collect taxes or special assessments), including the following powers in addition to others herein granted:

      (a) To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority; and to make and from time to time amend and repeal bylaws, rules and regulations, to carry into effect the powers and purposes of the authority.

      (b) Within its area of operation: to prepare, carry out, and operate housing projects and to provide for the construction, reconstruction, improvement, extension, alteration, or repair of any such project or any part thereof; to determine where there is unsafe, insanitary, or overcrowded housing; to make studies and recommendations relating to the problem of eliminating unsafe, insanitary, or overcrowded housing; and to cooperate with the city, the county, the state, or any political subdivision thereof in action taken in connection with such problems.

      (c) To arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, or facilities for, or in connection with its housing projects; and (notwithstanding anything to the contrary contained in this act or any other provision of law) to include in any contract let in connection with a housing project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions attached to the financial aid of such project.

      (d) To lease or rent any dwellings, accommodations, buildings, structures, or facilities embraced in any housing project, and to establish and revise the rents or charges therefor; to own, hold, and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise any real or personal property or any interest therein; to acquire by the exercise of the power of eminent domain any real property; to sell, lease, exchange, transfer, assign, pledge, or dispose of any real or personal property or any interest therein; to insure or provide for the insurance of any real or personal property or operations of the authority against any risks or hazards.

      (e) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, liquid securities in which savings banks may legally invest funds subject to their control.

Powers and duties of housing authority


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

ê1947 Statutes of Nevada, Page 788 (Chapter 253, SB 311)ê

 

 

 

 

 

 

 

Policy of state

 

 

 

 

 

Basis of rates of rentals

 

 

 

 

 

 

 

 

 

 

 

Duties of authority re rentals and tenants

or any funds not required for immediate disbursement, liquid securities in which savings banks may legally invest funds subject to their control.

      (f) To exercise all or any part or combination of powers herein granted.

      No provision of law with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to an authority unless the legislature shall specifically so state.

      Sec. 8.  It is hereby declared to be the policy of this state that each authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals or payments for dwelling accommodations at low rates consistent with its providing decent, safe and sanitary dwelling accommodations for persons of low income, and that no authority shall construct or operate any housing project for profit, or as a source of revenue to the city, town, or the county. To this end an authority shall fix the rentals or payments for dwellings in its housing projects at no higher rates than it shall find to be necessary in order to produce revenues which (together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived) will be sufficient (a) to pay, as the same become due, the principal and interest on the bonds of the authority; (b) to create and maintain such reserves as may be required to assure the payment of principal and interest as it becomes due on its bonds; (c) to meet the cost of, and to provide for, maintaining and operating the housing projects (including necessary reserves therefor and the cost of any insurance) and the administrative expenses of the authority; and (d) to make such payments in lieu of taxes as it determines are consistent with the maintenance of the low-rent character of the housing projects.

      Sec. 9.  In the operation or management of housing projects an authority shall at all times observe the following duties with respect to rentals and tenant admissions: (a) It may rent or lease the dwelling accommodations therein only to veterans and other persons of low income, with preference to veterans and servicemen and families of deceased persons who served in the armed forces, and at rentals within the financial reach of such persons; (b) it may rent or lease to a tenant dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof, without overcrowding; and (c) an authority shall not accept any person or persons as tenants in any housing project if the person or persons who occupy the dwelling accommodations have an aggregate annual net income in excess of five times the annual rental of the quarters to be furnished such person or persons, except that in the case of persons with three or more minor dependents, such ratio shall not exceed six to one.


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

ê1947 Statutes of Nevada, Page 789 (Chapter 253, SB 311)ê

 

income in excess of five times the annual rental of the quarters to be furnished such person or persons, except that in the case of persons with three or more minor dependents, such ratio shall not exceed six to one. In computing the rental for this purpose of admitting tenants, there shall be included in the rental the average annual cost (as determined by the authority) to occupants of heat, water, electricity, gas, cooking fuel, and other necessary services or facilities, whether or not the charge for such services and facilities is included in the rental.

      Nothing contained in this or the preceding section shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by the authority, to take possession thereof or cause the appointment of a receiver thereof, free from all the restrictions imposed by this or the preceding section.

      Sec. 10.  Any authority or authorities may join or cooperate with another in the exercise, either jointly or otherwise, of any of their powers for the purpose of financing, including the issuance of bonds, notes, or other obligations and the giving of security therefor, planning, undertaking, owning, constructing, operating, or contracting with respect to a housing project or projects located within the area within which one or more of such authorities are authorized to exercise their powers. For such purpose any cooperating authority may, by resolution, prescribe and authorize any authority so joining and cooperating with it to act in its behalf in the exercise of any of such powers or the cooperating authorities may, by resolution, appoint from among the commissioners of such authorities an executive committee with full powers to act on behalf of such authorities with respect to any of their powers as prescribed by resolution of such authority.

      Sec. 11.  An authority shall agree to make such payments in lieu of taxes to the city, town, county, and the state, or any political subdivision thereof, as it finds consistent with the maintenance of the low-rent character of housing projects or the achievement of the purposes of this act.

      Sec. 12.  An authority shall have power to issue bonds from time to time, in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. An authority may issue such types of bonds as it may determine, including (without limiting the generality of the foregoing) bonds on which the principal and interest are payable: (a) exclusively from the income and revenues of the housing project financed with the proceeds of such bonds; (b) exclusively from the income and revenues of certain designated housing projects whether or not they are financed in whole or in part with the proceeds of such bonds; or (c) from its revenues generally.

 

 

 

 

 

 

 

Authority may invest rights in obligee, when

 

 

Authorities may cooperate re financing, etc., projects

 

 

 

 

 

 

 

 

 

Payments in lieu of taxes

 

 

Authority may issue bonds; types of bonds


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

ê1947 Statutes of Nevada, Page 790 (Chapter 253, SB 311)ê

 

 

 

 

 

 

 

Commissioners not liable on bonds; bonds not to constitute debt of city, etc.

 

 

 

 

 

Bonds authorized, how; interest rate limited

 

 

 

 

 

 

 

Signatures of officers on bonds, conclusive, when

 

 

 

 

Recitals in bond conclusive

revenues of certain designated housing projects whether or not they are financed in whole or in part with the proceeds of such bonds; or (c) from its revenues generally. Any such bonds may be additionally secured by a pledge of any grant or contributions from the federal government or other source, or a pledge of any income or revenues of the authority, or a mortgage of any housing project, projects or other property of the authority.

      Neither the commissioners of an authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority (and such bonds and obligations shall so state on their face) shall not be a debt of the city, the county, the state, or any political subdivision thereof, and neither the city, the county, the state, nor any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds or properties other than those of said authority. The bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction.

      Sec. 13.  Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, not exceeding six per centum (6%) per annum, be in such denomination or denominations, be in such form either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption (with or without premium) as such resolution, its trust indenture or mortgage may provide.

      The bonds may be sold at public or private sale at not less than par.

      In case any of the commissioners or officers of the authority whose signatures appear on any bonds or coupons shall cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this act shall be fully negotiable.

      In any suit, action, or proceedings involving the validity or enforceability of any bond of an authority or the security therefor, any such bond reciting in substance that it has been issued by the authority to aid in financing a housing project, as herein defined, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located, and carried out in accordance with the purposes and provisions of this act.


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

ê1947 Statutes of Nevada, Page 791 (Chapter 253, SB 311)ê

 

carried out in accordance with the purposes and provisions of this act.

      Sec. 14.  In connection with the issuance of bonds or the incurring of obligations under leases and in order to secure the payment of such bonds or obligations, an authority, in addition to its other powers, shall have power:

      (a) To pledge all or any part of its gross or net rents, fees, or revenues to which its right then exists or may thereafter come into existence.

      (b) To mortgage all or any part of its real or personal property, then owned or thereafter acquired.

      (c) To covenant against pledging all or any part of its rents, fees, and revenues, or against mortgaging all or any part of its real or personal property, to which its right or title then exists or may thereafter come into existence, or against permitting or suffering any lien on such revenues or property; to covenant with respect to its right to sell, lease, or otherwise dispose of any housing project or any part thereof; and to covenant as to what other, or additional debts or obligations may be incurred by it.

      (d) To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow and otherwise, and as to the use and disposition of the proceeds thereof; to provide for the replacement of lost, destroyed, or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to covenant for the redemption of the bonds, and to provide the terms and conditions thereof.

      (e) To covenant (subject to the limitations contained in this act) as to the rents and fees to be charged in the operation of a housing project or projects, the amount to be raised each year or other period of time by rents, fees and other revenues, and as to the use and disposition to be made thereof; to create or to authorize the creation of special funds for moneys held for construction or operating costs, debt service, reserves, or other purposes, and to covenant as to the use and disposition of the moneys held in such funds.

      (f) To prescribe the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto and the manner in which such consent may be given.

      (g) To covenant as to the use, maintenance and replacement of any or all of its real or personal property, the insurance to be carried thereon, and the use and disposition of insurance moneys.

      (h) To covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of any covenant, condition or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity, and as to the terms and conditions upon which such declaration and its consequences may be waived.

 

Powers of authority in issuance of bonds


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

ê1947 Statutes of Nevada, Page 792 (Chapter 253, SB 311)ê

 

Powers of authority in issuance of bonds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rights of obligee

 

 

 

 

 

 

 

 

 

 

Power of authority re rights of obligee

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

      (i) To vest in any obligees of the authority the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in an obligee or obligees holding a specified amount in bonds the right, in the event of a default by said authority, to take possession of and use, operate, and manage any housing project or any part thereof or any funds connected therewith, and to collect the rents and revenues arising therefrom, and to dispose of such moneys in accordance with the agreement of the authority with such obligees; to provide for the powers and duties of such obligees and to limit the liabilities thereof; and to provide the terms and conditions upon which such obligees may enforce any covenant or rights securing or relating to the bonds.

      (j) To exercise all or any part or combination of the powers herein granted; to make such covenants (other than and in addition to the covenants herein expressly authorized) and to do any and all such acts and things as may be necessary or convenient or desirable in order to secure its bonds, or, in the absolute discretion of said authority, as will tend to make the bonds more marketable, notwithstanding that such covenants, acts, or things may not be enumerated herein.

      Sec. 15.  An obligee of an authority shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

      (a) By mandamus, suit, action, or proceeding at law or in equity to compel said authority and the commissioners, officers, agents, or employees thereof to perform each and every term, provision, and covenant contained in any contract of said authority with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said authority and the fulfillment of all duties imposed upon said authority by this act.

      (b) By suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of said authority.

      Sec. 16.  An authority shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event of default as defined in such resolution or instrument, by suit, action, or proceeding in any court or competent jurisdiction.


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

ê1947 Statutes of Nevada, Page 793 (Chapter 253, SB 311)ê

 

      (a) To cause possession of any housing project or any part thereof to be surrendered to any such obligee.

      (b) To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such project or any part thereof and operate and maintain same, and collect and receive all fees, rents, revenues, or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall direct.

      (c) To require said authority and the commissioners thereof to account as if it and they were the trustees of an express trust.

      Sec. 17.  The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations and other persons carrying on a banking or insurance business, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a housing authority created by or pursuant to this act, or issued by a public housing authority or agency in the United States, when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereof, and such bonds and other obligations shall be authorized security for all public deposits, and shall be fully negotiable in this state; it being the purpose of this act to authorize any of the foregoing to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension, and trust funds, and funds held on deposit, for the purchase of any such bonds or other obligations; provided, however, that nothing contained in this act shall be construed as relieving any person, firm, or corporation from any duty of exercising reasonable care in selecting securities. The provisions of this act shall apply notwithstanding any restrictions on investments contained in other laws.

      Sec. 18.  All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same, nor shall any judgment against an authority be a charge or lien upon its real property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage or other security of an authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees, or revenues.

 

 

 

 

 

 

 

 

 

 

 

Entities and persons authorized to invest in housing authority bonds

 

 

 

 

 

 

 

 

 

 

 

 

Duty of investors to exercise care

 

 

Real property of authority exempt from execution

Exception


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

ê1947 Statutes of Nevada, Page 794 (Chapter 253, SB 311)ê

 

 

 

 

State public bodies may aid authorities with or without consideration

obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees, or revenues.

      Sec. 19.  For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of housing projects of housing authorities located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine:

      (a) Dedicate, sell, convey, or lease any of its interest in any property, or grant easements, licenses, or any other rights or privileges therein to a housing authority;

      (b) Cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with such projects;

      (c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake;

      (d) Cause services to be furnished to the housing authority of the character which such state public body is otherwise empowered to furnish;

      (e) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, closing or demolition of unsafe, insanitary, or unfit buildings;

      (f) Employ (notwithstanding the provisions of any other law) any funds belonging to or within the control of such state public body, including funds derived from the sale or furnishing of property or facilities to a housing authority, in the purchase of the bonds or other obligations of a housing authority; and, as the holder of such bonds or other obligation exercise the rights connected therewith;

      (g) Do any and all things, necessary or convenient, to aid and cooperate in the planning, undertaking, construction, or operation of such housing projects;

      (h) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in this act; and

      (i) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary), with a housing authority respecting action to be taken by such state public body pursuant to any of the powers granted by this act. Any sale, conveyance, lease, or agreement provided for in this section may be made by a state public body without appraisal, public notice, advertisement, or public bidding, notwithstanding any other laws to the contrary.


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

ê1947 Statutes of Nevada, Page 795 (Chapter 253, SB 311)ê

 

      Sec. 20.  In addition to the powers conferred upon an authority by other provisions of this act, an authority is empowered to borrow money or accept contributions, grants, or other financial assistance from the federal government for or in aid of any housing project within its area of operation, to take over or lease or manage any housing project or undertaking constructed or owned by the federal government, and to these ends, to comply with such conditions and enter into such mortgages, trust indentures, leases, or agreements as may be necessary, convenient, or desirable. It is the purpose and intent of this act to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance, or operation of any housing project by such authority.

      Sec. 21.  In addition to other powers conferred upon an authority by this act, an authority may acquire property and construct housing projects thereon for the purpose of leasing dwellings to servicemen, veterans, and their families, and the families of deceased persons who served in the armed forces, at rentals, excluding utilities, of not to exceed fifty ($50) dollars per month, during the existence of the acute shortage of housing available to such persons as determined by applicable law or as may be provided for in any contract for financial assistance with the federal government; provided, that the income of such persons will not permit rental payments of more than fifty ($50) dollars per month (exclusive of utilities) in housing available through private enterprise.

      In exercising the powers provided in this section an authority shall not be subject to the limitations provided in section 8 or in the first sentence of section 9 of this act, during the period of acute housing shortage for veterans and servicemen and their families and the families of deceased persons who served in the armed forces, of moderate income.

      Sec. 22.  An authority, in addition to its other powers, is authorized to cooperate with and lease from the federal government war housing projects constructed by the federal government, for the purpose of providing housing for veterans and servicemen and their families, and families of deceased persons who served in the armed forces, and persons engaged in war activities; provided, that such war housing projects shall not be subject to the limitations provided in section 8 or in the first sentence of section 9 of this act.

      Sec. 23.  There is hereby created a state housing commission to be composed of the governor, attorney general, and state controller as ex officio members and two members who shall be veterans appointed by the governor.

Authority may accept grants, etc., from U. S. government

 

 

 

 

 

 

 

 

Authority may provide housing for veterans; rentals limited

 

 

 

 

 

 

 

Limitations of sec. 8-9 not applicable

 

 

 

Authority may cooperate with U. S. government re projects

 

 

 

 

State housing commission created


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

ê1947 Statutes of Nevada, Page 796 (Chapter 253, SB 311)ê

 

 

 

 

Duties and powers of board

 

 

 

 

 

 

 

 

Attorney general to examine and pass upon validity of bonds

 

 

 

 

 

 

 

Legislative intent

 

 

 

 

Provisional repeal

 

In effect

state controller as ex officio members and two members who shall be veterans appointed by the governor. The term of office for appointive members shall be for four years.

      The duties of the board shall be to coordinate the activities and undertakings under this act. The state housing commission shall supervise, in accordance with regulations adopted by it, the activities of authorities in effectuating the purposes of this act.

      The state housing commission is also empowered, for the purpose of this act, and in order to assist within the State of Nevada in the solution of the housing shortage to the best interests of the State of Nevada as well as of the federal government, to act in behalf of the federal government upon the request thereof and designation thereby, to the end that the welfare of the state may be best served and that waste and inefficiency resulting from administration by remote federal offices, not responsible to the areas they serve, may be eliminated.

      Sec. 24.  An authority may submit to the attorney general of the state any bonds to be issued hereunder after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of the attorney general to examine into and pass upon the validity of such bonds and the regularity of all proceedings in connection therewith. If such proceedings conform to the provisions of this act and are otherwise regular in form, and if such bonds when delivered and paid for will constitute binding and legal obligations of the authority enforceable according to the terms thereof, the attorney general shall certify in substance upon the back of each of said bonds that it is issued in accordance with the constitution and laws of the State of Nevada.

      Sec. 25.  Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

      Sec. 26.  Insofar as the provisions of this act are inconsistent with the provisions of any other law, the provisions of this act shall be controlling.

      Sec. 27.  This act shall be in full force and effect from and after its passage and approval.

 

________

 

 


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

ê1947 Statutes of Nevada, Page 797ê

CHAPTER 254, SB 84

[Senate Substitute for Senate Bill No. 48–Committee on Judiciary]

 

Chap. 254–An Act to amend an act entitled “An act to provide for a state board of registered professional engineers; creating their duties and granting their powers; requiring all persons who practice professional engineering to obtain certificates and seals; empowering the board of registered professional engineers to hold hearings and providing for forfeiture, revocation, or suspension of certificates; providing penalties for the violation of this act; repealing all acts in conflict herewith, and other matters relating thereto,” approved March 29, 1919, as amended.

 

[Approved March 31, 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 being sections 2870-2875.07 inclusive, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:

      An act to provide for a state board of registered professional engineers; creating their duties and granting their powers; requiring all persons who practice professional engineering to obtain certificates and seals; empowering the board of registered professional engineers to hold hearings and providing for the forfeiture, revocation or suspension of certificates to practice professional engineering, empowering the board of registered professional engineers to examine applicants and issue certificates for land surveying as a distinct branch of professional engineering; providing for the forfeiture, revocation, or suspension of certificates to practice land surveying; defining land surveyors and land surveying, defining duties of land surveyors, and defining land surveying practice; authorizing land surveyors to administer and certify oaths; requiring all persons who practice land surveying to obtain certificates and seals; providing penalties for the violation of this act; repealing all acts in conflict herewith, and other matters properly related thereto.

      Sec. 2.  Section 2 of the above-entitled act, being section 2871 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 2.  The term “professional engineer,” as used in this act, shall mean a person who by reason of his knowledge of mathematics, the physical sciences, and the principles of engineering acquired by professional education and practical experience is qualified to engage in engineering practice as hereinafter defined.

      The practice of professional engineering within the meaning and intent of this act includes any professional service such as surveying, consultation, investigation, evaluation, planning, and design, or responsible supervision of construction or operation in connection with any public or private utilities, structures, building, machines, equipment, processes, works, or projects, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such professional services require the application of engineering principles and data.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Title amendment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Words and phrases defined


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

ê1947 Statutes of Nevada, Page 798 (Chapter 254, SB 84)ê

 

Words and phrases defined

 

 

 

 

 

 

 

 

 

 

 

Office in Reno; powers and duties of board

such as surveying, consultation, investigation, evaluation, planning, and design, or responsible supervision of construction or operation in connection with any public or private utilities, structures, building, machines, equipment, processes, works, or projects, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such professional services require the application of engineering principles and data.

      The phrase “branches of engineering” shall mean the recognized branches of professional engineering as determined by the board.

      The term “board” as used in this act shall mean the state board of registered professional engineers.

      Sec. 3.  Section 3 of the above-entitled act, being section 2872 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 3.  The state board of registered professional engineers shall have its principal office in the city of Reno, and it shall have, among others, the following powers and duties:

      1.  The board shall have the power to make all bylaws and rules not inconsistent with the constitution and laws of this state, which may be reasonably necessary for the proper performance of its duties, and the regulation of the proceedings before it. The board shall adopt and have an official seal.

      2.  In carrying into effect the provisions of this act, the board may under the hand of its chairman and the seal of the board subpena witnesses and compel their attendance, and also may require the production of books, papers, and documents in a case involving the revocation of registration or practicing or offering to practice without registration. Any member of the board may administer oaths and affirmations to witnesses appearing before the board. If any person shall refuse to obey any subpena so issued, or shall refuse to testify or produce any books, papers or documents, the board may present its petition to the district court of the judicial district wherein such person resides, setting forth the facts, and thereupon such district court shall in a proper case issue its subpena to such person requiring his attendance before such district court, and there to testify or to produce such books, papers, or documents as may be deemed necessary and pertinent by the board. Any person failing or refusing to obey the subpena of said district court may be proceeded against in the same manner as for refusal to obey any other subpena or order of said district court.

      3.  To hold oral or written examination of applicants for certificates at least twice each year during a session of the board at which a quorum is present at such places as circumstances and applications may warrant, and to determine from such examinations the branch or branches of professional engineering in which the applicant is qualified for the purpose of granting him a certificate to practice such branch or branches of professional engineering.


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

ê1947 Statutes of Nevada, Page 799 (Chapter 254, SB 84)ê

 

board at which a quorum is present at such places as circumstances and applications may warrant, and to determine from such examinations the branch or branches of professional engineering in which the applicant is qualified for the purpose of granting him a certificate to practice such branch or branches of professional engineering.

      4.  To charge and collect from all applicants an application fee of fifteen dollars ($15) to be retained by the board and a registration fee of ten dollars ($10) to meet the expenses of examinations, issuance of certificates, and conducting its office; provided, that such expenses, including traveling and hotel expenses of its members while attending the sessions of the board, or conducting examinations, must be paid from the current receipts, and no portion thereof shall be paid from the state treasury.

      5.  To require the annual renewal of all certificates, and to collect therefor an annual fee of not to exceed $2.50.

      6.  To report annually to the secretary of state on or before January 1 of each year all such certificates issued or renewed, together with a detailed statement of the receipts and disbursements; provided, that any balance remaining in excess of the expenses incurred may be retained by the board and used in defraying the future expenses thereof. A roster showing the names and places of business of all registered professional engineers shall be prepared by the secretary of the board during the month of December of each year. Copies of this roster shall be mailed to each person so registered, placed on file with the secretary of state, and furnished to the public on request.

      Sec. 4.  Section 4 of the above-entitled act, being section 2873 N. C. L. 1929 Supp., is hereby amended to read as follows:

      Section 4.  The board shall elect one of its members as chairman, and one of its members as secretary. The chairman and secretary shall each serve two years, but the secretary first elected shall serve only one year. At any meeting three (3) members shall constitute a quorum. Each member of the board shall receive the sum of fifteen dollars ($15) per day when actually attending to the work of the board or any of its committees and for the time spent in necessary travel, and in addition thereto shall be reimbursed for traveling, hotel, and subsistence, and other expenses necessarily incurred in carrying out the provisions of this act; provided, that any state employee who may be appointed to serve on this board shall receive compensation as herein provided for such service in addition to other salary or compensation he receives from the state for other services.

Office in Reno; powers and duties of board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Officers; quorum; compensation


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

ê1947 Statutes of Nevada, Page 800 (Chapter 254, SB 84)ê

 

 

 

Application for examination

 

 

 

 

 

Qualifications of applicant

 

 

 

Practice in lieu of requirements, effect of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Written examinations, conduct of

      Sec. 5.  Section 5 of the above-entitled act, being section 2874 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 5.  Any citizen of the United States, or any person who has duly declared his intention of becoming such citizen, being over the age of 21 years, may apply to the state board of registered professional engineers for examination under its rules. The examination, both written and oral, shall be in English, and its scope shall be such as is hereafter prescribed; provided, however, no applicant shall be entitled to take an examination unless:

      1.  He is a graduate from an approved course in engineering of four years or more in a school or college approved by the board as of satisfactory standing, and has a specific record of an additional four years or more of active practice in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work; or

      2.  In lieu of the requirements contained in subsection 1 of this section, he has a specific record of eight (8) years or more of active practice in engineering work of a character satisfactory to the board, and indicating that the applicant is competent to be placed in responsible charge of such work. No person shall be eligible for registration as a professional engineer who is not of good character and reputation. The satisfactory completion of each year of approved courses in engineering in a school or college approved by the board as of satisfactory standing, without graduation, shall be considered as equivalent to a year of active practice. Graduation in a course other than engineering from a college or university of recognized standing shall be considered as equivalent to two years of active practice; provided, however, that no applicant shall receive credit for more than four (4) years of active practice because of educational qualifications. The mere execution as a contractor of work designed by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be active practice in engineering work. Any person having the necessary qualifications prescribed in this act to entitle him to registration shall be eligible for such registration, though he may not be practicing his profession at the time of making his application.

      3.  The written examinations for registration as a professional engineer will consist of a two-day test (four four-hour periods) divided into two parts; part one will cover the subject matter of a general engineering education or training. If the applicant is a graduate from an engineering school which the board in its discretion may approve, part one may be waived.


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

ê1947 Statutes of Nevada, Page 801 (Chapter 254, SB 84)ê

 

one may be waived. Part two will cover that branch of engineering in the practice of which the applicant is engaged, as indicated by his experience record. Where possible, the usually recognized branches of engineering will be considered in the preparation of the examination; the board reserves the right to conform the nature and extent of the examination to the particular qualifications of the applicant. To qualify for registration the applicant must receive a grade of not less than 70% on his examination. Free use of notes, texts, and reference books will be allowed.

      4.  Oral examinations shall be given in the manner prescribed by the board.

      Sec. 6.  Section 6 of the above-entitled act, being section 2875 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 6.  Any person who shall practice or offer to practice the profession of engineering in this state without being registered, or exempt in accordance with the provisions of this act, or any registered professional engineer who shall practice or offer to practice a branch of professional engineering in which the board has not qualified him, or any person presenting or attempting to use as his own the certificate of registration or the seal of another, or any person who shall give any false or forged evidence of any kind to the board, or any member thereof in obtaining a certificate of registration, or any person who shall falsely impersonate any other registrant of like or different name, or any person who shall attempt to use an expired or revoked certificate of registration, or any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor, and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $500, or be imprisoned in the county jail for a period not exceeding three months, or both.

      Sec. 7.  Section 7 of the above-entitled act, being section 2875.01 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 7.  The board shall issue a certificate of registration upon payment of registration fee as provided for in this act, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this act. In case of a registered engineer, the certificate shall authorize the practice of “professional engineering,” followed by the branch or branches for which he is qualified. Certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by this board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered professional engineer while the said certificate remains unrevoked or unexpired.

 

 

 

 

 

Passing grade

 

 

 

 

Violations of act, penalty

 

 

 

 

 

 

 

 

 

 

 

 

 

Board to issue certificates of registration, what to contain


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

ê1947 Statutes of Nevada, Page 802 (Chapter 254, SB 84)ê

 

 

 

 

 

Registrant furnished seal

 

 

 

Use of seal unlawful, when

 

 

 

 

Firms, etc., may practice in state

 

 

 

 

 

 

Certificate of registration, issued when; fee

 

Exception

 

 

Oral examination

privileges of a registered professional engineer while the said certificate remains unrevoked or unexpired.

      Sec. 8.  Section 8 of the above-entitled act, being section 2875.02 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 8.  Each registrant hereunder shall, upon registration, obtain a seal of the design authorized by the board, bearing the registrant’s name and the legend “Registered Professional Engineer” (followed by branch or branches for which he is qualified). Plans, specifications, plats, and reports issued by a registrant shall be stamped with the said seal when filed with public authorities, during the life of the registrant’s certificate, but it shall be unlawful for anyone to stamp or seal any documents with said seal after the certificate of the registrant named thereon has expired or has been revoked, unless said certificate shall have been renewed or reissued.

      Sec. 9.  Section 9 of the above-entitled act, being section 2875.03 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 9.  A firm, or a copartnership, or a corporation, or a joint stock association may engage in the practice of professional engineering in this state; provided, that the principal member or members of the firm, copartnership, corporation, or joint stock association in responsible charge of engineering work be registered professional engineers under the provisions of this act.

      Sec. 10.  Section 11 of the above-entitled act, being section 2875.05 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 11.  The board may, upon application therefor, and the payment of the application fee of $15 and registration fee of $10, issue a certificate of registration as a professional engineer to any person who holds a certificate of qualification or registration issued to him by proper authority of the national council of state boards of engineering registration, or of any state or territory or possession of the United States, or any country; provided, that the requirements for the registration of professional engineers under which said certificate of qualification or registration was issued do not conflict with the provisions of this act and are of a standard not lower than that specified in this act. An oral examination shall be required of such persons during a session of the board at which a quorum is present and a written examination may be required, at the discretion of the board.

      Sec. 11.  The above-entitled act is further amended by adding new sections immediately following section 11, being section 2875.05 N. C. L. 1941 Supp., reading as follows:


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ê1947 Statutes of Nevada, Page 803 (Chapter 254, SB 84)ê

 

      Section 11 1/2.  This section of the act creating the state board of registered professional engineers may be cited as the land surveyors act.

      (A) “Land surveyor” refers to one who practices or offers to practice land surveying.

      (B) The phrase “responsible charge of work” means the independent control and direction, by use of initiative, skill, and independent judgment, of the observations, measurements and descriptions involved in land surveying work.

      (C) Any person practices land surveying when he professes to be a land surveyor or is in responsible charge of land surveying work.

      (D) A subordinate is any person directly supervised by a licensed land surveyor and who assists a licensed land surveyor in the practice of land surveying without assuming responsible charge of work.

      Sec. 12.  The state board of registered professional engineers is vested with power to administer the provisions and requirements listed herein, and to make and enforce such rules and regulations as may be necessary to carry out such provisions.

      The secretary of the board shall transmit to the county recorder of each county of the state lists of all licenses issued, suspended, or revoked by the board since the date of preparation of the last preceding similar list. The list shall show names and addresses of the licensees.

      The county recorders shall keep a full and complete record of all licenses and of suspensions and revocations.

      Sec. 13.  (1) It is unlawful for any person to practice, offer to practice or represent himself as a land surveyor in this state, or to set, reset, or replace any survey monument unless he has been licensed or specifically exempted from license under this act.  (2) A person practices land surveying within the meaning of this act who, in a private or public capacity, does or offers to do any one or more of the following:

      (a) Locates, relocates, establishes, reestablishes, or retraces any property line or boundry of any tract of land or any road, right-of-way, easement, alignment, or elevation of any of the fixed works embraced within the practice of professional engineering as described in section 2 of the engineer’s registration law.  (b) Makes any survey for the subdivision or resubdivision of any tract of land.  (c) By the use of the principles of land surveying, determines the position for any monument or reference point which marks a property line, boundary or corner, or sets, resets, or replaces any such monument or reference point.  (d) Determines the configuration or contour of the earth’s surface or the position of fixed objects thereon or related thereto, by means of measuring lines and angles, and applying the principles of trigonometry.  (

Short title

 

Definitions

 

 

 

 

 

 

 

 

 

Powers of board; rules

 

 

Duty of secretary re licenses

 

 

 

 

Unlawful to practice land surveying

 

 

 

Land surveying, what constitutes


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

ê1947 Statutes of Nevada, Page 804 (Chapter 254, SB 84)ê

 

Land surveying, what constitutes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

License not required, when

 

 

 

Application for land surveyor’s license, what required

lines and angles, and applying the principles of trigonometry.  (e) Geodetic or cadastral surveying.  (f) City and regional planning, municipal, and topographic surveying.  (g) Determines the information shown or to be shown on any map or document prepared or furnished in connection with any one or more of the functions described in subsections (a), (b), (c), (d), (e), and (f).  (h) Indicates in any capacity or in any manner, by the use of the title “land surveyor,” or by any other title or by any other representation that he practices or offers to practice land surveying, in any of its branches.  (i) Procures or offers to procure surveying work for others, or for himself.  (j) Manages or conducts as manager, proprietor, or agent, any place from which land surveying work is solicited, performed, or practice.  (3) Surveys made exclusively for geological or landscaping purposes, or aerial photograph or photogrammetry, and not involving any of the practices specified in subsection 2 of this section do not constitute land surveying within the meaning of this act.  (4) Surveys authorized under this act do not include the design, either in whole or in part, of any structure or fixed works embraced in the practice of professional engineering, as defined in section 2 of the engineers registration law.  (5) The following are not required to be licensed under this act:

      (a) Any state, county, city, or district employee directly responsible to a licensed land surveyor.  (b) Any subordinate to a licensed land surveyor of this state, insofar as he acts as a subordinate.  (c) Professional engineers as herein defined who work solely for one employer and who do not offer their professional services to any other individual, firm, or person.

      Sec. 14.  An applicant for license as land surveyor shall give with his application the names and addresses of at least three persons duly licensed to practice land surveying in the place where such practice has been conducted, each of whom has sufficient knowledge of the applicant to enable him to certify to the applicant’s professional integrity, ability, and fitness to receive a license.

      The applicant shall be thoroughly familiar with the procedure and rules governing the survey of the public lands as set forth in the “Manual of Instructions for the survey of the public lands of the United States,” published by the commissioner of the general land office, department of the interior, Washington, D. C.

      The applicant shall also be thoroughly familiar with procedure in relation to the coordinate system of the United States coast and geodetic survey adopted for use in this state.

      A professional engineer registered heretofore under the provisions of the engineers registration law, may, at the discretion of the board, be issued a certificate which includes land surveying, provided he makes application therefor in writing, not later than thirty (30) days after notification by the board, by registered mail, subsequent to the passage and approval of this act, and in any event, not later than ninety (90) days after the passage and approval of this act; provided, that the provisions of this paragraph shall not apply to state water right surveyors who have been heretofore licensed by the state engineer under the provisions of Nevada Stats.


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

ê1947 Statutes of Nevada, Page 805 (Chapter 254, SB 84)ê

 

provisions of the engineers registration law, may, at the discretion of the board, be issued a certificate which includes land surveying, provided he makes application therefor in writing, not later than thirty (30) days after notification by the board, by registered mail, subsequent to the passage and approval of this act, and in any event, not later than ninety (90) days after the passage and approval of this act; provided, that the provisions of this paragraph shall not apply to state water right surveyors who have been heretofore licensed by the state engineer under the provisions of Nevada Stats. 1921, sec. 91.

      The date of such application shall be determined by the postmark of the post office of first receipt.

      To qualify for a license as land surveyor, an applicant must receive a grade of not less than 70% on his examination.

      The written examination for land surveyor shall consist of a one-day test (two 4-hour periods) requiring the applicant to demonstrate that he understands the theory and practice of land surveying, including the use, care, and adjustment of instruments; surveying computations, traverses and methods of closure, mapping, base lines and triangulations; the principles of geodetic surveying, determination of true meridian, latitude, and longitude, land boundaries, monuments, subdivisions of lands, deed descriptions and conveyancing; and the common laws and usages regarding surveys. The applicant’s knowledge of the provisions of the manual of instructions for the survey of the public lands of the United States will be tested by appropriate questions and problems. Free use of notes, texts by appropriate questions and reference books will be allowed.

      Sec. 15.  Every licensed land surveyor may administer and certify oaths:  (a) When it becomes necessary to take testimony for the identification or establishment of old, lost, or obliterated corners.  (b) When a corner or monument is found in a perishable condition.  (c) When the importance of a survey makes it desirable to administer an oath to his assistants for the faithful performance of their duty.

      1.  A record of oaths shall be prepared as part of the field notes of the survey, and a memorandum of them shall be made on the record of survey to be filed under this article.

      2.  Any licensed land surveyor may practice land surveying and prepare maps, plats, reports, descriptions, or other documentary evidence in connection therewith.

      3.  Every map, plat, report, description, or other document issued by a land surveyor shall be signed by him, indorsed with his certificate number, and may be stamped with his seal, whenever such map, plat or report, description, or other document is filed as a public record or is delivered as a formal or final document.

Previously registered engineer granted certificate, when

 

Proviso

 

 

 

 

 

Passing grade

 

Written examination, consists of

 

 

 

 

 

 

 

 

 

Land surveyor may administer oaths, when

 

 

 

Records of oaths and surveys


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

ê1947 Statutes of Nevada, Page 806 (Chapter 254, SB 84)ê

 

 

Unlawful to sign maps, etc., when

 

Record of survey filed with recorder; contents of record

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty of recorder; fee

document is filed as a public record or is delivered as a formal or final document.

      4.  It is unlawful for any person to sign, stamp, or seal any map, plat, report, description, or other document pertaining to the practice of land surveying, unless he be authorized to practice land surveying.

      5.  After making a survey in conformity with the practice of land surveying, the surveyor shall within ninety (90) days after the establishment of points or lines, file with the county recorder in the county in which the survey was made, a record of such survey relating to land boundaries and property lines, which discloses:  (a) Material evidence, which in whole or in part, does not appear on any map or record previously recorded or filed in the office of the municipal engineer, county recorder, county clerk, county surveyor, or in the general land office of the United States.  (b) A material discrepancy with such record.  (c) Evidence that, by reasonable analysis, might result in alternate positions of points or lines.  (d) The establishment of one or more lines not shown on any such a map, the positions of which are not ascertained from an inspection of such a map without trigonometric calculations.  (6) Record of survey shall be a map legibly drawn in water-proof ink on tracing cloth, or other suitable transparent medium other than paper, the size to be twenty-four inches by thirty-two inches.  (7) Record of survey shall show:  (a) All monuments found, set, reset, or replaced, describing their kind, size, and location, and giving other data relating thereto.  (b) Bearing or witness monuments, basis of bearings, bearing and length of lines, and scale of map.  (c) Name and legal designation of tract in which survey is located and ties to adjoining tracts.  (d) Tie to coast and geodetic survey control system, if points of said system are established in the area in which the survey is made. (e) Memorandum of oaths, if any.  (f) Signature and seal of surveyor.  (g) Dates of survey.  (h) Name of person or persons for whom survey is made.  (i) Any other data necessary for the intelligent interpretation of the various items and locations of the points, lines, and areas shown.  (8) A record of survey is not required of any surveys.  (a) When it is made by a public officer in his official capacity, has been filed by him as a permanent record of his office and is available for public inspection.  (b) When it is of a preliminary nature.  (c) When a map is in preparation for recording or shall have been recorded under present law.  (9) The charge for filing any record of survey and for indexing the same shall be one dollar ($1).  (10) The record of survey filed with the county recorder shall be suitably filed. He shall keep proper indexes of such survey records by name of tract, subdivision or United States land subdivision.  (


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

ê1947 Statutes of Nevada, Page 807 (Chapter 254, SB 84)ê

 

subdivision or United States land subdivision.  (11) Monuments set shall be sufficient in number and durability and efficiently placed so as not to be readily disturbed to assure, together with monuments already existing, the perpetuation of facile reestablishment of any point or line of the survey.  (12) Any monument set by a licensed land surveyor to mark or reference a point on property or land line shall be permanently and visibly marked or tagged with the certificate number of the land surveyor setting it, each number to be preceded by the letters “R. E.”

      Sec. 16.  The above-entitled act is further amended by adding thereto a new section immediately following section 12, being section 2875.06 1941 Supp., to read as follows:

      Section 12a.  After the first day of January 1948, it shall be unlawful for this State of Nevada or any of its political subdivisions, such as a county, city, town, or township to engage in the construction of any public work requiring the practice of engineering, unless the plans and specifications and estimates have been prepared by, and the construction executed under the supervision of a registered professional engineer; provided, that nothing in this section shall be held to apply to any public work wherein the expenditure for complete project of which the work is a part does not exceed the sum of two thousand dollars ($2,000); provided further, that nothing in this section shall be deemed to include any maintenance work undertaken by the State of Nevada or the aforesaid political subdivision.

      Sec. 17.  If any section or sections of this act shall be declared unconstitutional or invalid, the remaining sections of this act shall remain in full force and effect.

      Sec. 18.  All laws or parts of laws in conflict with the provisions of this act shall be and the same are hereby repealed.

      Sec. 19.  This act shall become in full force and effect upon its passage and approval.

Monuments

 

 

 

 

 

 

 

 

 

Plans for public work to be prepared by registered engineer

 

 

Exceptions

 

 

 

 

Constitutionality

 

Repeal

 

In effect

 

________

 

 


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

ê1947 Statutes of Nevada, Page 808ê

CHAPTER 255, SB 85

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Purpose of the act

[Senate Bill No. 58–Senator Tallman]

 

Chap. 255–An Act to amend an act entitled “An act providing for the creation of power districts; prescribing powers and duties of such district, and authorizing such districts to conduct and operate utilities for the production, transmission, or distribution of electric energy, and to issue bonds and providing for the payment of such bonds, and other matters relating thereto,” approved March 20, 1935.

 

[Approved March 31, 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 5180.02, 1929 N. C. L. 1941 Supp., is hereby amended to read as follows:

      Section 2.  That economic conditions recently accentuated and brought into bold relief require a program to make available an abundant supply of electricity at the lowest cost consistent with sound economy and prudent management for use in the mining, agricultural, and industrial areas for the purpose of raising the standard of living in these areas, promoting more efficient development and use of mineral, agricultural, and industrial resources and of providing employment. Urgent necessity for providing employment and experience in other methods of meeting this problem, demonstrate the necessity for providing a simple and expeditious procedure for carrying out this program. It is hereby declared that the procedure provided in this act is the only feasible and practicable method for creating the administrative units described therein for making available to the state, federal assistance to aid in carrying out the purposes of this act.

 

________

 

 


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

ê1947 Statutes of Nevada, Page 809ê

CHAPTER 256, SB 95

[Senate Bill No. 59–Senator Duffin]

 

Chap. 256–An Act to regulate the professional nursing of the sick in the State of Nevada, and to regulate schools of nursing in the State of Nevada, providing for a board of examiners therefor; providing for the examination and issuance of licenses or certificates for registered nurses; providing for accreditation of schools of nursing in the State of Nevada; other matters properly relating thereto; providing penalties for the violation of this act, and repealing all acts and parts of acts in conflict herewith.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  Purpose.  For the purpose of safeguarding life and health and for the purpose of maintaining high professional standards among registered nurses in this state, any person who for compensation practices or offers to practice nursing as a registered nurse in this state shall, hereafter, be required to submit evidence that he or she is qualified so to practice, and shall be licensed as hereinafter provided, and any institution desiring to conduct a school of nursing shall be accredited as hereinafter provided. After the effective date of this act, it shall be unlawful for any person to practice or to offer to practice nursing as a registered nurse in this state or to use any title, abbreviation, sign, card, or device to indicate that such person is practicing nursing as a registered nurse in this state unless such person has been duly licensed and registered under the provisions of this act.

      Sec. 2.  Definitions.  As used in this act, “board” means the state board of nurse examiners.

      As used in this act, the term “accredited school of nursing” shall mean a school of nursing which has been accredited by the board of nurse examiners or equivalent body in the state in which the school is located.

      Sec. 3.  Governor to Appoint State Board of Nurse Examiners.  The governor of the State of Nevada shall appoint a state board of nurse examiners whose duty it shall be to examine and certify or license registered nurses, to accredit schools of nursing, and to discharge its other duties as prescribed by this act. The board shall be composed of five (5) members, each of whom shall be a registered nurse.

      On or before May 1, 1947, the governor shall appoint to membership of the board one person for a term of one year, one person for a term of two years, one person for a term of three years, and two persons for a term of four years;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Purpose

 

 

 

 

 

 

 

 

 

 

Definitions

 

 

 

 

Governor to appoint board

 

 

 

Term of office


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

ê1947 Statutes of Nevada, Page 810 (Chapter 256, SB 95)ê

 

 

 

 

Appointments to fill vacancies

 

 

 

 

 

 

 

Qualifications of board members

 

 

Removal of board members

 

 

Duties and powers of board

 

 

 

 

 

 

 

 

 

Executive secretary

such terms shall commence May 1, 1947. Thereafter all appointments to the board, except those to fill unexpired terms, shall be for terms of four years each.

      All appointments to the board under this act shall be made by the governor within sixty (60) days from the time a vacancy occurs. Appointments shall be made from a list of qualified persons submitted to him by the Nevada state nurses’ association. Such list shall contain the names of qualified persons in at least twice the number of appointments so to be made, and such list shall be presented to the governor at least fifteen (15) days before the expiration of any term of any member of the board. In the event that any vacancy occurs in the membership of the board by reason of death, resignation, removal or otherwise, such list shall be presented to the governor within thirty (30) days after such vacancy occurs. No member of the board shall serve more than two consecutive terms.

      Each member of the board shall be a citizen of the United States and shall be a resident of the State of Nevada; shall have been graduated from an accredited school of nursing; shall be licensed as a registered nurse in the State of Nevada; shall have had at least three (3) years of experience in nursing following graduation.

      Sec. 4.  Removal of Members of the Board.  The prevailing laws of the State of Nevada controlling the removal from office of public officials shall be applicable to the removal of any member of the board during his or her term of office.

      Sec. 5.  Duties and Powers of the Board.  It shall be the duty of the board to meet regularly once every four months, namely, the first day of February, the first day of June, and the first day of October, for the purpose of holding examinations under the provisions of this act and for the transaction of such other business as may properly come before the board.

      At the meeting of the board to be held on the first day of May of each year the board shall elect from its members a president and a secretary, who shall also be the treasurer, and the board may appoint and employ an executive secretary who need not be a member of the board. Such executive secretary shall perform such duties as the board may direct, receive compensation as set by the board, and shall be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her duties.

      The executive secretary appointed by the board shall be a registered nurse licensed to practice nursing in the State of Nevada.

      Special meetings of the board may be held on the call of the president thereof, or upon the call of any three members thereof.


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

ê1947 Statutes of Nevada, Page 811 (Chapter 256, SB 95)ê

 

the president thereof, or upon the call of any three members thereof. A written notice of the time, place, and object of any special meeting shall be mailed by the secretary to all members of the board who are not parties to the call at least fifteen (15) days prior to the day of such meeting.

      A majority of the board shall constitute a quorum at any meeting.

      The board shall make and keep a full and complete record of all its proceedings, including a file of all applications for licenses under this act, together with the action of the board upon each such application, and including a register of all nurses licensed to practice nursing as registered nurses in this state.

      The board is authorized to adopt and from time to time revise such rules and regulations, not inconsistent with the law, as may be necessary to enable it to administer the provisions of this act.

      The board shall prescribe curricula and standards for schools and courses subject to this act. The board shall provide for surveys of such schools and courses at such times as it may deem necessary. It shall accredit such schools and courses as meet the requirements of this act and of the board. It shall evaluate and approve courses for affiliation with accredited schools of nursing in this state or with schools of nursing which have applied for accreditation.

      It shall examine, license, and renew the licenses of duly qualified applicants for licenses to practice nursing as registered nurses in this state.

      It shall conduct hearings upon charges calling for discipline of registered nurses licensed under this act. It shall have the power to issue subpenas, to compel the attendance of witnesses, and to administer oaths to persons giving testimony at such hearings. It shall cause the prosecution of all persons violating the provisions of this act.

      Each member of the board shall be paid the sum of ten dollars ($10) per diem for each day actually spent in the discharge of his or her official duties as such member and shall be further entitled to be reimbursed for his or her actual and necessary expenses incurred in the performance of such duties. The secretary and treasurer of the board shall receive, in addition to actual and necessary expenses, a monthly salary which shall be set by the board. All such payments and reimbursements shall be made from the state board of nurse examiners fund established by this act.

      The board shall annually transmit to the governor and to the Nevada state nurses’ association a full and true report of all its proceedings, together with a report of all its receipts and disbursements.

Special meetings; quorum

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Per diem of board members

 

Secretary and treasurer salary


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

ê1947 Statutes of Nevada, Page 812 (Chapter 256, SB 95)ê

 

 

Qualification of applicants

 

 

 

 

 

 

 

 

 

 

 

 

Issuance of licenses

 

 

 

 

 

 

 

 

 

 

License fee

 

 

 

 

Use of title; R. N.

 

 

Prior license not affected

      Sec. 6.  Qualification of Applicants.  Every applicant for a license to practice as a registered nurse in the State of Nevada shall submit to the board written evidence under oath that he or she:

      1.  Is a citizen of the United States or has legally declared his or her intention to become such citizen.

      2.  Is at least twenty years of age.

      3.  Is of good moral character.

      4.  Is in good physical and mental health.

      5.  Has completed at least a four-year high school course of study approved by the board or the equivalent thereof.

      6.  Has completed a course of study of not less than thirty-six months or its equivalent in an accredited school of nursing and holds a diploma therefrom.

      7.  Meets such other reasonable preliminary qualification requirements as the board may from time to time prescribe.

      Sec. 7.  Issuance of Licenses.  Each applicant who is otherwise qualified for a license to practice nursing as a registered nurse shall be required to write and pass an examination on such subjects and in such form as the board may from time to time determine. Such written examination may be supplemented by an oral or practical examination in the discretion of the board. To each applicant who successfully passes such examination or examinations the board shall issue a license to practice nursing as a registered nurse in the State of Nevada.

      The board may, without examination, issue a license to practice nursing as a registered nurse to any applicant who meets the qualifications required of registered nurses in this state and who has been duly licensed or registered as a registered nurse, after examination, under the laws of any other state, territory, or foreign country.

      Sec. 8.  Fee.  Each applicant shall remit with his or her application for a license to practice as a registered nurse in this state a fee of ten dollars ($10). In case application for license without examination is not granted, the fee shall be returned. In case application for a license by examination is not granted the fee shall not be returned.

      Sec. 9.  Use of Title or Abbreviation.  Every person who holds a license to practice as a registered nurse in this state shall have the right to use the title “registered nurse” and the abbreviation “R.N.”

      Sec. 10.  Outstanding Licenses or Registrations Not Affected.  Each person holding a valid and subsisting license or certificate of registration to practice nursing as a registered nurse in this state at the time of the effective date of this act shall thereafter be deemed to be licensed as a registered nurse under the provisions of the act.


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

ê1947 Statutes of Nevada, Page 813 (Chapter 256, SB 95)ê

 

      Sec. 11.  Renewal of Licenses.  The license of every person licensed under the provisions of this act shall be renewed annually, as hereinafter provided. On or before the twentieth day of January, the secretary of the board shall mail a form for application for renewal of license to every person holding a valid and subsisting license or certificate of registration issued pursuant to the provisions of this act. Each applicant for renewal of license shall complete and execute such application form and return the same to the secretary of the board, together with a renewal fee of one dollar ($1), before the first day of March. Upon receipt of such application and fee, the board, upon being satisfied as to the contents of such application, shall issue to such applicant a certified renewal of license for the current license year commencing the first day of March and expiring the last day of the succeeding February. Such certificate of renewal of license shall entitle the holder thereof to practice nursing as a registered nurse in this state for the period stated on the certificate of renewal.

      Sec. 12.  Reinstatement of Lapsed Licenses.  Any licensee who permits his or her license to lapse by failing to renew the same as provided above may have his or her license reinstated by the board upon satisfactorily explaining such failure, and upon payment of a fee of three dollars ($3), which fee shall in no case be returned.

      Sec. 13.  Board May Issue Temporary Licenses.  Upon application in such form as it may deem proper, the board may, without examination, grant a temporary license to practice nursing as a registered nurse for a period not to exceed three (3) months. Only one temporary license may be issued during any twelve (12) month period to any one person. Each application for a temporary license shall be accompanied by a fee of three dollars ($3), which shall in no case be returned.

      Sec. 14.  State Board of Nurse Examiners Fund.  All fees received by the board shall be paid to the treasurer of the board, who shall deposit the same at the end of each quarter with the state treasurer. The state treasurer shall place the money to the credit of a fund to be known as the state board of nurse examiners fund. All money paid into this fund shall be held subject to withdrawal on order of the board for the purpose of meeting expenses necessarily incurred in the performance of the special duties imposed by this act, and for the elevation of the standards of nursing care in this state, as the board may in its discretion direct. All disbursements of money made pursuant to this act shall be made only on verified claims therefor. All accounts of the board shall be audited annually by a certified public accountant provided by the board.

Renewal of licenses

 

 

 

 

 

 

 

 

 

 

 

 

Reinstatement of licenses

 

 

Temporary license, when

 

 

 

 

State board of nurse examiners fund


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

ê1947 Statutes of Nevada, Page 814 (Chapter 256, SB 95)ê

 

Nursing schools accredited, when

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Duty of board

 

 

 

 

 

 

 

 

Disciplinary proceedings

      Sec. 15.  Board May Accredit Nursing Schools.  Any institution desiring to conduct a school of nursing in this state shall submit to the board evidence that it is prepared to give a thirty-six-month course of theoretical instruction and practical experience in nursing, embracing a curriculum prescribed by the board, and that it is prepared to meet such other standards as may be established by the board from time to time.

      No school of nursing shall be accredited by the board until the board has caused a thorough survey of the facilities of such school to be made. No such survey shall be deemed complete for the purposes of this section until a full and complete written report shall have been made to the board, and until such written report shall have received the full consideration of the whole board. In the event that any school of nursing making application for accreditation shall indicate that one or more of the courses required by the prescribed curriculum is or are to be offered by an institution or institutions affiliated with such applicant, the board shall cause a survey of the facilities of such affiliated institution or institutions to be made, and the written report thereon shall receive the full consideration of the board before accreditation.

      From time to time and not less than once each year it shall be the duty of the board to cause to be surveyed all accredited schools of nursing in this state. Full and complete written reports of such surveys shall be submitted to and considered by the full board. If, after consideration of such reports, the board determines that any such school of nursing is not maintaining the standards required by this act, and by the board, notice thereof in writing specifying the defect or defects shall immediately be given to such school. The board shall revoke the accreditation of any school of nursing which fails to remedy such defect or defects within a reasonable time after receiving written notice thereof.

      Sec. 16.  Disciplinary Proceedings.  The board shall have power to deny, revoke, or suspend any license to practice nursing as a registered nurse applied for or issued under this act, or otherwise to discipline a licensee upon proof that he or she:

      (1) Is guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing as a registered nurse.

      (2) Is guilty of a crime or gross immorality.

      (3) Is unfit or incompetent by reason of negligence, habits, or other causes.

      (4) Is habitually intemperate or is addicted to the use of habit-forming drugs.


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

ê1947 Statutes of Nevada, Page 815 (Chapter 256, SB 95)ê

 

      (5) Is mentally incompetent.

      (6) Is guilty of unprofessional conduct.

      (7) Has willfully or repeatedly violated this act.

      The board shall have jurisdiction to hear all charges brought against any licensee under the provisions of this section, and upon such hearing shall determine said charges upon their merits.

      Upon the filing of a verified complaint with the board, charging any licensee with having been guilty of any of the actions specified above as grounds for disciplinary action, the president of the board shall appoint a committee of three board members to investigate such complaint.

      If such a committee believes a hearing to be necessary the secretary of the board shall fix a time and place for hearing before the whole board and shall cause a copy of the charges, together with a notice of the time and place fixed for the hearing, to be served on the accused or his or her counsel at least ten days prior thereto. If, after twenty (20) days, personal service cannot be effected, the secretary of the board shall send by registered mail notice of the time and place of said hearing, together with a copy of the charges preferred, to the accused at his or her last-known address. The hearing shall not be held less than thirty (30) days after notice thereof has been mailed to the accused.

      At the hearing the accused shall have the right to appear either personally or by counsel, or both, to produce witnesses and evidence on his or her own behalf, to cross-examine witnesses and to have subpenas issued by the board. If, upon the conclusions of the hearing, the accused is found guilty of the charges, or of any of them, the board may suspend or revoke his or her license in accordance with its bylaws and regulations. But any revocation of license, suspension thereof for a fixed period, reprimand, censure, or other disciplinary action shall only be by unanimous vote of the members of the board. If the accused is found not guilty the board shall issue an order dismissing all charges.

      The board shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings; but its findings and decision in every case shall be based upon competent legal evidence.

      Any person aggrieved by the action of the board in suspending or revoking his or her license may appeal to the district court in the county in which he or she resides, within thirty (30) days after written notice of such action.

      The board, by unanimous action, in accordance with its bylaws and regulations, may reissue a license to a person whose license has been suspended or revoked under the provisions of this section; provided, however, that in case of revocation of license an interval of one year shall have elapsed since the date of such revocation.

 

 

 

 

 

 

Procedure

 

 

 

 

 

 

 

 

 

 

 

 

Rights of accused

 

 

 

 

 

 

 

 

 

 

 

Appeal to courts, when

 

 

License may reissue


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

ê1947 Statutes of Nevada, Page 816 (Chapter 256, SB 95)ê

 

 

 

Institutions under supervision of registered nurse

 

 

Exceptions to licensing provisions of act

 

 

 

 

 

 

 

Violations; penalties

 

 

 

 

Certain act repealed

revocation of license an interval of one year shall have elapsed since the date of such revocation.

      Sec. 17.  Institutions To Be Under the Supervision of Registered Nurse.  The nursing service of all state and county institutions providing medical, surgical, or obstetrical service shall be under the supervision of a person licensed as a registered nurse in Nevada. This section shall not apply to those institutions which serve only as homes for the indigent or aged.

      Sec. 18.  Exceptions.  No provisions of this law shall be construed as prohibiting the practice of nursing in this state by any legally qualified nurse of another state whose engagement requires him or her to accompany or care for a patient temporarily residing in this state during the period of one such engagement, not to exceed six months in length; provided, such person does not represent or hold himself or herself out as a nurse licensed to practice in this state; nor shall it be construed as prohibiting the practice of any legally qualified nurse of another state who is employed by the United States government or any bureau, division, or agency thereof, while in the discharge of his or her official duties in this state.

      Sec. 19.  Violations.  Any person who is convicted of violating any of the provisions of this act shall be punished by imprisonment in the county jail for not more than six months or by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or by both such fine and imprisonment.

      Sec. 20.  Repeal.  This act specifically repeals chapter 38, Statutes of Nevada 1945, entitled “An act to regulate the professional nursing of the sick in the State of Nevada, providing for a board of examiners thereof; providing for the examination and issuing of certificates for registered nurses; other matters properly relating thereto; providing a penalty for the violation of this act, and repealing all acts and parts of acts in conflict herewith.” And all other acts or parts of acts insofar as the provisions thereof are inconsistent with the provisions of this act are hereby repealed.

 

________

 

 


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

ê1947 Statutes of Nevada, Page 817ê

CHAPTER 257, AB 602

[Assembly Bill No. 206–Committee on Prison and Asylum]

 

Chap. 257–An Act concerning the mentally ill of the state; defining mentally ill persons and providing for their care and treatment at the Nevada hospital for mental diseases.

 

[Approved March 31, 1947]

 

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

Assembly, do enact as follows:

 

      Section 1.  “Mentally ill persons” means persons who are of such mental condition that without supervision, treatment, care or restraint they would be or might be dangerous to themselves or to the person or property of others.

      Sec. 2.  Any person may file in the district court of any county a verified petition alleging that there is in the county a person who is mentally ill and in need of supervision, care or treatment, and asking that examination be made of the mental health of the person, and that provision be made for the welfare of the person as provided in this chapter.

      Sec. 3.  Where no relative, friend, or other person can be found in the county who is able and willing to make and file the petition herein provided, any peace officer, physician attending the patient, or physician attached to a public hospital or institution, if the person is a patient therein, may make and file the petition herein provided. When a petition is filed by any person, neither the person making or filing the petition, nor his supervisors, nor the department, hospital, or institution to which he is attached, nor any of its employees, shall be rendered liable therefor, either civilly or criminally.

      Sec. 4.  The petition shall:

      (a) Set forth the name and address of the petitioner and his interest therein.

      (b) Set forth the name of the person alleged to be mentally ill, and if known to the petitioner, the address, age, sex, marital status, and occupation of the person alleged to be mentally ill.

      (c) State the facts upon which the allegation that the person is mentally ill and in need of supervision, care or treatment is based.

      (d) State whether, in the opinion of the petitioner, the alleged mental illness of the person is such as to render him dangerous to health, person, or property.

      (e) Name as respondent thereto every person known or believed by the petitioner to be legally responsible for the care, support and maintenance of the person alleged to be mentally ill, and set forth the address of every such person, if known to petitioner.

 

 

 

 

 

 

 

 

 

 

 

Mentally ill defined

 

 

Petition re mentally ill, who may file

 

 

 

 

 

 

 

 

 

 

 

 

Petition, what to contain


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

ê1947 Statutes of Nevada, Page 818 (Chapter 257, AB 602)ê

 

 

 

 

Form of petition

      Sec. 5.  The petition shall be in substantially the following form:

 

PETITION

................................................., residing at..........................................., being duly sworn, deposes and says: That there is now in the county, in the city or town of...................................................., a person named................................................, who resides at....................................., and who is believed to be mentally ill and in need of supervision, care, or treatment.

      That the person is........years of age; that .....he is........................ (sex); and that .....he is.............................................(single, married, widowed, or divorced); and that ..................................occupation is ................................................................................

      That the facts because of which petitioner believes that the person is mentally ill and in need of supervision, care, or treatment are as follows: That .....he, at....................................in the county, on the..............day of..........................., 19.......,

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

      That petitioner’s interest in said case is.............................................. ..........................................................................................................................................

      That petitioner believes that said person is so mentally ill that without supervision, treatment, care, or restraint, under the provisions of this act, he would be dangerous to himself or to the person or property of others.

      That the persons responsible for the care, support, and maintenance of the mentally ill person, and their relationship to the person are, so far as known to the petitioner, as follows:

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

                      (Name)                              (Address)                            (Relationship to the person

                                                                                                                alleged to be mentally ill)

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

                      (Name)                              (Address)                            (Relationship to the person

                                                                                                                alleged to be mentally ill)

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

                      (Name)                              (Address)                            (Relationship to the person

                                                                                                                alleged to be mentally ill)

      Wherefore, Petitioner prays that examination be made to determine the state of the mental health of.........................., alleged to be mentally ill, and that such measures be taken for the best interest and protection of said..........................., in respect to his supervision, care, and treatment as may be necessary and provided by law.

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

                                                                                                                        Petitioner.


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

ê1947 Statutes of Nevada, Page 819 (Chapter 257, AB 602)ê

 

      Subscribed and sworn to before me this...............................day of............................................, 19......

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

                                                                                                       County Clerk.

                                                                                By........................................

                                                                                                                Deputy.

      Sec. 6.  Whenever it appears, by petition pursuant to this chapter, to the satisfaction of a judge of the district court in any county that a person therein is mentally ill, and in need of supervision, treatment, care, or restraint, the judge shall make such orders as may be necessary to provide for examination into the mental health of the person, and for the safe-keeping of the person, pending hearing, in the county hospital or state hospital for mental diseases. If it appears to the judge that the mental health of the person requires it, the judge shall issue and deliver to the sheriff or peace officer for service an order directing that the person be detained in a place designated in the order.

      Sec. 7.  The order for detention shall be in substantially the following form:

 

ORDER FOR DETENTION

      The People of the State of Nevada to

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

(Peace officer)

      The petition of................................having been presented this day to me, a judge of the district court in and for the county of.........................................., State of Nevada, from which it appears that there is now in this county, at..............................., a person by the name of...................................., who is mentally ill and in need of supervision, treatment, care, or restraint.

      And it satisfactorily appearing to me that said person is sufficiently mentally ill and in need of supervision, treatment, care, or restraint; that examination should be made into the state of his mental health, and hearing held, if demanded, to determine the supervision, treatment, care, or restraint, if any, necessary for h..........best interest and protection, and the protection of the people.

      Now, therefore, you are commanded to notify said............., and to apprehend h........ that .......he may be humanely cared for as a mentally ill person until, as provided by law, he may be taken before a judge of the district court in this county for examination to determine the measures to be taken for the best interest and protection of said......................, as a mentally ill person, as provided by law.

      And you are further commanded to detain said.............., or cause h.......... to be detained, pending the further order of the judge, at..................................,

 

 

 

 

 

 

District judge, orders of

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Form of order for detention


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

ê1947 Statutes of Nevada, Page 820 (Chapter 257, AB 602)ê

 

 

 

 

 

 

 

 

 

 

 

Return of order

 

 

 

 

 

 

 

 

Copy of petition and order served, when and on whom

 

 

 

 

 

 

Emergency apprehension

 

 

Personal service of papers dispensed with, when

the judge, at.................................., and there be cared for in a humane manner as a mentally ill person.

      I hereby direct that a copy of this order, together with a copy of the said petition, be delivered to said person or his representative at the time of his notification, and I further direct that this order may be served at any hour of the night.

      Witness my hand, this...............day of.........................................., 19.................................

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

                                                                                        Judge of the District Court.

 

RETURN OF ORDER

      I hereby certify that I received the above order for detention on the .............day of........................., 19......, and served it by notifying and delivering to said................... personally, or to his representatives, to wit...................... a copy of the order and of the petition, by apprehending said person and causing h......... to be detained for humane care as an alleged mentally ill person at...............................; until further ordered and directed by the judge.

      I hereby certify that prior to the service of the above order for detention and the apprehension of..........................., I served notice on the person or his representatives, to wit, ..............................................................

      Sec. 8.  At least one day before the time of the apprehension a copy of the petition and order for detention shall be personally delivered to the person or his representative and, unless the petition is filed by such a relative, to the wife, husband, father, mother, or other nearest relative of the person alleged to be mentally ill, if any such relative is known to be within the county; if no such relative is known to be within the county, a copy of the petition and order for detention shall be personally delivered to the person with whom such alleged mentally ill person resides or at whose home he is, or in the absence of that person, to a friend of the alleged mentally ill person. However, where it is affirmatively shown that the mentally ill person requires emergency apprehension for his own protection, or the protection of the person or the property of others, the judge of the district court, upon verified petition, may issue an order for the immediate apprehension and detention of the person pending hearing.

      Sec. 9.  If the court in which the petition is filed is satisfied from any statement contained in the papers in the proceeding, or from inquiry, that personal service of the petition, of the order of detention, and of notice on the alleged mentally ill person would be ineffective or detrimental to such person, the court may dispense with such service, and the court shall dispense with such service, if two medical examiners state in writing under oath that personal service upon the alleged mentally ill person would in their opinion be detrimental to such person.


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

ê1947 Statutes of Nevada, Page 821 (Chapter 257, AB 602)ê

 

examiners state in writing under oath that personal service upon the alleged mentally ill person would in their opinion be detrimental to such person.

      Sec. 10.  If a request is made for a hearing on behalf of the alleged mentally ill person, the judge shall, or he may upon his own motion, by order fix such time and place for the hearing and examination as will give reasonable opportunity for the production and examination of witnesses. Notice of the time and place of the hearing shall be given each person upon whom the petition was served and such other persons as the court may order; such notice may be sent by registered mail with return receipt requested to the last-known address of each such person. The order shall be entered at length in the minute book of the court or shall be signed by the judge and filed.

      Sec. 11.  Upon sufficient showing that the interest of the patient as to his mental and physical condition would best be subserved thereby, the court may continue the hearing. Upon demand made at any time during the continuance by the patient or any of his relatives, friends, counsel, or representative, the court shall set the hearing at a date not more than five days from the time the demand was made.

      Sec. 12.  The judge of the district court may, for any hearing, order the clerk of the court to issue subpenas and compel the attendance of witnesses from any place within the boundaries of this state; but no person is obliged to attend as a witness in such a hearing out of the county where he resides or is served unless the judge, upon affidavit to the effect that affiant believes that the evidence of the witness is material and his attendance at the hearing necessary, endorses on the subpena an order for the attendance of the witness.

      The judge shall require the attendance of at least two medical examiners, who shall hear the testimony of all witnesses, make a personal examination of the alleged mentally ill person, and testify before the judge as to the result of the examination, and to any other pertinent facts within their knowledge. The judge shall also cause to be examined before him, as a witness, any other person who he has reason to believe has any knowledge of the mental condition of the alleged mentally ill person or of his financial condition or that of the persons liable for his maintenance.

      Sec. 13.  The alleged mentally ill person shall be present at the hearing, and if he has no attorney, the judge may appoint an attorney to represent him.

      Sec. 14.  The provisions of this act shall be liberally construed so that persons who are mentally disordered and bordering on mental illness, but not dangerously mentally ill, may, without being committed as an insane person, be by order of the court placed in the care and custody of the resident physician of the Nevada hospital for mental diseases to receive humane care and be restored to normal mental condition as rapidly as possible.

 

 

Hearing, when held; notice

 

 

 

 

 

 

Hearing, when continued

 

 

 

Witnesses may be subpenaed

 

 

 

 

 

Medical examiners required to testify

 

 

 

 

 

Mandatory presence

 

Act liberally construed


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

ê1947 Statutes of Nevada, Page 822 (Chapter 257, AB 602)ê

 

 

 

 

 

Cost of maintenance paid by estate

 

 

Indigent patient, cost paid by county, when

 

 

 

 

 

County entitled to reimbursement, when

 

 

 

 

 

 

 

Relatives liable for maintenance cost

 

 

Nonresident indigent patient may be cared for, how

may, without being committed as an insane person, be by order of the court placed in the care and custody of the resident physician of the Nevada hospital for mental diseases to receive humane care and be restored to normal mental condition as rapidly as possible.

      Sec. 15.  The reasonable cost of maintenance of a person committed under the provisions of this act, in a sum to be fixed by the court at the time of the commitment, shall be defrayed out of the estate of the patient so committed or shall be a charge upon his relatives liable for his maintenance.

      If, however, the patient is found to be an indigent and bona fide resident of the county for a period of one year, and without funds or relatives responsible for his maintenance able to pay such charge, then the expense of his maintenance shall be a charge upon the county in which the court has jurisdiction, and shall be paid out of the county treasury upon a written order of the judge of the district court of the county, directing the county auditor to draw his warrant upon the county treasurer specifying the amount of such expense.

      All funds expended by the county for the maintenance of such patient, or such maintenance in a sum or rate per day or per month fixed by the commissioners of the state hospital, shall be a charge against such patient or against his husband, wife, father, mother, or children, in the order named, and the county shall be entitled to reimbursement therefor. If such patient has property or acquires any the county shall have a claim against him or his estate, if deceased, to the amount of expense incurred, and said claim shall be enforced, if necessary, by action against him or his estate, if deceased, upon order of the board of commissioners of the county incurring such expense. If the patient has such husband, wife, father, mother, or children liable to him for his maintenance, the county shall have a claim against such relatives, or any of them, in the order named, to the amount of expense incurred, and said claim shall be enforced, if necessary, by action against such relatives, or any of them, upon order of the board of commissioners of the county incurring such expense.

      If the indigent patient is a nonresident of the county or if a relative or a friend of the patient is found outside the county, of whose ability and willingness to assume the responsibility and the expense of the proper care of the patient the court is satisfied, the court may release the patient to the custody of such relative or friend, and the cost and expense of transporting the patient to the home of the relative or friend or to the county or state where the patient has a legal residence shall be a charge upon the county in which the court has jurisdiction, and shall be paid in the manner prescribed in this section for the payment of other expenses for the care of such patients.


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

ê1947 Statutes of Nevada, Page 823 (Chapter 257, AB 602)ê

 

a legal residence shall be a charge upon the county in which the court has jurisdiction, and shall be paid in the manner prescribed in this section for the payment of other expenses for the care of such patients.

      Where the county has incurred expense upon order of court or is likely to incur such expense for the maintenance of such patient and he has estate for which no guardian has been appointed out of which the county is or may be entitled to reimbursement, the district attorney shall apply to the proper court for the appointment of a guardian of the estate of such patient. It shall be competent for a county employee to act as such guardian. Where such county employee is appointed and acts as such guardian he shall act without guardianship fees being charged or received from said estate, and the board of county commissioners may order that expenses necessary in the conduct of the guardianship and the necessary premiums on the bonds of the guardian be advanced by the county, and if so ordered by said board such expenses shall be a charge against the county, but the county shall be reimbursed therefor out of any funds or property of the estate of such patient by said guardian.

      Any such guardian may sell or encumber the property of the estate of such patient under the provisions of the general law in relation to guardians and from the proceeds of any such sale or encumbrance or from any other funds of the estate which may come into his possession, he shall pay to the county the expense incurred by it for the maintenance of such patient and shall pay, when available, the expense subsequently incurred by the county for any such maintenance.

      No fee shall be charged or received by the county clerk for the filing of any such guardianship petition nor for any official service performed by him in the course of the guardianship proceedings.

      Sec. 16.  Pursuant to rules and regulations established by the board of commissioners, the resident physician of the Nevada hospital for mental diseases may receive and detain in such hospital, as a boarder and patient, any person who is a suitable person for care and treatment in such hospital, upon receipt of a written application for the admission of the person into the hospital for care and treatment made in accordance with the following requirements:

      (a) In the case of an adult person, the application shall be made voluntarily by the person, at a time when such person is in such condition of mind as to render such person competent to make it or in the case of a minor person, the application shall be made by his parent or by the parent, guardian, or to the person entitled to the custody.

 

 

 

Guardian of estate of patient appointed, when

 

 

 

 

 

 

 

 

 

 

Powers of guardian

 

 

 

 

 

Fees not chargeable

 

 

Voluntary patients may be received in hospital

 

 

 

 

Requirements for admission


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

ê1947 Statutes of Nevada, Page 824 (Chapter 257, AB 602)ê

 

 

 

 

 

 

 

Duty of resident physician re voluntary patients

 

Maintenance cost payable in advance; refund when